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Showing posts with the label mmfla

After September 15, Can I Still be a Caregiver?

The Bureau of Medical marijuana Regulation is persevering on their position that all cannabis facilities that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will have to close down, and will receive a cease and desist letter at that time. While the centers are not mandated to shut down, the State Bureau of Licensing and Regulatory Affairs has explained that any facility that continues to run after receipt of the cease and desist will likely not be given a license. Further, the State has set forth proposed Final Rules relating to Medical Marihuana Facilities licensing, which is going to enable or registered qualifying clients to get home deliveries from provisioning centers (with restriction, obviously) as well as will certainly additionally permit online ordering. So, where does that leave registered caregivers, that were expecting to be able to remain relevant to their clients till 2021? Traditional The old model for registered caregivers was pret...

After September 15, Can I Still be a Caregiver?

The Bureau of Medical Marijuana Regulation is standing firm on their stance that all marijuana facilities that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will need to close down, and will receive a cease and desist letter at that time. While the centers are not mandated to shut down, the State Bureau of Licensing and Regulatory Affairs has explained that any facility that continues to run after receipt of the cease and desist will most likely not be given a license. Additionally, the State has stated suggested Final Rules regarding Medical Marihuana Facilities licensing, which is going to enable or registered qualifying clients to get house shipments from provisioning centers (with constraint, obviously) as well as will certainly likewise allow online ordering. So, where does that leave registered caregivers, that were expecting to be able to stay relevant to their clients until 2021? Traditional The old for registered caregivers was pretty str...

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, but only if you get municipal approval and a State issued operations license. "Provisioning Center" is the legally allowable 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 present policies no longer allow 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 generally a organisation where qualifying patients under the Michigan Medical Marihuana Act or the MMMA (M.C.L. 333.26421 et seq.) can come to buy medical marihuana for medical use. While a provisioning center can be a successful venture, the...

Wet Cannabis Still Illegal Per MI COA

Previously this month, the Court of Appeals, in a split decision, identified that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who are in possession of wet marijuana that is in the drying out process, from prosecution. The Judiciaries judgment in the case of People v. Vanessa Mansour determined that since wet cannabis that was in the drying out procedure was not usable marijuana, possession of wet marijuana 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 mean 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 roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that indicated that wet, undried cannabis was not a component of what the ...

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

Caregivers and the DoDo Marijuana and extinct birds would seemingly never show up in any discussion. Nonetheless, in talking to our cannabis clients, a number of them are asking about the feasibility of the Caregiver model, especially as it was pushed for years. What many in the market have actually 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 several years here in Michigan. While Caregivers will certainly continue to be able to grow and sell to their registered patients, and for themselves, if they are likewise registered qualifying patients, the "gray market" where they were selling their overages, and making a pretty good profit, is coming to an end. What was the "Caregiver Model?" Under the old "Caregiver Model," a Registered Caregiver could grow up to seventy-two (72) marihuana plants, if they...

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, ...

Cannabis Prosecution Regulation Shift

AG Sessions Removes Obama Administration Policy Regarding Prosecution of Federal Cannabis Laws. On Tuesday, Attorney General Jeff Sessions issued a policy that guides local U.S. Attorneys to prosecute federal criminal offenses for marijuana law offenses, even in States where recreational and medicinal cannabis usage has been permitted by the voters. The new policy directive is troublesome for a number of factors, and ought to create worry for individuals who utilize medical cannabis in Michigan, or to those who dispense it. Criminal Law Consequences. The policy modification could lead to major difficulties to the Cannabis industry, that has been steadily growing within the past decade. Until the policy modification on Tuesday, a growing amount of States opposed Federal policies and prohibitions on cannabis use for any reason, and have passed medical cannabis ordinances, as we have here in Michigan, or they have granted recreational usage of cannabis, as Colorado and California have don...

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

Considering starting a Medical Marihuana Grow so that you can supply cannabis to the medical marihuana market? Are you a Medical Marihuana Act licensed caregiver that intends to take your item commercial on a larger scale? Thanks to the Medical Marihuana Facilities Licensing Act, now you can do so legally, as long as you can successfully obtain a license from the State to do so. This can be a superb possibility with lots of brand-new owners seeing significant degrees of earnings and also success in the market. However, if you make this decision, you do need to see to it that you get a Michigan commercial grow license. Failing to do so will certainly lead to your venture being, probably, illegal and lead to court action that will certainly maim your service before it begins. Regrettably, the Michigan commercial grow license application is a long, complex as well as pricey process. Ask a medical marijuana lawyer, and also they will inform you that you need to ensure that you are prepared...

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

Anyone that is a registered qualifying patient or registered caregiver with the State of Michigan operating under the Michigan Medical Marijuana Act (MMMA) will not be impacted by the new MMFLA. The exact same rights, benefits, immunities and protections available under the MMMA will certainly still apply to patients as well as caregivers who are following the regulations. Therefore, a patient or caregiver may continue to grow medical cannabis, so long as it is done within the boundaries developed by the MMMA, with no added policies, restrictions or policies. The Medical Marijuana Facilities Licensing Act (MMFLA) does not interfere with, change, or modify, by any means, the MMMA. The MMFLA creates the ability for individuals to obtain licenses to operate businesses in the medical marijuana market. Such businesses will permit better accessibility to registered patients and also caregivers to acquire medical marijuana on their own as well as their patients. Those greater access chances f...

Detroit Medical Marijuana Update

Detroit Medical Marijuana Update The past week has been a busy one in the City of Detroit when it involves Medical Marijuana Facilities Licensing Act problems. The City application due date for currently operating facilities was February 15. The Wayne County Circuit Court's Chief Judge, Robert Colombo, Jr. released a ruling regarding the voter initiatives and also dispensary zoning requirements. Ultimately, the City issued a moratorium on applications as well as approvals for brand-new medical marijuana dispensaries within the City of Detroit. Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana provisioning center owner as well as you were on the City's authorized 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 had to be filed with the City of Detroit for municipal attestation of operating approval by that date too. If you did not get you...