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Old 09-11-2016, 12:42 AM #1
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The End of Caregiving As We Know It In Michigan: Medical Marijuana Bills Pass Senate

The End of Caregiving As We Know It In Michigan: Medical Marijuana Bills Pass Senate


photo caption: Sen. Rick Jones holds his “Logic Brick” which is tilted so he can’t see all the holes in it.

https://thecompassionchronicles.com/2...s-pass-senate/

A good article written by Rick Thompson.

LANSING- Caregivers and dispensary owners, dust off those resumes and shine up those shoes, because you are probably going back to work in the mainstream business world very soon. Lansing and some of your friends passed a set of bills that will disallow many existing dispensaries, will not allow dispensaries to grow their own cannabis, and will outlaw ALL current transfers of medical marijuana from individual caregivers to the new licensed Centers.

Welcome to the very uncomfortable new world of medical marijuana in Michigan.

The Michigan Senate passed a set of five bills today. HB 4209 create a new dispensary law; several other bills passed, too- alterations to the penalties for selling cannabis in violation of the MMMA, one that creates a seed-to-sale tracking program, and one that says the new dispensary program doesn’t have to follow the same rules as other programs. The Michigan Cannabis Development Association has championed these bills; their spokesman, Willie Rochon, was quoted in MLive today in support of the bills.

READ THE CURRENT LANGUAGE OF HB 4209 HERE

Included in this batch is one bill most patients like- HB 4210, which gives patient protections to users and home producers of concentrates and medibles.

Let’s look at what the situation is across the state right now.

1. There are easily over two hundred dispensaries in operation across Michigan.

Before Detroit passed their ordinance regulating dispensaries, the city had more than 200 documented distribution centers. More than half of those seem to still be in business. Genesee County, including Thetford Township and Flint, has at least thirty. Ann Arbor and Ypsilanti carry about 20, there are approx. 30 in the western Wayne suburbs, the west side of the state has a few dozen and so does the top half of the Lower Peninsula, with maybe a dozen scattered across the Upper Peninsula. If that number is a surprise, you must appreciate how well-behaved those centers must be in order for them to operate without incident. That is a lot of well-behaved, unregulated medical marijuana distribution centers.

2. Some cities license them.

Flint, Detroit, Ypsilanti and others have crafted ordinances allowing these distribution centers to exist. In the absence of state law, these communities acted. In the case of 3rd Coast, in Ypsilanti, they have passed city inspection for five years in a row. In Flint, licenses have been issued for several years, and there are background checks required for employees. Cities know how to regulate the businesses within their own communities.

3. Caregivers and patients who grow transfer their overages to the dispensaries.

When a patient or caregiver’s garden yields more cannabis than their patient requires, a caregiver brings the extra cannabis (the overage) to a dispensary; if it meets their standards, they buy it. This provides multiple benefits to the consumer, it eases the process of supply and it defeats a supply line to the illegal market. This has been a standard of operation for the industry in general since the very first medical marijuana distribution centers opened in 2009. Although not specifically authorized by law, this situation is a hallmark of the self-regulated industry in Michigan.

Now, let’s look at what HB 4209 does.

1. It signals the end of unlicensed dispensaries.

Some of those 200 may- MAY- qualify for inclusion in the new world of medical marijuana, but there are no guarantees. This bill could be a go-ahead signal to law enforcement that raiding dispensaries is okay again. Some dispensary owners, like the members of the Michigan Cannabis Development Authority, have spent thousands and thousands of dollars trying to get this exclusionary program passed. They must be willing to sacrifice their current businesses because they believe- or, perhaps, have been promised- they would get one of the coveted dispensary licenses being issued by the state. Nobody knows for sure, but if it looks like a duck…

2. Dispensaries in cities where licenses already exist will have an easier time.

The decisions on who gets a license will all be made by a state-appointed board made up of cops, sheriffs, lobbyists, lawmakers and one patient/caregiver. In the original version of this bill, introduced in 2011 by Rep Callton and the MACC, all these decisions were done locally and there was no state involvement at all. Now, a local ordinance is necessary before a person can apply for a state license but the final decision is up to the state, not the municipality. The bills are completely flipped around in intent and execution from their original versions.

3. Licensed dispensaries can only take marijuana delivered to them in an armored truck

No more caregivers with backpacks. Those who have made a living growing and selling marijuana to dispensaries, get ready to go back to selling shoes or performing IRS audits. HB 4209 is filled with ways to push the regular people out of the medical marijuana industry. Want to work at a dispensary? You can’t be a caregiver. You have to give up your caregiver card even to apply for a position! No caregivers in the medibles, or cultivation, or testing, or dispensary industry. No caregivers allowed in the new medical marijuana world. Thanks, MCDA attorney Denise Pollicella. You helped create and pass this document that eliminates from employment the people with the most valid knowledge of the field.

Yes, I said armored truck. They are required to transport every gram. Under the Michigan medical Marihuana Act, you and I can carry up to 15 ounces in our car trunk, safely, with zero concern and under sanction of law, provided you are fully carded. Under the new Medical Marihuana Facilities Licensing Act, carrying even 1.5 grams of cannabis out of a grow house is a felony. The secure transport portion of this bill seems to be a gift from the Senate to Michigan Department of Transportation rich guy Ron Boji and others of his ilk; men with vast automotive distribution empires already established who can sweep in and make bank on every gram of marijuana sold.

The Lansing players who got the secure transport part of the bill inserted into HB 4209 are the smartest men in the game. Others make profit only once: a grower sells to a processor who sells to a dispensary, each making money only on the sale. The secure transport industry makes money taking cannabis from garden to oilman, then again to a medible manufacturer, then to a dispensary. Potentially three times or more the transport industry could be paid hauling around marijuana products- oops, I mean, three times the patient has to pony up extra cost to pay the transport industry to haul around what we normally carry in our car trunks. Thank you very much, MCDA, for advocating passage of a bill that creates advantage for millionaires and pain for sick people. All that extra expense is going to hurt patients. Hope the ill and injured forgive you when they are shopping in your dispensaries. I bet they will NOT.

What? You want to grow your own marijuana and use it to make something salable? Nope. Dispensaries cannot grow their own. Dispensary owners, partners and managers have strict rules about what they can and cannot have a financial interest in. So do medibles producers. if it doesn’t come from the armored truck, you can’t use it. And they will find out. Because…

4. The state is creating a HUGE PROGRAM (insert Trump voice)

Just like The Donald says, this program is HUGE. Huge, I tell you, and it’s gonna make Michigan law enforcement agencies great again.

Consider the opening statement of the bill where it says this will create a “statewide monitoring system for commercial marihuana transactions” which seeks to give police a way to verify registry identification cards, to track marihuana transfers and transportation by armored car, including date of purchase, price paid, quantity purchased. It tracks how much marijuana you have purchased, and will deny you the opportunity to buy more than the state decides you are allowed.

Soooo, each armored car is tracked as it makes its way around town? Who monitors all those signals? Then, every marijuana buy is entered into a computer? Each patient could make multiple purchases of different items. That makes for potentially dozens- hundreds- of data entries each day, for every center. That is thousands of data entries each and every day. Only a big government program can handle this amount of date adequately.

But it gets bigger and more cumbersome than that.

Growers have to track all marijuana plants, batches of dried cannabis, waste, transfers, sales, returns and more- all using unique transaction IDs. Sounds like a huge system with plenty of opportunities for failure? You bet! Thanks, Republicans, the party of small government. It was Rep. Kesto who introduced the seed-to-sale tracking bill and invited all this extra government reporting. More costs occur in the administration of the program.

At the end of the day, the bill for all of this is carried on the price of the end product, and that price comes out of the pocket of people deemed to be among the most ill in the entire state. Thank you, Senator Rick Jones, for turning a functional marijuana system into a thing people will bail out of. The very uncomfortable new world of medical marijuana in Michigan is a lot meaner now. It is not a welcome change.



Look for more analysis of HB 4209 from The Compassion Chronicles soon.
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Old 09-11-2016, 03:31 PM #2
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sounds like the State is getting ready to hand off the MMJ worries to big business.
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Old 09-11-2016, 04:02 PM #3
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Way to push most back underground MI!

The transportation industry will make a killing.

Sen Jones should take a look at these policies & compare them to his stupid logic brick...
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Old 09-11-2016, 05:00 PM #4
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No surprise, really. I think most of us who’ve been paying attention saw this coming.

I’ve read the bills. Which causes me to question this paragraph from the article:

Quote:
Originally Posted by TheMan13 View Post

From the article:

Yes, I said armored truck. They are required to transport every gram. Under the Michigan medical Marihuana Act, you and I can carry up to 15 ounces in our car trunk, safely, with zero concern and under sanction of law, provided you are fully carded. Under the new Medical Marihuana Facilities Licensing Act, carrying even 1.5 grams of cannabis out of a grow house is a felony. The secure transport portion of this bill seems to be a gift from the Senate to Michigan Department of Transportation rich guy Ron Boji and others of his ilk; men with vast automotive distribution empires already established who can sweep in and make bank on every gram of marijuana sold.
I don’t think this is accurate. I may be mistaken, but I don’t think the transportation clause extends to those patients/caregivers outside of the dispensary model. The way the author has written this, a patient would not even be able to transport their own meds... the bill is dispensary specific.
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Old 09-11-2016, 05:51 PM #5
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Quote:
Originally Posted by Shmavis View Post
I don’t think this is accurate. I may be mistaken, but I don’t think the transportation clause extends to those patients/caregivers outside of the dispensary model. The way the author has written this, a patient would not even be able to transport their own meds... the bill is dispensary specific.
It sounds like the current caregiver/patient thing may continue. Caregivers just won't be able to sell it to anyone at all.

The way I read it is that there is a new set of rules for the business side of things.
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Old 09-11-2016, 07:09 PM #6
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Earlier writings of HB 4209 (aka the Provisioning Center bill) codified MMMA "overages" into the MMJ legislative business model, whereas this writing (as lobbied) criminalizes the same as a 2 year felony.

The MMMA's (voter's) patient/caregiver business model will remain initially.

This is only one of many recent flips in this bills language (to serve lobbyists) that has me very concerned.
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Old 09-11-2016, 07:22 PM #7
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Quote:
Originally Posted by TheMan13 View Post
"HB 4209 is filled with ways to push the regular people out of the medical marijuana industry. Want to work at a dispensary? You can’t be a caregiver. You have to give up your caregiver card even to apply for a position! No caregivers in the medibles, or cultivation, or testing, or dispensary industry. No caregivers allowed in the new medical marijuana world. Thanks, MCDA attorney Denise Pollicella. You helped create and pass this document that eliminates from employment the people with the most valid knowledge of the field.
For nearly a decade now MMMA caregivers have risked everything to provide medicine to those in need. How is it reasonable that these heroes in particular be systematically banned from participation in this new legislative scheme? I just don't get it ...

Personally this recent language lobbied into this bill over the past year has me looking at our friendly NORML attorneys a bit differently, as if the failed MILegalize campaign hadn't. Seems like there is some disagreements among what that group is selling atm: https://mcdagroup.com/

Rick Thompson even calls out Denise Pollicella of of Cannabis Attorneys of Michigan by name in this article. Things are not looking good within our community currently. I'll be holding my breath these next couple of weeks.
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Old 09-11-2016, 07:40 PM #8
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Patients pay approx 150-200$ per ounce under the current self-regulated MMMA voter amendment market. What will be the cost to patients if this "reform"/regulation legislation is passed and after all lobbyist get theirs?
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Old 09-11-2016, 07:47 PM #9
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I believe the patient cost will be the same, other than it will be hard to find a caregiver to give out a free ounce every month it seems.

the thing with the Price staying the same though, everyone involved in the WORK aspect of it won't make nearly as much money as they should. It will all get "spread around" now... (to those who already have wealth and power).

Growing meds will become a $10/hr job that people work at to make huge profits for a corporation. The new American way.
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Old 09-11-2016, 10:16 PM #10
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just like in Cali this was an attempt to get out in front of recreational "legalization" and the bills are very similar.

probably the same lobbyists behind it.

the gravy train will halt soon. if they can pass this I'll bet they will do recreational through
this method in the next few years rather than wait for another ballot referendum and I'll bet there won't be any homegrown recreational.

fake recreational kills another one of the caregiver states with dispensaries.

Maine and Rhode Island will be the last 2 states after this, no?
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