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Michigan Needs Definitive Medical Marijuana Dispensary Legislation

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michigan medical marijuanaThe National Patients’ Rights Association today said that the recent Michigan Supreme Court decision of People v. McQueen reinforces the desperate need for definitive laws related to medical marijuana provisioning centers in the state.

“Never has the timing been more urgent to get a definitive law in place as it relates to medical marijuana provisioning centers,” said National Patients’ Rights Association spokesman Drew Driver.  “The real losers in the recent ruling are the patients. All this has done is created even more confusion to an already complicated and complex system. Many patients rely on dispensaries for safe access to medicine and do not possess the knowledge to either grow their own or access the most appropriate variety from others. An increasing number of patients have limited access to medical marijuana and now are in an even more precarious situation.”

The Michigan Supreme Court case is a civil injunction case—not a criminal case. According to attorney Paul Tylenda, the central focus of the case was whether the dispensary was a public nuisance and could be shut down.  “This ruling clarified the protections available to patients and caregivers under the Michigan Medical Marijuana Act,” Tylenda said.  “It does not, however, provide immunity for a patient to transfer marijuana to another patient.  What should be noted is that the Court said ‘sales’ are included in the Act under the definition of ‘medical use’ and that the affirmative defense can be asserted in any criminal case involving marijuana.  Patient transfers that are not immune under Section 4 of the Act are still eligible for a hearing to claim protection under the affirmative defense of Section 8.”

As pharmacies and doctors are not permitted to provide medical marijuana to their patients, many turn to medical marijuana provisioning centers simply because they lack the knowledge to grow their own. At a provisioning center, patients can secure a variety of medical marijuana, including cannabis hybrids and other medical marijuana strains, as well as alternative ways to consume it.

Michigan Representative Mike Callton (R-Nashville) said: “I am concerned cancer patients and others won’t have access to the drug without dispensaries.  A vast number of the state’s 125,000 medical-marijuana users can’t grow their own medicine and there aren’t enough caregivers to grow it for them. Patients will be forced to go underground to find medical marijuana, or they go without their medicine.”

The NPRA is backed by patients, caregivers, businesses and a range of other supporters.  Collectively, the coalition is working to broaden awareness, reach legislators in a targeted manner, and help mobilize patients and caregivers who are affected by current and proposed medical marijuana laws.  A key objective of the coalition is a push for definitive regulation in terms of standardization — ranging from safety and storage needs, document management requirements, privacy, and overall industry standards and procedures.

For more information please visit: www.nprausa.com

SOURCE National Patients’ Rights Association

The complete press release can be found at:

m.prnewswire.com/news-releases/michigan-supreme-court-medical-marijuana-ruling-reinforces-need-for-definitive-dispensary-legislation-191082681.html

Source: The Compassion Chronicles

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"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.

3 Comments

  1. It would help if we had some sort of definite law. Grey areas do all of us no good. How do we stop pps in Canada from possibly being our medical marijuana supplier? I grow better ditch weed than there top of the line. 10% thc treated with gamma rays to get rid of the heavy metals and carcinogens from growing in an old mine. Screw Ann arbor, i worried about Lansing getting bought off.

  2. i agree, the people that do not want patient to patient transfers are a loose cartel of sensimillionaires known as the guild in Ann Arbor. They do not care about compassionate care or anything else but money. They also have an agenda to stop home cultivation diverting all mmj activities to themselves and their cronies.

  3. Desperate? I don’t think so. Hyperbolic? Absolutely. There are more than enough caregivers in the state and they are seeking patients. What is there to support his claim that there are not? Callton is a duplicitous man, but that is not new news. The best means to accomplish adequate access is to permit the patient population to share freely among themselves, and would only require that sec. 4(d)(2);

    (4(d) There shall be a
    presumption that a qualifying patient or primary caregiver is engaged in
    the medical use of marihuana in accordance with this act if the
    qualifying patient or primary caregiver:..(2) is in possession of an amount
    of marihuana that does not exceed the amount allowed under this act. The
    presumption may be rebutted by evidence that conduct related to
    marihuana was not for the purpose of alleviating the qualifying
    patient’s debilitating medical condition or symptoms associated with the
    debilitating medical condition, in accordance with this act.)

    be stricken from the law, beginning with the words, “The presumption.”

    Provisioning centers, viz., dispensaries, are unnecessary and unnecessarily costly. We don’t need or want government intrusion into our herb gardens, which is almost certain to happen down the road, much like in Canada, where individuals are no longer permitted to grow their own. We can produce and sell the stuff at less than half the several hundred dollars an ounce that are paid to dispensaries. If standardization and testing are to be used as reason to advance these claims, we invite Callton et al to show the harm that exists without.

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