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| Medical Marijuana Dispensaries In Michigan>>> See our new Blog: Medical Marijuana: Questions and Answers [Updated July 2010] There has been
a
tremendous amount of confusion regarding marijuana dispensaries since passage of the
Michigan Medical Marijuana Act (November 2008). We have received numerous inquiries
regarding whether the new law allows marijuana dispensaries. Many of the
other medical marijuana states
allow medical marijuana to be transferred from caregiver to
patient by means of a third party dispensary, thus a California or Colorado patient can obtain
their medicine from a central dispensary instead of receiving it directly from their caregiver. The
dispensary operates as a marijuana "drugstore." Recently, numerous Michigan cities have passed local laws (ordinances) to prohibit medical marijuana dispensaries or to limit where a caregiver can cultivate. The discussion suggests that dispensaries must be allowed by the Medical Marijuana Act, otherwise these cities and townships would not pass laws to regulate them. However, simply because city councils and the news media use the term marijuana "dispensaries' means nothing. The Michigan Medical Marijuana Act does not Allow California Style Dispensaries.The Michigan Medical Marihuana Act does not allow or disallow marijuana dispensaries. The Act is remarkably silent on this issue. The stated purpose of the Michigan Medical Marijuana Act is to allow access to marijuana for patients that need it, by providing protection from criminal prosecution under state law. The Marijuana Act allows a patient to designate one caregiver to grow marijuana for them; a caregiver can have up to five qualified marijuana patients. Unlike other medical marijuana states, Michigan's law does not specify if a patient can purchase medical marijuana from a dispensary; no mention is made of how the transfer from caregiver to patient should occur. Likewise nothing in the Act allows nor prohibits a patient from buying their medicine from another patient or another caregiver. The Michigan Medical Marijuana Act does prohibit certain conduct in Section 7. For example the Act prohibits smoking marijuana in public, on school grounds, etcetera. The Act also prohibits a patient or caregiver from selling/giving marijuana to someone not allowed to use marijuana under the Act. Those who violate this section will have their marijuana identification cards revoked, and they can be charged with a 2-year felony. Recently, a registered caregiver who sold marijuana to non-patients was not charged with this section, but instead with the serious offense of Possession of Marijuana with Intent to Deliver, a 4-year felony under traditional criminal drug laws. Section 4(k) of the Michigan Medical Marihuana 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. Local Laws Ban - Regulate Distribution of Marijuana.The main concern is that marijuana grow houses and marijuana dispensaries will expand exponentially. Critics point to the proliferation and problems associated with grow houses and dispensaries in California. They fear the same thing will happen here. Many cities have passed moratoriums while they decide how they will regulate medical marijuana. Others have enacted de facto bans. Many Michigan communities want to limit how and where medical marijuana can be grown and distributed, while others simply want to prohibit it. Cities and townships have limited power to zone - and thus control - the type of activity that occurs on land within its borders. Thus, areas are designated residential and agricultural, while others are zoned commercial for shopping malls, grocery stores, office buildings, bars, strip clubs, farms, and factories. In July 2009, the City of Livonia, Wayne County, Michigan, passed a de facto ban on growing or selling medical marijuana within city limits. Although the ordinance does not mention marijuana, it prohibits any business from operating "in violation of state or federal law." Since marijuana remains illegal under federal law, the ordinance has the intended effect of prohibiting medical marijuana caregivers from growing or distributing within city limits. The City of Royal Oak proposed a 'pot zone' along the famous Woodward Avenue, but the proposal was later withdrawn after the chief of police protested. The City of Auburn Hills was the first to zone an area for medical marijuana growing and distribution. The City of Grand Rapids passed an ordinance which requires that marijuana caregivers register and obtain a city-issued business license. Each grow house must obtain electrical, plumbing, and mechanical permits, spillage of artificial lighting at night is prohibited, and a caregiver's grow location must be open for warrantless inspections by city inspectors, fire department, and the police, whenever someone is home. Not surprisingly, there has been stiff opposition to this ordinance. It remains to be seen when the Livonia, Grand Rapids, and similar local laws will be challenged in court as an infringement of the Medical Marijuana Act. Absent uniform state guidelines, local laws will vary dramatically and will provide headaches for years to come. It is Interesting to note that California's medical marijuana laws vary from county to county. The amount a patient or caregiver can possess in one county may well be illegal in another. Medical Marijuana Dispensaries in Michigan?Although the Michigan Medical Marijuana Act does not permit California type "Walgreen" dispensaries, it does not prohibit dispensaries in general. A Michigan dispensary will function differently than one in California. If for example, a caregiver wants his grow location to be private, nothing in the Michigan Medical Marijuana Act prohibits him/her from dispensing medical marijuana to a patient from an alternate location. Similarly, the Act does not prohibit caregivers and patients from banding together to grow medical marijuana from a shared location, thus reducing costs. Such an arrangement however, is rather problematic, as a violation by one of the co-op members would taint everyone else. Each caregiver would be wise to clearly mark each pot of pot (attempt at humor) with identifying information of the caregiver and the assigned patient. There is also the problem that a large grow operation could attract the attention of the federal government, which still considers pot a Schedule I drug. The grow area must be inside an "enclosed locked facility." What this means is less than clear. So long as the grow area is locked and secure, can it be located inside a greenhouse or a pole barn with a glass roof? What about in the middle of a field with chain link fencing and barbed wire? Only time will tell. Caregivers could easily reduce costs by splitting rent and utilities at a central dispensary location, where each caregiver could dispense medical marijuana to his qualifying patients. There are presently several dispensaries that are doing this. Does a caregiver have to dispense to his patient or can another caregiver or patient dispense on his behalf? This is a key question (see below). A marijuana dispensary opened in Ypsilanti. This dispensary is said to be a combination compassion club, senior center, coffee house, and gathering area, where medical marijuana can be smoked and transferred. There is nothing in the Act that would prohibit such a gathering area, but it is somewhat of a misnomer to label it a 'dispensary,' as this conjures up images of a Walgreen's drug store, where a patient walks in, shows their ID card, and walks out with their medicine. Can a Caregiver Distribute to any Patient? Can a Caregiver Share with Another Caregiver?The law is silent as to whether a caregiver can legally distribute medicinal pot to any registered patient, or whether they are limited to providing weed to their 5 patients. Since the intent of the Act is to make medical marijuana available to qualifying patients, there is a strong argument which favors allowing a caregiver to distribute medicinal marijuana to any qualified patient. The law is quiet on whether a caregiver can distribute marijuana to another caregiver, a patient to another patient, or a patient to a caregiver. There is nothing in the Act that allows or prohibits such transfers, so long as the transferee is eligible to use or possess medical marijuana. Again, since the intent of the Marijuana Act is to make medical marijuana available for hurting patients, it would seem that a caregiver who had plants that overproduced should be allowed to transfer it to another caregiver or patient whose efforts were unsuccessful. To require that a caregiver destroy a bountiful harvest seems counterintuitive. We are advised that member caregivers who supply a member dispensary that dispenses medical marijuana to member patients is already operational in several locations near Detroit. There is nothing in the Medical Marijuana Act that prohibits or allows such a collaboration. Anyone considering this option would do well to see what issues involving a joint growing collaboration or joint dispensing location have arisen in other medical marijuana states that have older marijuana laws and have had them tested and interpreted by the court system. These are uncharted waters and there are no sure answers. Until there is further guidance, is probably wise to be as conservative as possible. Those who decide to be a pioneer and blaze a trail must be willing to accept the inherent risks. There was a lot of heartache and suffering on the Oregon Trail. Drug Free 1000 Foot School Zones.Do NOT forget that federal law has a 1000 foot, "Drug Free Zone" around schools, playgrounds, public swimming pools, and more. The distance is measured "as the crow flies." Do not make the mistake of measuring the distance using MapQuest, Google Maps, or Yahoo! Maps, as these programs measure distance using public streets and public access roads. For more information about how to correctly measure 1000 feet click here and scroll down to the bottom of the page. The penalties are severe for federal drug crimes, including possession and manufacture of marijuana, that occur within the 1000 foot drug free zone. Marijuana remains illegal under the Federal Controlled Substances Act. The Michigan Medical Marihuana Act does NOT protect you from federal prosecution, which has severe penalties including property forfeitures. Michigan has its own version of the 1000 foot drug free zone around schools and other public facilities. Whether or not the Michigan Medical Marijuana Act trumps the state's 1000 foot drug free zone remains to be seen...stay tuned. 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 has spent considerable time researching medical marijuana and staying current with court decisions as new law is made. He is knowledgeable and experienced. He helps medical marijuana patients and primary caregivers assert the proper medical marijuana 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 or attempt to 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. |
