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Sunday, August 27, 2017
By Michael Nichols
Categories: Medical Marijuana
The MMFLA licensing board has met for its second of three scheduled meetings this year. A proposal ignited a firestorm at the meeting on 8.21.2017. The opening salvo was a motion by board member Donald Bailey of Traverse City, a former Michigan State Police Trooper, to close all caregiver based dispensaries statewide by September 5, 2017. Board-Members David LaMontaine and Vivian Pickard of Monroe and Bloomfield Hills stopped the motion from seeing approval, at least for now.
Mr. LaMontaine and Ms. Pickard noted that the board had zero evidence in support of the motion and wanted to hear from the public before considering the motion. Chairman Rick Johnson of LeRoy tabled the motion but suggested that it was inevitable. Many members from the public – almost in overwhelming numbers, seemed to ask collectively the question: “What will I do for medicine?”
Mr. Bailey, though a former law enforcement officer, is not an attorney and based his motion on a misguided interpretation of People v McQueen et al, 493 Mich. 135, 828 N.W.2d 644 (2013). Not all caregiver-based dispensaries operate outside of the 2008 Michigan Medical Marihuana Act. Mr. Bailey seems to hold the contrary opinion even though it is not supported by existing law.
What is more concerning, from an applicant’s point of view, is that the issue of “morality” is a significant factor in weighing MMFLA applications. Can one be “moral” if one operates a caregiver-based dispensary? The Board will meet again this year. The Nichols Law Firm will have staff and/or attorneys available to stay abreast and weigh in on any proposals before the board as necessary.
For the attorneys who are on the cutting edge of the law and who are committed to results, call the Nichols Law Firm at 517.432.9000.
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