Another bill, introduced as House Bill 4850, will effectively criminalize the dispensary business model.  The bill provides that the only authorized transfers under the Michigan Medical Marijuana Act are from a caregiver to a patient who is directly registered to that caregiver with the state.   Moreover, a caregiver can only receive compensation from a patient registered directly to that caregiver with the state. Any transfers that are not directly between the caregiver and that caregiver’s registered patient are now going to be 2 year felonies.  So if you are a cancer patient, and your caregiver is your Uncle Bubba who did a darn poor job of growing your medicine, you would be subject to criminal prosecution if you got your medicine from your next door neighbor, who was also a caregiver (but not yours) and had grown excellent medicine.

Unfortunately for patients (and fortunately for the Mexican drug cartels) there seem to be no advocates proposing counter-legislation in the Michigan legislature which is consistent with the the right of Michigan residents to use medical marijuana and acquire that marijuana under any market-based system allowing for economies of scale, profit motive, and ultimately quality production of quality medicine.  Recently, the Criminal Law Section of the State Bar of Michigan (comprised of defense attorneys and prosecutors) adopted a recommendation that legislative reform in Michigan should adopt the Colorado model.  That model allows for strict regulation of the medical marijuana business, but recognizes and adopts basic, common sense regulation for large grow operations, vertically-integrated business models, profit-based systems, and corresponding taxation.

If you are a medical marijuana patient, then you should write your state senator and state representative that you oppose the current knee-jerk legislation proposed by reefer-madness-minded legislators and urge consideration and adoption of legislation similar to the progressive, highly-regulated, profit-based, and tax generating laws of Colorado.

Nye & Associates specialize in criminal charges pertaining to marijuana in Roscommon, Crawford, Saginaw, and the surrounding area.

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