Medical Marihuana Applications and Process
Complete each application below and the application that fits your type of facility.
Safety Compliance Facility-Application
Village of Lawrence General Information, Specific Requirements, Procedure and Flowchart for Issuing Permits for Medical Marihuana Facilities Permit Process (*The information provide is direct from medical marihuana ordinance)
The Village shall accept applications for authorizations to operate a medical marihuana facility within the Village. The Application shall be made on the approved Village Form and must be submitted to the Village Clerk. An application is not considered “complete” until it complies by meeting all the material provisions of Section 4(B)(1 – 25) in the Medical Marihuana Ordinance and includes a application fee in the amount of the annual medical marihuana facility fee. Once the Clerk determines, in their sole discretion the Application is determined to be “complete” in its material parts and they have received the appropriate fee, the Application shall be time and date stamped. If the limit on the number of authorized facility type has been reached, the Complete Application shall be held by the Clerk in consecutive time and date stamped order for future processing upon the opening of additional facilities. Any applicant waiting for future processing may withdraw their Application by written notice to the Clerk at any time and receive a refund of their initial annual medical marihuana fee. The Village Clerk shall refer a copy of the Applications, in date and time stamped order, to each of the following for their review and approval by the following Village Departments: the Village Attorney; the Villages Law Enforcement Agency; the Fire Chief; the Building Inspector; the Zoning Administrator; the Village Treasurer or any of their designees. Once applications are verified and approved by each Department, the Village Clerk shall forward the Complete Applications to the Village Planning Commission for review and recommendation to the Village Council. They shall be reviewed and acted upon in accordance with priority by filing date and time.
No person shall operate a marihuana facility in the Village of Lawrence without a valid marihuana facility permit issued by the Village of Lawrence pursuant to the provisions of this ordinance. Application for each Medical Marihuana Facility required by this ordinance shall be made in writing to the Village Clerk, and must be approved by the Village Council after receiving recommendation submitted by the Planning Commission and approved by the State of Michigan, prior to commencing operation. Upon the expiration of an existing Permit, a permit will be renewed by the Village of Lawrence for one (1) year if (1) there are no uncured administrative and/legal violations in the prior year, including no taxes owed;(2) the applicant has paid the annual permit fee for the renewal period;(3) any stakeholder changes has been fully disclosed to the Village of Lawrence; and (4) the applicant has paid and received renewal of its state license.
Specific Requirements and Procedure for Issuing Permits.
An application for a Medical Marihuana Facility Permit shall contain the following:
- The appropriate non-refundable permit application fee in the amount of $5,000.00 (Five Thousand Dollars)
- If the applicant is an individual, the applicant’s name date of birth, SSN, physical address including residential and any business address(s), attached to the individual, copy of government issued photo identification, email address, and one or more phone numbers including emergency contact information, and if applicable Federal EIN.
- If the applicant is not an individual, the names date of birth, SSN’s, physical addresses, including residential and any business(s), copy of government issued identification, mail addresses, and one or more phone numbers of each stakeholder and general partners of the applicant, including designation of the highest ranking stakeholder and/or general partner as an emergency contact person, articles of incorporation, assumed name registration documents, Internal Revenue Service SS- 4,EIN confirmation letter(s), and a copy of the operating agreement of the applicant, if a limited liability company of the partnership agreement, if a partnership, or a copy of the by-laws or shareholder agreement, if a corporation.
- The name and address of the proposed Medical Marihuana Facility and any additional contact information deemed necessary and requested by the Village.
- For the applicant, for each stakeholder and /or general partner of the applicant, an affirmation under oath as to whether they are at least 21 years of age and have never been indicted for, charged with, arrest for, or convicted of, pled guilty or nolo contendere to, forfeited bail concerning, or had expunged any criminal offense, under the laws of any jurisdiction, either felony or controlled-substance-related misdemeanor not including traffic violations, regardless of whether the offense has been expunged, pardoned, reversed on appeal or otherwise, including the date, name and location of the court, arresting agency, and prosecuting agency, the case caption, the docket number, the offense, the disposition, and the location and length of incarceration.
- Before hiring a prospective agent or employee of the applicant, the holder of a permit shall conduct a background check of the prospective employee. If the background check indicates a pending charge or conviction within the past ten (10) years for a controlled substance –related felony, the applicant shall not hire the prospective employee or agent without written permission from the Village Council.
- A signed release authorizing the Village of Lawrence Law Enforcement Designee to perform a criminal background check to ascertain whether the applicant, each stakeholder of the applicant, each managerial employee of the applicant met the criteria set forth in this Ordinance, the cost of which will be charged to the applicant.
- The name, date of birth, physical address (residential and business address(s), copy of photo identification, and email address for any managerial employee or employee of the Medical Marihuana Facility, if other than the applicant.
- An Affirmation under oath as whether the applicant or Stakeholder has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renew and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or non-renewal, including the licensing authority, the date each action was taken, and the reason for each action.
- One of the following: (a) proof of ownership of the entire premises wherein the Medical Marihuana Facility is to be operated; or(b) written consent from the property owner for use of the premises in a manner requiring a permit under this Ordinance along with a copy of the lease for the premises.
- Proof of an adequate premise liability and casualty insurance policy in the amount not exceeding the requirements addressed in the Medical Marihuana Facilities Licensing Act or applicable State Laws, covering the Medical Marihuana Facility and naming the Village as additional insured party, available for the payment of any damages arising out of an act of omission of the applicant or its stakeholders, agents, employees, or subcontractors.
- A description of the security plan for the Medical Marihuana Facility, including, but not limited to, any lighting, alarms barriers, recording/monitoring devises, and/or security guard arrangements proposed for the facility and premises. The security plan must contain the specification details of each piece of security equipment.
- A crisis response plan.
- A floor plan of the Medical Marihuana Facility, as well as a scale diagram illustrating the property upon which the Medical Facility is to be operated, including all available parking spaces, and specifying which parking spaces, if any, are handicapped-accessible, and the location of the Material Safety Data sheets and any chemical storage.
- A list of any chemicals being stored on the premises.
- An affidavit that neither the applicant nor any Stakeholder of the applicant has not failed to pay any property taxes, special assessments, fines, fee or other financial obligations to the Village.
- An affidavit that the transfer of Marihuana to and from Medical Facilities shall be in compliance with the MMMA and the Medical Facilities Licensing Act or other applicable state laws.
- A staffing plan.
- Any proposed text or graphical materials to be shown on the exterior of the proposed Medical Marihuana Facility.
- A patient education plan where applicable.
- A business plan which contains but is not limited to the applicant’s experience in operating other similarly permitted or licensed businesses and the applicant’s general business management experience.
- A location area map of the Medical Marihuana Facility and surrounding area that identifies the relative locations and distances (closest property line to the subject Medical Marihuana Facility’s building) to the subject Medical Marihuana Facility to the closest real property comprising a public or private elementary, vocational or secondary school; and church or a place of worship.
- A facility sanitation plan to protect against any Marihuana being ingested by any person or animal indicating how the waste will be stored and disposed of, and how any Marihuana will be rendered unusable upon disposal. Disposal by on-site burning or introduction in the sewerage system is prohibited.
- Certification letter from the bank showing that the applicant has liquid funds in the applicant’s name in the amount needed to complete the Medical Marihuana Facility
- No application shall be approved unless:
- The Fire Chief or designee and the Building Inspector have inspected the plans of the proposed location for compliance with all laws for which they are charged with enforcement;
- The applicant, each stakeholder of the applicant, and the managerial employees and employees of the applicant, have passed a criminal background check conducted by the Village of Lawrence Law Enforcement Designee.
- The Zoning Administrator has confirmed that the proposed location complies with the Zoning Ordinance.
- The Village Treasurer or designee has confirmed that the applicant and each stakeholder of the applicant are not in default to the Village.
- The Village Attorney or designee has completed a detailed review of the Medical Marihuana Facility application for compliance with the applicable state laws and Village Ordinances.
- If written approval is given by each individual or Designee identified in subsection 1-5 Medical Marihuana Ordinance, the Village Clerk shall submit the application to the Planning Commission for recommendation to the Village Council for the issuing of a permit to the applicant. All permits issued are contingent upon the State of Michigan issuing a license for the operation under State law.
Permittees shall report any other change in the information required by 4(B) of Medical Marihuana Ordinance above, to the Village within ten (10) days of the change. Fees shall be set by Council Resolution for any stakeholder added after the original application is filed.
3) Permit Renewal
- A medical marihuana facility permit shall be valid for one year from the date of issuance, unless revoked as provided by law.
- A valid medical marihuana facility permit may be renewed on an annual basis by submitting a renewal application upon a form provided by the Village of Lawrence and payment of the annual permit fee. Application to renew a marihuana facility permit shall be filed at least thirty (30) days prior to the date of its expiration.
- The renewal application for medical marihuana shall be subject to the same scrutiny and evaluation process as the inaugural permit application.
4) Permit Application Evaluation.
- The Village Council shall assess all applications referred to it by the Planning Commission pursuant to Section 4 and Section 5 of the Medical Marihuana Ordinance.
- In its application deliberations, the Village Council shall assess each application in each of the following categories:
- The applicant’s experience in operating other similarly permitted or licensed business.
- Applicant’s general business management experience.
- The applicant’s general business reputation.
- The integrity, moral character, and reputation; personal and business probity; financial ability and experience; and responsibility or means to operate or maintain a Medical Marihuana Facility.
- The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.
- The sources and total amount of the applicant’s capitalization to operate the proposed Medical Marihuana Facility.
- Whether the applicant or stakeholder has been indicted for, charged with, arrest 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 pardon, revered as appeal or otherwise.
- Past convictions of the applicant or stakeholder involving any of the following, but not limited to:
- Tax Evasion
- Fraudulent Activity; and
- Serious moral turpitude.
- A felony or misdemeanor of such nature that it may impair the ability of the applicant or stakeholder to operate a licensed business in a safe and competent manner.
- Whether the applicant or stakeholder or any business entity in which the applicant or stakeholder has had an ownership interest in has filed, or had filed against it, a proceeding for bankruptcy within the past seven (7) years.
- Whether the applicant or stakeholder 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 one (1) or more years.
- Whether the applicant or stakeholder has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction.
- As it relates to operation of a Provisioning Center, the applicant’s type of service and product that will be offered and the overall theme and atmosphere of the proposed Provisioning Center.
- The Village Commission shall assess each application within the aforementioned categories as described in Section 6(B)(1) through (13) in Medical Marihuana Ordinance and may issue a license to the applicant if an applicant has satisfactorily met all requirements. If the Village cannot decide on
5) Permit Generally.
- To the extent permissible all information submitted in conjunction with an application for a Permit or Permit renewal required by the Medical Marihuana Ordinance is confidential and exempt from disclosure under the Michigan Freedom of Information Act, 1976 PA 442,MCL 15.231 et. seq.
- Permittees may transfer a permit issued under this Ordinance to a different location upon receiving written approval from the Village. In order to receive approval to transfer a Permit location, the Permittee must make a written request to the Village Clerk, indicating the current Permit location and the proposed Permit location. Upon receiving the written request, the Village Clerk shall refer a copy of the written request to each of the following for their approval: The Fire Chief or designee, the Building Inspector, Law Enforcement Designee, the Zoning Administrator, the Planning Commission and the Village Council. No Permit transfer shall be approved unless each individual or Designee gives written approval that the Permittee and the proposed Permit location meet the standards identified in the Medical Marihuana Ordinance.
Permittees may transfer a Permit issued under this Ordinance to a different individual or entity upon receiving written approval by the Village Clerk. In order to request approval to transfer a permit to a different individual or entity, the Permittee must make a written request to the Village Clerk, indicating the current Permittee and the proposed permittee.
- Upon receiving the written request, the Village Clerk shall consider the request as a new application for a Permit and procedures set forth in Section 3, Section 4, Section 5, and Section 6 in the Medical Marihuana Ordinance shall be followed.
Permittee shall report any other change in the information required by this ordinance to the Village Clerk within ten (10) business days of the change. Failure to do so may result in suspension or revocation of the Permit.
- Permittee shall provide a water and sewer treatment plan where water where sewer services are not available within Village limits. The plan must be approved by the Village of Lawrence’s Department of Public Works and shall comply with all State and Federal laws, rules and regulations.
90 day time from initial application received to issuing (or denying) permit.