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Showing posts with the label mmfla

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

Caregivers and the DoDo Cannabis and extinct birds would seemingly never ever come up in any discussion. Nonetheless, in consulting with our cannabis clients, a lot of them are inquiring about the stability of the Caregiver model, specifically as it was pushed for several years. What many in the market have referred to as the "Caregiver Model" is going the way of the Do-Do bird on October 31, 2018. Halloween this year will be the extinction event for the caregiver model as numerous have known it for years here in Michigan. While Caregivers will continue to be able to grow and sell to their registered patients, and for themselves, if they are additionally registered qualifying patients, the "gray market" where they were offering their excess, and making a pretty good earnings, is coming to an end. What was the "Caregiver Model?" Under the old "Caregiver Model," a Registered Caregiver can grow up to seventy-two (72) marihuana plants, if they had 5 ...

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,...

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

Thinking of starting a Medical Marihuana Grow to make sure that you can give cannabis to the medical marihuana market? Are you a Medical Marihuana Act licensed caregiver that intends to take your product commercial on a bigger scale? Thanks to the Medical Marihuana Facilities Licensing Act, currently you can do so lawfully, as long as you can successfully acquire a license from the State to do so. This can be a wonderful chance with lots of new owners seeing tremendous levels of profit as well as success in the market. However, if you make this choice, you do need to make certain that you get a Michigan commercial grow license. Failing to do so will cause your endeavor being, more than likely, illegal and bring about court activity that will certainly cripple your organisation before it begins. However, the Michigan commercial grow license application is a long, complicated and also pricey process. Ask a medical marijuana lawyer, and they will tell you that you need to make sure that y...

Detroit Medical Marijuana Update

Detroit Medical Marijuana Update The previous week has actually been a hectic one in the City of Detroit when it concerns Medical Marijuana Facilities Licensing Act problems. The City application due date for presently running facilities was February 15. The Wayne County Circuit Court's Chief Judge, Robert Colombo, Jr. released a ruling pertaining to the voter initiatives as well as dispensary zoning requirements. Lastly, the City released a postponement on applications as well as authorizations for brand-new medical marijuana dispensaries within the City of Detroit. Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana dispensary owner as well as you were on the City's approved operating list, you were required to send your application to the State of Michigan Bureau of Licensing and Regulatory Affairs by February 15, 2018. That application also needed to be filed with the City of Detroit for municipal attestation of operating approval by that date as well. If...

Marijuana Prosecution Policy Change

AG Sessions Eliminates Obama Administration Regulation Regarding Prosecution of Federal Marijuana Regulations. On Tuesday, Attorney General Jeff Sessions released a policy which directs local U.S. Attorneys to prosecute federal criminal offenses for marijuana law offenses, even in States where recreational and medicinal marijuana usage has been approved by the voters. The new policy directive is troublesome for a number of reasons, and ought to cause concern for individuals that utilize medical marijuana in Michigan, or to those who distribute it. Criminal Law Consequences. The policy modification might pose severe challenges to the Cannabis industry, that has been steadily expanding over the past decade. Until the policy modification on Tuesday, a growing number of States resisted Federal regulations and prohibitions on marijuana use for any reason, and have passed medical cannabis ordinances, as we have here in Michigan, or they have permitted recreational use of cannabis, as Colorad...

Wet Cannabis Still Prohibited Per MI COA

Previously this month, the Court of Appeals, in a split choice, determined that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who remain in possession of wet cannabis that is in the drying out process, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour identified that since wet cannabis that was in the drying procedure was not usable marijuana, possession of wet marijuana was not protected by the MMMA. The MMMA specifies many of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to indicate the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, however does not include the seeds, stalks, and also roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that meant that wet, undried cannabis was not a part of what the pr...

After September 15, Can I Still be a Caregiver?

The Bureau of Medical Marijuana Regulation is persevering on their stance that all marijuana centers that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will have to shut down, and will get a cease and desist letter at that time. While the facilities are not mandated to close down, the State Bureau of Licensing and Regulatory Affairs has explained that any center that continues to operate after receipt of the cease and desist will likely not be given a license. Additionally, the State has stated recommended Final Rules relating to Medical Marihuana Facilities licensing, which is going to enable or registered qualifying patients to obtain home deliveries from provisioning centers (with constraint, naturally) as well as will also allow online purchasing. So, where does that leave registered caregivers, that were anticipating to be able to stay relevant to their patients till 2021? Traditional The old for registered caregivers was pretty straightforwa...

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

You may be thinking of 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 get 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 informally as a "dispensary." The present guidelines no longer permit such businesses 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.) can come to acquire medical marihuana for medical usage. While a provisioning center can be a rewardin...