Tag: Michigan cannabis

Lawmakers Introduce the Michigan Cannabis Safety Act Which Would Impose More Stringent Regulations on Medical Marijuana Caregivers

An ongoing debate between medical marijuana caregivers and large commercial marijuana producers in Michigan over the role and rights of caregivers is now the subject of legislation introduced September 14 by Michigan legislators.

Introduced as the Michigan Cannabis Safety Act, and reflected in Michigan House Bills 5300-5302, the legislation would limit the amount of marijuana that caregivers could grow and distribute.

  • The legislation would reduce the number of patients allowed per caregiver from five to one, beginning March 21, 2022. This would limit the amount of plants a caregiver could grow at one time from 60 to 12 plants, with an additional 12 plants allowed for personal use.
  • The amount of harvested marijuana that a caregiver could keep on hand would be reduced from 15 ounces to 5 ounces.
  • Caregivers would have to register for a Specialty Medical Grower license, pursuant to which growers would be required to pay $500 application fees and have marijuana undergo safety testing.
  • Marijuana plants would also have to be grown in an indoor, secure facility.

As we addressed in a recent post, proponents of the bill argue that having unlicensed caregivers leads to public health and safety risks, and contributes greatly to billions in black market sales of marijuana in Michigan.

Activists who oppose the new licensing proposal argue that the Michigan Cannabis Safety Act would make Michigan marijuana users more dependent on large cannabis companies, which in turn would result in higher prices. Around 100 people rallied in support of individual caregivers at the State Capitol on September 15, a day after the new legislation was introduced.

We will continue to keep you apprised of further developments in this debate. In the meantime, if you have any questions or require assistance, please contact Paul Mallon or your Fraser Trebilcock attorney.

mallon-paulPaul C. Mallon, Jr.  is Shareholder and Chair of Fraser Trebilcock’s cannabis law practice. You can reach him at pmallon@fraserlawfirm.com or (313) 965-9043. 

There’s a “Growing” Debate in the Michigan Cannabis Industry Between Commercial Producers and Caregivers

Cannabis caregivers and some large commercial marijuana producers in Michigan are at odds in a debate over restricting the number of plants grown and distributed by individual caregivers. Several media reports have indicated that commercial producers are pushing state legislators to require more regulation and licensing for caregivers under the Michigan Medical Marijuana Act. (“MMMA).

Current Caregiver Guidelines

Under the MMMA, anyone can be a caregiver who is 21 or older with no drug or violent felonies of any kind, and no non-violent felonies over the last 10 years. Caregivers are allowed to supply marijuana to up to five “qualifying patients” (not including themselves, if they are also a patient). Under Section 4 of the MMMA, caregivers may possess up to 2.5 ounces of “usable marijuana” and up to “12 marijuana plants” per patient. Accordingly, the MMMA allows for 72 plants and 15 ounces of usable marijuana total, if the caregiver is also a patient.

The Debate Over Licensing and Oversight

The debate over licensing and regulation of the caregiver market involves certain large producers of marijuana and the Michigan Cannabis Manufacturers Association (“MCMA”), on the one side, who are reportedly pushing for more stringent oversight. The other includes caregivers who argue that the legislative push is meant to limit competition by driving more sales to licensed marijuana shops.

Large producers argue that caregivers should be forced to adhere to testing standards to maintain safety and create consumer confidence in product quality. Without these caregiver standards in place, they argue that caregiver sales increase public health risks and lead to more black-market sales.

The MCMA funded a study which found that approximately 70 percent of the $3.2 billion in statewide marijuana sales came from the black market.

According to MCMA Executive Director Stephen Linder, “While there have been many successes in Michigan’s regulated cannabis industry, there are major storm clouds on the horizon. The [study] shows large quantities of untested, illicit cannabis continue flooding the market. This poses a significant threat to patient and consumer safety.”

While media reports do not indicate the specific legislation changes that advocates of reform are pushing for, they are likely focused on imposing stricter caregiver grow limits and product tracking and testing.

Caregiver and patient advocates are fighting back with both grassroots and social-media campaigns to combat the perceived threats to caregiver rights.

We will continue to keep you apprised of further developments in this debate. In the meantime, if you have any questions or require assistance, please contact Paul C. Mallon, Jr., Shareholder and Chair of Fraser Trebilcock’s cannabis law practice.

mallon-paulPaul C. Mallon, Jr.  is Shareholder and Chair of Fraser Trebilcock’s cannabis law practice. You can reach him at pmallon@fraserlawfirm.com or (313) 965-9043.