Mmmp Caregivers Sell To Any Registered Patient?
Agriculture/Jul 28, 2020
Michigan Marijuana Regulatory Agency Phasing Out Caregiver Sales to Licensed Marijuana Facilities
four min read
On June 22, 2020 Michigan'southward Marijuana Regulatory Agency (MRA) updated an informational bulletin that announced a phase out of its relaxed enforcement of the prohibition confronting primary caregivers selling medical marijuana to licensed medical marijuana growers and processors.
Prior to March one, 2020 the MRA had stated that it will not pursue disciplinary activity against medical marijuana growers and processors that purchased marijuana products from primary caregivers licensed nether the Michigan Medical Marihuana Act (MMMA) to aid keep upwards with demand for medical marijuana. Between March one and May 31, the MRA began phasing out the amount of purchases from primary caregivers, and on October i, 2020, the MRA volition begin to enforce the stricter standards originally required past statute.
How does this new advisory bulletin impact medical marijuana growers?
Until September thirty, 2020, medical marijuana growers volition still exist able to purchase marijuana flowers from primary caregivers and not confront disciplinary activeness, but they cannot transfer any caregiver produced products to their equivalent recreational-apply licensed establishments. They likewise cannot purchase marijuana concentrates, marijuana vape cartridges, marijuana-infused products, or marijuana plants (other than seeds, seedlings, or tissue cultures) from main caregivers. A medical marijuana grower is just able to take reward of this opportunity if it does all of the following:
- documents the receipt of caregiver bloom as an external transfer and enters information technology as inventory in METRC immediately upon receipt;
- simply transfers marijuana flower that has been tested in compliance with all laws and authoritative rules to other Medical Marihuana Facility Licensing Deed (MMFLA) licensed facilities;
- tags or packages all inventory that has been identified in METRC; AND
- only transfers marijuana bloom by ways of a licensed secure transporter, except where exempted nether the MMFLA.
In addition, the weight of marijuana flowers a grower purchases from primary caregivers cannot exist greater than the full of the weight of the marijuana flowers that grower harvested between March 1, 2020 and May 31, 2020 (both wet and dry) plus the projected harvest weight (dry) of the marijuana flowers the grower will harvest from its marijuana plants that are in the flowering procedure on May 31, 2020.
On Oct ane, 2020 medical marijuana growers will brainstorm facing disciplinary actions for purchasing marijuana flowers from primary caregivers. Under MCL 333.27501(two) of the MMFLA, withal, medical marijuana growers will continue to be able to purchase marijuana seeds, seedlings, and tissue cultures from main caregivers.
How does this new advisory bulletin bear upon medical marijuana processors?
Until September xxx, 2020 medical marijuana processors will be bailiwick to the same requirements for purchases from chief caregivers listed in 1-four to a higher place, and they also can no longer transfer whatsoever caregiver produced products to their equivalent recreational-use licensees.
In addition to requirements 1-iv above, still, the marijuana flower obtained from primary caregivers must be candy and not sold or transferred as marijuana blossom, and the full weight of marijuana flowers a processor purchases from chief caregivers cannot be more than 50% of the total weight of marijuana flowers that processor purchased from master caregivers betwixt March ane, 2020 and May 31, 2020.
On October 1, 2020 medical marijuana processors will begin facing disciplinary deportment for purchasing marijuana flowers from primary caregivers.
How does this new advisory bulletin touch primary caregivers?
Primary caregivers are no longer able to sell marijuana concentrates, marijuana vape cartridges, marijuana-infused products, or marijuana plants (other than sales of marijuana seeds, seedlings, or tissue cultures to medical marijuana growers).
Until September thirty, 2020 principal caregivers will nonetheless exist able to sell marijuana flowers to medical marijuana growers and processors, but because these growers and processors face restrictions on the weight of marijuana flowers they are immune to purchase from chief caregivers during this menstruation, chief caregivers volition probable see significantly less demand for their marijuana flowers than previously.
On Oct one, 2020 the original statutory requirements for primary caregivers volition be enforced. Any licensed facility purchasing marijuana flowers from a main caregiver volition exist field of study to disciplinary action. Under the original statutory scheme, primary caregivers will only be able to receive bounty for providing marijuana flowers to their registered qualifying patients, and receiving payment for transfers to anyone else will not be protected under the Michigan Regulation and Taxation of Marihuana Act (MRTMA) or the MMMA. Primary caregivers will continue to be able to sell seeds and seedling, nevertheless, to licensed medical marijuana growers under MCL 333.26424a(two)(b) of the MMMA and to licensed recreational marijuana growers nether MCL 333.27960(one)(a) of the MRTMA.
More Questions?
If you have whatsoever more questions regarding this change, or if this upcoming phase out has convinced you to pursue licensing under the MMFLA or MRTMA, the experienced attorneys at Gielow Groom Terpstra & McEvoy in Muskegon are well equipped to help.
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Mmmp Caregivers Sell To Any Registered Patient?,
Source: https://ggtmlaw.com/agriculture-law/michigan-marijuana-regulatory-agency-phasing-out-caregiver-sales-to-licensed-marijuana-facilities/
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