Wo Women’s Council of Realtors Michigan Medical Marihuana Presentation By By: Cr Craig A. Ar Aronoff, , Esq. cr craig@ca cannabislegalgroup.co com www www.cannabislegalgroup.com (248) 541-2600 (248) 910-5863 cell
Wh Who am I? Craig Aronoff Born, raised and still live in West Bloomfield, MI Graduated Michigan State University in Dec. 1993 Detroit College of Law @ Michigan State University Dec 1997 Trial Lawyer, Foreclosure Attorney, Homeowner Advocate and Marijuana Lawyer Member of the State Bar of Michigan Real Property section and Marijuana Law Section A member of National Organization for the Reform of Marijuana Laws (NORML) and the National Cannabis Industry Association. Also involved in MI Legalize and the Marijuana Policy Project Past affiliate member of GMAR and WCR and taught co-ed for 4 years
Wh What’s the status around the country?
Wh What’s the status around the country?
Th Three New Medical Marijuana Laws 1. Amendments to the Michigan Medical Marihuana Act (MMMA) Initiated Law 1 of 2008 / MCL § 333.26421 et seq. 2. Marijuana Tracking Act Public Act 282 of 2016 / MCL § 333.27901 et seq. 3. Medical Marijuana Facilities Licensing Act (MMFLA) Public Act 281 of 2016 / MCL § 333.27101 et seq. Effective Dates ◦ Approved by Governor on September 21, 2016, effective December 20, 2016 ◦ Medical Marihuana Licensing Board appointed May 31, 2017 ◦ LARA to Accept License Applications on December 15, 2017
Mi Michigan Me Medical Ma Mari rijuana Act of 2008 Michigan recognizes medicinal benefits of marijuana The MMMA did NOT make marijuana legal! It created immunity from prosecution for two types of licensees.
Mi Michigan Me Medical Ma Mari rijuana Act of 2008 1. Patient ◦Prescribed medical marijuana by a physician ◦Grow 12 plants for personal use but cannot possess more that 2.5 oz. of usable marijuana ◦Or they may obtain medical marijuana from their assigned licensed caregiver
Mi Michigan Me Medical Ma Mari rijuana Act of 2008 2. Caregiver ◦ May grow 12 plants for five (5) licensed patients (60 total) ◦ If also a patient, a caregiver may grow an additional 12 plants for personal use ◦ Caregiver may not grow more than 72 plants at any time and no more than 2.5 usable oz. of marijuana per week per patient ◦ Or they may only transfer their marijuana to the assigned patient or another caregiver ◦ Must destroy all excess marijuana ◦ Must not let any other person tend to plants ◦ Can charge their patient no more than what is fair and reasonable to grow and deliver their medicine (NOT FOR PROFIT)
Am Amended Michigan Medical Marihuana Ac Act (MMMA) A) In Initiated ed Law 1 of 2008 / MCL § 333. 333.264 26421 21 et seq. Adds to the Definition of “Usable Marijuana” to now include “marijuana infused product.” • Topical Formulation • Tincture • Beverage • Edible Substance Similar Product Containing Usable Marijuana Intended for Human Consumption in a Manner Other Than Smoke Inhalation
Am Amended Michigan Medical Marihuana Ac Act (MMMA) A) 333.26427 Effective as of April 10, 2017 Section 7 of the Act: (c) Nothing in this act shall be construed to require any of the following: ◦ (3) A private property owner to lease residential property to any person who smokes or cultivates marihuana on the premises, if the prohibition against smoking or cultivating marihuana is in the written lease.
My Myths s of the MMMA MMMA 1. Dispensaries are legal. FALSE – the only legal transfer of medical marijuana under the MMMA, is between a patient and their licensed caregiver or between caregivers. Any dispensary operating is tolerated by the city and can get shut down by any law enforcement agency, at any time. 2. Caregivers can “donate” their overages to a dispensary FALSE – all “overages” or excess medical marijuana must be destroyed to stay compliant. 3. Caregivers can grow in a co-op or have someone else tend to their plants. FALSE – no one else can ever touch their plants.
Me Medi dical Ma Mari rijua uana na Facilities Licens nsing ng Act (MMF MMFLA) Public Act 281 of 2016 / MCL § 333.27101 et seq. Creates Five (5) New Types of MMJ Licenses in Michigan 1. Grower ◦ Class A: 1 to 500 Plants ◦ Class B: 500 to 1000 Plants ◦ Class C: 1,000 to 1,500 Plants 2. Processor (Extraction/Manufacturing) 3. Provisioning Center (Dispensary) 4. Secure Transportation 5. Safety Compliance Facility (Independent Testing Laboratory)
Ma Mari rijua uana na Tracking ng Act Public Act 282 of 2016 / MCL § 333.27901 et seq. Creates a Statewide Monitoring System to: ◦ Track Marijuana and Marijuana Product in Commercial Trade ◦ Monitor Compliance with Laws Authorizing MMJ Commercial Traffic ◦ Identify Threats to Health from Particular Batches of MMJ (Recall) ◦ Require Those in Commercial Trade of MMJ to Submit Certain Information for Entry into the System; ◦ Provide Remedies for Any Violation
Ma Mari rijua uana na Tracking ng Act Public Act 282 of 2016 / MCL § 333.27901 et seq. Purpose: • Prevent Fraud, Abuse and Unlawful/Prohibited Activities Associated with Trade of MMJ, and • Administer and Enforce MMFLA and MMMA.
Ma Mari rijua uana na Tracking ng Act Public Act 282 of 2016 / MCL § 333.27901 et seq. Establishes a Statewide Monitoring System for the “Seed to Sale” Tracking of Marijuana Statewide Tracking System = Internet-Based, Statewide Database that is Available on a 24-Hour Basis to: • Licensees, • Law Enforcement, and • Authorized State Departments and Agencies.
Ma Mari rijua uana na Tracking ng Act Pu Public Act t 282 of 2016 / MCL § 333. 333.2790 27901 1 et seq. For EVERY Sale or Transfer of MMJ, the State Monitoring System Will Track: Date, Time & Quantity System Will Verify, in Real Time: • Validity of Patient ID Cards, • Transfer Limits, and • Transfers Among Licensees.
Ma Mari rijua uana na Tracking ng Act Public Act 282 of 2016 / MCL § 333.27901 et seq. Statewide Tracking System also Receives and Integrates Information of Third-Party Inventory Control Required by the MMFLA: • All MMJ Plants, Products, Packages, Purchase Totals, Waste, Transfers, Conversations, Sales and Returns which are ALL Linked to Unique Identification Numbers • Track All Lot & Batch Information Throughout Entire Custody Chain • Track MMJ Plant, Batch and Product Destruction • Track Transportation of Product • Batch Recall Tracking • Receive Testing Results from Safety Compliance Facilities
Ma Mari rijua uana na Tracking ng Act Public Act 282 of 2016 / MCL § 333.27901 et seq. Receives and Integrates Information of Third-Party Inventory Control Required by the MMFLA (continued): Provide to the MMJ Licensing Department: 1. Total Daily Sales 2. Total MMJ Plants in Production 3. Total MMJ Plants Destroyed 4. Total Inventory Adjustments
Un Unregu gulated vs Regu gulated
Me Medi dical Ma Mari rijua uana na Facilities Licens nsing ng Act (MMF MMFLA) Public Act 281 of 2016 / MCL § 333.27101 et seq. Creates Five (5) MMJ Licenses in Michigan 1. Grower (500, 1,000 or 1,500 Plants) 2. Processor (Extraction/Manufacturing) 3. Provisioning Center (Dispensary) 4. Secure Transportation (Unique Among MMJ States) 5. Safety Compliance Facility (Testing)
Me Medi dical Ma Mari rijua uana na Facilities Licens nsing ng Act (MMF MMFLA) Public Act 281 of 2016 / MCL § 333.27101 et seq. Key Provisions of the MMFLA : • Authorizes Sales of MMJ Among Licensees • Transfers Made Solely by Licensed Secure Transporter • Enter All Transactions & Inventory Into Statewide Monitoring System • Limits on Common Ownership (Transportation and Testing) • Employee Qualifications – Background Check: Controlled Substance Felony within Past 10 Years (Rules May Require Employee License) • Liability Insurance: $100,000 • Qualifications for Ownership: o Criminal History (Felonies/Misdemeanors) o True Party of Interest - Direct/Indirect Ownership - Spouse
Me Medi dical Ma Mari rijua uana na Facilities Licens nsing ng Act (MMF MMFLA) Public Act 281 of 2016 / MCL § 333.27101 et seq. Medical Marijuana Licensing Board • 5 members appointed by the Governor • No more than 3 can be members of the same political party • Term of 4 years Board’s Duties: The licensing, regulating and enforcing a regulatory system established for the growth, processing, testing and transportation of medical marijuana under the MMFLA.
Me Medi dical Ma Mari rijua uana na Facilities Licens nsing ng Act (MMF MMFLA) Public Act 281 of 2016 / MCL § 333.27101 et seq. Administrative Rules and Regulations – Licensing Department & Board • Standards for facilities and equipment, including testing standards; • Operating regulations for each license (health, safety, security of product & facility) • Minimum qualification and restrictions for persons involved in the operation of MMJ facilities; • Standards for the cultivation, manufacturing, secure transportation, storage and sale of MMJ; • Packaging and labeling standards; • Marketing and advertising restrictions; • Maximum THC standards for infused products; • Waste management, quality control, and chain of custody standards; and • The administration of the statewide tracking of all MMJ transfers.
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