'Dispensary' is Disqualified
LANSING- LARA has banned the use of several words commonly associated with cannabis dispensaries. One of which is the term "dispensary" itself.The strict regulations around language are meant to create clarity for patients, according to David Harns - a spokesperson for Michigan's Bureau for Medical Marihuana Regulation. But considering the state has yet to approve a single license, one has to wonder where their priorities are?
"It's not really a change, it’s more of a clarification," Harns stated. "State law has always said the public health code defines who can use the term ‘dispensary’ and all the other words we put in the advisory."
Medical marijuana advocates aren't entirely convinced though.
"While changing the use of dispensary to ‘Medical Marihuana Provisioning Center’ is a minor one, it could create confusion for patients depending on what the state decides to call facilities that end up participating in the adult use market,” said David Mangone of Americans for Safe Access.
According to state law, a provisioning center licensed under the Medical Marihuana Facilities Licensing Act (MMFLA) may not refer to itself as a “dispensary” and may not use the word “dispensary” in its advertising. In addition, state law requires that Medical Marihuana facilities shall not use any of these terms in the advertisement of their medical marihuana business.
•pharmacy •CPhT
•pharmacist •apothecary
•Pharm.D •dispensary
•doctor of pharmacy •drugstore
•pharmacy intern •druggist
•pharmacy technician •medicine store
•licensed pharmacy technician •prescriptions
•certified •pharmacy technician •r.ph.
The Michigan Public Health Code (Section 333.17711) states that the listed words, titles, or letters – or a combination thereof, withor without qualifying words or phrases – are restricted in use only to those persons who are authorized under Part 177 of the Public Health Code – Pharmacy Practice and Drug Control– to use them in the manner prescribed in the code.
The MMFLA, Section 102, defines “marihuana facility” as a location at which a license holder is licensed to operate under the MMFLA. The MMFLA also defines "provisioning center" to mean a licensee that is a commercial entity that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients or registered primary caregivers. The term “provisioning center” includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers.
Cannabis Convictions to be Cleared?
Untold thousands of Michiganders could be in line for a second chance if voters decide to legalize the recreational use of marijuana in the Nov. 6 election.In some other states where recreational use of marijuana has been legalized, voters or lawmakers have decided to make it easier for people convicted of marijuana crimes to get their records expunged or sealed. And Michigan could be on the same path if a bill introduced last week by state Rep. Sheldon Neeley gets a hearing and is passed.
“I hope we will listen to the will of the people. If the November vote is loud and clear, we should take a good look at it and balance the playing field on the usage of marijuana in the state of Michigan,” said the Flint Democrat. “We definitely don’t want people to have a criminal record for a nonviolent crime that is now legal if it passes in November.”
This bill would only deal with misdemeanor convictions, such as use or possession of small amounts of marijuana as well as some cannabis growing. But under the legislation, judges “shall grant” requests for expungement of criminal convictions if the proposal is passed by voters and the convictions are no longer considered a crime under the legalization.
In the past five years, 117,123 Michiganders have been arrested and charged with misdemeanor marijuana offenses and 49,928 of those people have been convicted, according to statistics compiled by Michigan State Police from records supplied by county prosecutors and courts.
Nationally, according to figures compiled by the American Civil Liberties Union (ACLU), 8.2 million people were arrested for marijuana offenses between 2001 and 2010. African-Americans were three times more likely to be arrested for marijuana crimes as whites, according to the data, compiled from the FBI’s annual crime statistics.
Altogether, 3,670 people are either in prison, jail or on probation for felony marijuana convictions, according to the Michigan Department of Correction’s 2016 annual report of its inmate population. Some of those convictions are for high-level marijuana distribution charges, but others are for possession or use of marijuana. Neeley’s bill would allow some of those people to request an expungement of their conviction, but judges wouldn’t be required to grant those requests.
Not many marijuana offenders are locked up in county jails in metro Detroit. In Wayne County, 25 of the 1,725 inmates in the county jail are there on felony marijuana charges and no one is locked up on a misdemeanor pot charge, according to Undersheriff Dan Pfannes. Others may be there on marijuana crimes, but have other charges pending as well, he said. In Oakland County, seven of the 1,300 inmates are in jail on misdemeanor marijuana charges and four for felony crimes, said Undersheriff Mike McCabe.
“If you’re a nonviolent misdemeanor person, you don’t spend a significant amount of time in the Wayne County Jail,”Pfannes said.
The Coalition to Regulate Marijuana Like Alcohol, which spearheaded the petition drive that got the marijuana legalization on the November ballot, considered adding a clause that would have allowed for expungement of criminal convictions. California did the same thing in 2016 when voters there passed a referendum to legalize weed by a 57 percent to 43 percent margin.
But there was a fear that because the proposal would deal with more than one state law that it could become vulnerable to a legal challenge.
All of the Republican candidates for governor — Attorney General Bill Schuette, Lt. Gov. Brian Calley, state Sen. Patrick Colbeck and Saginaw Township doctor Jim Hines, as well as Speaker of the House Tom Leonard, R-Dewitt, and Sen. Tonya Schuitmaker, R-Lawton, who are running for attorney general, oppose legalizing marijuana, but they have said they would respect the will of the voters if the measure passes. Schuitmaker said it would make sense to expunge low-level convictions, but she would want to check with prosecutors first to see whether the original charge was more severe and pleaded down. None of the other GOP candidates were willing to address the expungement issue before the legalization vote is taken.
Ypsilanti medical marijuana facility seeks expansion
YPSILANTI- An Ypsilanti medical marijuana facility, who has an honest history of serving its ailing patients, is seeking expansion into a larger building to keep up with growing demand.The Patient Station, 539 S. Huron St., hopes to expand from its current 450-square-foot location into a 10,000-square-foot building next door - 569 S. Huron St.
One of the owners, Jim Namath, 51, said he opened The Patient Station in 2013 after his wife died from cancer. Namath said the facility was meant to be a support center for cancer patients but has grown into much more than that.
He said the he has received over 600 signatures from local residents in support of the expansion and hopes to be able to accommodate more customers.
"We've had a lot of support from the community really wanting us to get this bigger place," he said. "Some people have to wait outside because we can only have so many people inside at once.
Namath said another reason for the expansion would be to open a Compassion Center inside of it. The center would be for stage four cancer patients who use medical marijuana to ease their pain. Namath said he currently has 14 cancer patients, none of whom pays for The Patient Station's services.
"We never turn anyone away. We don't ask if they have money or don't have money," he said. "We know they have stage four (cancer) and we do our best to help them."
Namath added the possibility of legalizing recreational marijuana usage in the near future is another factor in wanting to expand.He said he is confident the planning commission will approve
the expansion.
The Patient Station is one of seven medical marijuana facilities in Ypsilanti.
The Bay Might Get Greener with 8 More Candidates On the Way
BAY CITY- The Commission considered applications for eight more provisioning centers, dotted across the city. If all applications are approved, it would bring the total number of approved dispensaries in the city to 13. One grow facility license has been accepted so far. All applicants still need to get approval from the state and pass an inspection by the city before openingfor business.
Here are the company names and locations that the City Commission considered late last month:
Green Dot Holding/Green Essence, 800 N. Henry Street
Bay Area Relief, 312 S. Henry Street
KTC Industries, dba Happy Life, 300 Center Avenue, Suite 102
1600 Broadway, LLC/Bay Area Relief, 1600 Broadway
Mouhammed El-Khatib/Holistic Bay City, 821 Washington Avenue
Dorayd Bacall/Knox of Bay City, 512 Saginaw Street, Suites 101 & 104
Cynthia Anderson/East Bay Management, 712 Washington AvenueLisa Azar, 1020 N Johnson Street
In December 2017, Bay City commissioners approved an ordinance to allow medical marijuana facilities to operate within the city limits. Bangor, Hampton, Pinconning, Gibson and Kawkawlin townships have approved similar ordinances.
Bay City and Kawkawlin Township limited the number of provisioning center licenses in their municipalities at 25 -- an amount that officials in neighboring Bangor Township say is too many. Bangor has issued 15 provisioning licenses, its maximum allowed number. Bay City Deputy Clerk Jamie McFarland said the city has received 25 provisioning center applications for review and currently isn't accepting anymore as officials work through those documents.
