The commercial marijuana part of LARA, the BMMR, is looking to sanction caregivers selling to dispensaries for the entire 2019 year. They are presenting it to the licensing board next week, 12/7. The question that comes up is are we protected?
1st there is the basic question that case law says I can not sell to anyone other than my patient and LARA issuing a ruling does not seem to negate the law
2nd, how much can I sell ? Can I only sell 2.5z per patient/transaction? If yes, can I transport the excess weight without being charged?
3 can I save up all these sales dollars and use them as my liquid cash to apply for a grow license?
Here is the recent story on this issue...
Medical marijuana shortage pushes officials to consider breaking their own rules
Updated Nov 29, 4:43 PM; Posted Nov 29, 12:56 PM 7 Gallery: First medical marijuana retail sale in Michigan
24 1.3kshares By Amy Biolchini
Michigan officials are proposing a solution to a shortage of medical marijuana in the newly licensed industry -- but some lawyers say it's an ironic suggestion that could land caregivers in jail.
To keep shelves stocked at licensed medical marijuana shops, state regulators are asking the Medical Marihuana Licensing Board to look the other way if the shop is buying marijuana from caregivers. Right now, licensed retail stores could be fined or lose their license for such activities.
"It's an agreement to not take licensing action for certain activities," said Andrew Brisbo, director of the Bureau of Medical Marihuana Regulation. "It's not an authorization for anything outside of that."
The board will consider the resolution at its next meeting Dec. 7.
But lawyers representing provisioning centers find hypocrisy in the request.
"It's ironic that so many of these caregivers have been punished or felonized for this activity," said Josh Colton, a lawyer with Komorn Law. "Now the government is turning around and telling caregivers that they are needed."
During the past year, state regulators have agreed to not go after dispensaries who sell marijuana grown by caregivers.
It's the reason nearly 100 dispensaries have been allowed to operate in Michigan unlicensed, and the source of a constantly changing deadline for compliance. There currently is no deadline.
Unlicensed pot shops won't be shut down this year
State regulators agreed to not take enforcement action before Dec. 31.
The stance by the Department of Licensing and Regulatory Affairs has allowed caregivers to continue to sell to dispensaries -- at their own risk.
"That's the irony: the state didn't acknowledge where the product was coming from," said Thomas Nafso, an attorney who represents three Detroit provisioning centers owned by Green Skies. "There is nothing in the law that permits the caregivers to deliver to the dispensaries."
A court case established that caregivers in Michigan could only sell marijuana to five registered patients with whom they have a relationship. There is no provision in state law that allows caregivers to sell to businesses.
Michael Komorn, a criminal defense attorney and president of the Michigan Medical Marijuana Association, said he has caregivers as clients who have felony criminal cases pending for possession with intent to deliver.
"I have had many cases over the last eight years that alleged felony marijuana crimes for behavior that LARA just codified as a part of their system," Komorn said. "The takeaway it would suggest is that it has been realized now by the state that they need caregivers for the state's medical marijuana program to work. They may not want to admit it, but this last play by LARA seals it."
That practice was supposed to end once a provisioning center gained a state license and switched over to sourcing its medical marijuana from a licensed grower.
The state has been issuing licenses since July; so far 40 provisioning centers and 12 growers are among the 67 licenses issued. There still is not enough medical marijuana from licensed growers to go around.
See where medical marijuana shops are licensed in Michigan
Forty provisioning centers are licensed, but some shops say there's no medical marijuana to sell.
The Bureau of Medical Marihuana Regulation is now proposing that caregivers could continue to provide medical marijuana to licensed provisioning centers without fear of retribution from the licensing board.
"As we move forward with the transition to the regulated market there were certainly concerns that arose with continued access of product," Brisbo said.
There are 43,056 caregivers in Michigan, and 297,515 patients.
Brisbo said the intent of the resolution has been communicated with law enforcement partners.
Specifically, the proposed resolution would allow a licensed provisioning center to stock up on marijuana and marijuana products from caregivers until Dec. 31 -- and could continue to sell it after Jan. 1, 2019, as long as it has been tested and entered into the state's tracking system.
Colton said he's skeptical as to whether the proposed resolution from LARA would be effective in the long term.
"It's still, in my opinion, a short-term solution to a much longer-term problem," Colton said. "This is certainly much-needed relief and would certainly allow patients to get the same medicine that they have had under the past 10 years through Dec. 31."
Colton added: "I would be remiss to think this is the last extension."
-- Amy Biolchini is the marijuana beat reporter for MLive. Contact her with questions, tips or comments at email@example.com.
Read more from MLive about medical marijuana.
By Guest Josh_Colton
Well this is interesting. So imagine where this is headed, politics aside. This is going to make this a more efficient and streamlined process. Less transport company involvement.
Co-Location of Medical Marihuana Facilities Operation of grower, processor, and/or provisioning center facilities at the same location The purpose of this bulletin is to advise the public and potential medical marihuana licensees of the Bureau of Medical Marihuana Regulation’s intention to allow for the operation of licensed grower, processor, and/or provisioning center facilities at the same location. This bulletin is only for advisory purposes and is subject to change. A potential licensee may apply for and be granted a license to operate as a grower, processor, and/or provisioning center. It is the Bureau’s intention that growers, processors, and provisioning centers may operate at the same location under the following conditions: Each licensed entity remains distinct and separate within different working areas. Each licensed entity has separate entrances and exits, point of sale operations (if applicable), and record keeping systems. The municipality in which the facility is located does not prohibit co-location of facilities through its local ordinance or zoning regulations. Each licensed entity is compliant with local and state public health standards and building inspection and fire safety regulations. Each entity’s license is posted on the wall in its distinct working area. The Department has authorized the licensees to operate at the same location. Other considerations regarding co-location of facilities: Additional inspections and/or permits may be required for licensed entities operating at the same location. Each grower, processor, and provisioning center requires its own separate application, regulatory assessment, and license.
Washington and Colorado -- The first two states to legalize recreational marijuana have collectively raked in at least $200 million in marijuana tax revenue, according to the latest tax data -- and they're putting those dollars to good use.
In Colorado, after about a year and a half of legal recreational marijuana sales, the state has collected more than $117 million in excise taxes from both the recreational and medical marijuana markets, according to the most recent data from the Colorado Department of Revenue.
Washington, D.C. -- Even as support for ending marijuana prohibition is building around the country, Congress and the Obama administration remain far too timid about the need for change.
Last year, residents in Alaska, Oregon and the District of Columbia voted to join Colorado and Washington State in making recreational use of marijuana legal. Later this year, residents of Ohio are expected to vote on a ballot measure that would legalize it. Nevadans will vote on a legalization proposal next year. And Californians could vote on several similar measures next year.
USA -- In the past few years, the U.S. has been steadily growing support for marijuana reform. From the presidential candidates to the general public, this progressive attitude has become a hot topic for debate, and as an election year approaches, everyone—from governors to legislators to those who would be president—seems to have an opinion on the issue. Presidential Candidates