● Employees who have the ability to control and direct the affairs of the marihuana facility and/or the ability to make policy concerning the marihuana facility.
In addition to the owners of the company, all individuals who fall within this definition of “managerial employee” must:
- Be identified by the company
- Submit all required disclosures and application documents to the MRA
- Undergo the same criminal and financial background check as the owners.
The MRA has also made clear that a person who is merely “supervising” is not a “managerial employee.”
● An employee who has supervisory duties, meaning those employees that carry out policy but don’t set or make policy or have the ability to control or direct the affairs of the marihuana facility, do not fall within the context of a “managerial employee” in the MMFLA.
Lastly, the MRA has indicated that an employee’s job title does not necessarily mean that he or she is a “managerial employee”:
● Additionally, an employee who has the title of “manager” is not a “managerial employee” in the context of the MMFLA if they do not have the ability to control or direct the affairs of the marihuana facility and/or they do not have the ability to set policy concerning the marihuana facility.
Why identifying your “managerial employees” matters
Since the State of Michigan must approve each individual who is a “managerial employee” before he or she can start working at your facility, it is essential to start this process as early as possible. This will provide each person with enough time to submit a complete application and obtain approval from the MRA. If this does not happen and your company receives its license, the opening of your business will likely be delayed until every key employee is properly vetted and approved.
Regardless of the job title assigned to a particular person, the MRA may consider he or she as a “managerial employee” based on the circumstances. This determination will happen on a case-by-case basis, but it will likely come down to an assessment of: