Legal Status Of Dispensaries In Michigan

[WhatIf420]

I am new to this forum so pardon me if this subject has already been beat to a pulp.  I am a card carrying medical marijuana patient from out of state and will soon be moving back to Michigan.  While visiting MI this month I will be making a purchase at a dispensary under the reciprical agreement for out-of-state card holders.  Apparently dispensaries are legal in Michigan now - right?  Where do dispensariers get their marijuana - caregivers?  Not able to follow this issue very closely, I am confused about Michigan's law is regarding dispensaries.  Thanks for your help! 

Edited July 6, 2014 by WhatIf420

[bobandtorey]

Welcome to the site

 

 Apparently dispensaries are legal in Michigan now - right?  IMHO i do believe they are i have no proof of them being legal  and the new Bills are still in Lansing and one of them will make them more legal then they are right now  some have already opened up some have been open from day one and some owner have already been jailed and some still may be jailed because they where raided a few years ago and are still inn Court

 

hope this helps

[trichcycler]

dispensaries are illegal in MI, but ignored by some municipalities, just like some other criminal activities are. They get their wares from the cheapest supplier of course.

The only risk you take buying at one is the information you leave behind may be seen by a law enforcement officer when the place gets raided, no worries though.

 

welcome

[trichcycler]

selling to more than the five people named on your caregiver cards remains illegal, even if you have a neon pot leaf in your window. It does no good for anyone to cloud the issue in this matter.

[bobandtorey]

Thanks last i heard Leo can and has already gotten it or if they need it the Lansing 7 case Lawyers where trying to keep it out of Court and we lost that battle long ago IMHO

[trichcycler]

lol @ "more legal than they are already"  it's no wonder some folks end up in legal trouble with our Act.

[trichcycler]

what are you talking about?   it did not become legal for us to sell to more than five patients at one time, and only the five we have cards for. what else is there to consider?  where are you getting the opinion that dispensaries are now legal ? specifically?

[bobandtorey]

tolerated would be a better word i should of used

[trichcycler]

tolerated better than legal ?   um, yeah ! big difference in meanings.

 

keep in mind crack houses are also tolerated, some for years at a time, yet it remains illegal to sell crack at all, even in a crack house, even when tolerated.

[bobandtorey]

what are you talking about?   it did not become legal for us to sell to more than five patients at one time, and only the five we have cards for. what else is there to consider?  where are you getting the opinion that dispensaries are now legal ? specifically?

 

It is my own opinion 

[bobandtorey]

tolerated better than legal ?   um, yeah ! big difference in meanings.

 

keep in mind crack houses are also tolerated, some for years at a time, yet it remains illegal to sell crack at all, even in a crack house, even when tolerated.

agreed 

[WhatIf420]

....just as thought....clear as mud...thanks anyway....should be ok if a put the goods in a lock-box though - that ought to make it legal as frig, right?

[trichcycler]

lock box? frig? ......  neither of these are mentioned in our marijuana laws and I'm afraid will not "make it legal:.    best to read the laws yourself for best results.

at the mi.gov/lara link. good luck

[trichcycler]

 

what are you talking about?   it did not become legal for us to sell to more than five patients at one time, and only the five we have cards for. what else is there to consider?  where are you getting the opinion that dispensaries are now legal ? specifically?

 

It is my own opinion

 

it would be more appropriate for you to say it is your opinion that dispensaries should be legal. You personally know dispensaries are not

legal I believe. Have you posted that selling to more than to five of your own patients is illegal? Have you posted in the forum that dispensaries are illegal ?

I'm not giving you a hard time brother, but to say you think they are legal as an opinion is ludicrous.

[bobandtorey]

it would be more appropriate for you to say it is your opinion that dispensaries should be legal. You personally know dispensaries are not

legal I believe. Have you posted that selling to more than to five of your own patients is illegal? No ! never will never did       Have you posted in the forum that dispensaries are illegal ? No ! i have not

I'm not giving you a hard time brother, but to say you think they are legal as an opinion is ludicrous.  i'am Just waiting on the  head lines from the news papers / E-mails 

 

  I only have a feeling inside that the Bill / Bills has  all ready passed and once again we are the last to know what they say in them

 

this is only my own opinion and no one told me to type it i did it on my own 

 

Peace

 

 

Thanks again

[trichcycler]

gotcha. I have the feeling there are more issues at hand that would need to be addressed before a free for all dispensary law passes. extractions, provisions, patient numbers,  for example.   imo

[GregS]

Regardless whether dispensaries are legal or not, patients are protected in obtaining cannabis from any source. There is little risk for them unless they exceed possession limits or otherwise violate the law in any of the following ways:

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008

 

333.26427 Scope of act; limitations.

 

 

7. Scope of Act.

Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

(b) This act shall not permit any person to do any of the following:

(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.

(2) Possess marihuana, or otherwise engage in the medical use of marihuana:

(A) in a school bus;

(B) on the grounds of any preschool or primary or secondary school; or

© in any correctional facility.

(3) Smoke marihuana:

(A) on any form of public transportation; or

(B) in any public place.

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

(5) Use marihuana if that person does not have a serious or debilitating medical condition.

© Nothing in this act shall be construed to require:

(1) A government medical assistance program or commercial or non-profit health insurer to reimburse a person for costs associated with the medical use of marihuana.

(2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.

(d) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution shall be punishable by a fine of $500.00, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marihuana other than use undertaken pursuant to this act.

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

The only other things that you can be charged with is having cannabis while in a vehicle that is not locked in a trunk or in an enclosed case (think eyeglass case) out of reach of the driver if said vehicle has no trunk (think saddlebags or the back of an SUV), and it is illegal to provide it to anyone not qualified to use it.

 

Sorry about the unnecessary crap from some of our less than bright patrons, but this is the interwebs. I hope this answers your question. Enjoy Michigan. It is a great state.

Edited July 7, 2014 by GregS

[trichcycler]

 op specifically wanted to know "Legal status of dispensaries" in MI. As stated he already is aware he can "make a purchase, but is concerned with their legality, and where they get their medicine from. I definitely thought it significant that one of the original members of this forum believes that dispensaries are now legal. We all may have missed something that he caught, and I for one would gladly give him the opportunity to explain his findings, or to clear up a misunderstanding.

 

Calling members  "less than bright" is insulting and unnecessary. We are all confused at some point, even yourself, if not even for the title of this thread.

 

 

peace

[Indigro]

Correct me if wrong on this point, but wasn't aware it is 'illegal', in that there isn't a specific law saying as much.

 

The sc ruling struck down mma protections for that one particular model of operating, but not all disoensariep of any sort.

 

Granted the wiggle room is less w the changes in the mma, but even it doesn't say 'no dispensaries at all'.

 

Am I wrong in my understanding? (asking sincerely)

[Chauncy Gardner]

Correct me if wrong on this point, but wasn't aware it is 'illegal', in that there isn't a specific law saying as much.

 

The sc ruling struck down mma protections for that one particular model of operating, but not all disoensariep of any sort.

 

Granted the wiggle room is less w the changes in the mma, but even it doesn't say 'no dispensaries at all'.

 

Am I wrong in my understanding? (asking sincerely)

You are correct. You are probably also just as confused about this law as the rest of us are.

 

It seemed real clear and easy to understand at its inception, but the prohibitionists swooped in and muddied the water for all of us. They have accomplished something though: they have made us question our own understanding of the law and thereby have made us uber cautious about our interactions with "The Devil Weed". Be smart and be safe.

[Highlander]

Correct me if wrong on this point, but wasn't aware it is 'illegal', in that there isn't a specific law saying as much.

 

The sc ruling struck down mma protections for that one particular model of operating, but not all disoensariep of any sort.

 

Granted the wiggle room is less w the changes in the mma, but even it doesn't say 'no dispensaries at all'.

 

Am I wrong in my understanding? (asking sincerely)

Well, we can't go all obtuse in the style of our esteemed colleague, Peanutbutter, and stab a flag in the sand and say "a dispensary is a building, and how could a building be illegal?" 

 

So we can slice and dice the term "dispensary" any way we like, but the common use has come to mean a place where any patient can show up and buy meds.  The City of Davison just approved a "dispensary" where the proprietor claims to only be selling to five registered patients.  But who in the MMJ community considers such a place of limited patronage a "dispensary?"

 

But please don't focus on what the law doesn't disallow.  The law itself is pretty clear as have been the case law rulings that follow......the MMMA provides exceptions to prosecution against existing laws (Public Health Code).

 

It seems that a lot of people fall into a trap where they feel that if an action isn't specifically made illegal under then MMMA, then it must be OK.  But they are looking at the wrong side of the coin. The MMMA makes exceptions to prosecution under existing law, which mean that you need to follow those exceptions to the letter or lose your protections. 

[Highlander]

You are correct. You are probably also just as confused about this law as the rest of us are.

 

It seemed real clear and easy to understand at its inception, but the prohibitionists swooped in and muddied the water for all of us. They have accomplished something though: they have made us question our own understanding of the law and thereby have made us uber cautious about our interactions with "The Devil Weed". Be smart and be safe.

 

Actually, it was pretty clear even before we voted on it.  12 plants and 2.5 oz per patient....5 patients per caregiver.  No protection for caregivers selling to the 6th patient.  It really isn't confusing and never was. 

[Highlander]

After reading a recent post, I'll revise/add to my previous comment.  It seems we have a newbie here who doesn't understand what it means to possess MMJ....as in he seems to think that the amount he is transporting is the amount he possess, yet the quantity of MMJ stored at home might not count.  So, yeah, I suppose there are instances where someone might be confused....but when it comes to complying with any law, you really can't expect to assert the defense of "I tried to follow the law according to a 5th-grade understanding." 

[GregS]

Newspapers are written to a fifth-grade reading level, to inform the populace. At what educational/literacy level must one function in order to understand law?

Sixth grade?

 

More seriously I found it requires a clear understanding how things work. The couple of acid trips I took helped me out. I will enjoy some mushrooms in the near future. The most compelling book I have read is "Zen and the Art of Motorcycle Maintenance." I further found that good grades in 100 level English is the least that is necessary. There are the traditional angles, to include managed fields of study, and then there is the opportunity for self learning. I have no degree, but do have more than an hundred credits across a wide range of subjects. Being disabled affords me the opportunity for further reading and study. I like to read history, philosophy, and sociology particularly. As a kid I would take an encyclopedia off the shelf to look something up. Several hours later almost half of the bound books were spread out on the living room floor. The web is all of that on steroids. The whole of human knowledge is no further than your monitor. I have Dicken's "Tale of Two Cities" in another open window now. I am reading William James' "Varieties of Religious Experience" as time permits, and "The Ingenious Gentleman Don Quixote of La Mancha" as a diversion. The only two things that matter in life are having fun and learning. Having fun is not as accessible to me as it once was, but my time is still well spent. 

Edited July 8, 2014 by GregS

[t-pain]

the courts definition of possess is crazy. twisting the english language that far is absurd.

 

and just where is the definition of possess  ? is it in blacks law dictionary ? michigan bench book ?

consructive possession? crazyness.