Hear Ye Hear Ye!

Fat Freddy · April 15, 2012

Know this all of ye dispensary supporters

You may not have seen the proposed bill being reviewed on the 17th. Most likely this posting will get me banned but it is of little concern to me.

After the U.S. Constitution gives me the right of freedom of speech! Know this:

I shall stand in opposition to all dispensary bills that infringe on my right to cultivate on my private property within the the confines of the mmm law.

Mike as an attorney you of all ppl should be aware that I have the right to use my private property as I see fit. It's called freedom to pursue happiness!

Read this before you pull my chain.This Bill will be a disaster for not only patients and caregivers but also for mom/pop dispensaries. This Bill would turn over the regulation of medical marijuana to localities. It would allow localities to decide whether patents/caregivers would be allowed to distribute marijuana. What I have heard from my contacts is there would be an elimination of (4)(e) that would eliminate a caregivers ability to transfer to anyone but their patients. So large areas the state would be off limits for transfers. In areas where dispensaries exist they would have an effective monopoly so they could pay caregivers whatever. They have shut all other groups except CPU out of the process. Members of CPU would be granted the right to operate the grows. Their problem is they will all be dealt out in the end.

The problem for patients and caregivers our rights will be destroyed next Tuesday, because they hurt our efforts to organize a protest every since we announced. I've never seen anything like this. It's all uncharted ground. I hope to see you on the 17th. Thanks,

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.

(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 indigestible 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;

( here is where they herd you to get your plants from them and then use their secured cultivation facility, most likely at a price most of us can not afford )

(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:

(2) a secure cultivation facility; and

(3) a safety compliance facility.

(b) Each secure cultivation facility must be located on commercial, not residential, property. ( Note: This is where you the patient or caregiver is cut out of the program )

(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.

( Note: This clause effeminate's the patients/caregivers right to privacy. )

(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.

With every step God gives me to take and every breath I will oppose this!! Ask your self why have you not seen this sooner.The patients have been betrayed, and if the dispensaries think they will get into a position to fleece me THINK AGAIN!!!!

Restorium2 · April 15, 2012

FF,

Slow down and join us over on the MACC thread, they are the dispensary advocates, not CPU. This has been posted twice already over there. We can learn about this bill together without screaming FIRE.

Marijuana Ranch · April 15, 2012

420Peace Fat Freddy,

Dispensarys R like Disney World...

If your gonna go bring your wallet.

But U can still have fun at Home and save the $...

Over Grow the Price!

Medcnman · April 15, 2012

Im OK with your post. Medcnman.

Restorium2 · April 15, 2012

Im OK with your post. Medcnman.

Staff,

You are alright with someone cutting down a group with information we have already learned is false by logical thinking and honest testimomy from the groups involved? This is a step backwards at a time when it is important to move forward.

NotKidRock · April 15, 2012

Know this all of ye dispensary supporters You may not have seen the proposed bill being reviewed on the 17th. Most likely this posting will get me banned but it is of little concern to me. After the U.S. Constitution gives me the right of freedom of speech! Know this: I shall stand in opposition to all dispensary bills that infringe on my right to cultivate on my private property within the the confines of the mmm law. Mike as an attorney you of all ppl should be aware that I have the right to use my private property as I see fit. It's called freedom to pursue happiness! Read this before you pull my chain.

This Bill will be a disaster for not only patients and caregivers but also for mom/pop dispensaries. This Bill would turn over the regulation of medical marijuana to localities. It would allow localities to decide whether patents/caregivers would be allowed to distribute marijuana. What I have heard from my contacts is there would be an elimination of (4)(e) that would eliminate a caregivers ability to transfer to anyone but their patients. So large areas the state would be off limits for transfers. In areas where dispensaries exist they would have an effective monopoly so they could pay caregivers whatever. They have shut all other groups except CPU out of the process. Members of CPU would be granted the right to operate the grows. Their problem is they will all be dealt out in the end. The problem for patients and caregivers our rights will be destroyed next Tuesday, because they hurt our efforts to organize a protest every since we announced. I've never seen anything like this. It's all uncharted ground. I hope to see you on the 17th. Thanks, Bb 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.

With every step God gives me to take and every breath I will oppose this!!

The patients have been betrayed, and if the dispensaries think they will get into a position to fleece me THINK AGAIN!!!!

NotKidRock · April 15, 2012

Delete

NotKidRock · April 15, 2012

Double post. delete

cristinew · April 15, 2012

since its ok,. you might as well say blueberry made that post and the lies already have been proven, blueberry lies.

Now if people want farmers markets and dispensaries , talk to the legislature and make it happen Just make sure its safe for the patents, and does not harm the act,

Medcnman · April 15, 2012

Staff,

You are alright with someone cutting down a group with information we have already learned is false by logical thinking and honest testimomy from the groups involved? This is a step backwards at a time when it is important to move forward.

No. I am OK with his right to free speach. I am OK with his thoughts on the subject. And Im OK with him being a member of this site. This is not a dictatorship. If he wants to express his opinion, its not my duty to censor him. My job as a mod is to moderate the site. Make sure there are no phone numbers or other private information shared that should be kept confidential. How quickly you forget that i am not only a mod, but i am a patient and caregiver that also has a voice. I have the same right to my opinion as any other member in this forum. Medcnman.

Restorium2 · April 15, 2012

No. I am OK with his right to free speach. I am OK with his thoughts on the subject. And Im OK with him being a member of this site. This is not a dictatorship. If he wants to express his opinion, its not my duty to censor him. My job as a mod is to moderate the site. Make sure there are no phone numbers or other private information shared that should be kept confidential. How quickly you forget that i am not only a mod, but i am a patient and caregiver that also has a voice. I have the same right to my opinion as any other member in this forum. Medcnman.

Do what you wish to as a patient by all means. But when a post comes out that is obviously spam with hate included, misinformed hateful speech, and as a staff member, you say you are all right with it, that is an endorsement. Maybe put a disclaimer up next time you jump on board with this hateful spam when you like it as a patient. Just a suggestion.

cristinew · April 15, 2012

an opinion is fine, slander is not,

Medcnman · April 15, 2012

Do what you wish to as a patient by all means. But when a post comes out that is obviously spam with hate included, misinformed hateful speech, and as a staff member, you say you are all right with it, that is an endorsement. Maybe put a disclaimer up next time you jump on board with this hateful spam when you like it as a patient. Just a suggestion.

I dont think i have "endorsed" anything. In his post it said "ban me if you want". I was refering to not banning him because I am OK with him stating his opinion. As far as what I say, I have the same right as anyone to speak my mind. I will not be stifled just because i'm a mod. Dont jump down my throat because I am Ok with his opinion that you feel is spam. Its your opinion. Medcnman.

Restorium2 · April 15, 2012

I dont think i have "endorsed" anything. In his post it said "ban me if you want". I was refering to not banning him because I am OK with him stating his opinion. As far as what I say, I have the same right as anyone to speak my mind. I will not be stifled just because i'm a mod. Dont jump down my throat because I am Ok with his opinion that you feel is spam. Its your opinion. Medcnman.

Fair enough, that's a decent disclaimer right there. Thanks. Sorry if you thought I jumped down your throat. I thought I was very mild. All I offered was gentle suggestions to help us move forward together as a dividing thread is afoot.

Celliach · April 15, 2012

As far as what I say, I have the same right as anyone to speak my mind. I will not be stifled just because i'm a mod.

As a mod, and an admin on another site, I whole-heartedly disagree with that statement. Even if your work here is voluntary, you are still representing the 3MA. You shouldn't be saying anything as a mod that goes against 3MA policy.....period.

I have held my posts several times because I'm a mod. It's the right thing to do. that's what makes a good mod. Someone that can rise above their own opinions and treat everyone fair.

phaquetoo · April 15, 2012

Staff,

You are alright with someone cutting down a group with information we have already learned is false by logical thinking and honest testimomy from the groups involved? This is a step backwards at a time when it is important to move forward.

oh boy, and I just made a promise to all! my lips are zippped and not becuase of you rest. but for ff! or jc? :rolleyes:

Peace

Jim

CGorganic · April 15, 2012

Can't read that "wall-o-text" anyways.

Medcnman · April 15, 2012

As a mod, and an admin on another site, I whole-heartedly disagree with that statement. Even if your work here is voluntary, you are still representing the 3MA. You shouldn't be saying anything as a mod that goes against 3MA policy.....period.

I have held my posts several times because I'm a mod. It's the right thing to do. that's what makes a good mod. Someone that can rise above their own opinions and treat everyone fair.

You have your opinion. I have mine. They are obviously different. Medcnman.

cristinew · April 15, 2012

Just so you all know Slander is not an Opinion,, It may be an opinion to fat Freddy but the man who wrote that knows it is slander. slander is not free speech, damages can be filed and won in the courts .

Fat Freddy · April 15, 2012

Do what you wish to as a patient by all means. But when a post comes out that is obviously spam with hate included, misinformed hateful speech, and as a staff member, you say you are all right with it, that is an endorsement. Maybe put a disclaimer up next time you jump on board with this hateful spam when you like it as a patient. Just a suggestion.

Hey I am all for being informed. Show me the truth oh wise one. :/ Filled with hate, where? Yes I am upset when it comes to my right to use my property as I see fit with in the law.

Sry I did not know that this had been posted. did not mean to spam. Sorry.

Medcnman · April 15, 2012

Just so you all know Slander is not an Opinion,, It may be an opinion to fat Freddy but the man who wrote that knows it is slander. slander is not free speech, damages can be filed and won in the courts .

Ive read his original post a couple times. I must be missing the slander part. Can you find it for me? All I saw was an opinion and what seems to be a proposal. Medcnman.

AKenewell · April 15, 2012

As a member and a mod I vote to close this thread..I agree it's not factual, and I do not think it is helpful to the community at all.

Celliach · April 15, 2012

OK, AK. I'm with you.

LongHairBri · April 15, 2012

it's a new, crap-free day. I'm flushing this turd of a thread

AKenewell · April 15, 2012

it's a new, crap-free day. I'm flushing this turd of a thread

Thank you!

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