| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
Medical marijuana shortage pushes officials to consider breaking their own rules
Updated Nov 29, 3:43 PM; Posted Nov 29, 11:56 AM
By Amy Biolchini abiolch1@mlive.com
Michigan officials are proposing a solution to a shortage of medical marijuana in the newly licensed industry -- but some lawyers say it's an ironic suggestion that could land caregivers in jail.
To keep shelves stocked at licensed medical marijuana shops, state regulators are asking the Medical Marihuana Licensing Board to look the other way if the shop is buying marijuana from caregivers. Right now, licensed retail stores could be fined or lose their license for such activities.
"It's an agreement to not take licensing action for certain activities," said Andrew Brisbo, director of the Bureau of Medical Marihuana Regulation. "It's not an authorization for anything outside of that."
The board will consider the resolution at its next meeting Dec. 7.
But lawyers representing provisioning centers find hypocrisy in the request.
"It's ironic that so many of these caregivers have been punished or felonized for this activity," said Josh Colton, a lawyer with Komorn Law. "Now the government is turning around and telling caregivers that they are needed."
During the past year, state regulators have agreed to not go after dispensaries who sell marijuana grown by caregivers.
It's the reason nearly 100 dispensaries have been allowed to operate in Michigan unlicensed, and the source of a constantly changing deadline for compliance. There currently is no deadline.
Unlicensed pot shops won't be shut down this year
Unlicensed pot shops won't be shut down this year
State regulators agreed to not take enforcement action before Dec. 31.
The stance by the Department of Licensing and Regulatory Affairs has allowed caregivers to continue to sell to dispensaries -- at their own risk.
"That's the irony: the state didn't acknowledge where the product was coming from," said Thomas Nafso, an attorney who represents three Detroit provisioning centers owned by Green Skies. "There is nothing in the law that permits the caregivers to deliver to the dispensaries."
A court case established that caregivers in Michigan could only sell marijuana to five registered patients with whom they have a relationship. There is no provision in state law that allows caregivers to sell to businesses.
Michael Komorn, a criminal defense attorney and president of the Michigan Medical Marijuana Association, said he has caregivers as clients who have felony criminal cases pending for possession with intent to deliver.
"I have had many cases over the last eight years that alleged felony marijuana crimes for behavior that LARA just codified as a part of their system," Komorn said. "The takeaway it would suggest is that it has been realized now by the state that they need caregivers for the state's medical marijuana program to work. They may not want to admit it, but this last play by LARA seals it."
That practice was supposed to end once a provisioning center gained a state license and switched over to sourcing its medical marijuana from a licensed grower.
The state has been issuing licenses since July; so far 40 provisioning centers and 12 growers are among the 67 licenses issued. There still is not enough medical marijuana from licensed growers to go around.
See where medical marijuana shops are licensed in Michigan
See where medical marijuana shops are licensed in Michigan
Forty provisioning centers are licensed, but some shops say there's no medical marijuana to sell.
The Bureau of Medical Marihuana Regulation is now proposing that caregivers could continue to provide medical marijuana to licensed provisioning centers without fear of retribution from the licensing board.
"As we move forward with the transition to the regulated market there were certainly concerns that arose with continued access of product," Brisbo said.
There are 43,056 caregivers in Michigan, and 297,515 patients.
Brisbo said the intent of the resolution has been communicated with law enforcement partners.
Specifically, the proposed resolution would allow a licensed provisioning center to stock up on marijuana and marijuana products from caregivers until Dec. 31 -- and could continue to sell it after Jan. 1, 2019, as long as it has been tested and entered into the state's tracking system.
Colton said he's skeptical as to whether the proposed resolution from LARA would be effective in the long term.
"It's still, in my opinion, a short-term solution to a much longer-term problem," Colton said. "This is certainly much-needed relief and would certainly allow patients to get the same medicine that they have had under the past 10 years through Dec. 31."
Colton added: "I would be remiss to think this is the last extension."
-- Amy Biolchini is the marijuana beat reporter for MLive. Contact her with questions, tips or comments at abiolch1@mlive.com.
Last edited by untanglingwebs on Fri Nov 30, 2018 7:46 am; edited 1 time in total |
|
|
Fri Nov 30, 2018 5:20 am |
|
|
untanglingwebs
El Supremo
|
MLive
Michigan
Subscribe
Search
MICHIGAN NEWS
See where medical marijuana shops are licensed in Michigan
Updated Nov 18; Posted Nov 18
7
Gallery: First medical marijuana retail sale in Michigan
99
2.2k
shares
By Amy Biolchini abiolch1@mlive.com
Sixty-seven medical marijuana businesses are licensed to operate in the state of Michigan.
Forty of them are provisioning centers -- the retail storefront for medical marijuana.
Despite Proposal 1's passage Nov. 6, provisioning centers can only sell marijuana to card-carrying patients.
Even with a flow of licenses from the Board -- and the first licensed retail sale of medical marijuana in late October -- some provisioning centers say there's not enough product to go around.
Most provisioning centers are on the eastern side of the state, with a proliferation in Detroit and the communities immediately surrounding it.
Lacking any licensed provisioning center are Lansing, Grand Rapids and Muskegon -- as well as the majority of northern and western Michigan. The Upper Peninsula has one medical marijuana business -- a provisioning center in Houghton.
Map directions: Zoom in on the map below to see where medical marijuana businesses are licensed near you, as some companies may hold more than one license. Additionally, the map indicates the registered business address for the license holder and may not represent an actual storefront.
Key: Provisioning centers are the licensed version of dispensaries. Grow facility licenses allow for different numbers of plants, with Class A allowing up to 500 plants and Class C allowing up to 1,500 plants. Processing centers are facilities where oil is extracted from marijuana flowers and trim. Safety compliance facilities are where marijuana flower and products are tested in a lab for potency and compliance with state regulations. Secure transporters are companies that ship marijuana and products between growers, labs, processors and provisioning centers.
Though state officials have been trying to impose a licensing deadline on dispensaries that have been temporarily operating unlicensed, their efforts have been blocked by Circuit Court Judge Stephen Borrello.
Judge stomps out state's effort to force new medical marijuana licensing deadline
Judge stomps out state's effort to force new medical marijuana licensing deadline
The judge said the state's licensing deadline was "arbitrary and capricious."
The licensure deadline was Oct. 31 for temporary operators -- but the state is prevented from enforcing it due a temporary restraining order from Borrello, said David Harns, spokesman for the Bureau of Medical Marihuana Regulation. Borrello extended the order Nov. 14.
The licensing deadline for operating dispensaries has changed multiple times, starting with June 15 and then later Sept. 15 and then Dec. 15 after a separate ruling from Borrello. The deadline drama -- and past threat of a state shutdown of nearly 100 businesses -- have drawn concerns from the medical marijuana industry.
Nevertheless, the fledgling medical industry is making strides: the first sale of marijuana grown, processed, tested and transported by state-licensed businesses was completed Oct. 25.
First medical marijuana retail sales happen in Michigan
First medical marijuana retail sales happen in Michigan
One gram of GG4 -- sold for $10 plus tax -- made history in Michigan Thursday.
The first licensed medical marijuana sale started at High Life Farms. It's known in some circles as its business name, VB Chesaning -- a 6,000-plant indoor grow and processing facility in Chesaning. It was tested by Iron Laboratories in Walled Lake, and transported by Motas Inc. to Healing Tree Wellness Center near 8 Mile and Gratiot Avenue in Detroit.
"There is product available," said Advain Oraha, general manager of Healing Tree Wellness Center and COO of its parent company, Green Skies, at the time of the sale. "I think the state has taken it into consideration. They know that it's ready."
But the supply chain is not yet complete for some shops, as a total of 12 growers has been licensed -- and all but one are for large-scale operations. Not all of them are operational yet. Meanwhile, 40 provisioning centers have gained licenses.
"It looks like we'll be out of product in two weeks, tops," said Derek Norman, a manager at Humblebee Products north of Grayling.
Humblebee has been open as a provisioning center for the past year under the state's emergency rules, and received its state license six weeks ago. For the past year, it's been selling marijuana supplied by caregivers. With a state license, they now have to sell marijuana grown, processed, tested and transported by licensed businesses in Michigan.
There's almost none to be found, Norman said.
"We reached out to all the current facilities," Norman said. "They won't have product until early 2019."
Without licensed marijuana, provisioning centers like Humblebee are in a bind.
Norman said they'll likely have to temporarily shut down and lay off staff until there is marijuana available to sell.
"We get calls from provisioning centers all the time and they don't know where to get product from," said Robert Teitel, president of Iron Laboratories.
In total, the board has approved 67 business licenses and denied 31 in a four-month span. More than 500 licenses are pending with the state.
Eight processing licenses, three secure transporter licenses and four safety compliance facility licenses have been granted. The board next meets Dec. 7.
The industry is starting from "ground zero" in Michigan, Teitel said.
"This is a big disadvantage that patients have as opposed to the other states," Teitel said.
Michigan still allows caregivers to grow plants and provide product to medical card-carrying patients. There are 43,056 caregivers in the state, and 297,515 patients, Harns said.
-- Amy Biolchini is the marijuana beat reporter for MLive. Contact her with questions, tips or comments at abiolch1@mlive.com. |
|
|
|
Fri Nov 30, 2018 5:32 am |
|
|
untanglingwebs
El Supremo
|
Unlicensed pot shops won't be shut down this year
Updated Nov 28; Posted Nov 28
By Amy Biolchini abiolch1@mlive.com
Despite repeated warnings earlier this year that medical marijuana shops would be shut down if they didn't have a license, state officials are now promising that won't be the case.
Tuesday officials from the Department of Licensing and Regulatory Affairs said they would not be taking any enforcement action before Dec. 31.
"While December 31 is not a new deadline, it does offer some degree of certainty to those 98 facilities who are temporarily operating with local approval and are still pursuing licensure under the Medical Marihuana Facilities Licensing Act," said David Harns, spokesman for LARA.
Judge stomps out state's effort to force new medical marijuana licensing deadline
Judge stomps out state's effort to force new medical marijuana licensing deadline
The judge said the state's licensing deadline was "arbitrary and capricious."
Earlier this fall regulators threatened to shut down 98 medical marijuana dispensaries operating without a license -- but Court of Claims Judge Stephen Borrello blocked that attempt.
Regulators are prohibited from setting any new deadlines for medical marijuana shops to become licensed under a separate order from Borrello. The state is still awaiting a final ruling from Borrello regarding its ability to set deadlines.
The Tuesday announcement from Andrew Brisbo, director of the state's Bureau for Medical Marihuana Regulation, came as a compromise between the state and the city of Lansing, who had sued the state over its latest attempt to impose a licensing deadline.
Brisbo made the announcement at the Joint Committee on Administrative Rules meeting, where the panel of legislators were approving permanent rules for medical marijuana facilities.
"Based upon the statement of the Director, which was confirmed on the record by State Senator Curtis Hertel, the City of Lansing and City Clerk are willing to stipulate to dismissal of the pending lawsuit against LARA regarding the October 1, 2018 Emergency Rule," Lansing City Clerk Chris Swope said in a statement Tuesday.
The city of Lansing also announced Tuesday that it had given its approval to 10 medical marijuana provisioning center applicants.
To date, 40 provisioning centers have received a state operating license. The Medical Marihuana Licensing Board next meets Dec. 7. |
|
|
|
Fri Nov 30, 2018 5:40 am |
|
|
untanglingwebs
El Supremo
|
According to the Journal map there are 2 area licensed provisioning centers:
Bigfoot Wellness
4045 E. Court Street
Burton
Five Star Relief
9286 N.Saginaw Street
Mt. Morris |
|
|
|
Fri Nov 30, 2018 5:45 am |
|
|
untanglingwebs
El Supremo
|
State introduces bill banning home-grown marijuana
Brianna Owczarzak, Jonathan Jackson Posted 2 hrs ago 0
GENERIC: Marijuana
Source: CBS
State lawmakers have introduced legislation that would ban home-grown marijuana.
On Thursday, Senate Majority Leader Arlan Meekhof introduced a bill that would add sweeping regulations to recreational marijuana.
“It’s a slap in the face to the people of Michigan, basically saying no,” said Patrick Frasik, owner of a medical marijuana dispensary in Bay City.
Earlier this month, he and 60 percent of other Michigan voters said yes to proposal one, which legalizes recreational marijuana and allows the growth of up to 12 plants in a person’s home.
Frasik said new legislation out of Lansing, which seeks to prohibit the growth of marijuana on personal property, would be a huge set back.
While medicinal clinics may not be affected by this bill, it could be an issue for homeowners.
“The reason why people voted yes on proposal one was because they wanted to have the option to grow at home. And in the future once we got the regulation set up for recreational facilities then they can come in and have regulated product,” Frasik said.
Mid-Michigan residents have mixed feelings on the bill.
“As far as opportunity for people to have access and then growing in homes around children, we live in environments now that are out of control. So even though it’s legalized, I don’t think that would be a great idea,” one resident said.
“For medical purpose, I could see the reason why they would need to do that. But just recreational, no,” another resident said.
To change the recreational marijuana law, it would require support from three-quarters of all legislators in the state House and Senate.
As unlikely as that may be, Frasik said it is still an issue that’s already been decided on.
“The voters were very clear on what they wanted. 60 percent of people wanted proposal one to pass. And the regulations in there were very clear too. That you were able to grow and possess,” Frasik said.
The bill has been referred to the Committee on Government Operations. |
|
|
|
Fri Nov 30, 2018 8:07 pm |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
