The Bureau of Medical Marijuana Regulation is standing firm on their stance that all cannabis 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 facilities are not mandated to close down, the State Bureau of Licensing and Regulatory Affairs has made clear that any facility that continues to run after receipt of the cease and desist will very likely not be granted a license. Additionally, the State has set forth proposed Final Rules relating to Medical Marihuana Facilities licensing, which is going to allow or registered qualifying clients to get house deliveries from provisioning centers (with constraint, certainly) as well as will certainly likewise permit online purchasing. So, where does that leave registered caregivers, who were expecting to be able to remain relevant to their patients till 2021?
The old for registered caregivers was pretty straightforward. You were enabled to grow up to twelve plants for each client. You could have five patients, aside from yourself. If the caregiver was also a client, they could also grow twelve plants for personal use also. So, a caregiver could grow a total amount of seventy-two marihuana plants. Most caregivers created far more usable marihuana from those plants than they could utilize 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 running with municipal approval, but that had not received a State license were allowed to proceed running and also purchasing from registered caregivers. Those centers were allowed to acquire caregiver excess for thirty days after getting their State license for stock. That implied substantial earnings for caregivers and significant supply for dispensaries.
After September 15, 2018
The issues for registered caregivers only starts 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 prohibited from acquiring or offering any kind of item that is not generated by a State Licensed Cultivator or Processor that has actually had their product tested and certified by a State Licensed Safety Compliance Facility. Any State Licensed Provisioning Center that is found to have product available for sale that is not from a State Licensed Cultivator or Processor is subject to State sanctions on their license, consisting of short-term or irreversible cancellation of the license. Given the danger, licensed centers are extremely unlikely to take the chance of purchasing from a caregiver, offered the possible effects.
Further, the unlicensed centers to whom caregivers have been continuing to sell to, even during the licensing procedure, will certainly be shutting down. Some might continue to operate, but given the State’s position on centers that do not comply with their cease and desist letters being looked at very unfavorably in the licensing process, the market will be seriously lessened, if not eliminated. Consequently, caregivers will certainly not have much option for marketing their overages, and also will certainly be limited only to their existing patients.
New Administrative Rules
A hearing will be held on September 17, 2018 pertaining to the brand-new suggested final administrative rules for the regulation of medical marihuana facilities, which will become effective in November, when the emergency rules cease being effective. Those final suggested administrative rules allow for house delivery by a provisioning center, and will also allow controlled online purchasing. Those 2 things eliminate much of the function contemplated by caregivers under the brand-new regulations. Clients would certainly still need them to go to the provisioning facility to pick up and deliver cannabis to clients that were too unwell or who were impaired and can not get to those licensed centers to get their medicinal marijuana. With this change to the administrative rules, such patients will no longer require a caregiver. They will have the ability to place an order online and have the provisioning facility deliver it to them, basically eliminating the necessity of a caregiver.
For better or worse, the State is doing everything it can to get rid of caregivers under the brand-new administrative system, even before the planned elimination in 2021 contemplated by the MMFLA. There are a great deal 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 , and they are moving that process along with celerity. The State is sending the message that they desire caregivers out of the industry asap, and they are developing regulations to ensure that takes place sooner rather than later. The caregiver model, while beneficial and required under the old Michigan Medical Marihuana Act structure, are now going the way of the Dodo. Like everything else, the Marihuana legislations are evolving, and some things that have flourished in the past, will not make it to see the new legalized era.