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After September 15, Can I Still be a Caregiver?

The Bureau of Medical Marijuana Regulation is persevering on their stance that all cannabis centers that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will need to close down, and will get a cease and desist letter at that time. While the facilities are not mandated to shut down, the State Bureau of Licensing and Regulatory Affairs has made clear that any facility that continues to run after receipt of the cease and desist will very likely not be granted a license. Further, the State has stated recommended Final Rules regarding Medical Marihuana Facilities licensing, which is going to permit or registered qualifying clients to obtain house deliveries from provisioning centers (with restriction, naturally) as well as will additionally permit online ordering. So, where does that leave registered caregivers, that were expecting to be able to continue to be relevant to their patients up until 2021? Traditional Model The old for registered caregivers w...

Am I Ready To Apply for a Medical Marihuana Facilities Grow License?

Thinking about beginning a Medical Marihuana Grow to ensure that you can offer marijuana to the medical marihuana market? Are you a Medical Marihuana Act licensed caregiver that wishes to take your product commercial on a bigger range? Thanks to the Medical Marihuana Facilities Licensing Act, currently you can do so legally, as long as you can successfully acquire a license from the State to do so. This can be a fantastic possibility with many brand-new owners seeing tremendous degrees of earnings and success in the market. Nonetheless, if you make this decision, you do need to make sure that you obtain a Michigan commercial grow license. Failing to do so will lead to your venture being, probably, prohibited as well as bring about court action that will maim your organisation before it starts. However, the Michigan commercial grow license application is a long, complicated and also costly process. Ask a medical marijuana attorney, and they will certainly tell you that you need to make...

MMMA Caregivers and the MMFLA: What, If Anything, Has Changed?

Any individual that is a registered qualifying patient or registered caregiver with the State of Michigan running under the Michigan Medical Marijuana Act (MMMA) will not be influenced by the brand-new MMFLA. The exact same rights, advantages, immunities and also protections available under the MMMA will certainly still apply to patients and also caregivers who are following the rules. Therefore, a patient or caregiver might continue to grow medical marijuana, as long as it is done within the boundaries developed by the MMMA, without any additional guidelines, limitations or policies. The Medical Marijuana Facilities Licensing Act (MMFLA) does not conflict with, modification, or customize, at all, the MMMA. The MMFLA creates the capacity for individuals to acquire licenses to operate businesses in the medical cannabis industry. Such businesses will certainly permit greater accessibility to registered patients and also caregivers to obtain medical marijuana on their own and their patien...

Proposition One Passed! What's Next? What's Legal?

Proposition One Passed On November 6, 2018, Michigan became the tenth state to legislate the leisure use of marihuana by its residents. The vote passed by a considerable margin and makes Michigan the only State in the Midwest that has actually allowed recreational use of marijuana. Now, we need to consider what happens next, and individuals need to be clear about what's legal today, and what's changing in the near future. Please note: Despite The Fact That MICHIGAN HAS PASSED PROPOSAL ONE AND THE STATE WILL ALLOW POSSESSION OF MARIHUANA UNDER PARTICULAR SCENARIOS IT IS STILL ILLEGAL UNDER FEDERAL LAW. You must consult with an attorney if you have any questions about how the conflict in between State and Federal law might affect you. What's Next? Now that Proposition One has passed, what occurs now? Well, firstly, the recreational use of cannabis in its variety of usable types will now be allowed, however within limits and legal limitations. Before that can happen, however,...

Wet Marijuana Still Unlawful Per MI COA

Earlier this month, the Court of Appeals, in a split choice, identified that the Michigan Medical Marijuana Act does NOT protect caregivers or patients that remain in possession of wet marijuana that is in the drying procedure, from prosecution. The Courts judgment in the case of People v. Vanessa Mansour identified that because wet marijuana that was in the drying process was not usable marijuana, possession of wet cannabis was not protected by the MMMA. The MMMA defines most of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to imply the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, yet does not include the seeds, stalks, as well as roots of the plant. The Court found that since the act chose to use the word "dried" before the remaining components, that implied that wet, undried cannabis was not a part of what the protections of th...

October 31, 2018 Deadline for Caregivers and The Changing Marihuana Dynamic in Michigan

Caregivers and the DoDo Marijuana and extinct birds would seemingly never ever turn up in any type of discussion. Nevertheless, in talking with our marijuana clients, many of them are inquiring about the feasibility of the Caregiver model, particularly as it was promoted many years. What several in the sector have described as the "Caregiver Model" is going the way of the Do-Do bird on October 31, 2018. Halloween this year will certainly be the extinction event for the caregiver model as several have actually recognized it for several years here in Michigan. While Caregivers will certainly continue to have the ability to grow and offer to their registered patients, and for themselves, if they are likewise registered qualifying patients, the "gray market" where they were marketing their overages, and making a fairly good profit, is coming to an end. What was the "Caregiver Model?" Under the old "Caregiver Model," a Registered Caregiver can grow up...

Marijuana Prosecution Policy Shift

AG Sessions Gets Rid Of Obama Administration Policy Regarding Prosecution of Federal Cannabis Laws. On Tuesday, Attorney General Jeff Sessions issued a policy which directs local U.S. Attorneys to prosecute federal criminal offenses for marijuana law violations, even in States where recreational and medicinal cannabis use has been permitted by the voters. The new policy directive is problematic for a variety of factors, and ought to cause concern for individuals who use medical cannabis in Michigan, or to individuals who dispense it. Criminal Law Consequences. The policy modification might lead to severe obstacles to the Cannabis industry, which has been steadily growing within the past 10 years. Up until the policy revision on Tuesday, a growing number of States defied Federal regulations and prohibitions on cannabis usage for any reason, and have passed medical marijuana regulations, as we have here in Michigan, or they have granted recreational usage of cannabis, as Colorado and Cal...

10 Things You Need To Know Before Opening A Marihuana Provisioning Center

You might be considering opening a marihuana provisioning center in Michigan. Now, after the passage of the Medical Marihuana Facilities Licensing Act or the MMFLA (M.C.L. 333.27401 et seq.) that is possible, however only if you obtain municipal approval and a State issued operations license. "Provisioning Center" is the legally permissible term under Michigan's Bureau of Licensing and Regulatory Affairs, Bureau of Medical Marihuana Regulation, for what was previously referred to colloquially as a "dispensary." The existing regulations no longer allow such companies to be referred to legally as "dispensaries" and the State requires that they be referred to as marihuana provisioning centers. A provisioning center is essentially a organisation where qualifying patients under the Michigan Medical Marihuana Act or the MMMA (M.C.L. 333.26421 et seq.) may come to buy medical marihuana for medical use. While a provisioning center can be a lucrative ...