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Wednesday, August 31, 2016

The Michigan Dispensary Cartel Looks at Lame Duck Session to Pass State Controlled Medical Marijuana Program - by Ben Horner


     House Bill 5800 was introduced by Representative Lucido and referred to the House Judiciary Committee in August of this year and seeks to amend the Michigan Medical Marijuana Act (MMMA). The Bill would add the following:

(E) A PERSON SHALL NOT TRANSPORT IN A MOTOR VEHICLE
MARIHUANA OR USABLE MARIHUANA THAT THE PERSON OBTAINED FROM ANOTHER PERSON UNLESS IT IS IN A PACKAGE LABELED WITH ALL OF THE FOLLOWING:
  (1) THE NAME AND ADDRESS OF THE SUPPLIER.
(2) THE NAME OF THE PATIENT FOR WHOSE USE THE MARIHUANA OR USEABLE MARIHUANA IS OBTAINED.
(3) THE DATE THE PERSON OBTAINED THE MARIHUANA OR USABLE MARIHUANA FROM THE SUPPLIER.
(4) THE WEIGHT OF THE MARIHUANA OR USABLE MARIHUANA, EXCEPT 11 THAT IF THE MARIHUANA OR USABLE MARIHUANA IS COMBINED WITH A SUBSTRATE TO AID IN EFFECTIVE DELIVERY OF THERAPEUTIC COMPONENTS IN MARIHUANA, THE LABEL SHALL INDICATE THE GROSS WEIGHT AND THE NUMBER OF TREATMENT DOSES. THE LABEL MEETS THE REQUIREMENTS OF THIS SUBDIVISION IF IT INDICATES THE QUANTITY AT THE TIME THE MARIHUANA OR USABLE MARIHUANA WAS RECEIVED FROM THE SUPPLIER.
(F) SUBSECTION (E) DOES NOT APPLY TO PHARMACEUTICAL-GRADE MARIHUANA THAT IS REGULATED UNDER AND COMPLIES WITH ARTICLE 8 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.8101 TO 333.8511.
(G) A PERSON SHALL NOT SMOKE USABLE MARIHUANA IN OR UPON A MOTOR VEHICLE OR ANY SELF-PROPELLED VEHICLE DESIGNED FOR LAND TRAVEL. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS 24 OR A FINE OF NOT MORE THAN $500.00, OR BOTH.
     Senator Jones has been failing to Pass HB 4209, The Michigan Medical Marijuana Facilities Act, that has been paired with seed to sale tracking systems, third party secured transport for commercial state-licensed grows, and other drastic changes to the MMMA that would force caregivers out of the dispensaries. Senator Jones is known for passing a series of amendments to the MMMA back in 2012 that placed restrictions on home cultivation, meds in the trunk law, extra requirements for certifications and restrictions on caregivers with felonies. Senate Majority Leader Arlan Meekhof has refused to bypass the committee that Jones chairs and send the bills to the floor. Lobbying groups for marijuana dispensary groups in Washtenaw and Wayne County are hoping to pass this package of bills this November or December during the lame duck session. They claim that the idea of the possibility of full legalization according by means of one of the statewide petitions has pushed lawmakers to move on regulations for dispensaries and growing in Michigan.
     Caregiver groups and hydroponic stores are urging their people to stay in touch with their Senators and Representatives and tell them to vote against these changes to the MMMA. They are hoping when legislation is reintroduced next year, things are more favorable and inline with what the bills looked like when it was called The Michigan Medical Marijuana Provisioning Centers Act and the caregivers could transfer their overages to the dispensaries.