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How To Open A Legal Dispensary !


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Alright... a couple pulls on the doobie and some last resort pharma's (bah!), I'm up swinging :D

Thought today was going to be wasted laying prone in bed w/ out light/ sound thinking of ways to

remove my head w/ out dying.   Yeah, migraines suck.

I stopped this one before it got a full head of steam... sweet victory :phew:

 

Now that I've shared some personal chit... on to the business at hand;

 

Michigan Campaign Finance Searchable Database
http://http://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751-169289--,00.html

 

I've yet to find what I am looking for.... I will eventually.

 

If anyone finds the private/ personal contributions to particular Legislators...

I will tell you which are the disp lobby attempting to ply our gov't officials to

showing favor to their desires.

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Here is a fair interpretation of the law. Section 4(d)(2) can be read so that patient to patient transfers are rebuttable for the seller because the use of ‘presumption’ directly connects ‘a’ qualifying patient with ‘the’ qualifying patient’s. So the MSC did rule fairly in pt/pt transfers. Where the MSC erred was by saying that section 4 does not protect non-connected cg/pt transfers. There are several reasons for interpreting 4(e) as an additional protection for such transfers and the MSC inevitably supports this through their ruling: “Because a transfer is any mode of disposing of or parting with an asset or an interest in an asset, including the payment of money, the word ‘transfer,’ as part of the statutory definition of ‘medical use,’ also includes sales.”

 

If transfer includes the sale of medical marijuana to qualifying patients, then 4(e) cannot indicate the same as 4(b). Due to the different language (i.e. the exclusion of ‘he or she is connected through the department's registration process’ and ‘shall not constitute the sale of controlled substances’), there is clear intent of the law to protect all cg/pt transfers in a limited scope. This is further supported by sections 4(j) and 4(k), which give out-of-state cards the same effect as in-state and provide additional penalties for transfers to non-qualifying patients. Interpreting section 4 so that out-of-state patients cannot legally obtain medication would inhibit the law from giving effect, and thus requires non-connected cg/pt transfers.

 

This does not however indicate that dispensaries are legal, but they theoretically could operate under loopholes or certain conditions. By that I mean budtenders would need to be registered caregivers, with total weight being under their limits. These types of setups should not frighten anyone, because they wouldn’t be the large commercial entities trying to take over. The transfer from cg/cg is another topic that I haven’t discussed yet, but any cg/pt should be legal and was implied by the original ballot proposal:

 

- Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.

 

- Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.

 

- Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.

Edited by Alphabob
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