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Edibles Transport Law


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333.26424b.added Transporting or possessing marihuana-infused product; violation; fine.

 

Sec. 4b.

 

(1) Except as provided in subsections (2) to (4), a qualifying patient or primary caregiver shall not transport or possess a marihuana-infused product in or upon a motor vehicle.

 

(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

(3) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is accompanied by an accurate marihuana transportation manifest and enclosed in a case carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is enclosed in a case and carried so as not to be readily accessible from the interior of the vehicle. The manifest form must state the weight of each marihuana-infused product in ounces, name and address of the manufacturer, date of manufacture, destination name and address, date and time of departure, estimated date and time of arrival, and, if applicable, name and address of the person from whom the product was received and date of receipt.

 

(4) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle for the use of his or her child, spouse, or parent who is a qualifying patient if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the qualifying patient, and, if applicable, name of the person from whom the marihuana-infused product was received and date of receipt.

 

(5) For purposes of determining compliance with quantity limitations under section 4, there is a rebuttable presumption that the weight of a marihuana-infused product listed on its package label or on a marihuana transportation manifest is accurate.

 

(6) A qualifying patient or primary caregiver who violates this section is responsible for a civil fine of not more than $250.00.

 

 

Thanks to Malmute for posting this earlier.

 

I have read this a number of times and still confusing. After reading section (2) again, a patient can carry an infused product if a label has the weight of product, their name (if self made), and date they made it?

 

I'm not sure so this is why I'm asking.

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(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

 

So, yes, it is retarded.

 

Anyhow, for a patient:

 

1)sealed

2) labeled with:

   a) weight in ounces

   b) name of manufacturer (patient or caregiver or commercial processor)

   c) date of manufacture

   d) name of person from whom you received product from(caregiver or dispensary if applicable)

   e) date of receipt(if applicable)

3) carried in trunk of vehicle( if no trunk, not readily accessible from interior of vehicle)

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And remember, this is for "Marihuana infused products" only.

 

Not buds or leaves, or extracts like hash and oils. Those are "Usable Marihuana" as defined.

 

Just marihuana infused products:

 

Defined:

 

Sec 3(f) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.

 

Defined:

 

Sec 3(n) "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.

 

 

----------------

 

This is for what PATIENTS have to do. Caregivers have more to do. I will cover Caregivers requirements in a different post.

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Blackhorse,

 

small trick for you,... To avoid the caregiver manifest, if you are a patient and a caregiver,  just label any marihuana infused product you are going to travel with as yours, the patient, and avoid the manifest and extra nonsense that is over and beyond the patient requirements. When you get to your patients house and are no longer "transporting", pull off the label and give it to your patient. 

 

;-)

 

P.S. Of course, weight amounts apply. If you are transporting more than a single patient can possess, obviously a manifest is needed.

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Are there any restrictions on transporting useable marijuana now that COA has clarified the law?

does not look like there is any transporting restrictions on flower or other usable marihuana. aside from the weight...

 

but try explaining that to the dumb cop. better print out the opinion just to be sure. few papers cant hurt.

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(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

 

So, yes, it is retarded.

 

Anyhow, for a patient:

 

1)sealed

2) labeled with:

   a) weight in ounces

   b) name of manufacturer (patient or caregiver or commercial processor)

   c) date of manufacture

   d) name of person from whom you received product from(caregiver or dispensary if applicable)

   e) date of receipt(if applicable)

3) carried in trunk of vehicle( if no trunk, not readily accessible from interior of vehicle)

 

Thanks Malamute,

 

This chart help a lot and sure it will help others who haven't read the new rules. Fine job of breaking it all down.

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Of course lara will notify all patients and caregivers of these new rules so they be compliant and not be ticketed. NOT

 

 

This is something we have tried to get them to do for,... well, since the start.

 

When a new rule is written, an amendment is added to or taken out of the law, or a clarifying Supreme court case occurs,  they should send all patients and caregivers and physicians an update explaining it "generally".  I say generally because i don't think the AG's biased  interpretation is necessarily right,... but all pa/cg/ph's need to be made aware.

 

The money is there in the MMFund, they just refuse.  The police get updates!!! Oh ya damned well know that.

 

They have used every excuse in the book. They say it is online, just find it. Um yea.

 

Reminds me of a quote from Hitchhikers guide to the galaxy:

 

Mr Prosser: But, Mr Dent, the plans have been available in the local planning office for the last nine months.

 

Arthur: Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn’t exactly gone out of your way to call attention to them had you? I mean like actually telling anybody or anything.

 

Mr Prosser: But the plans were on display…

 

Arthur: On display? I eventually had to go down to the cellar to find them.

 

Mr Prosser: That’s the display department.

 

Arthur: With a torch?

 

Mr Prosser: The lights had probably gone out.

 

Arthur: So had the stairs?

 

Mr Prosser: But look, you found the notice, didn’t you?

 

Arthur: Yes yes I did. It was on display at the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying beware of the leopard.

 

 

 

 

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The recent ruling from the court of appeals (No. 328274 Clinton Circuit Court CALLEN TRENT LATZ, LC No. 14-011348-AR) drops all claims to "illegal transport" if you are a patient or caregiver. In both the dissension and ruling, it was found that prosecution of a patient or caregiver is illegal as the original MMMA law of 2008 superseded the new laws that have to do with "illegal transport". As a patient or caregiver, you have the right to transport your LEGAL MEDICATION *IN* your vehicle, with you. You are not required to lock it in a container in the trunk because, as a legal patient or caregiver, you are not required to adhere to the new transport laws.

 

And anyways, why bother with a "legal transport" law when you are already legal by being a patient or cg in Michigan? How much have we all screamed that it's not right that mmmp folks have to lock up their drugs in the trunk when joe shmoe in the car next to you keeps popping xanax every 3 blocks?

 

Get real Michigan!

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What section covers transport of flowers? I can't seem to find it. :hair:

 

 

Sec. 3(h)

 

(h) "Medical use of marihuana" means the acquisition, possession, cultivation, manufacture, extraction, use, internal possession, delivery, transfer, or transportation of marihuana, marihuana-infused products, or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Sec. 4(a)

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.

 

New Section to be in accordance with(First post of topic):

Sec. 4b.

 

(1) Except as provided in subsections (2) to (4), a qualifying patient or primary caregiver shall not transport or possess a marihuana-infused product in or upon a motor vehicle.

 

(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

(3) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is accompanied by an accurate marihuana transportation manifest and enclosed in a case carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is enclosed in a case and carried so as not to be readily accessible from the interior of the vehicle. The manifest form must state the weight of each marihuana-infused product in ounces, name and address of the manufacturer, date of manufacture, destination name and address, date and time of departure, estimated date and time of arrival, and, if applicable, name and address of the person from whom the product was received and date of receipt.

 

(4) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle for the use of his or her child, spouse, or parent who is a qualifying patient if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the qualifying patient, and, if applicable, name of the person from whom the marihuana-infused product was received and date of receipt.

 

(5) For purposes of determining compliance with quantity limitations under section 4, there is a rebuttable presumption that the weight of a marihuana-infused product listed on its package label or on a marihuana transportation manifest is accurate.

 

(6) A qualifying patient or primary caregiver who violates this section is responsible for a civil fine of not more than $250.00.

 

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Just for completeness,  there is guidelines for transporting plants as well:

 

 

Sec. 4(d) "Enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

 

(1) The vehicle is being used temporarily to transport living marihuana plants from 1 location to another with the intent to permanently retain those plants at the second location.

 

(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marihuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the registered qualifying patient.

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if only we had a governor who listened to the people... it would be easy to contact him and ask him to tell LARA to get its act together.

 

but we dont. he didnt even come out from behind his curtain and walled fortress to talk to the people during the poisoning of flint.

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  • 2 weeks later...

Okie dokie.. so when your transporting edibles you need to

be on the whereabouts on how you package the box... for transportation...

for carefivers as well..

needs to be labled correctly due to constraints in our laws..

 

Copy copy ... from ghe merchanidiser to merchandiser... if not a 250 fien is given.

 

 

But what if it goes on your record.. and it causes problems to have your dispensary?

 

Confused...

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