The Bureau of Medical Marijuana Regulation is persevering on their stance that all marijuana facilities that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will need to shut down, and will get a cease and desist letter at that time. While the centers are not mandated to shut down, the State Bureau of Licensing and Regulatory Affairs has explained that any facility that continues to operate after receipt of the cease and desist will very likely not be granted a license. Additionally, the State has stated suggested Final Rules regarding Medical Marihuana Facilities licensing, which is going to enable or registered qualifying clients to get home shipments from provisioning centers (with restriction, certainly) and also will certainly additionally permit online ordering. So, where does that leave registered caregivers, who were anticipating to be able to stay relevant to their clients up until 2021?
Traditional
The old model for registered caregivers was quite basic. You were allowed to grow up to twelve plants for each patient. You could have 5 patients, other than yourself. If the caregiver was also a client, they could likewise cultivate twelve plants for personal use also. So, a caregiver could grow an overall of seventy-two marihuana plants. The majority of caregivers produced far more usable marihuana from those plants than they could use for patients and individual usage. The caregivers would then sell their excess product to medical marihuana dispensaries.
Under the emergency rules, marihuana dispensaries that were operating with municipal authorization, but that had actually not gotten a State license were allowed to continue operating and also buying from registered caregivers. Those centers were permitted to get caregiver excess for thirty days after getting their State license for supply. That suggested substantial profits for caregivers as well as significant supply for dispensaries.
After September 15, 2018
The problems for registered caregivers only begins on September 15, 2018. All State licensed centers that will continue to be open and operating can not buy any type of product from caregivers. State Licensed Provisioning Centers, but statute and administrative rules are strictly forbidden from buying or offering any kind of item that is not generated 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 discovered to have product available 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 revocation of the license. Given the threat, licensed centers are very unlikely to take the chance of purchasing from a caregiver, offered the possible repercussions.
Further, the unlicensed centers to whom caregivers have been continuing to sell to, even throughout the licensing procedure, will be closing down. Some may continue to run, but given the State's position on facilities that do not adhere to their cease and desist letters being looked at very unfavorably in the licensing process, the market will be severely reduced, if not eliminated. As a result, caregivers will not have much recourse for offering their excess, and also will be limited only to their present patients.
New Administrative Rules
A hearing will be held on September 17, 2018 pertaining to the new proposed final administrative rules for the regulation of medical marihuana facilities, which will become effective in November, when the emergency rules discontinue being effective. Those final suggested administrative rules enable house delivery by a provisioning center, and will also permit managed online purchasing. Those 2 things eliminate much of the role contemplated by caregivers under the new guidelines. Clients would still need them to head to the provisioning center to get and deliver marijuana to patients that were too unwell or who were impaired and could not get to those licensed centers to obtain their medical cannabis. With this adjustment to the administrative rules, such patients will no longer need a caregiver. They will be able to place an order online and have the provisioning facility deliver it to them, essentially getting rid of the need of a caregiver.
Conclusion
For better or worse, the State is doing everything it can to eliminate caregivers under the brand-new administrative plan, even prior to the intended elimination in 2021 contemplated by the MMFLA. There are a lot of factors the State could be doing it, but that is of little comfort to caregivers. The bottom line is, the State is getting rid of the caregiver model, and they are moving that process along with celerity. The State is sending the message that they desire caregivers out of the industry as soon as possible, and they are establishing guidelines to ensure that takes place sooner rather than later. The caregiver model, while helpful and essential 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, won't make it to see the brand-new legalized era.
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