Legal Advice Needed

[+kurt klaas]

Many people of the HollandCCC want to start up a nonprofit coop. Our group is small but unified, strong and growing. The three biggest issues are, finding a facility that will work, raising money for starting the operation of the coop and most important, going about it all with the proper legal foundation. Any advice or contact info for help with these matters would be greatly appreciated.

 

Also, the City of Holland is going to put a 6-month moritorium in place very soon, within weeks. Does anyone know that if we are somehow able to put together a plan and execute some of it before the moritorium takes effect that it then doesn't apply, sort of like being grandfathered in? In short, we need legal info and advice because none of us know anything about these things.

 

Thanks for any suggestions.

 

Kurt,

 

Director, the HollandCCC

[+Annnie]

http://www.michiganmedicalmarijuana.org/index.php?/page/articles/compassionclubs/org/incorporating-cc

[+kurt klaas]

Thanks for the post to the MMMA page for incorporation. But I was hoping someone from a club that has been through what we need to go through would respond.

 

Kurt

[evilrotary]

That being said, I don't think I would try to open up something like this until the legality had been decided by a case in an appeals court.

 

 

Check this out though. This could be posted on our co-op walls.

 

"Are collectives okay?

Celeste Clarkson, compliance section manager with the state Bureau of Health Professions which oversees the Medical Marijuana Registry Program, said the medical marijuana law does not address collectives. But just because they are not in the act does not mean they cannot be established. she said.

“We are aware of the fact that they are out there, but it’s up to the local jurisdiction and law enforcement as to how they will accept them or treat them,” Clarkson said.

“The act does speak to the fact that a patient or a caregiver can only possess two-and-a-half ounces of usable marijuana for each patient … so if a caregiver has access to more than their allowable amount of usable marijuana for their patents, then does that mean they’re in violation of the law? I don’t know. It’s tricky.”

 

 

http://www.cm-life.com/2010/04/02/pair-seek-to-form-medical-marijuana-collective/

 

On the general information page on the gov website it is just thrown up there that there is no legal place in michigan to buy/sell it, but in the actual writings it doesn't exclude it, just how this chick says above.

 

James

[Guest CaveatLector]

It doesn't matter what you post on the wall, the MSP still thinks co-oops and dispensaries are illegal. To think that a piece of paper with an opinion on it will stop you from getting arrested just isn't really forward thinking. Remember, state law will trump local ordinances. If the MSP wants to arrest you they can no matter what the local law says.

I second that. You need to realize that just because the MDCH runs the program doesn't mean that their opinion of the law matters to anyone. It's a judge's job to interpret the law. A judge isn't going to listen to the MDCH's interpretation of the law. The MDCH doesn't have any special skills that make them more qualified to interpret the law. In other words, to argue that the law means X because the MDCH said so isn't going to get you anywhere in court if you are busted.

[evilrotary]

I second that. You need to realize that just because the MDCH runs the program doesn't mean that their opinion of the law matters to anyone. It's a judge's job to interpret the law. A judge isn't going to listen to the MDCH's interpretation of the law. The MDCH doesn't have any special skills that make them more qualified to interpret the law. In other words, to argue that the law means X because the MDCH said so isn't going to get you anywhere in court if you are busted.

 

 

Maybe it's just hope to find a program that most would call acceptable. I don't disagree with any of that.

[lawyercaregiver]

Celliach speaks the truth. I never thought dispensaries were legal but coops just might be if it was structured right. The law specifically says CG-Registered patient transactions are exempt. so what if your Co-Op is your registered caregiver? You get to grow 72 plants with 5 other guys. Then you have a different d/b/a or 5013c federal crap whatzit with each new increase of 5 members into the co-op????????????????????

 

You can INFER that other transactions are exempt and- probably- some courts will find some of these arrangements are OK. Any judge can interpret this law as allowing dispensaries and co-ops or NOT! We don't know at this time.