It Is Time To Legalize And Regulate Dispensaries In Michigan

[bobandtorey]

The Boston Globe just ran a profile on three people who are planning on applying for the first medical marijuana licenses in the state of Massachusetts. The article takes pains to emphasize how Jonathan Napoli, Eric Germaine, and Catherine Cametti are normal, upstanding entrepreneurs. It seems silly to applaud such bourgeois legitimization, but dispensaries are at such a point in the national discourse that such lionization seems to be necessary. Here’s some truth, though: medical marijuana patients and caregivers come from a range of backgrounds. Patients and caregivers are lawyers and medical personnel, construction workers, farmers, and business-types. And with the expansion of medical marijuana laws, is it any wonder that people are contemplating ways to utilize whatever skills they have?

As per the Globe article, Massachusetts requires $500,000 to apply for a dispensary license. Michigan already has its fair share of dispensaries, though illegal under current law. In Michigan’s current economic climate, there should be no reason to deny new businesses the chance to pay state fees and municipal taxes. And in fact there is a bill in the House to legalize and regulate on a city-by-city basis, sponsored by the Republican representative from the 87th district, Mike Callton. Its status has not changed since February.

The necessity for dispensaries is hard to overstate. While the laws on the books lay claim to some fairness, in practice that is less the case. It is hardly fair to expect a cancer or MS patient to be responsible for the growth and curing of their own medication, and short-sighted to expect that every patient has a green-thumbed person in their life who is also willing to accept the legal risk, however small, that comes with cultivation of marijuana. It seems even more absurd that the state expects there to be one medical marijuana expert per five patients.

Now, at first glance I am not supported by the raw numbers. According to LARA’s Medical Marijuana website, as of the end of May there were 128,441 registered patients and 26,875 caregivers — about 1,200 more caregivers than the perfect five-to-one ratio. While there is no information on the average number of patients per caregiver, it is clearly less than five. Of the caregivers I have spoken to personally, many have only one or two.

This isn’t growing tomatoes or even marijuana for recreational purposes. This is marijuana-as-medicine, which puts it in a completely different category of cultivation. I can grow oregano in a window pot, but I would not trust myself to differentiate between strains that alleviate MS symptoms and strains that relieve chronic pain. Even under that category, the medication used for migraines has different qualities than that used for back pain. I could go on.

Legitimate dispensaries employ experts as budtenders. Arrive with certification, ID, and a list of symptoms, and they can inform any patient on the kind of medication that will best treat those symptoms. Your average windowsill grower isn’t necessarily going to know much about cannabinoids other than THC, not to mention how to breed strains that are CBG-heavy for their glaucoma patient. Dispensaries can be a source of education for caregivers interested in giving their patients the most effective medication that they possibly can. In other states, dispensaries sell clones of the most effective medication for a patient’s needs. For a caregiver or patient just starting out, what other recourse do they have? To somehow acquire seeds, and hope they’re the right ones, hope they grow – hope all sorts of things. Dispensaries solidify and simplify matters for patients and caregivers alike.

Even legal dispensaries can be fraught with difficulties. They are not, for example, eligible for the standard IRS business deductions. They are always under the DEA’s Damoclean sword. President Obama has spent $289 million on cracking down on medical marijuana in states where it has been legalized. And yet, the protection of state law is enough to set many would-be medical marijuana entrepreneurs at their ease, as we read in the Globe article. By not allowing dispensaries on a state level, we do a great disservice to patients.

 

http://www.theweedblog.com/it-is-time-to-legalize-and-regulate-dispensaries-in-michigan/

[cristinew]

Massachusetts  you cannot grow if you live near them,,

[Hayduke]

hardly objective journalism....

 

this is more like a publicity piece sponsored by those that want dispensaries....

 

and it is anonymous at that.... wonder why that is?

 

garbage in, garbage out....

 

all in support of a bill that very likely is already D.O.A.

[+Malamute]

Massachusetts  you cannot grow if you live near them,,

 

It's alittle more tangled than that in Massachusetts with the possibility of a hardship license, grow locations at patients residence if allowed, open for 24 hour inspection at all growsany time of day; caregivers are not allowed to be compensated for their time,  etc etc.

 

I wish all people involved with mmj would take the time to actually read the laws of all the states and understand the positives and negatives of each.  I think people would appreciate Michigans law a lot more. :-)  Just because Colorado is doing good patients can still only have 6 plants instead of 12 like Michigan.  2 oz instead of 2.5 oz. Several other things. Anyhow... here is what it takes to get a hardship license in Massachusetts:

RMD= Registered Marijuana Dispensary

 

725.035: Hardship Cultivation Registration

(A)A qualifying patient registered with the Department pursuant 105 CMR 725.015 may apply for a hardship cultivation registration if such patient can demonstrate that his or her access to a RMD is limited by:

(1) Verified financial hardship; or

(2) Physical incapacity to access reasonable transportation, as demonstrated by an inability to use public transportation or drive oneself, lack of a personal caregiver with a reliable source of transportation, and lack of a RMD that will deliver marijuana to the patient’s or personal caregiver’s primary address; or

(3) Lack of a RMD within a reasonable distance of the patient’s residence and lack of a RMD that will deliver marijuana to the patient’s or personal caregiver’s primary address

 

(B) To obtain a hardship cultivation registration, a registered qualifying patient shall, in a form and manner determined by the Department, submit the following:

(1) A non-refundable registration fee, unless waived pursuant to 105 CMR 725.015(A)(7);

(2) Information supporting a claim that access is limited due to one or more of the circumstances listed in 105 CMR 725.035(A);

(3) An explanation including lack of feasible alternatives to mitigate the limitation claimed under 105 CMR 725.035(A);

(4) A description and address of the single location that shall be used for the cultivation of marijuana, which shall be either the registered qualifying patient’s or one personal caregiver’s primary residence;

(5) A written explanation of how the qualifying patient will cultivate marijuana in accordance with the requirements of 105 CMR 725.035;

(6) A description of the device or system that will be used to ensure security and prevent diversion of the marijuana plants being cultivated;

(7) Written acknowledgement of the limitations on his or her authorization to cultivate, possess, and use marijuana for medical purposes in the Commonwealth; and

(8) Any other information required by the Department.

 

© The Department shall review and approve or deny an application for a hardship cultivation registration within 30 calendar days of receipt of a completed application.

 

(D)A registered qualifying patient with a hardship cultivation registration, or his or her personal caregiver(s), may cultivate only at the location specified in the application approved by the Department.

 

(E) At any given location, cultivation may occur pursuant to only one hardship cultivation registration, absent proof that more than one registered qualifying patient resides at the location.

 

(F) A hardship cultivation registration will be valid for one year from the date of issue, and may be renewed, in a form and manner determined by the Department, on an annual basis by meeting the requirements in 105 CMR 725.035(B).

 

(G)A hardship cultivation registration shall allow the registered qualifying patient or his or her personal caregiver(s) to cultivate a limited number of plants sufficient to maintain a 60-day supply of marijuana solely for that patient’s use, or as further specified by the Department.

 

(H)Cultivation and storage of marijuana shall be in an enclosed, locked area accessible only to the registered qualifying patient or his or her personal caregiver(s), subject to 105 CMR 725.650. Marijuana shall not be visible from the street or other public areas.

 

(I) A registered qualifying patient or his or her personal caregiver(s) cultivating marijuana pursuant to a hardship cultivation registration shall adhere to industry best practices in the cultivation of marijuana plants and storage of finished product, and any standards specified by the Department.

 

(J) A registered qualifying patient and his or her personal caregiver(s) is prohibited from selling, bartering, giving away or distributing in any manner marijuana or paraphernalia.

 

(K)The Department may inspect the cultivation site of a registered qualifying patient with a hardship cultivation registration, or the cultivation site of his or her personal caregiver(s), at any time. Acceptance of a hardship cultivation registration by a registered qualifying patient constitutes consent for such inspection of the cultivation site.

 

(L) A registered qualifying patient who received written certification of a debilitating medical condition from a physician prior to enactment of 105 CMR 725.000, or prior to the Department accepting applications for hardship cultivation registration, and who used that written certification as a limited cultivation registration, must apply for a hardship cultivation registration according to the procedures set out in

105 CMR 725.035(B) no later than January 1, 2014, if he or she intends to continue to cultivate marijuana; however the initial limited cultivation registration will remain valid until the application for the hardship cultivation registration card is approved or denied by the Department.

 

(M) After obtaining a hardship cultivation registration, a registered qualifying patient is responsible for notifying the Department, in a form and manner determined by the Department, within five business days after any change to the information that he or she or his or her personal caregiver(s) was previously required to submit to the Department.

 

(N) A registered qualifying patient with a hardship cultivation registration, or his or her personal caregiver(s) if applicable, must have the registration available at the site of cultivation. Such registration must be made available upon request of the Department or other government agency acting within their lawful authority.

 

(O) A registered qualifying patient with a hardship cultivation registration, or his or her personal caregiver(s) if applicable, is prohibited from purchasing marijuana from a RMD, provided however that such individuals may purchase seeds.

 

 Take a minute and read that and decide if ya think Michigan is better. :-)  And that is actually one of the better laws passed since we passed our law in Michigan.

[solabeirtan]

Window pots,  ehh? Again with the disparaging comments on our costly and extensive  efforts to provide our product: Medicinal Cannabis to the Registered Patients. 

 

I like the one about the Certified Bud Tender, too.  Yes you too can have a lucrative career as a Certified  Specialist with BS about anything. Esp. 'Marijuana'!

[t-pain]

Bud Tenders are snake oil salesmen.

Say anything to sell.

[bobandtorey]

A qualifying patient registered with the Department pursuant 105 CMR 725.015 may apply for a hardship cultivation registration if such patient can demonstrate that his or her access to a RMD is limited by

 

this one should be easy

 

 

(1) Verified financial hardship 

 

Don't get me wrong i  think we have  one of the best Law's in the U.S i have said that from day one even when i was in court for over 4 years i told everyone that

because the Courts would had not been fighting and spending that kind of $$ (money)  on just two Patients it was and has always been about a Sec 8 hearing and a jury to be seated IMHO (Oakland County) 

[motorcitymeds]

Massachusetts  you cannot grow if you live near them,,

Not bveing able to grow if you llive near a retail dispensary is BS.  and our law should not be changed for the greed of a few. 

 

and as for that 500k license fee..WTF is that ...HOLY Crap...that is more than a liquer license in most parts of our own state to dispense booze.

[greenleaf]

Does that make bud snake oil?

 

[solabeirtan]

Does that make bud snake oil?

Is that better than "Marihuana" ? Pot ? Dope ?  Certainly not much worse!

[grateful411]

Dispensaries are needed for patients. What is a patient suposed to do to find meds reliably. Caregivers as a single person and a single grow are not reliable all the time also in some part of the state it is very difficult to find a CG, not to mention one with a selection of meds. I am in search of a caregiver near sturgis, I have posted in the classifieds on this site with no response yet. When a patient gets their card in the mail they should be able to get meds legally immediately without knowing a CG.

[Celliach]

Caregiver networks and farmers markets can supply patients without dispensaries, and both can do it without charging storefront overhead costs.....just saying.  Of course farmers markets are currently illegal too, according to the MSC.

[Celliach]

Maybe you need to network with people in your area to start a CG network?

[grateful411]

I cannot grow for my self, I don't know any CG or PT in my area, so what do I do? A patient needs to medicate not network, this is a medication not a drug. Finding a caregiver seems a little like finding a dealer to me.

[grateful411]

Where are these farmer markets at?

[grateful411]

Cell, those are illegal options, I want to be legal.

[Celliach]

The law is what it is.  Try holding a meeting in a public place, like a library.  Advertise it in the local papers.  Make sure you note that medicine is NOT transferred at these meetings, they are strictly for people to meet each other.  It's a perfectly legal option and one that works.  I know for a fact it works because that's what we did here in my part of the state.  We've helped over 300 people in a county with only 27,000 residents and just over 370 registered patients.

[grateful411]

That is a good suggestion, I wish you were in my county, I just don't have the time right now. I am just a little upset, as I have not had meds for a week, and will have none until I find a caregiver, however long that takes. I've even been replying to posts on craigslist about overages, with no luck. Thanks for the suggestion.

[Celliach]

You can always drive to the nearest dispensary.  It might be a long drive, but you can do it.  You do realize that you can acquire from anyone legally, right?  YOU are protected by the law in any transaction.  The person transferring it to you isn't protected if they aren't your registered caregiver, but you are.

[grateful411]

I have a problem asking someone to do something illegal even tho they are ok with it. Is their any dispensaries in the state that will sell to you that day because they are so far away.

[Celliach]

I believe they all will if you have a card or the proper paperwork.  I don't usually recommend people go to one and have never been in one downstate, so I don't really know what you have to go through.  Maybe you should give them a phone call first and find out.

[motorcitymeds]

I believe they all will if you have a card or the proper paperwork.  I don't usually recommend people go to one and have never been in one downstate, so I don't really know what you have to go through.  Maybe you should give them a phone call first and find out.

A new poop med store just opened on schoenerr and 8 mile right at the intersection of 8 mile rd and schoenerr inside the Detroit city limit.

 

There is one off 8 mile and van dyke that is busy as fux all day selling poop meds.  I laugh at how desperate people must be to shop at these store that I would say have at best outdoor shipped from Cali and buds grown by mostly amatuers locally.

 

But he be sure to try the "fire line" at helping hands off van dyke and 8 mile.  LOL...!!!

Edited July 1, 2013 by motorcitymeds

[grateful411]

You shouldn't laugh at patients in need, that's just wrong!

[Celliach]

A new poop med store just opened on schoenerr and 8 mile right at the intersection of 8 mile rd and schoenerr inside the Detroit city limit.

 

There is one off 8 mile and van dyke that is busy as fux all day selling poop meds.  I laugh at how desperate people must be to shop at these store that I would say have at best outdoor shipped from Cali and buds grown by mostly amatuers locally.

 

But he be sure to try the "fire line" at helping hands off van dyke and 8 mile.  LOL...!!!

 

Are you a CG then that can help this person?  Wouldn't it be better to help people than laugh at them?

[motorcitymeds]

You shouldn't laugh at patients in need, that's just wrong!

yes your right but people always have options and dispensaries that sell inflated poop get no respect from me. 

 

 

If they were selling meds that were TRUE A Organic grade then I will gladly shut my mouth.