I had a meeting with our local prosecutor this week and walked into the lions den to talk mj shop talk.Heres some of the highlights of the questions we discussed.
Dispenc's: Not covered under current law and will be busting them.............
dispensary doesnt need to be spelled out in the law, their run as a collective. i call it dispensary cuz thats the word people know. i can pull the excerpt again if you need but the law clearly states that its legal to make p2p and c2p transfers for cash trade. all collectives employ only caregiver and patients, usually their both. the prosecutor can say what he wants but i know the truth. collective 'owners' (lack of better word) are also very comfortable with the law and their business. there may be touchy subjects within ie; where can the collective get their meds etc.. but for a patient to go to a 'dispensary' we have no worries. it seems like you may be trying to open one yourself? why are you asking the prosecuting atty rather then your lawyer? did you take a mmj witty lawyer with you and the law printed on paper to put on the atty desk?
p to p transfers: not covered under current law............
i disagree. (i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.
(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.
medabiles: Not a issue and they will not wieght the cookie or what have ya. Would have to seperate the mj out of the cookie to wieght that amount so they wont count them as long as ya dont have a fridge full of butter or something....
Paperwork instead of the card after the 20 day period.: No problem as the law spells that out so the paperwork is fine......
other counties do NOT have the same feelings on this and they are arresting anyone without the physical cards.
Plant counts ( clones,, rooted or unrooted ): They count as your plant count if in your grow in a plug or pot. They just dont know about this yet and cant tell the diffrents between rooted or not so they'll be counting them in your plant count. We have a case here with one of our members that had 4 un-rooted clones and they charged him for being 4 plants over count.Courts will decide this one here shortly.
im excited to see what the courts decide, its truely not specified in our law.
So, that how our county is looking at things and I think they'll be going after any dispenc that opens here in Michigan. That we'll just have to see and I'll be standing back to watch. Hope they dont but I see this coming as we get closer to the 2 years mark of this law. I know Rhode Island didnt let these fly and made them add it to there law, so,,, we'll see...