Are Medical Marijuana Dispensaries Coming To Your Community?

[bobandtorey]

The Michigan Medical Marijuana Act has been the topic of numerous lawsuits and the cause of seemingly endless confusion about what it does and does not allow.

From a municipal perspective, one of the initial points of confusion was whether the MMMA allows the operation of a medical marijuana “dispensary” or “cooperative.” These terms refer, generally speaking, to a commercial facility where (a) any number of registered patients could purchase marijuana for medical purposes from one or more registered caregivers operating out of a single commercial business, or (b) any number of registered patients/caregivers could buy and sell marijuana from each other on a cooperative basis, out of a single commercial operation.

Round 1

Many of these types of dispensary or cooperative operations sprouted up throughout the state in the immediate wake of the MMMA having been approved by voter initiative in 2008. The legal community disagreed about whether they were legal. In 2013, however, the Michigan Supreme Court ultimately clarified, in State v McQueen, that these types of operations are not permitted by the MMMA. The Supreme Court held that, under the MMMA, a registered caregiver may transfer marijuana for medical purposes to not more than the five registered patients to whom the caregiver is connected, in a caregiver-patient relationship, under the state’s registration system. This effectively made dispensaries non-viable as a commercial venture. The Supreme Court further held that the MMMA does not permit patient-to-patient transfers of marijuana, thus prohibiting cooperatives.

All of this may change, however, under a bill that is being considered by the Michigan legislature.

Round 2

On Dec. 12, the House passed, by a margin of 95 to 14, House Bill 4271, which would enact the “Medical Marijuana Provisioning Center Regulation Act.” In simple terms, this proposed new law, if adopted, would permit operations that would be similar to the medical marijuana dispensary or cooperative operations (deemed a “medical marijuana provisioning center” in the bill) that were prohibited by the McQueen decision. The bill provides, however, that a medical marijuana provisioning center may be prohibited by local ordinance. Or, if they are not prohibited by local ordinance, they may nonetheless be regulated/licensed by local ordinance.

In its approving vote for HB 4271, the House approved the bill for immediate effect. After referral of HB 4271 to the Senate, it languished for a period of months, but it saw more favorable progress this past summer. A substitute version of HB 4271 was reported favorably by the Senate Committee on Government Operations on Aug. 13, with a recommendation for immediate effect. That same day, the substitute bill was reported to the Committee of the Whole. There is a reasonable prospect of the bill being adopted into law.

Now what?

Municipalities should prepare for this possible new law in advance. The most notable feature of the bill is that it creates an “opt out” feature for medical marijuana provisioning centers, which means these types of facilities will be permitted, on a statewide basis, unless a municipality “opts out” by adopting an ordinance that prohibits these types of facilities.

If your community wants to prohibit medical marijuana provisioning centers, it should have in effect an ordinance that prohibits them before the new law takes effect. This will ensure that new medical marijuana provisioning centers do not sprout up immediately after the new law becomes effective, and thereby claim or establish some type of legal nonconforming rights. It is possible that the new law may be interpreted as prohibiting a medical marijuana provisioning center from establishing lawful nonconforming rights, but that is not a chance worth taking. If your community intends to prohibit this land use, it should do so in advance, by adopting an appropriate ordinance. Or, if your community intends to allow this land use, it should evaluate whether proper regulatory and/or licensing provisions should be adopted. If time does not permit this type of action, then a temporary moratorium on marijuana provisioning centers could potentially be adopted, until such time as appropriate regulations can be reviewed.

Those who are interested should consider having their ordinances reviewed to determine whether an appropriate amendment is needed.

[YesMichigan]

On Dec. 12, the House passed, by a margin of 95 to 14, House Bill 4271

 

Nays—14

Abed - D

Kurtz - R

MacGregor - R

Talabi - D

Franz - R

Lamonte - D

Price - R

Victory - R

Greimel - D

Lauwers - R

Rogers - R

Zorn - R

Hooker - R

Lori - R

 

http://house.michigan.gov/mhrpublic/frmRepList.aspx

[+Malamute]

The "opt out" part of 4271 was replaced by an "opt in".  The article is a bit wrong. :-)

[Chauncy Gardner]

Are Medical Marijuana dispensaries coming to my community?

 

Gosh, I sure hope so.

[shishka]

Already in my community and I don't think they're going anywhere.

[free420country]

I hope not.......

[Norby]

4 dems, that's like 30% of the nays, WTF?

[semicaregiver]

Not sure the nays mean much.  I live in one the Dem's districts that voted Nay.  I can walk to 9 dispensaries.   

[imiubu]

13 here that I can verify... not sure how many more there are.

 

Guess the question might better be 'are the dispensaries in your community staying?'

[shishka]

13 here that I can verify... not sure how many more there are.

 

Guess the question might better be 'are the dispensaries in your community staying?'

I believe that has pretty much been answered. Take for instance Jackson county, when the AG put his foot down Jackson sent out the troops and shut them all down. I'm sure Jackson wasn't the only county that crumbled under the pressure of the AG. Meanwhile Washtenaw County said "go flower yourself, we got this" and they all remained open.

 

In other words, the ones that were going to be shut down already were.

[Restorium2]

Bait for the switch. 

[bobandtorey]

Bait for the switch. 

Maybe 

[Restorium2]

Maybe 

We are asking the cops for dispensaries if you haven't noticed yet. And laying the Act bare naked at their feet as a sacrifice. Expect to be stepped on. Ever ask a cop for a favor before? Me neither. 

[phaquetoo]

I would love to beleive the ones open stay open,,,,,,but I havent a clue and so far no one has convinced me this law would be easy, it is easy to read, and what I read from the original wording that was voted in, I dont see how they are legal and open.

 

I would love to see them open up, of course with building codes and what ever any other biz has to get to open a biz, and taxes that would save all MI residents from a tax hike, the taxes would be better than what the lotto was supposed to do.

 

My only concern is losing our home grows and c.g's current grow rules! I would love to see them open for c.g's to be able to go and cover their costs for grows and than a reasonable wage also! They would be great for pt's who just cant find a c.g or grow, Plus Im sure they could get it delivered if they are home bound. 

 

You all do know that they will be expensive to purchase from, and they most likly wont give you as much as you get from your pt for meds now. It would help both pts and c.g's. cg's who would like to do this as a living or a addition to their pensions or what have you.

 

c.g's could under price them big time to there pt's and other pt's and c.g's if it were legal! We know that wont be allowed,

 

To be honest though, I would rather of not had the law opened and have any changes from what was written, The law was passed as written and not meant for judges to change it willy nilly!

Yes there were grey area's and still are, but as long as that c.g or pt was within the written law or in one of them grey area's they should not have gotten arrested and charged, the pt should have gotten the better side of the grey area not L.E or Judges!

 

Peace and Happy New Year!

[bobandtorey]

I don't see how they are legal and open ?    Here you go Jim it's right there in the Law and it's what they use to stay open

 

I may have one myself one day soon it's been a Dream of mine for ever Lol

 

(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Happy New Year too you Jim , And MMMA and all its members 

 

 MMMA and all its members 

[bobandtorey]

I would love to beleive the ones open stay open,,,,,,but I havent a clue and so far no one has convinced me this law would be easy, it is easy to read, and what I read from the original wording that was voted in, I dont see how they are legal and open.

 

I would love to see them open up, of course with building codes and what ever any other biz has to get to open a biz, and taxes that would save all MI residents from a tax hike, the taxes would be better than what the lotto was supposed to do.

 

My only concern is losing our home grows and c.g's current grow rules! I would love to see them open for c.g's to be able to go and cover their costs for grows and than a reasonable wage also! They would be great for pt's who just cant find a c.g or grow, Plus Im sure they could get it delivered if they are home bound. 

 

You all do know that they will be expensive to purchase from, and they most likly wont give you as much as you get from your pt for meds now. It would help both pts and c.g's. cg's who would like to do this as a living or a addition to their pensions or what have you.

 

c.g's could under price them big time to there pt's and other pt's and c.g's if it were legal! We know that wont be allowed,

 

To be honest though, I would rather of not had the law opened and have any changes from what was written, The law was passed as written and not meant for judges to change it willy nilly!

Yes there were grey area's and still are, but as long as that c.g or pt was within the written law or in one of them grey area's they should not have gotten arrested and charged, the pt should have gotten the better side of the grey area not L.E or Judges!

 

Peace and Happy New Year!

And i also agree pt/cg should have the shield not the sword they get most of the times  and it's why being a cg is still risky imo more people would grow their own if it wasn't so risky i know only to well it's only legal to Grow,use.,buy. As long as you get the right judge or are in the right County 

 

That the biggest thing about opening up the Act i also would not like that 

[Restorium2]

I don't see how they are legal and open ?    Here you go Jim it's right there in the Law and it's what they use to stay open

 

I may have one myself one day soon it's been a Dream of mine for ever Lol

 

(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Happy New Year too you Jim , And MMMA and all its members 

 

 MMMA and all its members 

You are dreaming Bob. Start up costs top $100,000. It's not like opening a fruit stand. 

[phaquetoo]

I don't see how they are legal and open ?    Here you go Jim it's right there in the Law and it's what they use to stay open

 

I may have one myself one day soon it's been a Dream of mine for ever Lol

 

(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Happy New Year too you Jim , And MMMA and all its members 

 

 MMMA and all its members 

Bob that's how people get confused, you only showed one lil part of the law, you didnt show the part that a pt can grow for them selves or have a c.g that they are registered to thru the state!

 

You cant just read part of the law, so your saying a despensarry owned by 10 people can sell it to more than 50 people?

 

A c.g can only have 5 pt's and grow for himself, you cannot legaly supply some one with mm who is not registered to you thru the state!

 

It is simple, in fact it comes with your card yr after yr,,,,,they like to remind us every time we renew that we cant have more than 5 pts, 12 plants per pt and 2.5 usable for pt's

 

There is also a part in the law that says you can maintain enough mm so as your pt or you have a continuis non interupted supply!

 

I would love to beleive it means I can grow and acre or 2 in the summer for free to last me till the next falls crop!  we cant do that, we can grow out doors but you better be within the law in every way or your not gonna be a legal pt or c.g ever again!

 

Peace

Edited December 31, 2014 by phaquetoo

[YesMichigan]

FAQ2 breaks it to the lowest denominator. FIVE patients per c.g. So dispensaries should be hiring c.g.s left and right. Organize as a legitimate collective within the confines of the law.

 

Patient to patient transfers are not allowed. I need to research c.g to c.g transfers as they pertain to "the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana"

 

"Collectives" as people want them to be are expressly prohibite. There could be another route but the organization required is likely beyond the scope of the community.

[t-pain]

the supreme court said cgs were only allowed to transfer to their 5 patients.

 

which means cg2cg is out.

 

of course i dont think the supreme court wanted to think about visiting qualified patients, nor parents of minor patients. they just wanted to ban dispensaries as hard/fast as they could.

Edited December 31, 2014 by t-pain

[bobandtorey]

Bob that's how people get confused, you only showed one lil part of the law, you didnt show the part that a pt can grow for them selves or have a c.g that they are registered to thru the state!

 

You cant just read part of the law, so your saying a despensarry owned by 10 people can sell it to more than 50 people?

 

A c.g can only have 5 pt's and grow for himself, you cannot legaly supply some one with mm who is not registered to you thru the state!

 

It is simple, in fact it comes with your card yr after yr,,,,,they like to remind us every time we renew that we cant have more than 5 pts, 12 plants per pt and 2.5 usable for pt's

 

There is also a part in the law that says you can maintain enough mm so as your pt or you have a continuis non interupted supply!

 

I would love to beleive it means I can grow and acre or 2 in the summer for free to last me till the next falls crop!  we cant do that, we can grow out doors but you better be within the law in every way or your not gonna be a legal pt or c.g ever again!

 

Peace

I know Jim i only posted (f) thanks 

 

I also don't know if they our Legal i guess my point is if they are so illegal why we haven't seen any more raids its been sometime now and only pt are being arrested for selling to Leo

 

i was at a few of them over the holidays  i did not buy any Cannabis from them but they have popped up everywhere like they did in 2009-10 and Arbor just got 3 more OK's from the City 

[shishka]

Seems to me it's perfect the way it is right now. Nothing needs to be done. Those communities that wish to "opt in" can do so by allowing them to operate, those that don't want them can send in the goon squad and close them. Patients are still allowed to grow at home and the only people at risk of arrest are the owners who are rolling in the dough so not such a big risk.

 

Isn't this pretty much what 4271 was going to do?

Edited January 1, 2015 by shishka

[YesMichigan]

the supreme court said cgs were only allowed to transfer to their 5 patients.

 

which means cg2cg is out.

 

of course i dont think the supreme court wanted to think about visiting qualified patients, nor parents of minor patients. they just wanted to ban dispensaries as hard/fast as they could.

 

I need to read the ruling. Based on (f) above it explicitly reads that a c.g. can get what a patient needs under the law.

 

I think there is a challenge there but of course nobody wants to be the challenger.

 

We couldn't agree more on the intent of the supreme court.

[t-pain]

yes, and the supreme court said a patient (or cg) can aquire from anyone, legally.

 

the person selling/giving marijuana is the one who isnt protected by sec4.

 

in essence the supreme court says we have a half-law.

[bobandtorey]

yes, and the supreme court said a patient (or cg) can aquire from anyone, legally.

 

the person selling/giving marijuana is the one who isnt protected by sec4.

 

in essence the supreme court says we have a half-law.

Half a Law in Half the Counties