Michigan Cannabis Business Lawyer

Michigan Cannabis Business Attorney – Scott Roberts

​Cannabis businesses in Michigan are gearing up when the State begins taking applications for recreational businesses on November 1, 2019. Michigan legalized adult use in 2018 with 56% of the vote but it’s predicted that the first recreational business won’t open until the Spring of 2020. This week Miggy and Tom were joined by cannabis business attorney Scott Roberts from Scott Roberts Law to discuss Michigan’s cannabis landscape.

Here in Michigan, cannabis laws and regulations are constantly evolving and the implementation of laws will change without any notice. The MRA (Michigan Regulatory Agency) that governs marijuana, can sometimes just change their reading on things and unless you’re actively involved in it you won’t know. There’s a lot of information on the web but if it’s more than a year or two old there’s a chance it’s no longer up to date. –  Scott Roberts

What is Scott Roberts Law?

  • A full-service cannabis business law firm
  • Works with start-ups and established businesses
  • Assists with all cannabis business from compliance, to licensing, to business transactions
  • Help medical cannabis business comply with the Michigan Medical Marihuana Act (MMMA), the Medical Marihuana Facilities Licensing Act (MMFLA), Department of Licensing and Regulatory Affairs (LARA) regulations, municipal zoning restrictions, and other applicable laws
  • Founded in 2014
  • Headquartered in Detroit, Michigan

What is a Cannabis Microbusiness?

A small business permitted to grow and process up to 150 cannabis plants and produce and sell products directly to consumers from its yields

  • Microbusinesses were created to protect states like California and Michigan from “big cannabis” companies wanting to monopolize the cannabis market
  • Applicants for microbusinesses aren’t required to have a medical marijuana license like recreational licenses require
  • Microbusinesses have many possibilities for business opportunity from cannabis-themed arcades to restaurants and movie theaters

What Michiganders Need to Know About Their Cannabis Rights

Cannabis laws are notoriously complex but it’s important to know your rights as a consumer and resident. Whether you’re an entrepreneur or casual consumer, never hesitate to reach out to a lawyer for clarification and guidance. Michigan residents above the age of 21 can:

  • Possess up to 10 oz of flower in their home and 2.5 oz outside of their house
  • Possess up to 15 grams of cannabis concentrates
  • Grow up to 12 plants in their homes
  • Transport cannabis in a sealed and labeled package that is stored in the trunk of a car (or other location in your vehicle that is not easily accessible)

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Start-ups and established businesses often look for a Michigan cannabis business lawyer to comply with the official medical marijuana business law. No matter if you need an MMFLA license, acquire a real estate, or you want to establish a buying or selling cannabis business, the right Michigan cannabis business lawyer can help.

What Are the Cannabis Business Regulations in Michigan?

On November 1, 2019, the state of Michigan took the final step in regulations that allow applicants to start a recreational marijuana business. First applications are already submitted online, and we see many applicants who want to inform better about the regulations and laws regarding marijuana business.

The main job of a Michigan cannabis business lawyer is to inform you how to go through the process of litigation, and how to mitigate the legal risk. A good lawyer will offer full support in deciding which business entity is necessary for the application form you need to file with the state and the IRS.

According to the Michigan Regulatory Agency, business owners will need to separate medical from recreational marijuana if they want to operate in the state. Generally speaking, there is no chemical difference between medical and recreational marijuana. However, you need to pay the excise tax of 10% that applies to recreational marijuana. This makes recreational marijuana business slightly more demanding in terms of regulations and proper financial support.

How a Michigan Cannabis Attorney Can Help You?

If you decide to start a medical marijuana business, a Michigan cannabis business lawyer can help you in many areas. You should consult your lawyer about the type of license you want to get for your business.

Types of Licenses for Cannabis Businesses in Michigan

When you consider getting a license, you must prepare the cannabis business application. In the state of Michigan, you can apply for 5 different licenses. These are:

• Grower

• Provisioning center

• Processor

• Secure Transporter

• Safety compliance facility

As a grower, you decide between three classes a grower license. There are A, B, and C types of licenses that indicate the overall number of plants you can grow.

Provisioning center is a type of marijuana dispensary. If you want to have a provisioning center for your business, you cannot have any financial interest in a safety compliance facility or as a secure transporter. You will also assess an additional 3% tax amount of your income.

Processor is a business that uses cannabis from growers and creates edibles, extracts, and other cannabis products.

Secure transporter transports cannabis and money between facilities. To become a secure transporter, you cannot be registered as a patient or a caregiver.

Safety compliance facility tests THC content in marijuana, and in this case, you have to employ someone who holds a degree in laboratory or medical science.

There are no official regulations that say that you have to own an exact property for the cannabis business. Many applicants put their property under a contract, then apply for the license, and if approved, the property can be bought. This way, you ensure that you are financially secured in the application process.

How to Apply for a Medical Marijuana License in Michigan

To apply for a medical marijuana license in Michigan, you must have a clear background, a relevant number of years living in Michigan, and enough capital. Once you passed this kind of prequalification process, you can opt for a license qualification.

It is important to find out whether your city township has an opt-in ordinance that allows a marijuana facility in the exact municipality. If this applies to your city, you can build the necessary facilities to operate your medical marijuana business.

After you pass the prequalification process, you can move to an application for your license. It is crucially important to describe all your business details and the exact location of your facilities. If you do not provide the exact information, you are under the high risk of being rejected by the MMFLA officials.

For that reason, it is good to consult your Michigan cannabis business lawyer about all the necessary details. If you want to apply for the medical business license, you must take into consideration all the regulations that apply to your municipality. Contact the right Michigan cannabis business lawyer and find out everything you need to know to open a successful medical marijuana business.

Contact a Cannabis Attorney In Michigan

A top-notch Marijuana Business Law Firm serving both start-ups and established businesses make their mark on the Cannabis Industry. Our cannabis attorneys know the laws and marketplace surrounding medical and recreational marijuana as well as Hemp and CBD.

As cannabis attorneys we provide invaluable legal and business advice to help you start your grow facility, provisioning center, processing lab, safety testing facility, secure transportation company, or cannabis microbusiness.

Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.

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Licensed to practice since 2008, Thomas Howard has represented numerous financial institutions in litigation to enforce their security interests.
Homegrown Cannabis Co's Cannabis Seeds


Licensed to practice since 2008, Thomas Howard has represented numerous financial institutions in litigation to enforce their security interests.

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