Medical Marijuana

On November 4, 2008, Michigan voters approved the use of marijuana for medical purposes.  Since its passage, the Michigan Medical Marihuana Act (MMMA) has prompted more questions than provided answers.  Currently, Michigan law permits marijuana use and distribution under specific, limited circumstances.  Under federal law, however, marijuana remains classified as a Schedule 1 controlled substance, and its use and sale is strictly prohibited.  This inconsistency has led to great uncertainty about the limits and availability of marijuana use in Michigan.

The Kitch firm is uniquely qualified to assist clients in every area affected and impacted by medical marijuana legislation.  With expertise in healthcare law and regulation, business planning and transactions, employment law, post-acute healthcare, governmental affairs, business tax and zoning, our attorneys are dedicated to helping clients comply with the law in a manner consistent with sound and ethical principles. 

 Healthcare

The complexities of the MMMA present unique compliance issues for patients, physicians, regulatory agencies, and the entire healthcare industry.  Our healthcare law experience allows us to offer clients guidance in balancing patient and physician interests with the strict limitations often imposed by state and federal law.  We provide direction in developing policies which can both protect and educate hospital, medical and long term care staffs and aid compliance with competing laws and regulations.  Our healthcare specialists include legal experts in the fields of:

            Healthcare Regulations

            Healthcare Transactions

            Medical Malpractice

            Medical/Legal Issues

            HIPAA/Confidentiality

            Post-Acute Care

            Home Health Services.

 Business Planning/Employment/Tax

The MMMA has produced a proliferation of certified caregivers, clinics, and related companies providing services and support to a rapidly expanding patient population.  Business enterprises in the growing medical marijuana industry must be carefully structured to maximize all corporate, employment and tax advantages, while maintaining all legal protections available.  Decades of experience in corporate law, business planning, employment and labor law, and business taxation allows us to address common business problems and offer insight and solutions unique to this developing field.  The complexities of the laws pose a particular challenge to employers seeking to comply with often conflicting laws and regulations.  From matters ranging from business formation, corporate compliance, employment policies and procedures to available tax benefits and considerations, the Kitch firm is singularly capable of handling all areas related to medical-marijuana related businesses.  We offer expertise in:

            Corporate Law and Business Structure

            Employment & Labor

            Business/Personal Tax

            Business Transaction Disputes

            Real Estate

            Worker’s Compensation.

Zoning/Municipal Law

With the rapid development of the medical marijuana industry has come corresponding activity in municipal zoning and land-use planning efforts.  Many major municipalities have adopted, or are considering, local ordinances to address medical marijuana use, distribution, and regulation.  Zoning boards, planning commissions and city councils have addressed options ranging from a strict prohibition of marijuana related businesses to the creation of dedicated districts to centralize related businesses.  Current debates include the legality and scope of marijuana cooperatives, dispensaries, and other joint enterprises.  Our attorneys have a long history of working with government agencies and entrepreneurs to reach creative solutions and foster a cooperative business relationship.  Our extensive experience in municipal, administrative and regulatory law can assist administrators, zoning and planning commissions, and independent businesses comply with all relevant state and federal laws and regulations.  Our related practice areas include:

            Government Administration

            Government Affairs and Negotiation

            Land Use

            Real Estate

            Zoning/Planning.

Diverse Law Practice

The MMMA impacts all facets of the law.  As a full-service law firm, we have the training and capacity to address virtually every medical marijuana related issue.  Our broad range of practice areas allows a thorough and multi-dimensional analysis of and approach to the full scope of our clients’ needs.  This capacity is vital to preparing a coordinated and complete response to the dynamic issues presented in this emerging and rapidly changing area.  Our diverse practice areas include:

            Premises Liability

            Criminal Law

            Insurance Coverage

            General Litigation

            Appeals.