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| Medical Marijuana Dispensaries In MichiganThere has been much confusion, and we have received numerous inquiries, about opening a medical marijuana dispensary in Michigan. California law allows for medical marijuana to be legally sold to qualified medicinal patients from a storefront or dispensary. Instead of the patient receiving their supply directly from the caregiver, a California patient purchases his or her supply at a specified location (dispensary). Recently, several Michigan cities have debated and passed ordinances to
prohibit medical marihuana dispensaries. This leads to the conclusion that
medical marijuana dispensaries must be allowed, otherwise why would these
cities bother to pass laws regulating them? Hopefully this page will clear
up some confusion. The Michigan Marihuana Act does not Permit California Style Dispensaries.The Michigan Medical Marihuana Act does not per se allow Medical Marijuana Dispensaries. The Act simply says that a caregiver can legally possess and grow medical marijuana for up to five qualified medical marijuana patients. Inotherwords, unlike California, Michigan does not allow a patient to purchase medical marijuana at a local marijuana dispensary. Michigan law requires that a patient either grow the pot themselves, or have a designated caregiver grow it for them. So, a dispensary in Michigan will be very different than its counterpart in California. See discussion below. The Act allows a caregiver to possess and deliver 2.5 ounces of weed to his patient. A plain read of Section 4 suggests that a primary caregiver can possess 2.5 ounces and the qualified patient can possess 2.5 ounces, for a total of 5 ounces (however, be aware that prosecutors are arguing that a caregiver and their patient's joint total should be 2.5 ounces). A qualifying patient or registered caregiver who sells or gives marijuana to someone who is not a qualified patient under the medical Marijuana Act will have their marijuana identification cards revoked, and will also face a two-year felony. In addition, they will also face state criminal charges for possession, manufacture and/or distribution of marijuana. Section 4(k) of Michigan's Medical Marijuana Act states: (k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana. What local cities and governments seem to be trying to accomplish is to prohibit caregivers from growing or distributing (selling) medical marijuana to their patients within the city limits. Just because city council members and the media may mention the term 'dispensaries' means nothing -- dispensaries are NOT allowed (but see below). Federal Drug Free School Zones.Do NOT forget that federal law has a 1000 foot "Drug Free Zone" around schools, childcare centers, or daycare facilities. This distance is measured in a radial feet, also called: "as the crow flies." Do not make the mistake of measuring the distance using MapQuest, Google Maps, Yahoo! Maps, as these software programs measure distances using public streets and access roads. For more information about properly measuring 1000 feet, click here and scroll down the bottom of the page. Neither a patient nor a caregiver can use, possess, manufacture, nor grow any amount of marihuana within the 1000 foot Drug Free Zone without violating the Federal Controlled Substances Act. The Michigan Medical Marijuana Act does Not protect you from federal prosecution with its severe penalties and property forfeitures. Local Laws Ban Distribution of Marijuana.Many Michigan communities are trying to regulate and ban growing or selling medical marijuana within their jurisdictions. The focus is on the registered caregivers who will grow and sell medical marijuana. Some cities have passed moratoriums while others have enacted outright bans. The City of Royal Oak, Michigan proposed a 'pot zone' along the famous Woodward Avenue, but this proposal was later withdrawn after protest. Since the Michigan Medical Marihuana Act does not allow or disallow marijuana dispensaries, each city is somewhat free to pass its own local laws. The concern is that marijuana grow houses will expand exponentially. Critics point to the proliferation of marijuana dispensaries in California and fear the same problem will happen here. In July 2009, the City of Livonia (Wayne County) passed a de facto ban on growing or selling weed inside city limits. Although Livonia's ordinance does not even mention marijuana, it prohibits any business from operating "in violation of state or federal law." Since marijuana remains on the federal government's Schedule I list, this ordinance has the intended effect of prohibiting medical marijuana caregivers from growing or selling inside city limits. The City of Grand Rapids is reviewing an ordinance which will require that caregivers register and obtain a city-issued business license. Each grow house must then obtain electrical, plumbing, and mechanical permits, spillage of artificial lighting between 11:00 p.m. to 7:00 a.m. is restricted, and more troubling, require that the caregiver's grow location be open for warrantless inspections by building inspectors, fire department personnel, and the police whenever someone is present at or on the property. Absent uniform state guidelines, local laws will vary dramatically and will provide many headaches for years to come. Interestingly, California's medical marihuana laws also vary from city to city, and what is legal in one city or county may well be illegal in another. Medical Marijuana Dispensary?Although the Michigan Medical Marijuana Act does not permit California type dispensaries, if a marijuana caregiver wants his grow location to be secluded, nothing in the Act, assuming there are no local ordinances, prohibits him or her from dispensing medical marijuana to their medical patients from an alternate location The Act does not prohibit caregivers and patients from banding together to grow medicinal marijuana from a shared location and thus divide utilities and rent. Of course, such an arrangement would be problematic. Remember that the location has to be inside an "enclosed locked facility." Each caregiver or patient would be wise to clearly mark each pot of pot (lame attempt at humor) with identifying information of the caregiver and the patient. Caregivers could similarly reduce costs by splitting rent and utilities at a central dispensary location, where each caregiver could dispense medical marijuana to his qualifying patients. Such a collaboration, to our knowledge, has not yet been tested in Michigan, and would be fraught with potential problems. Anyone considering this option would do well to see what issues, if any, involving a joint growing location have arisen in California or other states before embarking on such an endeavor. Although news articles discussed a "marijuana dispensary" that opened in Ypsilanti, (near Ann Arbor), in reality the center is more of a combination compassion club, senior center, coffee house, and gathering area, where medical marijuana can be, smoked and transferred from caregiver to patient. As noted, there is nothing we can find in the Act that would prohibit such a gathering area, but it is a misnomer to label it a 'dispensary', as this conjures up images of a pharmacy or drug store where an eligible patient can show their marijuana ID card and buy medical weed. ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж ж Ever Wondered: How and Why Marijuana Become Illegal? Click for an informative journey.
Attorney Bruce Alan Block is a Grand Rapids, Michigan criminal lawyer, defense attorney. He helps medical marijuana patients and primary caregivers assert the proper defenses in court. Attorney Block handles cases where clients are accused of possession of marijuana, manufacture of marijuana, delivery of marijuana, possession with intent to deliver marijuana, use of marijuana, and with maintaining a drug house. If you are accused of a marijuana crime, put his years of experience to work for you. Call (616) 458-8585. Disclaimer: It is our hope that everyone will strictly adhere to the Michigan Medical Marihuana Act's requirements. Please understand that the purpose of this webpage is strictly informational; nothing on this website or this webpage are intended to suggest that you violate any state or federal law. Remember, marijuana remains strictly illegal under federal law and the penalties are severe. You are advised to seek your own personalized legal advice Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University. |
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Bruce Alan Block, PLC
Attorney and Counselor at
Law Home Page || Law Firm Overview || Medical Marijuana || Indecent Exposure || Drug Offenses || Contact Us The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for personalized advice regarding your individual situation. Copyright © 2010 Bruce Alan Block, PLC. All rights reserved. No claim as to government or other private works. You may reproduce materials at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Requests to reproduce any content should be made in writing to the above. |
