Feb 152013
 February 15, 2013

michigan hb 4271 dispensary medical marijuanaMichigan Provisioning Centers 2.0

New version of the Provisioning Centers Act introduced to empower dispensaries- in the state that just outlawed them

Last year it was House Bill 5580. This year it’s House Bill 4271. Either version of the bill introduced the Provisioning Centers Act to the Michigan House, but this 2013 version comes at a crucial time in Michigan cannabis politics.

The Provisioning Centers Act, introduced by Rep. Michael Callton, R-Nashville, empowers local communities within the state to license and regulate provisioning centers while enjoying protections from interference. The Centers described are similar to the medical marijuana dispensaries that have been seemingly ruled illegal to operate by the Michigan Supreme Court.

Over 100 dispensaries were in operation across Michigan prior to the MSC ruling in People v McQueen. That ruling authorized a civil penalty method for shuttering distribution centers as a public nuisance. Since then, medical marijuana centers from across the state have begun receiving letters demanding their operations cease and desist. Kevin Spitler and MedJoint received one in Oshtemo Township, near Kalamazoo. So did Green Oasis in Otisville, Genesee County.

The future of dispensaries, and the patients that depend on them, is clouded in uncertainty. After four years of a safe, secure facility to acquire medical cannabis from, these patients will support the black market- but it will never support them. No Mexican cartel will manufacture the topical oil distributed to patients for free at MedJoint, and no gang banger will support their local community like Blue Water Compassion Club of Port Huron has. The Provisioning Centers Act could fill that void.

The Act has received a pledge of support from fellow Republican Rep. Kevin Daley, from Lapeer County. During a fundraiser held in Dryden recently, Daley shared a stage with Callton and promised to continue the dialog on expanding patient’s rights. Ann Arbor Rep. Jeff Irwin, a Democrat, also signalled support during Thursday night’s broadcast of the Planet Green Trees Radio Show.

According to the Act, a Provisioning Center is defined as:

“Medical marihuana provisioning center” or “provisioning center” means a commercial entity located in this state that acquires, possesses, cultivates, manufactures, delivers, transfers, or transports medical marihuana and sells, supplies or dispenses medical marihuana to registered qualifying patients, directly or through the patient’s registered primary caregiver. Provisioning center includes any commercial property where medical marihuana is sold to registered qualifying patients and registered primary caregivers.”

The Provisioning Centers Act also provides rules for transporting cannabis from one location to another, controls who can be employees and establishes protections for cannabis testing companies, which are called Safety Compliance Facilities in the proposed Act.

The PCA embodies in its language some of the other existent rules for distribution centers: they must remain 1000 feet from most schools, it incorporates the excluded felony offenses rules made law by the passage of the Walsh Bills, it requires security systems and prohibits shared office space with or payments to any physician for recommendation services.

The Act also does the following:

  • Establishes rules for caregivers and patients to sell any excess marijuana to a Center
  • Identifies plants less than 12″ tall and 12″ broad as ‘seedlings’ and allows for their legal transfer
  • Requires baked goods or other products infused with cannabis have the item’s marijuana content clearly labelled
  • Establishes that only the stated weight of cannabis in those baked goods or other products can count toward a patients’s 2.5 ounce allowable weight (AW); currently, a one ounce brownie containing two grams of marijuana counts as a full one ounce when determining AW
  • Visiting patients from other medical marijuana states can purchase and sell seeds, but not marijuana or any related substance
  • Empowers municipalities with the right to regulate all aspects of Center operation, including requiring testing from a Safety Compliance Facility
  • Allows LARA to restrict the Center’s ability to advertise in newspapers, billboards, the Internet
  • The Act would forbid any on-site consumption of cannabis except for infused topical products
  • Limits patients to receive only 2.5 ounces from a single Center in a 10 day period
  • Requires Centers to keep records to verify the ten day waiting period, which are subject to municipal inspection
  • It establishes both protections and penalties for following or breaking the provisions contained within the Act for both persons and Centers

Additional sponsors are being sought for the Bill. Read the text of the Bill: house bill 4271

Source: The Compassion Chronicles

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About Rick Thompson

"Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer."Rick Thompson Is An Author At The Compassion Chronicles and focuses on all things Michigan.
  • Senior Medical Cannabis

    Thanks Rick for the overview of Michigan’s newest medical Cannabis bill. What Michigan is doing is making “dynamic laws.” (See Poteconomist Lory Kohn’s explanation of this in his essay, “Ten reasons MMJ is Cannabis Commerce’s Ball and Chain http://cannabis-commerce.com/2011/06/28/ten-reasons-mmj-is-cannabis-commerces-ball-and-chain/ )

    After reading Mr. Kohn’s essay, I believe that what is occurring in Michigan is a continuation of dynamic law. The balance of dispensaries and state was tipped after the People v McQueen case. Specifically, since the state lost face, it recouped its power by deemed dispensaries as “nuisances” and within days forced dispensary closings. This game of ping pong ultimately hurts seniors who are beginning to use medial Cannabis for crisis situations (ex, nausea from cancer treatments) or when determining that the pharmaceuticals they are taking are not as effective as medical Cannabis.

    Mr. Kohn suggests that instead of a battery of dynamic laws that depend on “being good little boys and girls,” that “static laws” are written. He contends, “Static laws are in place for every other commodity known to man, such as raddichio, molybdenum, and beef jerky. Dynamic is reserved for … you guessed it, the devil’s weed that our benevolent nanny state protects us from.”

    Thank you Mr. Kohn.

    • Rick Thompson

      I have not seen Mr. Kohn’s essay and I am eager to read it. Thanks for the feedback!

  • http://powerandcontrol.blogspot.com/ M. Simon

    Some one should introduce these legislators to science:

    http://classicalvalues.com/2013/02/cbd-science-hplc-analysis/

    Medical Marijuana prohibition is a crime against humanity and a violation of the religious precept – heal the sick.

    Pass it on.

    • Rick Thompson

      Yes but the Supreme Court believes their obligation is to the law, not to serve humanity is a compassionate manner. Order without compassion is dictatorship.

      • http://powerandcontrol.blogspot.com/ M. Simon

        Well I guess I’m just going to have to make the knowledge more widely known, I’m working on it.

  • http://www.facebook.com/JohnM1414 John Seychel

    They better do something soon, we don’t want a criminal element providing and supporting gang violence in our state, nor country for that matter.

  • herbal

    If you ar interested to buy MEDICAL MARIJUANA, contact me : herbal.research@ymail.com. Affordable price. Serious buyes only !$

  • Ahnlaashock

    The idea of seniors having to use the black market is almost insane. They don’t stop to think that the black market does not have a selection of varieties with common cannabinoid levels known, so the best medicine can not be found. You can’t go to the guy down the alley and tell him you need an ounce of a low THC, high CBD strain.
    Closing dispensaries and not allowing safe access to what is legal, sending our seniors down to the alley to buy whatever, from whoever, sprayed with God knows what, after it has been shipped in gas tanks or transported using other such shipping methods, should be a crime in a state where medical marijuana is legal.

  • http://www.facebook.com/people/Brian-Stripling/1348426168 Brian Stripling

    Justice delayed is justice denied

  • http://Overgrow.ning.com/ ElectroPig Von FökkenGrüven

    It’s long past the time to stop playing word games.

    It’s time to REPEAL prohibition, DEschedule cannabis, and remove cannabis/hemp from the United Nations “Single Convention on Narcotic Drugs.”

    Anything less is nothing but “more of the same.” More taxes, more fines, more “property forfeiture” (that’s THEFT to you and me), more “government employees”, more “agencies”, more “criminal penalties”, more of everything that 200,000,000 people across the US and Canada so loudly love to “say” they want changed.

    Want it over? Stop saying “someone (else…but not me) really needs to do something about that…”

    Don’t want to do it yourself? At least stop funding the people who keep pressing for more statutes to be written to be added on top of the already pre-failed statutes. It’s been 40+ years already that this process of “adding more complexity and cost to what we already know doesn’t work” hasn’t given us ANYTHING that these wonderful rich bastards have promised us it would.

    Another thing that “might make a difference” is to stop attacking EVERYONE ELSE who doesn’t seem to fit your individual and personal requirements “at this specific second.” Farmers want their freedom just the same as medicinal users and weekend tokers. They ALL want their freedom back. They ALL want their access to this plant restored.

    STOP FIGHTING YOURSELVES!!!

    http://overgrow.ning.com/profiles/blogs/the-fallacy-of-the-legalize-and-tax-cannabis-initiatives

  • Alex

    I’m sick with stomach cancer and now I have to worry about
    getting my medicine!!!

    Marijuana is the safest drug on the planet and helps so many
    people with their illnesses! Plus, you can’t overdose from it.

    So why is this still an issue in 2013? Ignorance, prejudice, racism and
    controlling human rights!

    I wish these lawmakers could just take the time and do some medical research.

    They are supposed to be educated people… Right?

    Most lawmakers just can’t see past their own (again) ignorance, prejudice and racism!

    The only way you can stop the lawmakers from complaining, is
    if they were getting a cut under the table from every dispensary in their city. Sad thought…
    But, look at the history of alcohol. And alcohol can kill you.

    I refuse to get Marijuana off the street like some scumbag!!!
    I’m a Professor of Physics, with a Ph.D for god sake!

    Marijuana will never go away… So get over it!!!!

    We need smart and creative people in office, making the
    right decisions. Now!!!!

  • DeeSnuts

    sell! sell what ?
    keep it just the way it is.
    no sales of cannabis.

    Uncompensated Transfer definition

    the term Uncompensated Transfer (gift) to be the transfer of any asset for less than fair market value.

    Transfers. The transfer of an asset or income without adequate compensation, known as an uncompensated transfer.

    fair market value of 1 ounce of medical cannabis $500.00
    give me $275.00 and I will gift/transfer this ounce to a qualifying patient