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AG Sessions Removes Obama Administration Regulation Regarding Prosecution of Federal Marijuana Laws. On Tuesday, Attorney General Jeff Sessions released a policy which directs local U.S. Attorneys to prosecute federal criminal offenses for cannabis law offenses, even in States where recreational and medicinal marijuana use has been approved by the voters. The new policy directive is problematic for a variety of reasons, and should create concern for people who utilize medical marijuana in Michigan, or to individuals who distribute it. Criminal Law Consequences. The policy change might lead to major challenges to the Cannabis industry, that has been steadily growing within the past decade. Up until the policy modification on Tuesday, an increasing amount of States opposed Federal policies and prohibitions on marijuana use for any reason, and have passed medical marijuana ordinances, as we have here in Michigan, or they have granted recreational usage of marijuana, as Colorado and Califo...

Thinking about beginning a Medical Marihuana Grow to make sure that you can give marijuana to the medical marihuana market? Are you a Medical Marihuana Act licensed caregiver that wishes to take your item commercial on a larger scale? Thanks to the Medical Marihuana Facilities Licensing Act, now you can do so legally, as long as you can successfully get a license from the State to do so. This can be an amazing opportunity with lots of brand-new owners seeing significant levels of profit and also success in the market. Nevertheless, if you make this decision, you do need to make sure that you get a Michigan commercial grow license. Failing to do so will certainly lead to your endeavor being, more than likely, illegal and also bring about court activity that will maim your organisation before it begins. Sadly, the Michigan commercial grow license application is a long, complex and costly process. Ask a medical marijuana attorney, and also they will inform you that you need to ensure that...

Detroit Medical Marijuana Update The past week has been a hectic one in the City of Detroit when it involves Medical Marijuana Facilities Licensing Act issues. The City application deadline for presently running facilities was February 15. The Wayne County Circuit Court's Chief Judge, Robert Colombo, Jr. issued a ruling pertaining to the voter initiatives and dispensary zoning requirements. Ultimately, the City issued a postponement on applications and approvals for new medical marijuana provisioning centers within the City of Detroit. Detroit MMFLA Deadline Comes and Goes: If you were a medical marijuana dispensary proprietor as well as you got on the City's accepted operating list, you were required to send your application to the State of Michigan Bureau of Licensing and Regulatory Affairs by February 15, 2018. That application also needed to be submitted with the City of Detroit for municipal attestation of operating approval by that date too. If you did not get your appli...

Caregivers and the DoDo Cannabis and extinct birds would seemingly never ever show up in any kind of conversation. Nonetheless, in talking to our marijuana clients, a number of them are asking about the viability of the Caregiver model, especially as it was pushed for many years. What many in the market have 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 lots of have recognized it for many years here in Michigan. While Caregivers will continue to have the ability 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 earnings, is coming to an end. What was the "Caregiver Model?" Under the old "Caregiver Model," a Registered Caregiver might grow up to seventy-two (72) mar...

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 ILLEGAL 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, ...

You might be thinking of starting 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 acquire municipal approval and a State issued operations license. "Provisioning Center" is the legally allowable term under Michigan's Bureau of Licensing and Regulatory Affairs, Bureau of Medical Marihuana Regulation, for what was previously referred to informally as a "dispensary." The existing guidelines no longer permit such companies to be referred to legally as "dispensaries" and the State requires that they be referred to as marihuana provisioning centers. A provisioning center is essentially a organisation where qualifying patients under the Michigan Medical Marihuana Act or the MMMA (M.C.L. 333.26421 et seq.) can come to buy medical marihuana for medical use. While a provisioning center can be a lucrative en...

The Bureau of Medical Marijuana Regulation is standing firm on their stance that all cannabis facilities that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will need to shut down, and will receive a cease and desist letter at that time. While the facilities are not mandated to close down, the State Bureau of Licensing and Regulatory Affairs has explained that any center that continues to operate after receipt of the cease and desist will likely not be given a license. Additionally, the State has set forth recommended Final Rules concerning Medical Marihuana Facilities licensing, which is going to permit or registered qualifying patients to receive house shipments from provisioning centers (with limitation, certainly) and also will likewise permit online purchasing. So, where does that leave registered caregivers, who were anticipating to be able to continue to be relevant to their patients until 2021? Traditional The old model for registered caregi...

Earlier 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 are in possession of wet marijuana that is in the drying out procedure, from prosecution. The Courts ruling in the case of People v. Vanessa Mansour determined that since wet cannabis that remained in the drying out procedure was not usable cannabis, possession of wet cannabis was not protected by the MMMA. The MMMA defines most of the terms of the act. The term usable marijuana is specifically defined in the MMMA. The act defines usable marijuana to imply the following: "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, however does not include the seeds, stalks, as well as roots of the plant. The Court found that since the act chose to use the word "dried" before the remaining components, that suggested that wet, undried cannabis was not a part of what the prote...