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Having a look at it now doesn't have anything to do with how it ends up after it is revised. We all want to see the draft. Just post it. It's either good or bad. Time will not change anything. I like this term 'greater community'. That is priceless. This was a simple request from the greater community.

 

 

 

NO you cannot see the draft, its not finnished yet and any draft that anyone says they have is an old draft anyway. Sorry about your luck. If you would like please feel free to write your own bill and find a sponsor then you can see as many drafts as you like. Have a nice day.

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We are all waiting to see the final draft. As soon as it gets introduced, it will be available for review. Otherwise, the local option concept, and the preserving and working in conjunction with the caregiver system, is the basis of our input. If the final draft, or ensuing amendments, would result in restricting or prohibiting the rights and protections afforded caregivers and patients by the MMMA, we will oppose it.

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At least someone got free samples that some of us care givers handed out over there at 3rd coast. I thought they just smoked it all up or reatailed the free samples.

 

I work at a compassion center and I know most of the samples we receive, we don't even ask for. People just want an opportunity to get rid of some of their "unused meds". Some of the samples we do, sample ourselves. Sometimes we give the samples we receive back to patients we know are short on cash, and request that they tell us how well it worked for them.

 

From the perspective of the compassion centers, I don't see how they would be able to operate without the caregiver model. If they tried to grow all of the medicine themselves, that would result in grow facilities that would raise the red flag for the Feds. Anything over 99 plants under one roof is a huge no no. By keeping the caregiver system intact it makes it EXTREMELY difficult for the federal government to shut down the program. And that keeps supplies coming into our facilities. As far as wanting to stop patients from growing for themselves, that couldn't be farther from the truth, at least where I work. We're constantly trying to get people to grow for themselves.

 

On the subject of California or Colorado meds being sold, yes, we used to back when we first opened up. But Michigan wasn't producing enough medicinal quality medication to satisfy people's medicinal needs. But, for months now, if not over a year, we have not had out of state medication in our facility. In fact, we've been sending some of it out for testing to provide to our patients results of not only THC levels, but also CBD, CBN, mold and pesticide levels.

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Last Minute Intro for dispensary bill will not suffice. That is Unacceptable! This pertains to all of us.

Everyone needs to see a draft ASAP...

If you really want to see a draft that bad why don't you ask a representative of MACC instead of asking someone that doesn't actually have anything to do with the bill?

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I do not have a copy of it, I have not read it myself, but I do trust the person that did read. That is good enough for me until it gets released. So carryon demanding to see the draft, might suggest also holding your breath as well? Sometimes that gets people to give in. :D

 

Holding my breathe. As you command!

 

As I command:

BLOCK entire Walsh Bill Pkg. To thee very best of your Storm Trooper abilities

pretty please...

 

protect our rights

A

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Can we just drop it? What they have written within their organization is theirs. Period. They are not obligated to reveal it to anyone except those who they can trust to keep it confidential if that is what they want. If you are not on the list, then figure out a way to get on it. Meanwhile we must be careful to keep confidences rather than toss them before, well, anyone unnecessarily.

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We're working on it Abe. I can tell you honestly tho things are not always completely black and white. So many variables and what ifs. If only we knew for sure what the Dem's are willing to do..4851 is a Democrat sponsored bill, can we live with 4851 and fight the others? If 4856 is fixed is it worth fighting? Should we just go all in opposing 4834? What if they put the AD amendment back in the way we wanted it? Of course we can just say we oppose everything, but then we have blown our wad if it does pass and the senate starts monkeying with it...

 

These are all the questions we are asking each other behind the scenes Abe. The good thing out of all this Abe is all of the cannabis groups are communicating and I do believe we will end up with a United response.

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OK So we know that MACC is writing a dispensary bill that's not quite finished yet.

 

Here's a friendly suggestion for MACC:

 

We have heard in the taped sessions of the legislasture that the legislature likes to say they have consulted many sources and they have reached a consensus from the 'greater community'.

 

MACC could post their language here and then be able to truthfully say they ran their idea past 'the greater community of patients' and have found that 'the greater community of patients' thinks this would help them and be a great asset to our state. Otherwise, to say they consulted the community on this would be kind of a stretch. It would be just a bill for MACC, not really for patients. Think 'Inclusive', not 'Exclusive'. We are an inclusive leaning bunch, it's always been that way. Exclusive? That's the other guys...

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Can we just drop it? What they have written within their organization is theirs. Period. They are not obligated to reveal it to anyone except those who they can trust to keep it confidential if that is what they want. If you are not on the list, then figure out a way to get on it. Meanwhile we must be careful to keep confidences rather than toss them before, well, anyone unnecessarily.

So much for unity and getting along. Mutual dialouge. etc. How many people do they represent anyway ?

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OK So we know that MACC is writing a dispensary bill that's not quite finished yet.

 

Here's a friendly suggestion for MACC:

 

We have heard in the taped sessions of the legislasture that the legislature likes to say they have consulted many sources and they have reached a consensus from the 'greater community'.

 

MACC could post their language here and then be able to truthfully say they ran their idea past 'the greater community of patients' and have found that 'the greater community of patients' thinks this would help them and be a great asset to our state. Otherwise, to say they consulted the community on this would be kind of a stretch. It would be just a bill for MACC, not really for patients. Think 'Inclusive', not 'Exclusive'. We are an inclusive leaning bunch, it's always been that way. Exclusive? That's the other guys...

 

 

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it could be JUST ME but I get the feeling that some folks have been drinking the kool-aid from there reps to long.

 

maybe feeling important is nice, but it appears to me if someone shoves their HORN up your butt once they will do it again

 

 

Ya think?

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One way or another it always comes out. Could have been an act of good faith by MACC. Now it's just a bad leak;

MACC Draft Local Control Legislation

 

 

Sec. 1. Definitions.

 

(a) “Dispensary” means an entity located in Michigan that acquires, possesses, cultivates, manufactures, delivers, transfers, and/or transports marihuana and sells, supplies, and/or dispenses marihuana to registered qualifying patients, directly or through their registered primary caregivers. “Dispensary” includes any commercial property where marihuana is sold to qualifying patients and their registered primary caregivers.

 

(b) “Dispensary agent” means a principal officer, board member, employee, operator, or agent of a dispensary who is 21 years of age or older and has not been convicted of an excluded felony offense. Any agent who is a principal officer, board member, or operator must have maintained two years of residency in the State of Michigan.

 

© “Department” means the department of licensing and regulatory affairs or its successor agency.

 

(d) “Excluded felony offense” means a felony involving illegal drugs. It does not include a conviction for activity allowed under state law under the Michigan Medical Marihuana Act or this chapter, even if the activity occurred prior to the enactment of the Michigan Medical Marihuana Act and/or this chapter.

 

(e) “Registered qualifying patient” means a person who:

(1) has been issued a valid qualifying patient registry identification card pursuant to MCL 333.26426 (a) or (b); or

(2) satisfies the criteria listed in MCL 333.26429 (b) or © and possesses the documentation that those sections deem a valid registry identification card.

 

(f) “Registered primary caregiver” means a person who:

(1) is at least 21 years old; and

(2) has agreed to assist with a patient's medical use of marihuana; and

(3) has never been convicted of a felony involving illegal drugs; and

(4) has been issued a valid, unexpired registry identification card pursuant to MCL 333.26426 (d); or

(5) satisfies the criteria listed in MCL 333.26429 (b) or © and possesses the documentation that those sections deem a valid registry identification card.

 

(g) “Safety compliance facility” means an entity that tests marihuana produced for medical use for contaminants and/or potency.

 

(h) “Safety compliance facility agent” means a principal officer, board member, employee, operator, or agent of a safety compliance facility who is 21 years of age or older and has not been convicted of an excluded felony offense. Any agent who is a principal officer, board member, or operator must have maintained two years of residency in the State of Michigan.

 

(i) “Seedling” means a marihuana plant that has no flowers, is less than 12 inches in height, and is less than 12 inches in diameter.

 

(j) “Secure cultivation facility” means a commercial building or location in a commercial building equipped with locks or other security devices to prevent unauthorized entry. A secure cultivation facility must allow access only by:

(1) registered primary caregivers or dispensary agents of the dispensary that controls the secure cultivation facility;

(2) municipal employees performing inspections, if inspections are authorized by municipal law;

(3) emergency personnel while responding to an emergency;

(4) if accompanied by an agent of the dispensary, and by permission or request of the dispensary, members of the media or government officials;

(5) if accompanied by an agent of the dispensary, registered qualifying patients and registered primary caregivers; and

(6) if accompanied by an agent of the dispensary, contractors who are not engaged in the dispensary’s cultivation, distribution, or possession of marihuana.

 

(k) “Usable marihuana” means the completely dried leaves and flowers of the marihuana plant but does not include the seeds, stalks, leaves and roots of the plant. Any cooking mixture or preparation used to prepare marihuana infused ingestible or topical products shall not be included as “usable marihuana” so long as the ingestible or topical product has the amount of actual plant material used in its preparation clearly marked on its packaging.

 

(l) "Visiting qualifying patient" means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days and who possesses a registry identification card, or its equivalent, that was issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by the patient.

 

Sec. 2. Dispensaries and Safety Compliance Facilities Exempt From State Civil and Criminal Penalties.

 

(a) Except as provided in this act, a dispensary that has been granted a municipal registration or license, or that is otherwise allowed by municipal law, and the dispensary’s dispensary agents acting on its behalf shall not be subject to criminal penalties under any state law; state or local prosecution; search or inspection, except for inspections authorized by the municipality that registered or allowed the dispensary; seizure; 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:

(1) purchasing or receiving marihuana seeds from visiting qualifying patients, registered qualifying patients, registered primary caregivers, or dispensaries;

(2) purchasing or receiving marihuana, including seedlings, from one or more other dispensaries if purchasing or receiving marihuana from the dispensary is allowed by the municipality where the dispensary is located;

(3) purchasing or receiving marihuana from registered qualifying patients and/or registered primary caregivers if purchasing or receiving marihuana from registered qualifying patients and registered primary caregivers is allowed by the municipality where the dispensary is located, and if the amount purchased does not exceed the registered qualifying patient or registered primary caregiver’s possession limits;

(4) cultivating or manufacturing marihuana in a secure cultivation facility, except that seedlings need not be in a secure cultivation facility when they are transported;

(5) possessing and/or manufacturing marihuana paraphernalia;

(6) possessing and/or processing marihuana produced by the dispensary or obtained pursuant to Sec. 2(a) (1) or (2) on the dispensary premises, at a secure cultivation facility, or while the marihuana is being transported pursuant to this section;

(7) if allowed under municipal law, transporting marihuana, including seedlings, between the dispensary and another dispensary, the dispensary and a secured cultivation facility, or the dispensary and a safety compliance facility;

(8) transporting or delivering marihuana and/or paraphernalia to the residence of a registered qualifying patient or a registered primary caregiver if delivery is allowed by the municipality or municipalities where the delivery and transportation occurs; or

(9) supplying, selling, dispensing, transferring, or delivering marihuana, paraphernalia, or related supplies and educational materials in accordance with the procedures and limitations detailed in Sec. 3 (l) and (m), except that marihuana may only be transferred from one dispensary to another dispensary if the municipality where the dispensary making the transfer is located allows the transfer of marihuana between dispensaries.

 

(b) Except as provided in this act, a safety compliance facility that has been granted a municipal registration or license, or that is otherwise allowed by municipal law, shall not be subject to criminal penalties under any state law; state or local prosecution; search or inspection, except for inspections authorized by the municipality that registered the safety compliance facility; seizure; 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:

(1) acquiring or possessing marihuana obtained from registered qualifying patients, registered primary caregivers, or dispensaries;

(2) returning the marihuana to the registered qualifying patients, registered primary caregivers, or dispensaries who delivered the marihuana to the safety compliance facility;

(3) transporting marihuana to or from registered qualifying patients, registered primary caregivers, and/or dispensaries;

(4) possessing marihuana on the safety compliance facility’s premises for testing, provided that the marihuana was obtained pursuant to Sec. 2 (b) (1) or (2); and

(5) receiving compensation for actions allowed under state law by this section and municipal law.

 

© A municipality may prohibit the operation of dispensaries and/or safety compliance facilities within the municipality. A dispensary is not exempt from state criminal and civil penalties if it operates in a municipality that prohibits dispensaries. A safety compliance facility is not exempt from state criminal and civil penalties if it operates in a municipality that prohibits safety compliance facilities.

 

(d) If the municipality requires a registration or license for a dispensary or safety compliance facility, the dispensary or safety compliance facility is only exempt from criminal penalties if it holds a license or registration.

 

(e) A municipality may enact an ordinance allowing dispensaries and/or safety compliance facilities under local law. A municipality may issue registrations or licenses to dispensaries and/or safety compliance facilities and may regulate their operations and impose civil or criminal penalties for the violations of the local ordinances.

 

(f) The actions exempt from arrest and criminal penalties by this section are allowed under state law to the extent that they are carried out in accordance with the provisions of this act.

 

(g) All other acts and parts of acts inconsistent with this act, such as the Public Health Code and Vehicle Code, do not apply to activities related to medical marihuana as provided for by this act.

 

Sec. 3 Requirements, Prohibitions, Penalties, and Limitations.

 

(a) Except as explicitly allowed by a municipal ordinance predating the effective date of this act, the following may not be located within 500 feet of the property line of a licensed pre-existing primary or secondary school:

(1) a dispensary;

(2) a secure cultivation facility; and

(3) a safety compliance facility.

 

(b) Each secure cultivation facility must be located on commercial, not residential, property.

 

© A dispensary may not share office space with a physician.

 

(d) Each dispensary location and secure cultivation facility must have a security alarm system enabled whenever dispensary agents are not present.

 

(e) Any marihuana infused products sold, transferred, or dispensed by a dispensary must be labeled with the weight of marihuana contained and with the following text or text substantially similar to it: “WARNING: This product contains marihuana. For qualifying patients’ medical use only.”

 

(f) The sale of marihuana may not be advertised on billboards, television, or radio. The department may develop additional rules restricting advertising for marihuana sales. The rules shall not prevent appropriate signs on the property of the dispensary, websites for the dispensary or registered primary caregiver, listings in business directories including phone books, listings in trade or medical print or online publications, or the sponsorship of health or not-for-profit charity or advocacy events.

 

(g) A dispensary or safety compliance facility shall not knowingly employ an agent with an excluded felony offense or who is under 21 years of age. A dispensary or safety compliance facility must perform a background check on each agent before he or she is offered employment to verify that he or she does not have a conviction for an excluded felony offense.

 

(h) Each dispensary must maintain records listing all agents for the dispensary, along with the date on which they began working for the dispensary, and the date a background check was performed.

 

(i) A dispensary shall not allow on-site consumption of marihuana.

 

(j) A dispensary shall not dispense more than 2.5 ounces of useable marihuana to a registered qualifying patient directly or through his or her primary caregiver.

 

(k) Dispensaries shall ensure compliance with the dispensing limits by maintaining internal, confidential records that include records specifying how much marihuana is being dispensed to the registered qualifying patients and registered primary caregivers and whether it was dispensed directly to the registered qualifying patient or to the primary caregiver. Each entry must include the quantity of marihuana sold and the date and time the marihuana was dispensed. Entries must be maintained for at least 90 days. For any registered qualifying patients in possession of registry identification cards, records must be kept using identification numbers instead of names. Dispensing records shall be subject to reasonable inspection by employees authorized to regulate dispensaries under municipal law to ensure compliance with this chapter, but may be stored off-site.

 

(l) A dispensary agent shall not knowingly dispense, transfer, or sell marihuana to a person knowing that the person is not a registered qualifying patient, registered primary caregiver, or dispensary agent working on behalf of a dispensary that is allowed to operate and obtain marihuana from other dispensaries under municipal law.

 

(m) Before marihuana may be dispensed or sold from a dispensary, a dispensary agent must:

(1) verify that the person requesting marihuana holds what the dispensary agent reasonably believes to be an unexpired primary caregiver or a qualifying patient registry identification card; or

(2) verify that (i) the person requesting marihuana certifies that he or she is a qualifying patient who submitted a valid, complete application for a registered qualifying patient identification card at least 20 days earlier, (ii) the person requesting marihuana certifies that to the best of his or her knowledge, the state has not denied the application or issued a registry identification card, (iii) the person requesting marihuana presents a copy of a completed registered qualifying patient application and proof of receipt of the mailing by the state department that processes medical marihuana applications from at least 20 days prior; or

(3) make a diligent, good faith effort to verify that the person is a dispensary agent for a dispensary that is allowed to operate by a municipality; and

(4) make a diligent, good faith effort to determine that the person named in the registry identification card or other documentation is the person seeking to obtain marihuana, by examining what the dispensary agent reasonably believes to be valid government-issued photo identification.

 

(n) No person who is under 21 years of age or who has been convicted of an excluded felony offense may be a dispensary or safety compliance facility agent.

 

(o) A dispensary agent shall not refer patients to a physician to obtain a written certification for monetary compensation.

 

(p) A physician shall not advertise in a dispensary, or, if the physician issues written certifications, refer patients to a dispensary or registered primary caregiver, or hold any financial interest in or receive any compensation from a dispensary or secure cultivation facility.

 

(q) A dispensary or safety compliance facility agent may not transport or possess marihuana on behalf of the dispensary or safety compliance facility in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless:

(1) the agent possesses a document signed and dated by a manager or operator of the dispensary or safety compliance facility that employs the agent, stating the agent’s name, the date the marihuana will be transported, the approximate amount of marihuana transported, and the name of the dispensary or safety compliance facility where the marihuana is being transported; and

(2) the medical marihuana is one or more of the following:

(i) enclosed in a locked container, such as a safe, briefcase, or other case;

(ii) carried in the trunk of the vehicle; or

(iii) inaccessible from the interior of the vehicle.

 

® Any dispensary that violates subsections Sec. 3 (a) to © is responsible for a civil infraction punishable by a fine of not more than $5,000. Any city or county where the dispensary operates in violation of Sec. 3 (a), (b), or © may file for an injunction to close down the dispensary.

 

(s) The penalty for a violation of subsections Sec. 3 (d) to (k) is a civil infraction punishable by a fine of not more than $1,000, payable by the dispensary.

 

(t) Any person who transfers marihuana in violation of Sec. 3 (l) or (m) or works at a dispensary in violation of Sec. 3 (n) is not exempt from arrest, prosecution, or criminal or other penalties under Sec. 2.

 

(u) Any person who violates Sec. 3 (o) or (p) is guilty of a civil infraction punishable by a fine of not more than $1,000.

 

(u) Any person who violates Sec. 3 (q) is guilty of a misdemeanor and punishable by not more than 30 days in jail and/or a fine of not more than $500.

 

(v) Municipalities are encouraged to establish procedures to suspend or revoke a registration, license, or other permission to operate if a dispensary knowingly or negligently allows marihuana to be dispensed to a person who is not a registered qualified patient or registered primary caregiver or if a dispensary or safety compliance facility commits multiple or serious violations of this act or municipal regulations.

 

(w) Nothing in this law requires the violation of federal law or purports to give immunity under federal law.

 

(x) Nothing in this law poses an obstacle to federal enforcement of federal law. Local units of government are prohibited from using federal law in forming or enforcing any restrictions on the medical use of marijuana.

 

Sec. 4. Qualifying Patient and Primary Caregiver Protections.

 

(a) Except as provided in this act, a visiting qualifying patient, registered qualifying patient, or registered primary caregiver shall not be subject to criminal penalties under any state law; state or local prosecution; search or inspection; seizure; 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 supplying, selling, transferring, or delivering marihuana seeds to a dispensary that is registered, licensed, or otherwise allowed by the municipality in which it operates.

 

(b) Except as provided in this act, a registered qualifying patient shall not be subject to criminal penalties under any state law; state or local prosecution; search or inspection; seizure; 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:

(1) purchasing or acquiring not more than 2.5 ounces of usable marihuana from a dispensary; and/or

(2) supplying, selling, transferring, or delivering marihuana to a dispensary that is registered, licensed, or otherwise allowed by the municipality in which it operates if:

(i) the marihuana was produced by the registered qualifying patient or registered primary caregiver;

(ii) the municipality in which the dispensary operates allows the transfer of marihuana from a registered qualifying patient to a dispensary; and

(iii) the amount of marihuana transferred does not exceed the amount of marihuana the registered qualifying patient is allowed to possess.

 

© Except as provided in this act, a registered primary caregiver shall not be subject to criminal penalties under any state law; state or local prosecution; search or inspection; seizure; 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:

(1) purchasing or acquiring from dispensaries not more than 2.5 ounces of usable marihuana per registered qualifying patient that has designated the registered primary caregiver on his or her application to the state department administering the medical marihuana program; and/ or

(2) supplying, selling, transferring, or delivering marihuana to a dispensary that is registered, licensed, or otherwise allowed by the municipality in which it operates if:

(i) the marihuana was produced by the registered primary caregiver and was excess marihuana above the amount necessary to satisfy the registered qualifying patients the primary caregiver was designated to serve; and

(ii) the municipality in which the dispensary operates allows the transfer of marihuana from a registered primary caregiver to a dispensary; and

(iii) the amount of marihuana transferred does not exceed the amount of marihuana the registered primary caregiver is allowed to possess.

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"Secure cultivation facility” means a commercial building or location in a commercial building equipped with locks or other security devices to prevent unauthorized entry"

So do I lose my grow rights in my private facility?

Seems sogrowl.gif

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I think that bill is from MPP that blueberry supported I may be wrong but it looks the same

Right. I have been told that it is very close to what they have now, from someone who has seen the actual draft. Maybe you can point out the differences? Maybe MACC can? Otherwise, we have to make educated guesses to get to the truth.

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That is the MPP bill that was posted on here and approved by blueberry six months ago. Ill see if I can find the original post.

 

Restorium I am very surprised you would take Joes word on that being a fresh copy!

Nope. I was told by someone who saw MACC's draft that it is very similar. And it was not blueberry.

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Seems like it isn't all bad. Sell, sell, sell just kept jumping out at me since this has been a huge one with so many cases in court. It will be legal for both patients and caregivers to sell to the dispensaries and then of course they can sell to registered p/c. Would be nice if it was more lenient to allow a patient or caregiver to sell to anyone that is registered but it is more geared toward setting parameters for the dispensaries. Course this will probably be picked apart.

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OK So we know that MACC is writing a dispensary bill that's not quite finished yet.

 

Here's a friendly suggestion for MACC:

 

We have heard in the taped sessions of the legislasture that the legislature likes to say they have consulted many sources and they have reached a consensus from the 'greater community'.

 

MACC could post their language here and then be able to truthfully say they ran their idea past 'the greater community of patients' and have found that 'the greater community of patients' thinks this would help them and be a great asset to our state. Otherwise, to say they consulted the community on this would be kind of a stretch. It would be just a bill for MACC, not really for patients. Think 'Inclusive', not 'Exclusive'. We are an inclusive leaning bunch, it's always been that way. Exclusive? That's the other guys...

i think this is right

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"Secure cultivation facility” means a commercial building or location in a commercial building equipped with locks or other security devices to prevent unauthorized entry"

So do I lose my grow rights in my private facility?

Seems sogrowl.gif

i would say so and i think that is what lansing wants also

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