The Bureau of Medical Marijuana Regulation is persevering on their position that all marijuana facilities that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will have to shut down, and will get a cease and desist letter at that time. While the centers are not mandated to close down, the State Bureau of Licensing and Regulatory Affairs has made clear that any center that continues to run after receipt of the cease and desist will most likely not be given a license. Further, the State has stated suggested Final Rules concerning Medical Marihuana Facilities licensing, which is going to allow or registered qualifying patients to receive home deliveries from provisioning centers (with limitation, certainly) and also will likewise permit online purchasing. So, where does that leave registered caregivers, that were anticipating to be able to stay relevant to their patients up until 2021?
Traditional Model
The old model for registered caregivers was quite basic. You were permitted to grow up to twelve plants for each client. You could have five patients, aside from yourself. If the caregiver was also a patient, they could likewise cultivate twelve plants for personal usage too. So, a caregiver could grow an overall of seventy-two marihuana plants. Many caregivers created far more usable marihuana from those plants than they could use for patients and personal usage. The caregivers would then sell their excess product to medical marihuana dispensaries.
Under the emergency rules, marihuana dispensaries that were running with municipal authorization, but that had actually not gotten a State license were permitted to proceed operating and also purchasing from registered caregivers. Those centers were allowed to get caregiver excess for thirty days after getting their State license for supply. That indicated substantial revenues for caregivers and also substantial supply for dispensaries.
After September 15, 2018
The issues for registered caregivers only begins on September 15, 2018. All State licensed centers that will stay open and operating can not buy any type of product from caregivers. State Licensed Provisioning Centers, but statute and administrative rules are strictly banned from acquiring or selling any item that is not produced by a State Licensed Grower or Processor that has actually had their item tested and certified by a State Licensed Safety Compliance Facility. Any State Licensed Provisioning Center that is found to have product up for sale that is not from a State Licensed Cultivator or Processor is subject to State sanctions on their license, including short-term or permanent abrogation of the license. Given the threat, licensed centers are really unlikely to run the risk of purchasing from a caregiver, offered the possible effects.
Additionally, the unlicensed centers to whom caregivers have been continuing to offer to, even throughout the licensing procedure, will be closing down. Some may continue to run, but given the State's stance on facilities that do not comply with their cease and desist letters being looked at very adversely in the licensing process, the market will certainly be severely lessened, if not eliminated. Because of this, caregivers will certainly not have much recourse for offering their overages, and will certainly be limited only to their current patients.
New Administrative Rules
A hearing will be held on September 17, 2018 pertaining to the new recommended final administrative rules for the regulation of medical marihuana facilities, which will become effective in November, when the emergency rules stop being effective. Those final suggested administrative rules allow for home delivery by a provisioning center, and will likewise permit controlled online purchasing. Those 2 things eliminate much of the role contemplated by caregivers under the new guidelines. Clients would certainly still require them to go to the provisioning facility to get and deliver marijuana to clients that were too ill or who were handicapped and can not get to those licensed centers to acquire their medicinal cannabis. With this adjustment to the administrative rules, such clients will no longer need a caregiver. They will be able to place an order online and have the provisioning center deliver it to them, basically eliminating the requirement of a caregiver.
Verdict
For better or worse, the State is doing everything it can to eliminate caregivers under the new administrative plan, even prior to the prepared elimination in 2021 contemplated by the MMFLA. There are a lot of reasons the State could be doing it, but that is of little comfort to caregivers. The bottom line is, the State is eliminating the caregiver , and they are moving that process along with celerity. The State is sending the message that they want caregivers out of the market asap, and they are establishing rules to make certain that takes place sooner rather than later. The caregiver model, while beneficial and necessary under the old Michigan Medical Marihuana Act structure, are currently going the way of the Dodo. Like everything else, the Marihuana laws are evolving, and some things that have thrived in the past, will not make it to see the brand-new legalized era.
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