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Medical Marijuana In Michigan: Half Glass Empty Or Glass Half Full?


bobandtorey

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It’s been a whirlwind of a month in Michigan. First, the state passed a set of bills (HB4209, HB4210 and HB4827) implementing a new licensing system for the state’s medical marijuana program, which was then quickly passed by the house and then signed by Governor Rick Snyder. The same week the bills were passed by the senate, MiLegalize, the people’s initiative to put marijuana legalization on the ballot in November was rejected by both the Michigan Court of Appeals and the Michigan Supreme Court. For a lot of people, the state’s ability to put a halt on a grassroots effort to legalize marijuana for adult use and to move forth their effort to so-call “correct” Michigan’s dysfunctional medical marijuana program felt like a punch straight to the gut. For others, it was looked at as a step in the right direction. Whether the people like it or not, it’s a done deal and now patients, caregivers and business owners are left with two options: make the best of the situation as it stands or wallow in their sorrow and refuse to have any part in the new program. 

I’ve taken the liberty of breaking down the good things about Michigan’s new licensing system, as well as the bad things. My list of negatives versus positives is about 50/50, but it’s important to remember that it’s progress nonetheless. Because I am a half glass full type of person myself, I am going to go ahead and start with some of the things I consider to be positive.

 

 

  • Patients will now have safer access to their medicine.

In 2008, the people of Michigan voted for medical marijuana, however, it didn’t exactly provide the best protection for patients. Legally, the only way patients could have medicine was to grow it themselves or have a caregiver grow it for them. So what exactly happens when an entire crop is destroyed by powdery mildew? You’re pretty much S.O.L., but dispensary owners still choose to open up shop, despite the risks and of course, that risk depends on where you live and whether or not your city or township has an ordinance in place.

Under the new law, provisioning centers will be able to obtain a license and distribute legally to patients, while patients will finally be able to walk into a shop and get the medicine they need. Licenses will also be offered to cultivators, processors, transportation services and testers (safety compliance). The state has a whole year to prepare before they’ll even accept licenses. Although optimistic, it’s looking like cultivation could begin the beginning of 2018.

Concentrates, edibles, tinctures and topicals were some other elements left out of the 2008 medical marijuana act, and boy did law enforcement have a hay day with that one. And let’s not forget the fact that this forced Michiganders to treat a lot of their conditions ineffectively. Major illnesses such as cancer, seizures and Crohn’s Disease are treated effectively with cannabis oil, not cannabis flower. Would a doctor recommend a lung cancer patient to smoke? No. Would a doctor recommend a child who suffers from epilepsy to smoke? No. And a doctor who knows what is best, would recommend a Crohn’s patient use oil-infused suppositories to effectively treat its life-altering condition. Concentrates and infused-products becoming legal is, by far, the biggest win from this set of bills. Thankfully, this is something that goes into effect in December, 90 days after the bills were signed by the governor. Unfortunately, until licenses are issued, the commercial process to make concentrates and infused products remains illegal. It will be important that products are properly labeled during transportation, which I will explain in a bit.

There’s no denying the fact that Michigan has seen some troubling times over the last decade, considering the state hit significant economic turmoil the year medical marijuana was voted by the people. When that happened, funding was taken away from improving schools and roads. Then you add in the Flint crisis, which is still making nationwide headlines, and the fact that a large amount of money is given to law enforcement to crack down on patients and caregivers, it’s a financial nightmare in the eyes of the medical marijuana community. A state fiscal agency reports Michigan could see as much as $64-million in revenue from the new medical marijuana program, which could generate up to $23-million in taxes.

Right now if you walk into a Michigan dispensary and buy product, there’s a good chance that product wasn’t tested. This could be a bad thing, considering patients can suffer from adverse reactions to cannabis. Under the new regulations, product will need to be tested to make sure it is free of pesticides, mold, as well as THC, CBD and other cannabinoid content testing. Labeling requirements will be determined by LARA and the new licensing board which will be appointed by Governor Rick Snyder. Caregivers are not required to test their product.

The good news is; the caregiver system isn’t completely gone….YET. It’s believed that Senator Rick Jones, the Senate Judiciary Chair who has been a strong force behind these bills, wants to get rid of Michigan’s caregiver system as a whole. Under the new law, a patient still has the choice to grow their own product or have a caregiver grow it for them. 

Another huge win out of this, is the fact that a lot of ongoing cases might be dismissed and criminal records might be expunged. I spoke with a few lawyers and most believe this likely be dealt with on a case-by-case basis, but there’s a good chance a lot of cases might be swept under the rug in an effort to keep Michigan’s court system a little less cluttered.

The set of a bills was music to the ears of those wanting to do business in Michigan, especially those who have been distributing product to patients for a while now. While some establishments might be a little upset that they now have to pay licensing fees and taxes, others are happy to.  A lot of people in the industry feel the new requirements will make it really difficult for smaller businesses to be a part of the booming industry, however, this opens business owners up to more investment opportunities. Now that the state has implemented a legal framework for marijuana businesses, a lot of investors feel their money will be a little bit safer, as long as they invest in someone who can produce legitimate plans on how they will earn their investment back. So don’t let the Debbie Downers make you feel like there’s not a chance in hell you will be able to be a part of doing business in the marijuana industry in Michigan. It’s possible, but be prepared to prove you are worthy of receiving an investment. The absolute minimum cost to obtain the lowest grow license will be just under $15,000, no more than $10,000 paid to the state and no more than $5,000 paid to the city or municipality. Other licensing fees are still up in the air and will be decided by the state’s licensing board. If you intend on getting just the 500 plant cultivation license, I would plan on having $500k – $1 million at hand to help cover your operational costs, licensing fees, equipment and real estate.

THE BAD

The biggest hit the marijuana community took was the fact that patients will now be taxed when they buy their medicine out of convenience. Dispensaries will be taxing patients 3% on what they buy from the dispensary. This move made a larger portion of the Michigan marijuana movement angry, because they believe patients should never be taxed. New product transportation requirements and seed-to-sale tracking will also drive up cost for the end consumer by as much as 50%. Cultivators, dispensaries and processors will be required to foot the costs to transfer their product to be processed, tested or sent to dispensaries.

 

 

Let’s say you are patient yourself and a caregiver for one other person and you grow one plant for yourself and another plant for your patient. Each of your plants produces 10 ounces and you harvest once a month. That’s a total of 20 ounces (By the way, you’re already breaking the law, which I’ll get to in a second). Now let’s say you need two ounces for yourself and two ounces for your patient each month, which leaves you with an overage of 16 ounces per month. You can no longer sell that overage to a dispensary. You can only keep it for yourself or provide it to your patient. You also can’t sell infused products to dispensaries without a license. You can, however, sell seeds and clones.

Now how is the above breaking the law? As a patient, you can grow 12 plants for yourself. As a caregiver, you can grow up to 12 plants for each of your patients. So if you’re a patient and a caregiver for five people, this means you can legally grow 72 plants. Now one plant can harvest five ounces to one pound of useable bud, depending on your growing abilities. A patient and caregiver can also legally possess up to 2.5 ounces of dry, smokeable material per patient. In the eyes of the state, it is deemed dry and smokeable four days after it’s harvested. So if you’re one plant produces more than 2.5 ounces, which is likely, then you’re breaking the law. 

Don’t get me wrong, I am all about product testing. In fact, I am ecstatic product distributed for profit will be tested for pesticides, mold and cannabinoid content. Caregivers will not be required to test their products, but licensees will. Commercial labeling requirements will be determined by LARA but labeling requirements during transport are clear as day for caregivers and patients, and they’re pretty ridiculous. The label on you or your patient, spouse, parent or child’s product must include the weight of the infused product, name of the manufacturer, date of manufacture, name of the person from whom the product was received and date of receipt. Caregivers will also be required to carry a manifest that states the weight of the infused product, name and address of the manufacturer, date of manufacturer, destination name and address, date and time of departure, estimated date and time of arrival, and the name and address of the person from whom the product was received and date of receipt. If you don’t follow these guidelines, then you could face a $250 civil infraction.

As if Michigan’s law enforcement doesn’t have enough money already to target patients and caregivers. Now, state police will be given 5% of the taxes to crack down on people they feel are operating illegally or feeding the black market. Another 5% will go toward training law enforcement officials. Perhaps some of that money should be put toward educating law enforcement officials about cannabis and its benefits.

I live on the west side of Michigan, where there are barely any communities who have ordinances in place allowing businesses to legally operate, so this fact really worries me for patients. Cities and townships will be the ones who ultimately decide how many establishments they want and who they will allow to do business. This means it will be very important for business owners to present their plans professionally. They’ll need to be prepared with county patient and caregiver numbers, tax revenue projections, patient testimonials and business structure. Potential licensees should also consider ways they can give back to the community and present those plans as well.

Licensees will not be able to even submit their applications to the state until December 2017. This could be good, as the state and business owners have a lot they need to prepare for, before submitting or accepting applications. In this article, I included a very optimistic timeline on how the licensing process could pan out. If the state is quick with accepting and approving applications, cultivation could begin early 2018 and commercial distribution could begin in the Summer of 2018.

 

2017 and 2018 ould be an exciting year for Michigan. Not only will businesses be preparing for the new licensing system, but MiLegalize announced they will be launching another petition drive for recreational legalization Spring 2017. The organization says it still plans to take their current case to the federal courts or appeal to the United States Supreme Court and win, but in the meantime, it would like to strengthen their organization and launch a new people initiative, with hopes of being on the 2018 ballot. Jeff Hank, MiLegalize’s Executive Director says the group plans to hold town hall meetings across the state to better learn the needs for reform in the eyes of the community. If the initiative makes the ballot and succeeds, the state’s new framework will still exist, but it will remove some of the criminality and state bureaucracy that exists now.

 

https://www.theweedblog.com/medical-marijuana-in-michigan-half-glass-empty-or-glass-half-full/

  • Concentrates and infused-products are (finally) legal.
    • Our state needs the tax money.
    • Products you buy in a dispensary will now come with testing results.
    • You can still grow your own medicine or have a caregiver.
    • Expungement and dismissal of ongoing cases.
    • You have a chance to be a part of the booming business.
    • Price will be higher for patients.
    • Patients and caregivers can no longer sell their overages to dispensaries.
    • Grey area still lies within the law.
    • Your edibles and concentrates will have to be ridiculously labeled for transport.
    • Law enforcement will be given more money to enforce patients and caregivers.
    • A city or township can make the decision to stay a dry county.
    • If you’re planning to do business, you have a while to wait.

 

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Patients can sell seeds and clones to other patients?

haha....ok....I got seeds for sale. Hundreds. 10 packs, 5 packs, 3 packs, 50 packs. Yikes!!

 

But no, I don't think we can sell clones or seeds. I've never heard a real answer tho.

 

Wet

Edited by WET
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Dispensaries will be taxing patients 3% on what they buy from the dispensary. This move made a larger portion of the Michigan marijuana movement angry, because they believe patients should never be taxed. New product transportation requirements and seed-to-sale tracking will also drive up cost for the end consumer by as much as 50%.

 

So average dispensary prices will be $350 to $400 per ounce. How do you think the market will react to this?

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So average dispensary prices will be $350 to $400 per ounce. How do you think the market will react to this?

 

 

caregivers will slip in right under that cost.

 

I'll arrive with a better product, uniquely tailored per patient, with real face to face seed to sale tracking, right from your personal grower directly to you, no radiation, no other hands ever, no pesticides/miticides(from me) delivered to your door.

 

Some growers might change their organic approach, some chemical growers may change theirs too.

 

Maybe Michigan will stand up and give us a list of accepted pesticides, like dlimonene, pinene, thyme, rosemary, basil  maybe?

some caregivers will feed the black market, begin to, or continue.

 

dispensaries will sternly warn against caregiver grown cannabis. I hope my brothers and sisters growing in the registry are at the ready, and cease using turf treatments and plant growth regulators right now before they find them and stop offering up more ammo for them to use against us.

 

Soda bottling companies will pop up, all medicated of course.

Failing candy/bakery companies may have an in now with some edible productions

 

Caregivers will lose some of their recreational patients and maybe gain some medical ones interested in a personal responsible gardener for their medicine.

As a patient I would want my own personal grower, but not some of the headaches that we hear about that may come with the bad ones. Choosing ones grower and even caregivers choosing their few patients to serve will be more selective in the process.

 

Caregivers may join together specifically to preserve their craft, standing, and their prized genetics. They might be less personally competitive and more compassionate.

 

Some current caregivers will  have to go get a job now I sense. The cream will rise to the top, less new caregivers will register, caregiver product will become even better for patients and  service received will improve on both ends, dispensary and caregivers.

 

peace

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From new House Bill 4210

 

 

 

right, but this means a patient with special licensing can transfer to a licensed grower, not another caregiver or patient right?

 

 

simpler.

 

on dec 20th, is it NOW legal for cg's  with their current standing as a cg, to open up shop and sell clones and seeds to every patient  they meet?

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right, but this means a patient with special licensing can transfer to a licensed grower, not another caregiver or patient right?

 

 

simpler.

 

on dec 20th, is it NOW legal for cg's  with their current standing as a cg, to open up shop and sell clones and seeds to every patient  they meet?

sounds like we're still stuck with legislative conception. It's almost immaculate ;)

 

Wet

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People just dont fully appreciate what growing mj commercially means. Those that have to invest 500k-1mil... What kind of decisions will they make? Will they prioritize quality over profit? Will they do what is morally conscionable, or what is finacially necessary? The game is set to only allow the money people to play, and they will be making money decisions, for their own personal profit. And if they are the only players, they will redefine what is quality is. And quality will be what they are able to produce at a given profit expectation.

 

Sigh... oh well, it is what it is, and most people (including many here) just dont get what is really going to happen w the quality of their meds. Don't get me wrong, if i only have one option, then im just as trapped as the next person, and will do what needs to be done. That's the ultimate problem w forcing a large scale commercial industry onto mj... People will reasonably do what ever they necessarily have to do. ((That means some seriously treated mj... Buy bayer crop science stock folks.))

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Things I learned on the marijuana forums

 

lets dress up in marijuana leaves and yell at the politicians,= wait, dont do that

lets give money to some of these groups promising to support our will, =woops, thanks for the rip off, got us to now

lets all vote for legalization, =wait a minute, lets not do that either

hey, its legal to sell at the market, woops no its not.

vote for bernie, hillarys shill, woops, could have voted for a real third party instead? 

 

vote your conscience, now and forever !

internet forums could have been sabotaged by anti's?   they are winning

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I know that many on this forum believe it's only a matter of time (3 years?) before for Jones and his ilk (is that really a word?) go after CGs and home grows. Assuming they do, would it require a 75% vote to appeal/alter the MMMA? Senate and House of Reps?

 

If so, better make your vote this Nov. speak loud and clear.

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  • 2 weeks later...

haha....ok....I got seeds for sale. Hundreds. 10 packs, 5 packs, 3 packs, 50 packs. Yikes!!

 

But no, I don't think we can sell clones or seeds. I've never heard a real answer tho.

 

Wet

The law says we can sell clones and seeds to despensarry's I beleive, not p2p or p2cg!

 

Peace

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So average dispensary prices will be $350 to $400 per ounce. How do you think the market will react to this?

I thought the amendment says that provisioning centers will be paying a 3% tax on the mm they purchase and the charge regular 6% sales tax to the customer/pt!

 

Peace

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clones come in all kinds of heights and ages with varying girth. some of mine are tiny bits attempting to grasp some life and others are little plantlets not even showing a root yet.

some can cover an entire 4x4 screen while they are setting down roots.  I keep flowering clones full time too, some of my clones already have fat fist sized buds on them. I'm going to harvest some of my clones this morning. Come to think of it every plant in my hobby grow room is a clone today. :huh:

 

 I believe the law says if you are licensed to sell cannabis to a dispensary, like a licensed grower, then you will also be able to provide clones and plants and seeds and bud to them. The law will NOT allow patient and caregivers to sell unregulated clones to any dispensary. We dont fall under the seed to sale tracking, which clones could subvert, at least the ones sold by cg's or patients. Not to say it wont happen of course. We have never been allowed to sell anything cannabis to a dispensary and that remains true, without proper licensing and a justus system approval.

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in your medical grow room... for medical use.

yep, part of it is. I hear ya.  I have all kinds of different plants growing in there. Habit calls it hobby since the 90's. I just put some of my medical plants in there

to flourish... I couldnt figure out how to be legal with an outdoor harvest until the next season. I am coaxing a coconut to root in there, from a seed, the only non clone I work with currently.

 

:hair:

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So I know this "guy" and he is not supposed to use mmj according to his pain contract, but this guy still uses when he can in between monthly pain doc appointments with blood and tinkle testing a given at any appointment. It is a real pain in the donkey to have a natural medicine that helps with some of his conditions that other meds do not, and that it is widely available but not allowed to be used concurrently with prescribed medications because it is illegal in some idiots minds! The problem now is that his mmj medicine's price is going to sky rocket with the quality quite possibly going the opposite direction, and this "guy" never bothered to use a caregiver because he does not use very much due to the constant threat of health care professionals trying to catch him in the act of committing the grievous crime of trying to alleviate his constant pain. Ahem, getting to the point... if a person uses just a few ounces a year, say 3 or 4 would he be able to find a caregiver that would work with this kind of patient? After having been on these forums for a while now, I can tell there are caregivers who actually do care about the health of their patients and that they are receiving quality medication that works for their specific conditions. I am just concerned with what is going to happen to a patients access to affordable, quality medications from a storefront type location and would rather not pay into a system that gives a percentage of the mmj proceeds to leos so that they can incarcerates the patients from which their new found bonanza comes from! It is if we are living in Bizarro World!

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