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Marijuana Prosecution Policy Change

AG Sessions Eliminates Obama Administration Regulation Regarding Prosecution of Federal Cannabis Regulations. On Tuesday, Attorney General Jeff Sessions issued a policy that directs local U.S. Attorneys to prosecute federal criminal offenses for marijuana law offenses, even in States where recreational and medicinal cannabis usage has been approved by the voters. The new policy directive is problematic for a number of reasons, and ought to cause worry for individuals who utilize medical cannabis in Michigan, or to individuals who distribute it. Criminal Law Consequences. The policy modification might pose serious difficulties to the Marijuana industry, that has been steadily growing within the past decade. Up until the policy revision on Tuesday, a growing amount of States opposed Federal guidelines and prohibitions on cannabis usage for any reason, and have passed medical marijuana statutes, as we have here in Michigan, or they have granted recreational use of cannabis, as Colorado an...

10 Things You Need To Know Before Opening A Marihuana Provisioning Center

You might be thinking of opening a marihuana provisioning center in Michigan. Now, after the passage of the Medical Marihuana Facilities Licensing Act or the MMFLA (M.C.L. 333.27401 et seq.) that is possible, but only if you obtain municipal approval and a State issued operations license. "Provisioning Center" is the legally acceptable term under Michigan's Bureau of Licensing and Regulatory Affairs, Bureau of Medical Marihuana Regulation, for what was formerly referred to colloquially as a "dispensary." The current guidelines no longer permit such businesses to be referred to legally as "dispensaries" and the State requires that they be referred to as marihuana provisioning centers. A provisioning center is basically a company where qualifying patients under the Michigan Medical Marihuana Act or the MMMA (M.C.L. 333.26421 et seq.) can come to purchase medical marihuana for medical use. While a provisioning center can be a successful venture, th...

October 31, 2018 Deadline for Caregivers and The Changing Marihuana Dynamic in Michigan

Caregivers and the DoDo Marijuana and extinct birds would seemingly never ever show up in any kind of conversation. However, in speaking to our marijuana clients, most of them are inquiring about the stability of the Caregiver model, specifically as it was pushed for several years. What several in the sector have actually referred to as the "Caregiver Model" is going the way of the Do-Do bird on October 31, 2018. Halloween this year will certainly be the extinction event for the caregiver model as several have actually known it for years here in Michigan. While Caregivers will certainly continue to be able to grow and offer to their registered patients, and for themselves, if they are likewise registered qualifying patients, the "gray market" where they were selling their overages, and making a fairly good revenue, is coming to an end. What was the "Caregiver Model?" Under the old "Caregiver Model," a Registered Caregiver can grow up to seventy-t...

Wet Cannabis Still Unlawful Per MI COA

Previously this month, the Court of Appeals, in a split choice, figured out that the Michigan Medical Marijuana Act does NOT protect caregivers or patients who remain in possession of wet marijuana that is in the drying out procedure, from prosecution. The Judiciaries ruling in the case of People v. Vanessa Mansour figured out that because wet cannabis that remained in the drying out procedure was not usable marijuana, possession of wet cannabis was not protected by the MMMA. The MMMA defines many of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to suggest the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant. The Court found that because the act chose to use the word "dried" before the remaining components, that meant that wet, undried marijuana was not a part of what the ...

Proposition One Passed! What's Next? What's Legal?

Proposition One Passed On November 6, 2018, Michigan became the tenth state to legislate the leisure use of marihuana by its residents. The vote passed by a considerable margin and makes Michigan the only State in the Midwest that has actually allowed recreational use of marijuana. Now, we need to consider what happens next, and individuals need to be clear about what's legal today, and what's changing in the near future. Please note: Despite The Fact That MICHIGAN HAS PASSED PROPOSAL ONE AND THE STATE WILL ALLOW POSSESSION OF MARIHUANA UNDER PARTICULAR SCENARIOS IT IS STILL IL legal UNDER FEDERAL LAW. You must consult with an attorney if you have any questions about how the conflict in between State and Federal law might affect you. What's Next? Now that Proposition One has passed, what occurs now? Well, firstly, the recreational use of cannabis in its variety of usable types will now be allowed, however within limits and legal limitations. Before that can happen, however...