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Hb 4271 Distribution Bill


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#1 Hayduke

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Posted 20 May 2013 - 11:14 AM

The first hearing will be this Thursday at 9:00 am before the House Judiciary....


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#2 Celliach

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Posted 20 May 2013 - 11:31 AM

Thanks!



#3 motorcitymeds

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Posted 20 May 2013 - 11:46 AM

The first hearing will be this Thursday at 9:00 am before the House Judiciary....

can you please break down what this bill entails.  I know everytime I rea done of them It leaves me confused wondering what the fux are they trying to do.

 

I bet it is those CHUMPS at the Dispensaries trying to pass some more BS to cut out all the CG;s so theyh can legally monopolize shiet so they can fatten up their pockets and keep it like the Tobacco industry.!!



#4 peanutbutter

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Posted 20 May 2013 - 11:47 AM

The first hearing will be this Thursday at 9:00 am before the House Judiciary....

 

Thank you for posting this.



#5 peanutbutter

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Posted 20 May 2013 - 11:48 AM

I bet it is those CHUMPS at the Dispensaries trying to pass some more BS to cut out all the CG;s so theyh can legally monopolize shiet so they can fatten up their pockets and keep it like the Tobacco industry.!!

 

Well .. the first item they want covered is staying out of jail.



#6 solabeirtan

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Posted 20 May 2013 - 12:07 PM

Well .. the first item they want covered is staying out of jail.

perhaps a bit devisive? Its called

 

"A bill to regulate medical marihuana provisioning centers and

other related entities"

 

I think you are putting the donkey,[a] behind the cart  [b] under the cart [c] in the cart.... hmmm ???



#7 peanutbutter

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Posted 20 May 2013 - 12:41 PM

perhaps a bit devisive? Its called

 

"A bill to regulate medical marihuana provisioning centers and

other related entities"

 

I think you are putting the donkey,[a] behind the cart  [b] under the cart [c] in the cart.... hmmm ???


Are you really trying to say they want to be in jail?



#8 solabeirtan

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Posted 20 May 2013 - 01:19 PM

Hardly. Nobody needs to be in Jail over cannabis, less its for stealing it.

The point was: the First thing they want.

That first thing IS:

the Provishioning $enter$ .

Thank You, PB.

 

Hey Im with the man from the D on this one NS*...

 

It seems like a separate act to me? As long as it doesnt interfere with P/Cs and their own grow  rights. I dont see a problem.  Das da bottom line bro.....



#9 Hayduke

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Posted 20 May 2013 - 01:43 PM

http://www.legislature.mi.gov/(S(0q1fncyyotvbblinylpybz55))/mileg.aspx?page=getobject&objectname=2013-HB-4271

 

here is the url to the official bill.

 

They are allowed unlimited cultivation, and they may transfer unlimited amounts between provisioning centers.  So they do not need anyone's overage.  And according to Rep Callton a couple weeks ago, he is aware that the Michigan Medical MJ Act will not allow ANY legal transfers to provisioning centers.

 

I personally do not oppose dispensaries.  But this bill sucks, and as written it will be one I fully intend to testify on.  Prolly written testimony is my likely avenue, as rumor has it the "people allowed" to testify will be tightly controlled.

 

hmmm, why do you think that is?


Edited by Hayduke, 20 May 2013 - 01:49 PM.


#10 solabeirtan

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Posted 20 May 2013 - 02:25 PM

Seems to fly in the Face of the Feds criteria on illegal grows? ehhh?



#11 solabeirtan

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Posted 20 May 2013 - 02:28 PM

HOUSE BILL No. 4271

 

February 19, 2013, Introduced by Reps. Callton, McMillin, Pettalia, Bumstead, Foster, Daley, Irwin, Dillon, Stanley, Hovey-Wright, MacMaster, Ananich, Stallworth, Cavanagh, Singh, Yonker and Potvin and referred to the Committee on Judiciary.

 

     A bill to regulate medical marihuana provisioning centers and

other related entities; to provide for the powers and duties of

certain state and local governmental officers and entities; to

provide immunity for persons engaging in certain activities in

compliance with this act; to prescribe penalties and sanctions and

provide remedies; and to allow the promulgation of rules.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"medical marihuana provisioning center regulation act".

 

     Sec. 2. As used in this act:

 

     (a) "Debilitating medical condition" means that term as

defined in section 3 of the Michigan medical marihuana act,

MCL  333.26423.

 

     (b) "Excluded felony offense" means a felony involving illegal

 

drugs. Excluded felony offense does not include a conviction for

 

activity allowed under the Michigan medical marihuana act or this

 

act, even if the activity occurred before the enactment of this act

 

or the Michigan medical marihuana act.

 

     © "Marihuana" means that term as defined in section 3 of the

 

Michigan medical marihuana act, MCL 333.26423.

 

     (d) "Medical marihuana" means marihuana for medical use as

 

that term is defined in section 3 of the Michigan medical marihuana

 

act, MCL 333.26423.

 

     (e) "Medical marihuana provisioning center" or "provisioning

 

center" means a commercial entity located in this state that

 

acquires, possesses, cultivates, manufactures, delivers, transfers,

 

or transports medical marihuana and sells, supplies, or dispenses

 

medical marihuana to registered qualifying patients, directly or

 

through the patients' registered primary caregivers. Provisioning

 

center includes any commercial property where medical marihuana is

 

sold to registered qualifying patients and registered primary

 

caregivers.

 

     (f) "Michigan medical marihuana act" means the Michigan

 

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.

 

     (g) "Municipality" means a city, township, or village.

 

     (h) "Paraphernalia" means drug paraphernalia as defined in

 

section 7451 of the public health code, 1978 PA 368, MCL 333.7451,

 

that is or may be used in association with medical marihuana.

 

     (i) "Provisioning center agent" means a principal officer,

 

board member, employee, or operator, or any other individual acting

 

as an agent of a provisioning center.

 


     (j) "Registered primary caregiver" means a person who has a

 

valid, unexpired registry identification card as a primary

 

caregiver or who satisfies the criteria listed in section 9(b) or

 

© of the Michigan medical marihuana act, MCL 333.26429, and

 

possesses the documentation that constitutes a valid registry

 

identification card under that section.

 

     (k) "Registered qualifying patient" means a person who meets

 

any of the following requirements:

 

     (i) Has a valid, unexpired registry identification card as a

 

qualifying patient.

 

     (ii) Satisfies the criteria listed in section 9(b) or © of

 

the Michigan medical marihuana act, MCL 333.26429, and possesses

 

the documentation that constitutes a valid registry identification

 

card under that section.

 

     (l) "Registry identification card" means that term as defined

 

in section 3 of the Michigan medical marihuana act, MCL 333.26423.

 

     (m) "Safety compliance facility" means an entity that tests

 

marihuana produced for medical use for contaminants or potency.

 

     (n) "Safety compliance facility agent" means a principal

 

officer, board member, employee, operator, or agent of a safety

 

compliance facility.

 

     (o) "Seedling" means a marihuana plant that has no flowers, is

 

less than 12 inches in height, and is less than 12 inches in

 

diameter.

 

     (p) "Usable marihuana" means the completely dried leaves and

 

flowers of the marihuana plant but does not include the seeds,

 

stalks, nondried leaves, or roots of the plant. Any cooking mixture

 


or preparation used to prepare marihuana infused ingestible or

 

topical products is not usable marihuana, if the ingestible or

 

topical product has or will have the amount of actual marihuana

 

plant material used in its preparation clearly marked on its

 

packaging.

 

     (q) "Visiting qualifying patient" means a patient who is not a

 

resident of this state or who has been a resident of this state for

 

less than 30 days and who possesses a registry identification card,

 

or its equivalent, that was issued under the laws of another state,

 

district, territory, commonwealth, or insular possession of the

 

United States and that allows the use of medical marihuana by the

 

patient.

 

     Sec. 3. (1) Except as otherwise provided in this act, if a

 

provisioning center has been granted any applicable required

 

municipal registration or license and is operating in compliance

 

with this act and any applicable municipal ordinance, the

 

provisioning center and the provisioning center agents acting on

 

its behalf are not subject to any of the following for engaging in

 

activities described in subsection (2):

 

     (a) Criminal penalties under state law or local ordinances.

 

     (b) State or local civil prosecution.

 

     © Search or inspection, except for an inspection authorized

 

by the municipality.

 

     (d) Seizure.

 

     (e) Any sanction, including disciplinary action or denial of a

 

right or privilege, by a business or occupational or professional

 

licensing board or bureau.

 


     (2) Activities that are exempt from regulation and sanctions

 

under subsection (1) include all of the following:

 

     (a) Purchasing or receiving marihuana seeds to grow medical

 

marihuana from visiting qualifying patients, registered qualifying

 

patients, registered primary caregivers, or provisioning centers.

 

     (b) Purchasing or receiving medical marihuana, including

 

seedlings, from 1 or more other provisioning centers if purchasing

 

or receiving medical marihuana from the provisioning center is not

 

prohibited by the municipality where the provisioning center is

 

located.

 

     © Purchasing or receiving medical marihuana from a

 

registered qualifying patient or a registered primary caregiver if

 

purchasing or receiving medical marihuana from a registered

 

qualifying patient or registered primary caregiver is not

 

prohibited by the municipality where the provisioning center is

 

located and if the amount purchased does not exceed the registered

 

qualifying patient's or registered primary caregiver's medical

 

marihuana possession limits under the Michigan medical marihuana

 

act.

 

     (d) Cultivating or manufacturing medical marihuana.

 

     (e) Possessing or manufacturing paraphernalia.

 

     (f) Possessing or processing medical marihuana produced by the

 

provisioning center or obtained pursuant to subdivision (a) or (b)

 

on the provisioning center premises or while the medical marihuana

 

is being transported pursuant to this section.

 

     (g) If not prohibited by municipal law, transporting medical

 

marihuana, including seedlings, between the provisioning center and

 


another provisioning center or a safety compliance facility.

 

     (h) Transporting or delivering medical marihuana or

 

paraphernalia to the residence of a registered qualifying patient

 

or a registered primary caregiver if transportation and delivery

 

are not prohibited by the municipality in which the transportation

 

and delivery occur.

 

     (i) Supplying, selling, dispensing, transferring, or

 

delivering medical marihuana, paraphernalia, or related supplies

 

and educational materials in compliance with the procedures and

 

limitations detailed in section 7(11) to (13).

 

     Sec. 3a. An entity that, on the effective date of this act, is

 

operating in this state as a provisioning center, is operating and

 

continues to operate in compliance with this act, and is not

 

prohibited by any applicable municipal ordinance may continue to

 

operate as a provisioning center under this act. An entity

 

described in this section is considered a provisioning center under

 

this act, and the entity and the agents acting on its behalf are

 

eligible for the immunity provided in this act and are subject to

 

the penalties, sanctions, and remedies prescribed or provided in

 

this act.

 

     Sec. 4. (1) Except as otherwise provided in this act, a safety

 

compliance facility that has been granted any applicable required

 

municipal registration or license and is operating in compliance

 

with any applicable municipal ordinance and this act is not subject

 

to any of the following for engaging in activities described in

 

subsection (2):

 

     (a) Criminal penalties under state law or local ordinances.

 


     (b) State or local civil prosecution.

 

     © Search or inspection, except for an inspection authorized

 

by the municipality.

 

     (d) Seizure.

 

     (e) Any sanction, including disciplinary action or denial of a

 

right or privilege, by a business or occupational or professional

 

licensing board or bureau.

 

     (2) Activities that are exempt from regulation and sanction

 

under subsection (1) include all of the following:

 

     (a) Acquiring or possessing medical marihuana obtained from

 

registered qualifying patients, registered primary caregivers, or

 

provisioning centers.

 

     (b) Returning the medical marihuana to the registered

 

qualifying patient, registered primary caregiver, or provisioning

 

center that delivered the medical marihuana to the safety

 

compliance facility.

 

     © Transporting medical marihuana to or from a registered

 

qualifying patient, registered primary caregiver, or provisioning

 

center.

 

     (d) Possessing medical marihuana on the safety compliance

 

facility's premises for testing, if the medical marihuana was

 

obtained pursuant to subdivision (a) or (b).

 

     (e) Receiving compensation for actions permitted pursuant to

 

this section and municipal law.

 

     Sec. 5. (1) A municipality may prohibit the operation of

 

provisioning centers or safety compliance facilities within the

 

municipality. A provisioning center is not exempt under section 3

 


from state criminal and civil penalties if it operates in a

 

municipality that prohibits provisioning centers. A safety

 

compliance facility is not exempt under section 4 from state

 

criminal and civil penalties if it operates in a municipality that

 

prohibits safety compliance facilities.

 

     (2) A municipality may enact an ordinance to impose and

 

enforce additional local requirements on provisioning centers or

 

safety compliance facilities. A municipality may require and issue

 

a registration or license to a provisioning center or safety

 

compliance facility and may regulate operations and impose civil or

 

criminal penalties for the violations of the local ordinance. A

 

municipality may charge a registration or licensing fee for a

 

provisioning center or safety compliance facility that does not

 

exceed the costs to the municipality of regulation, licensing,

 

testing, and inspection.

 

     (3) A provisioning center or safety compliance facility

 

located in a municipality that requires a registration or license

 

is exempt under section 3 or 4 from criminal penalties only if the

 

provisioning center or safety compliance facility holds that

 

license or registration.

 

     (4) A municipality may require, as a condition of registration

 

or licensure, that a provisioning center or a safety compliance

 

facility provide results of testing of its medical marihuana and

 

medical marihuana products for quality control, purity,

 

contaminants, or any other analysis to protect the health and

 

safety of registered qualifying patients and to assure compliance

 

with this act and an ordinance adopted by the municipality as

 


described in this section.

 

     Sec. 6. (1) The exemptions for a provisioning center or safety

 

compliance facility under section 3 or 4 apply only if the

 

indicated activities are carried out in compliance with this act.

 

     (2) Except for the Michigan medical marihuana act, all other

 

acts and parts of acts inconsistent with this act do not apply to

 

the use of medical marihuana as provided for by this act.

 

     Sec. 7. (1) Unless explicitly allowed by a municipal ordinance

 

that was in effect before the effective date of this act, a

 

provisioning center or a safety compliance facility shall not be

 

located within 1,000 feet of the property line of a preexisting

 

primary or secondary school.

 

     (2) A provisioning center shall not share office space with a

 

physician.

 

     (3) The premises of a provisioning center shall have a

 

security alarm system that is enabled when a provisioning center

 

agent is not present.

 

     (4) A provisioning center shall not sell, transfer, or

 

dispense a marihuana-infused product for use as medical marihuana

 

unless it is labeled with both of the following:

 

     (a) The weight of marihuana contained in the product.

 

     (b) The words "WARNING: This product contains marihuana. For a

 

registered qualifying patient's medical use only." or substantially

 

similar text.

 

     (5) A provisioning center shall not advertise medical

 

marihuana for sale on a billboard, television, or radio. The

 

department of licensing and regulatory affairs may promulgate rules

 


restricting advertising of medical marihuana. The rules shall not

 

prohibit appropriate signs on the property of a provisioning

 

center, internet websites for a provisioning center or registered

 

primary caregiver, listings in business directories or telephone

 

books, listings in trade or medical print or online publications,

 

or advertising the sponsorship of health or not-for-profit charity

 

or advocacy events.

 

     (6) A provisioning center or safety compliance facility shall

 

not knowingly employ an individual who has been convicted of an

 

excluded felony offense during the immediately preceding 10-year

 

period or who is under 21 years of age. A provisioning center or

 

safety compliance facility shall perform a background check on an

 

individual before he or she is offered employment to verify that he

 

or she has not been convicted of an excluded felony offense during

 

the immediately preceding 10-year period.

 

     (7) A provisioning center shall maintain records listing each

 

individual employed by the provisioning center, including the

 

beginning employment date and the date a background check was

 

performed.

 

     (8) A provisioning center shall not allow on-site consumption

 

of medical marihuana, except that a provisioning center agent or

 

employee who is a registered qualifying patient may be permitted to

 

use a medical marihuana-infused topical product.

 

     (9) A provisioning center shall not dispense more than 2.5

 

ounces of useable marihuana in any 10-day period to a registered

 

qualifying patient, directly or through his or her registered

 

primary caregiver.

 


     (10) A provisioning center shall ensure compliance with the

 

dispensing limit under subsection (9) by maintaining internal,

 

confidential dispensing records that specify the amount of medical

 

marihuana dispensed to each registered qualifying patient and

 

registered primary caregiver and whether it was dispensed directly

 

to the registered qualifying patient or the registered primary

 

caregiver. Each entry shall include the date and time the medical

 

marihuana was dispensed. Entries shall be maintained for at least

 

90 days. For any registered qualifying patient or registered

 

qualifying caregiver in possession of a registry identification

 

card, a record shall be kept using the patient's or caregiver's

 

registry identification card number instead of the patient's or

 

caregiver's name. Confidential dispensing records under this act

 

are subject to reasonable inspection by a municipal employee

 

authorized to inspect provisioning centers under municipal law to

 

ensure compliance with this act, but may be stored off-site.

 

Confidential dispensing records under this act are exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246. Except as otherwise required by a court order, a

 

provisioning center shall not disclose confidential dispensing

 

records to any person other than a municipal employee performing an

 

inspection in compliance with this subsection or to a provisioning

 

center agent.

 

     (11) A provisioning center agent shall not dispense, transfer,

 

or sell medical marihuana to an individual knowing that the

 

individual is not a registered qualifying patient, registered

 

primary caregiver, or provisioning center agent working on behalf

 


of a provisioning center that is not prohibited from operating or

 

obtaining medical marihuana from other provisioning centers under

 

municipal law.

 

     (12) Before medical marihuana is dispensed or sold from a

 

provisioning center, in addition to complying with subsection (13),

 

a provisioning center agent shall do 1 of the following:

 

     (a) Verify that the individual requesting medical marihuana

 

holds what the provisioning center agent reasonably believes to be

 

a valid, unexpired registry identification card.

 

     (b) Require the individual requesting medical marihuana to do

 

all of the following:

 

     (i) Certify that he or she is a qualifying patient who

 

submitted a valid, complete application for a registry

 

identification card under the Michigan medical marihuana act at

 

least 20 days earlier.

 

     (ii) Certify that, to the best of his or her knowledge, this

 

state has not denied the application described in subparagraph (i)

 

or issued a registry identification card.

 

     (iii) Present a copy of the completed registry identification

 

card application and proof of receipt by the state department that

 

processes medical marihuana registry identification card

 

applications at least 20 days before the date of the requested sale

 

or transaction.

 

     © If the individual requesting medical marihuana indicates

 

that he or she is a provisioning center agent, make a diligent,

 

good-faith effort to verify that the individual is a provisioning

 

center agent for a provisioning center that is allowed to operate

 


by a municipality.

 

     (13) Before medical marihuana is dispensed or sold from a

 

provisioning center, a provisioning center agent shall make a

 

diligent, good-faith effort to determine that the individual named

 

in the registry identification card or other documentation

 

submitted under subsection (12) is the individual seeking to obtain

 

medical marihuana, by examining what the provisioning center agent

 

reasonably believes to be valid government-issued photo

 

identification.

 

     (14) An individual who is under 21 years of age or who has

 

been convicted of an excluded felony offense during the immediately

 

preceding 10-year period shall not serve as a provisioning center

 

agent or safety compliance facility agent. An individual who has

 

not maintained a residence in this state for 2 years or more shall

 

not serve as a principal officer, board member, or operator of a

 

provisioning center or of a safety compliance facility.

 

     (15) A provisioning center agent shall not, for monetary

 

compensation, refer an individual to a physician.

 

     (16) A provisioning center or safety compliance facility shall

 

not permit a physician to advertise in a provisioning center or

 

safety compliance facility or to hold any financial interest in or

 

receive any compensation from the provisioning center or safety

 

compliance facility.

 

     (17) A provisioning center agent or safety compliance facility

 

agent shall not transport or possess medical marihuana on behalf of

 

the provisioning center or safety compliance facility in or upon a

 

motor vehicle or any self-propelled vehicle designed for land

 


travel unless all of the following conditions are met:

 

     (a) The agent possesses a document signed and dated by a

 

manager or operator of the provisioning center or safety compliance

 

facility that employs the agent, stating the agent's name, the date

 

the medical marihuana will be transported, the approximate amount

 

of medical marihuana transported, and the name of the provisioning

 

center or safety compliance facility from which the medical

 

marihuana is being transported.

 

     (b) The medical marihuana is located in 1 or more of the

 

following:

 

     (i) An enclosed locked container, such as a safe, briefcase, or

 

other case.

 

     (ii) The trunk of the vehicle.

 

     (iii) A space that is inaccessible from the passenger

 

compartment of the vehicle.

 

     Sec. 8. (1) A provisioning center that violates section 7(1)

 

or (2) is responsible for a state civil infraction and may be

 

ordered to pay a civil fine of not more than $5,000.00. A city or

 

county in which the provisioning center or safety compliance

 

facility operates in violation of section 7(1) or (2) may petition

 

the court for an injunction to close the provisioning center or

 

safety compliance facility.

 

     (2) A person who violates section 7(3) to (10), (15), or (16)

 

is responsible for a state civil infraction and may be ordered to

 

pay a civil fine of not more than $1,000.00.

 

     (3) A person who transfers medical marihuana in violation of

 

section 7(11) to (13) or who works in violation of section 7(14) is

 


not exempt from arrest, prosecution, or criminal or other penalties

 

under section 3 or 4.

 

     (4) A person who violates section 7(17) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 30 days or

 

a fine of not more than $500.00, or both.

 

     Sec. 9. (1) A municipality may establish procedures to suspend

 

or revoke a registration, license, or other permission to operate

 

if a provisioning center knowingly or negligently allows medical

 

marihuana to be dispensed to an individual who is not a registered

 

qualifying patient or registered primary caregiver or if a

 

provisioning center or safety compliance facility commits multiple

 

or serious violations of this act or local ordinances.

 

     (2) This act does not require the violation of federal law and

 

does not give immunity from prosecution under federal law.

 

     (3) This act does not prevent federal enforcement of federal

 

law.

 

     Sec. 10. (1) Except as otherwise provided in this act, a

 

visiting qualifying patient, registered qualifying patient, or

 

registered primary caregiver who supplies, sells, transfers, or

 

delivers marihuana seeds to a provisioning center that is

 

registered, licensed, or otherwise allowed by the municipality in

 

which it operates in compliance with this act is not subject to any

 

of the following for engaging in that activity:

 

     (a) Criminal penalties under state law or local ordinances.

 

     (b) State or local civil prosecution.

 

     © Search or inspection, except for an inspection authorized

 

by the municipality.

 


     (d) Seizure.

 

     (e) Any sanction, including disciplinary action or denial of a

 

right or privilege, by a business or occupational or professional

 

licensing board or bureau.

 

     (2) Except as otherwise provided in this act, a registered

 

qualifying patient is not subject to any of the inspections or

 

sanctions listed in subsection (1)(a) to (e) for any of the

 

following:

 

     (a) Purchasing or acquiring not more than 2.5 ounces of usable

 

marihuana from 1 or more provisioning centers within a 10-day

 

period.

 

     (b) Supplying, selling, transferring, or delivering medical

 

marihuana to a provisioning center that is registered, licensed, or

 

otherwise allowed by the municipality in which it operates if all

 

of the following requirements are met:

 

     (i) The medical marihuana was produced by the registered

 

qualifying patient or registered primary caregiver.

 

     (ii) The municipality in which the provisioning center operates

 

allows the transfer of medical marihuana from a registered

 

qualifying patient to a provisioning center.

 

     (iii) The amount of medical marihuana transferred does not

 

exceed the amount of medical marihuana the registered qualifying

 

patient is allowed to possess under the Michigan medical marihuana

 

act.

 

     (3) Except as otherwise provided in this act, a registered

 

primary caregiver is not subject to any of the inspections or

 

sanctions listed in subsection (1)(a) to (e) for any of the

 


following:

 

     (a) Purchasing or acquiring from 1 or more provisioning

 

centers not more than 2.5 ounces of usable marihuana in a 10-day

 

period on behalf of a registered qualifying patient who has

 

designated the registered primary caregiver on his or her

 

application to the state department administering the medical

 

marihuana program under the Michigan medical marihuana act.

 

     (b) Supplying, selling, transferring, or delivering medical

 

marihuana to a provisioning center that is registered, licensed, or

 

otherwise allowed by the municipality in which it operates if all

 

of the following requirements are met:

 

     (i) The medical marihuana was produced by the registered

 

primary caregiver and is excess medical marihuana above the amount

 

necessary to satisfy the needs of the registered qualifying

 

patients the primary caregiver is designated to serve.

 

     (ii) The municipality in which the provisioning center operates

 

allows the transfer of medical marihuana from a registered primary

 

caregiver to a provisioning center.

 

     (iii) The amount of medical marihuana transferred does not

 

exceed the amount of medical marihuana the registered primary

 

caregiver is allowed to possess under the Michigan medical

 

marihuana act.


Edited by solabeirtan, 20 May 2013 - 02:31 PM.


#12 SFC

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Posted 20 May 2013 - 02:36 PM

I would love to be there for this one, sucks I cannot be. I would encourage any of you with the time to be there. This is a big f'ing deal. Fact is tho, thru this meeting it is going to end up being made clear that 4271 cannot co-exist outside the MMMA, meaning it WILL need 75%.  And I don't see that happening.



#13 TheHarvester

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Posted 20 May 2013 - 03:27 PM

For our Legal Experts....

 

How would this Bill, if passed directly effect the relationship of CGs and PTs? What would be the differences between their relationship now versus post implementation? 



#14 Malamute

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Posted 20 May 2013 - 03:32 PM

Well, they can pass it, but it will be useless since pts and cg's cannot legally sell to a dispensary.  The only way for a dispensary in this bill to acquire cannabis legally is to grow it for themselves. 

 

 It has been said that cultivation will be removed from the bill,.. in which case,... dispensaries cannot get cannabis from anywhere legally.  *shrug*

 

And they(dispensaries) wrote this bill for themselves!!!!

 

What idiots I swear.

 

 We do not want such incompetent fools trying to write law.  They know not what they do, nor the horrible consequences of opening the door of local regulation of commercial operations with inspections, fees etc etc and actually just forbidding commercial operations.  And with that, let me remind people that Caregivers(patients who grow for others) are now being considered to be "Home Occupations"(commercial).

 

 You can all add up all your own 2+2's.  :-)

 

 
 



#15 OG Fire Beaster

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Posted 20 May 2013 - 05:24 PM

Cue the usual misrepresentations and falsities.

If it passes, how is it that patients and caregivers will not be able to transfer to the PC as described in the bill language? It wont allow patients and cgs to transfer outside of what they are allowed to do now, with the exception of transferring to a PC. The MMMA is a separate law. This does not effect the MMMA. If you are concerned about being classified as commercial then don't transfer to a PC. Or move to a community that is more friendly and wants the added economic activity.


Edited by OG Fire Beaster, 20 May 2013 - 05:25 PM.


#16 zapatosunidos

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Posted 20 May 2013 - 05:33 PM

How will municipalities tell the difference between "regular" patients and caregivers, growing for themselves, or five patients or less, and a "commercial" patient or caregiver? (one that provides extras to the dispensary)

 

Are the provisioning centers going to simply share the lists of providers with municipalities?



#17 Malamute

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Posted 20 May 2013 - 05:35 PM

Caregivers are and will be labeled as a "home business".

 

The MMMAct specifically doesn't allow any registered person to transfer to anyone, except a Cg to their 5 registered patients. Period.  How are they suddenly going to be allowed to transfer to an outside source which goes against the specific language of the Act?  Is there anything in the MMMAct that allows a patient to transfer to a dispensary?  Is there anything in the Act that prevents a patient from transferring to a dispensary?  Are there any court cases that specifically state a pt or Cg cannot transfer outside of said relationship?

 

 Even the Rep's understand this bill is unworkable.  But5 they are more than happy to take your money.

 

So yes,... I am curing the misrepresentations and falsities about this bill.



#18 OG Fire Beaster

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Posted 20 May 2013 - 05:46 PM

Mal

It is separate legislation. It allows for things that the MMMA does not. The MMMA does not allow PCs. This does. So your saying that if this bill passes then the MMMA will prevent PCs from opening?

 

Z

In my part of the state there are no issues with zoning, or the threat of being labeled a commercial operation. Not sure how to answer your question Zap. The only place I have even heard of zoning problems are on this board. Does 4271 not specify that the records are confidential. Does HIPPA not still apply?


Edited by OG Fire Beaster, 20 May 2013 - 05:49 PM.


#19 Hayduke

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Posted 20 May 2013 - 06:00 PM

the MMMA says specifically it trumps any other bill, and additionally it specifies (post McQueen) who a caregiver or patient may transfer to.  Even Rep Callton and their lobbyist admit that the mmma trumps their bill and a transfer is ILLEGAL from a patient or caregiver to a provisioning center.  So fantasize away OG but I have spent the afternoon talking to the involved parties.  Have you??  Or is this just one more sack of sh*t being thrown out to confuse people?  HIPPA has nothing to do with any of this.  That sounds like some kind of stupid Joe Cain crap.  

 

Other options are being worked on, that is true, but none have a clear path of making clarity to this discrepancy.

 

fact....

 

I am not Mal and don't speak for him, though he is a dear friend.

 

What are you trying to ask or say?


Edited by Hayduke, 20 May 2013 - 06:01 PM.


#20 OG Fire Beaster

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Posted 20 May 2013 - 06:13 PM

Hay

 

The MMMA Trumps any other bill that conflicts with what it allows. How would 4271 conflict with the MMMA? The MMMA would stand as it is if 4271 passes. I'm not seeing the issue. 4271 adds additional allowed activities. The MMMA does not say anything about marijuana needing to be in a container while being transported, yet somehow that bill passed and was implemented.

 

Identifying medical information has nothing to do with HIPPA? Ok.

 

So is this not a place to discuss these things?

 

EDIT: removed unnecessary statement of what the sack of sh*t actually is.


Edited by OG Fire Beaster, 20 May 2013 - 06:22 PM.





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