How Should The Law Be Written For A Dispensary?

[LITLJON]

This question came to mind, How should a LAW be written for Dispensary operate? Lets stay away from taxes and assume that it is run as a business, co-op, Nonprofit under existing laws. I know most are not politicians but we have a opinion and no Law

[the green leaf farmacy]

This question came to mind, How should a LAW be written for Dispensary operate? Lets stay away from taxes and assume that it is run as a business, co-op, Nonprofit under existing laws. I know most are not politicians but we have a opinion and no Law

it should be like any other drug that you get from your dr from a parmacy not this caregiver nonsence

[LITLJON]

it should be like any other drug that you get from your dr from a parmacy not this caregiver nonsence

 

I knew you would chime in but thats not what I asked! So if you have nothing constructive to add please stay out of my thread.

[the green leaf farmacy]

I knew you would chime in but thats not what I asked! So if you have nothing constructive to add please stay out of my thread.

thats very rude of you to say that you ask for an opinon and got one i expect you to treat all that answer your queston with the same disrespect that you gave me you dont owne a thread and that was a constructive comment have i given you any disrespect what with the aditude did i say somthing in the forms that you did not agree with is that whats up

[LITLJON]

thats very rude of you to say that you ask for an opinon and got one i expect you to treat all that answer your queston with the same disrespect that you gave me you dont owne a thread and that was a constructive comment have i given you any disrespect what with the aditude did i say somthing in the forms that you did not agree with is that whats up

 

Actually I thought I was rather polite about you posting off topic in my thread. I consider that to be rude.

[boroboro]

How about a variation on 'the green leaf farmacy's brilliant idea:

 

It should be easier to obtain than beer, since it has many more positive uses and many fewer negative uses, fewer side effects, and fewer (if any) negative health effects.

 

OK, just daydreaming, but you did ask for opinions

 

Points to consider:

1. encourage local production
2. ensure legal, above-board production
3. ensure legal customers
4. protect customer identities while we're still stuck in this supposedly 'anti-drug' culture
5. provide a mechanism for product testing, quality verification, contaminant testing, etc.

[dutch&Dutchess]

The law is called the MMMA and the regulator is called the free market with donations for those in need. That is America to one degree or another. I like the way things are going (we will prevail in the courts) and the second we get 75% of the legislature on board someone will throw in some rent seeking corrupt twist to screw us

[Hempcheff]

it should be like any other drug that you get from your dr from a parmacy not this caregiver nonsence

 

 

thats very rude of you to say that you ask for an opinon and got one i expect you to treat all that answer your queston with the same disrespect that you gave me you dont owne a thread and that was a constructive comment have i given you any disrespect what with the aditude did i say somthing in the forms that you did not agree with is that whats up

 

troll

[the green leaf farmacy]

troll

why was this comment made i don care for it be you have a right to say it

[peanutbutter]

why was this comment made i don care for it be you have a right to say it

 

Kuipers?

 

Um .. not exactly a right. You have been allowed to post here.

[SPYIRIL OUT/46N2]

Hello all...the shop by my town I won't say where but it seems ta work for all that's in need for meds as well for the sisterring town around so times the issue. The laws have not been in our hand for very long ! All for the movement (many) making that stand(very few) peace love n green or purple maybe with a little orange in it happy weekend

[+Annnie]

it should be like any other drug that you get from your dr from a parmacy not this caregiver nonsence

Are you aware that under your model for dispensing MM that absolutely no one in michigan would be allowed to recieve MM? Is that what the will of the ppl was when they voted for this? Is that the spirit of this law? 63% of michigan voters support medical marihuana. Your model is bad and you need to stop advocating for it on this site.. the ppl here want to see the ppl who need mm have access to it in a legal and upstanding way.. Your model is absolutely impossible and wouldnt work.. sorry to break that news to you..

[SPYIRIL OUT/46N2]

Are you aware that under your model for dispensing MM that absolutely no one in michigan would be allowed to recieve MM? Is that what the will of the ppl was when they voted for this? Is that the spirit of this law? 63% of michigan voters support medical marihuana. Your model is bad and you need to stop advocating for it on this site.. the ppl here want to see the ppl who need mm have access to it in a legal and upstanding way.. Your model is absolutely impossible and wouldnt work.. sorry to break that news to you..

[SPYIRIL OUT/46N2]

Nothing says how and where to get it other then CG or grow it for your self....and weather you think shops won't pop up on corners near you time will tell....so maybe before you wake up n sit on your computer! I'm sure is all the time....you wake up with a chip on your shoulder and with claws out U sit behind a screen to judge? Everyone that has mm cards voted what point were you attacking of mine. Model I was commenting on the post sOooooo having said that Happy weekend.

[bobandtorey]

copied from other post

 

Subject:15 Arrested in Oakland Sheriff's Pot Raids

 

I would encourage folks to fully realize the risk they're running if they

...do anything that is not clearly and explicitly allowed by Initiated Law 1.

Anyone treading outside the scope of what is clearly protected from arrest

could very well end up being prosecuted, which is generally extremely

expensive and stressful, even if one is ultimately acquitted. And, if

they're convicted it's even worse ... In addition, the current federal

policy that advises against targeting those who are state-legal only applies

to those in "clear and unambiguous compliance" with state laws.

 

The affirmative defense is meant as a safety net (such as for those who

are not registered or who need more marijuana), but it is not clear that

judges will interpret it as it was intended. I think the affirmative defense

is clear, but some courts have pretty much interpreted it out of existence,

so it is very risky to rely on it. In addition, one is way better off only

doing what is explicitly protected from arrest (getting an ID card and

abiding by the limits). Getting arrested and getting a lawyer, etc, is not a

pleasant experience even if one ultimately prevails.

 

In addition, public support could easily turn if there becomes a perception

that the law is being abused or what is happening is not what voters

expected. It's important that folks not do anything to undermine public

support. In Montana, there was a petition campaign to repeal the state's

medical marijuana law. It got off to a late start and they only had two

weeks or less to gather signatures. It didn't qualify, but it did show that

there is some strong and concerted opposition in response to things like a

proliferation of dispensaries, doctors that are not doing thorough exams and

a huge increase in patient numbers, etc.

 

I would love to see an add-on bill to allow well regulated dispensaries in

Michigan. I don't know if it'd have much of a chance, but a Republican

sponsor got one passed in Colorado last year and Montana lawmakers are

looking at doing the same thing next year. Maine and Rhode Island also have

new dispensary laws that were added on to their existing laws in 2009.

 

-Karen

Note: this is not intended as legal advice. Please consult with a

Michigan-licensed attorney for legal advice.

 

Karen O'Keefe, Director of State Policies

Marijuana Policy Project

236 Massachusetts Ave. NE, Suite 400

Washington, DC 20002

P: 202-462-5747, ext. *2023

F: 202-552-0982

kokeefe@mpp.org

[+420Atheist]

I think the law is all ready clear. A dispensary can have on hand 2.5 ounces for every patient and caregiver card they posses. They can transfer to legal patients and accept compensation for that. I don't see any need for a new law. I see a need for LEO to get their @$$ handed to them in the MI Supreme Court with a huge lawsuit that breaks their department. Just one of those and the law will be followed by LEO.

[LITLJON]

I think the law is all ready clear. A dispensary can have on hand 2.5 ounces for every patient and caregiver card they posses. They can transfer to legal patients and accept compensation for that. I don't see any need for a new law. I see a need for LEO to get their @$$ handed to them in the MI Supreme Court with a huge lawsuit that breaks their department. Just one of those and the law will be followed by LEO.

 

Unfortunately it is not that cut and dry. And that is why LEO is still attempting prosecute.

[LITLJON]

Maybe a simple law Written like this it was modeled from a law to protect employee's.

 

DISPENSARY OWNERS AND EMPLOYEES (EXCERPT)

 

“Dispensary” defined.

 

Sec. 1.

 

As used in this act, “Dispensary” means a fixed establishment providing Medical Marihuana products to the public for use and consumption.

 

Protection

 

Sec. 1.

 

A Dispensary or an employee or owner of a dispensary shall not be 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 if an employee or owner of a dispensary in good faith provides medical marihuana products to registered care giver and or patients, unless the employee or owner was grossly negligent in his or her actions.

 

 

Negligent

 

Sec. 1.

 

A Dispensary or an employee or owner of a dispensary shall not dispense medical marihuana products of any kind to anyone without a registered identification card except in a case of renewal as provided by the Michigan Medical Marihuana Act.

a.Renewal both expired card and current paper work required

 

 

iT'S JUST A DRAFT

FOR A START

[Rashore]

I suppose it could depend a lot on what the dispensary offers.

 

Like a walk up window for bud for registered patients could be considered more along the lines of a pharmacy.

 

If there was a hang around lounge environment, that might be considered more along the lines of a bar. You would have to be able to provide things like customer bathrooms and stuff that you don't really have to do with a walk up pharmacy window.

 

If you offer any food preparations.. then you start getting into regulations that apply to restaurants and coffee shops.

[LITLJON]

Maybe a simple law Written like this it was modeled from a law to protect employee's.

 

DISPENSARY OWNERS AND EMPLOYEES (EXCERPT)

 

“............"

 

iT'S JUST A DRAFT

FOR A START

 

I established three things,

1st by “Dispensary” defined shows that they(Dispensaries) actually exists.

2nd protecting owners and employees from prosecution for providing MM products to patients and care givers alike.

3rd Negligents this is two sided sword it hampers new patients but protects the dispensary from fraud.

[peanutbutter]

I established three things,

1st by “Dispensary” defined shows that they(Dispensaries) actually exists.

 

This is exactly what needs to be done first.

 

Exactly what is a dispensary?

 

They are not defined in federal or state law. Thus the MMA did not need to make them legal again. They were never outlawed to begin with.

 

The same holds true for co-ops.

 

They were never made illegal to begin with.

 

There are obviously things that could take place inside any building, no matter what you call the building.

But simply putting a sign on the outside of a building is not a crime listed in either federal or state controlled substance acts.

 

At least one local government had indeed defined what a dispensary is. It includes a caregiver with one single patient in the caregivers home.

[LITLJON]

This is exactly what needs to be done first.

 

Exactly what is a dispensary?

 

They are not defined in federal or state law. Thus the MMA did not need to make them legal again. They were never outlawed to begin with.

 

The same holds true for co-ops.

 

They were never made illegal to begin with.

 

There are obviously things that could take place inside any building, no matter what you call the building.

But simply putting a sign on the outside of a building is not a crime listed in either federal or state controlled substance acts.

 

At least one local government had indeed defined what a dispensary is. It includes a caregiver with one single patient in the caregivers home.

 

 

My goal here is not dispute the rights provided by the MMA act but to provide protection for those who wish to operate, work at, or visit dispensary's to purchase MM related products of all kinds without fear of seizure or prosecution.

What local government has defined what a dispensary is? Is it written into a law?

 

Not trying to sound offensive or defensive

[GaylordMedicinals]

This question came to mind, How should a LAW be written for Dispensary operate? Lets stay away from taxes and assume that it is run as a business, co-op, Nonprofit under existing laws. I know most are not politicians but we have a opinion and no Law

 

The law is already written for small dispensaries run by patient caregivers. It clearly outlines maximum weight limits - 15 OZ (assumes a patient caregiver with five registered patients). That has to be obeyed. Carry more weight in your dispensary and you are basically creating a public relations nightmare for the rest of us. I absolutely believe the state would like to run a communist, centralized distribution model wrt a state-run dispensary chain - which will almost certainly result in high prices for inferior meds, and a return (for most of those who for whatever reason cannot grow their own meds) to back-alley dealings.

 

The second key element in terms of a dispensary/club/coop is that the MMM Act also accounts for patient-to-patient transfers. Which is why I believe a patient/caregiver operator working in a dispensary/coop/club environment is protected as long as they don't go over the weight/# of plants limit. I'm sure it'd be wise to actually always be well within those limits. Someone mentioned that he had harvested a plant and was drying it, and the police counted each hanging piece as an entire plant. You know, in most cases, it's probably a small minority within the police force that consider busting a legal patient or caregiver "fun" - but you get one of those guys, it pays to think of these dirty tricks they'll pull.

 

Right now, pushing the gray areas of the law is counterproductive - just my opinion, of course. But, I'm more of a "small family-run business" kind of guy over a corporate-chain model in the first place - and I'm sure my biases carry over to the issue of dispensaries.

 

Cheers.

[twisteddog258]

it should be like any other drug that you get from your dr from a parmacy not this caregiver nonsence

 

Please don't call cannabis a drug, it's a bio-chemical if anything. A plant, it grows from a seed. I know what you've been taught for years, but it is time to wake up from this deception. Herbs grow, drugs are produced!

[boroboro]

Please don't call cannabis a drug, it's a bio-chemical if anything. A plant, it grows from a seed. I know what you've been taught for years, but it is time to wake up from this deception. Herbs grow, drugs are produced!

 

I have to disagree with that. Check a dictionary for the definition of a 'drug'. The first web link I found tells me that a drug is:

b : a substance used as a medication or in the preparation of medication

 

c according to the Food, Drug, and Cosmetic Act :

1. (1) : a substance recognized in an official pharmacopoeia or formulary
2. (2) : a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease
3. (3) : a substance other than food intended to affect the structure or function of the body
4. (4) : a substance intended for use as a component of a medicine but not a device or a component, part, or accessory of a device

 

Or, how about this:

An estimated one-quarter of the prescription drugs sold in the United States, Canada and Europe contain active ingredients derived from plants, claims a new report from BCC research. Global over-the-counter sales of plant-derived drugs are estimated at $40 billion per year - and increasing interest will push these figures further.

(http://www.nutraingredients.com/Consumer-Trends/Plant-based-drugs-room-for-growth)

 

Not a real high-quality link, just there to represent the idea that lots of drugs come from plants, from Aspirin to Opium (yeah, I know aspirin is synthetic these days).

 

I do think that cannabis has an almost unique quality of having widespread, amazingly positive effects with nearly no negative side-effects (perhaps depending on whether you consider the psychoactive effects a negative).

 

Based on simple logic and something like a risk-reward balance, cannabis should be easier to obtain that most other drugs. But that's getting pretty far off-track from the original question.