Stay Abreast of Laws Regarding Medical Marijuana
Those operating Marijuana dispensaries anywhere in the United States struggle to keep them legal in the face of ever-changing state and federal laws. Even when the laws stay static, they are often very complex and hard to fathom. Michigan is no exception to this difficult situation. Dispensaries in the Great Lakes state have to know the law backwards and forwards to ensure no violations are made. There are many state officials who do not approve of the legalization of marijuana, and they are looking for any excuse to shut down a dispensary. The best way to avoid this is to understand medical marijuana policy in Michigan from all angles.
The History of Medical Marijuana in Michigan
In 2008, 63% of Michigan residents voted to legalize medical marijuana. Michigan was the thirteenth state to do so. Later that year, laws were enacted to create a system dispensaries and their patients must abide by. Only patients with debilitating medical conditions qualify for medical marijuana cards. It is important to note that recreational use of marijuana in Michigan has not been decriminalized. According to CBS News, the exceptions to this are the cities of Detroit and Flint.
The Laws for Patients
It is important for those operating dispensaries in the state of Michigan to understand the laws for patients as well. Some state officials look for reasons to shut down dispensaries, and if a dispensary is serving large numbers of patients that are violating the law, they may come under scrutiny. All patients must have a valid medical marijuana cards. To get these, they are required to obtain a recommendation from a doctor that they have an established relationship with. They then fill out an application, which is either approved or denied by the state. Approved patients are allowed a maximum of two and a half ounces of marijuana at one time. They are also allowed to grow up to twelve plants at one time.
The Laws for Dispensaries
Dispensaries in the state of Michigan have more difficulties with the state government than many of their counterparts in other states. We talked with Hydroworld about this topic and they explained, “They have to be non-profits, which is a law Michigan shares with many other states. However, there is a difficulty unique to Michigan. In 2013, the Michigan State Supreme Court ruled that medical marijuana patients cannot buy marijuana from shops or other patients.” While this law may appear to outlaw dispensaries, it actually plunges them into a legal gray area. Under the terms of the court’s ruling, patients may grow their own marijuana or have it grown for them by one of the state’s thousands of licensed caregivers.
Keeping a Dispensary Legal
It may be difficult to operate a marijuana dispensary in the state of Michigan while obeying the law, but it is possible. The person who actually grows the marijuana must be a caregiver licensed with the state of Michigan. They must grow the marijuana themselves and give it to their patients and only their patients. To serve a greater number of patients, it would be advisable for a dispensary to consist of multiple caregivers working with each other and providing marijuana to their own patients. It may be difficult to find a retail space in some areas due to zoning laws, but the dispensary could be operated out of a residence.
Sources:
http://detroit.cbslocal.com/2012/11/07/voters-in-michigan-cities-back-marijuana-issues/
http://www.huffingtonpost.com/2013/02/08/michigan-medical-marijuana-dispensaries-supreme-court_n_2646213.html
