April 9, 2019, Introduced by Rep. Lilly and referred to the Committee on Government Operations.
A bill to amend 2016 PA 281, entitled
"Medical marihuana facilities licensing act,"
by amending section 402 (MCL 333.27402), as amended by 2018 PA 582.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 402. (1) The board shall issue a license to an applicant
who submits a complete application and pays both the nonrefundable
application fee required under section 401(5) and the regulatory
assessment established by the board for the first year of
operation, if the board determines that the applicant is qualified
to receive a license under this act.
(2) An applicant is ineligible to receive a license if any of
the following circumstances exist:
(a) The applicant has been convicted of or released from
incarceration for a felony under the laws of this state, any other
state, or the United States within the past 10 years or has been
convicted of a controlled substance-related felony within the past
10 years.
(b) Within the past 5 years the applicant has been convicted
of a misdemeanor involving a controlled substance, theft,
dishonesty, or fraud in any state or been found responsible for
violating a local ordinance in any state involving a controlled
substance, dishonesty, theft, or fraud that substantially
corresponds to a misdemeanor in that state.
(c) The applicant has knowingly submitted an application for a
license under this act that contains false information.
(d) The applicant is a member of the board.
(e) The applicant fails to demonstrate the applicant's ability
to maintain adequate premises liability and casualty insurance for
its proposed marihuana facility.
(f) The applicant holds an elective office of a governmental
unit of this state, another state, or the federal government; is a
member of or employed by a regulatory body of a governmental unit
in this state, another state, or the federal government; or is
employed by a governmental unit of this state. This subdivision
does not apply to an elected officer of or employee of a federally
recognized Indian tribe or to an elected precinct delegate.
(g) The board determines that the applicant is not in
compliance with section 205(1).
(h) The department determines that the applicant, at any time
after the effective date of the amendatory act that added this
subdivision, held itself out as operating a marihuana facility and
did not have a license to operate that facility or the applicant's
license to operate that marihuana facility was suspended, revoked,
lapsed, void, fraudulently obtained, or transferred to the
applicant other than pursuant to section 406. If the department
determines that an applicant is ineligible to receive a license
under this subdivision, the applicant is ineligible to receive a
license for 1 year after the date of the department's
determination.
(i) (h)
The applicant fails to meet other
criteria established
by rule.
(3) In determining whether to grant a license to an applicant,
the board may also consider all of the following:
(a) The integrity, moral character, and reputation; personal
and business probity; financial ability and experience; and
responsibility or means to operate or maintain a marihuana facility
of the applicant and of any other person that meets either of the
following:
(i) Controls, directly or indirectly, the applicant.
(ii) Is controlled, directly or indirectly, by the applicant
or by a person who controls, directly or indirectly, the applicant.
(b) The financial ability of the applicant to purchase and
maintain adequate liability and casualty insurance.
(c) The sources and total amount of the applicant's
capitalization to operate and maintain the proposed marihuana
facility.
(d) Whether the applicant has been indicted for, charged with,
arrested for, or convicted of, pled guilty or nolo contendere to,
forfeited bail concerning, or had expunged any relevant criminal
offense under the laws of any jurisdiction, either felony or
misdemeanor, not including traffic violations, regardless of
whether the offense has been expunged, pardoned, or reversed on
appeal or otherwise.
(e) Whether the applicant has filed, or had filed against it,
a proceeding for bankruptcy within the past 7 years.
(f) Whether the applicant has been served with a complaint or
other notice filed with any public body regarding payment of any
tax required under federal, state, or local law that has been
delinquent for 1 or more years.
(g) Whether the applicant has a history of noncompliance with
any regulatory requirements in this state or any other
jurisdiction.
(h) Whether at the time of application the applicant is a
defendant in litigation involving its business practices.
(i) Whether the applicant meets other standards in rules
applicable to the license category.
(4) Each applicant shall ensure that 1 set of fingerprints is
submitted to the department of state police. The applicant shall
submit with its application the applicant's written consent to the
criminal history check described in this section and the submission
of the applicant's fingerprints to, and the inclusion of the
applicant's fingerprints in, the state and federal database systems
described in subsection (7).
(5) The fingerprints required under subsection (4) may be
taken by a law enforcement agency or any other person determined by
the department of state police to be qualified to take
fingerprints. The applicant shall submit a fingerprint processing
fee to the department in an amount required under section 3 of 1935
PA 120, MCL 28.273, and any costs imposed by the Federal Bureau of
Investigation.
(6) The department of state police shall do all of the
following:
(a) Conduct a criminal history check on each applicant and
request the Federal Bureau of Investigation to make a determination
of the existence of any national criminal history pertaining to
each applicant.
(b) Provide the board with a written report containing the
criminal history record information of each applicant.
(7) All of the following apply concerning fingerprints
submitted to the department of state police under this section:
(a) The department of state police shall store and retain all
fingerprints submitted under this section in an automated
fingerprint identification system database that searches against
latent fingerprints, and provides for an automatic notification if
and when a subsequent fingerprint is submitted into the system that
matches a set of fingerprints previously submitted under this
section or if and when the criminal history of an individual whose
fingerprints are retained in the system is updated. Upon receiving
a notification, the department of state police shall immediately
notify the board. Information in the database maintained under this
subsection is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
act or for law enforcement purposes.
(b) The department of state police shall forward all
fingerprints submitted to it under this section to the Federal
Bureau of Investigation for submission of those fingerprints into
the FBI automatic notification system. This subdivision does not
apply until the department of state police is a participant in the
FBI automatic notification system. As used in this subdivision:
(i) "Automatic notification system" means a system that stores
and retains fingerprints, and that provides for an automatic
notification to a participant if and when a fingerprint is
submitted into the system that matches an individual whose
fingerprints are retained in the system or if and when the criminal
history of an individual whose fingerprints are retained in the
system is updated.
(ii) "FBI automatic notification system" means the automatic
notification system that is maintained by the Federal Bureau of
Investigation.
(8) The board shall review all applications for licenses and
shall inform each applicant of the board's decision.
(9) A license shall be issued for a 1-year period and is
renewable annually. Except as otherwise provided in this act, the
board shall renew a license if all of the following requirements
are met:
(a) The licensee applies to the board on a renewal form
provided by the board that requires information prescribed in
rules.
(b) The application is received by the board on or before the
expiration date of the current license.
(c) The licensee pays the regulatory assessment under section
603.
(d) The licensee meets the requirements of this act and any
other renewal requirements set forth in rules.
(10) The department shall notify the licensee by mail or
electronic mail at the last known address on file with the board
advising of the time, procedure, and regulatory assessment under
section 603. The failure of the licensee to receive notice under
this subsection does not relieve the licensee of the responsibility
for renewing the license.
(11) If a license renewal application is not submitted by the
license expiration date, the license may be renewed within 60 days
after its expiration date upon application, payment of the
regulatory assessment under section 603, and satisfaction of any
renewal requirement and late fee set forth in rules. The licensee
may continue to operate during the 60 days after the license
expiration date if the license is renewed by the end of the 60-day
period.
(12) License expiration does not terminate the board's
authority to impose sanctions on a licensee whose license has
expired.
(13) In its decision on an application for renewal, the board
shall consider any specific written input it receives from an
individual or entity within the local unit of government in which
the applicant for renewal is located.
(14) A licensee must consent in writing to inspections,
examinations, searches, and seizures that are permitted under this
act and must provide a handwriting exemplar, fingerprints,
photographs, and information as authorized in this act or by rules.
(15) An applicant or licensee has a continuing duty to provide
information requested by the board and to cooperate in any
investigation, inquiry, or hearing conducted by the board.