8.8 Immunity and Safeguarded Pursuits

 

The Health care Marihuana Facilities Licensing Act (MMFLA) generates a condition licensing method that delivers licensees, qualified general public accountants, and economic establishments with immunity from prosecution for MMFLA-compliant cannabis-similar routines. The MMFLA licenses and regulates health-related marihuana growers, processors, provisioning facilities, safe transporters, and protection compliance facilities.

The MMFLA “does not restrict the health-related objective protection delivered in . . .MCL 333.26428 . . . to any prosecution involving marihuana.” MCL333.27204.

 

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A. Licensee Immunity

 “Except as in any other case furnished in [the MMFLA], if a man or woman has been granted a condition working license and is running in the scope of the license, the licensee and its agents are not subject to any of the next for participating in functions described in [MCL333.27201(2)]:

(a) Criminal penalties underneath condition legislation or area ordinances regulating marihuana.

(b) Point out or neighborhood legal prosecution for a marihuana linked offense.

(c) State or local civil prosecution for a marihuana associated offense.

(d) Look for or inspection, besides for an inspection approved underneath this act by regulation enforcement officers, the municipality, or the office.

(e) Seizure of marihuana, real house, individual property, or something of price based on a marihuanarelated offense.

(f) Any sanction, which includes disciplinary action or denial of a right or privilege, by a company or occupational or skilled licensing board or bureau centered on a marihuana-similar offense.” MCL 333.27201(1).

 

 

B. Guarded Actions

 “The next functions are guarded beneath [MCL 333.27201(one)] if done beneath a condition operating license inside of the scope of that license and in accord with [the MMFLA], policies, and any ordinance adopted underneath [MCL 333.27205294]:

(a) Developing marihuana.

(b) Buying, receiving, marketing, transporting, or transferring marihuana from or to a licensee, a licensee’s agent, a registered qualifying affected person, or a registered most important caregiver.

(c) Possessing marihuana.

(d) Possessing or manufacturing marihuana paraphernalia for health care use.

(e) Processing marihuana.

(f) Transporting marihuana.

(g) Tests, transferring, infusing, extracting, altering, or learning marihuana.

(h) Obtaining or giving payment for merchandise or expert services.” MCL 333.27201(two).

 

C. Immunity for Homeowners and Lessors of Authentic Home

“Except as usually provided in [the MMFLA], a particular person who owns or leases authentic house upon which a marihuana facility is found and who has no understanding that the licensee violated [the MMFLA] is not subject to any of the adhering to for possessing, leasing, or permitting the procedure of a marihuana facility on the serious house:

(a) Criminal penalties underneath point out regulation or regional ordinances regulating marihuana.

(b) Point out or nearby civil prosecution centered on a marihuana-similar offense.

(c) Point out or community felony prosecution primarily based on a marihuana-linked offense.

(d) Search or inspection, apart from for an inspection approved beneath this act by legislation enforcement officers, the municipality, or the department.

(e) Seizure of any serious or personal property or anything at all of price primarily based on a marihuana-similar offense.

(f) Any sanction, together with disciplinary motion or denial of a ideal or privilege, by a small business or occupational or qualified licensing board or bureau.” MCL333.27201(three).

 

D. Immunity for Licensed General public Accountants

“Except as or else furnished in [the MMFLA], a accredited general public accountant who is licensed less than posting 7 of the occupational code, . . . MCL 339.720 to [MCL] 339.736, is not topic to any of the next for participating in the apply of general public accounting as that expression is described in . . . MCL 339.720, for an applicant or licensee who is in compliance with [the MMFLA], principles, and the Michigan healthcare marihuana act:

(a) Prison penalties underneath condition regulation or community ordinances regulating marihuana.

(b) Point out or local civil prosecution primarily based on a marihuana-relevant offense.

(c) State or regional legal prosecution centered on a marihuana-connected offense.

(d) Seizure of any actual or individual assets or just about anything of value based mostly on a marihuana-connected offense.

(e) Any sanction, including disciplinary motion or denial of a ideal or privilege, by a business or occupational or specialist licensing board or bureau centered on a marihuana-similar offense.” MCL 333.27201(four).

E. Immunity for Money Institutions

 “Except as usually offered in [the MMFLA], a monetary establishment is not subject to any of the pursuing for providing a fiscal services to a licensee underneath [the MMFLA]:

(a) Felony penalties under state legislation or area ordinances regulating marihuana.

(b) State or regional civil prosecution based mostly on a marihuana-associated offense.

(c) Condition or regional felony prosecution primarily based on a marihuana-associated offense.

(d) Seizure of any true or personal home or something of benefit based on a marihuana-related offense.

(e) Any sanction, which includes disciplinary action or denial of a right or privilege, by a business enterprise or occupational or specialist licensing board or bureau centered on a marihuana-relevant offense.” MCL 333.27201(five).

The write-up Clinical Marihuana Facilities Licensing Act (MMFLA)-eight.eight Immunity and Safeguarded Functions appeared initial on Komorn Legislation.

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