After September 15, Can I Still be a Caregiver?

The Bureau of Medical marijuana Regulation is standing firm on their stance that all marijuana centers that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will have 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 center that continues to operate after receipt of the cease and desist will most likely not be granted a license. Further, the State has set forth suggested Final Rules pertaining to Medical Marihuana Facilities licensing, which is going to enable or registered qualifying clients to get house shipments from provisioning centers (with constraint, naturally) as well as will certainly likewise permit online buying. So, where does that leave registered caregivers, that were expecting to be able to remain relevant to their patients up until 2021?

Traditional

The old model for registered caregivers was rather basic. You were permitted to grow up to twelve plants for each patient. You could have 5 clients, aside from yourself. If the caregiver was also a patient, they could likewise cultivate twelve plants for personal use too. So, a caregiver could cultivate an overall of seventy-two marihuana plants. A lot of caregivers generated far more usable marihuana from those plants than they could use for clients and personal use. The caregivers would then sell their excess product to medical marihuana dispensaries.

Under the emergency rules, marihuana dispensaries that were operating with municipal authorization, but that had not gotten a State license were allowed to continue operating and also buying from registered caregivers. Those facilities were permitted to get caregiver overages for thirty days after obtaining their State license for supply. That implied significant earnings for caregivers as well as significant supply for dispensaries.

After September 15, 2018

The troubles for registered caregivers only begins on September 15, 2018. All State licensed facilities that will stay open and operating can not buy any kind of product from caregivers. State Licensed Provisioning Centers, but statute and administrative rules are strictly forbidden from acquiring or offering any type of item that is not created by a State Licensed Cultivator or Processor that has actually had their item tested and certified by a State Licensed Safety Compliance Facility. Any State Licensed Provisioning Center that is discovered to have product up for sale that is not from a State Licensed Grower or Processor is subject to State sanctions on their license, including temporary or irreversible revocation of the license. Given the risk, licensed facilities are extremely unlikely to run the risk of buying from a caregiver, provided the potential repercussions.

Even more, the unlicensed centers to whom caregivers have been continuing to sell to, even throughout the licensing process, will be closing down. Some might continue to run, but given the State's stance on facilities that do not follow their cease and desist letters being looked at very unfavorably in the licensing process, the market will be significantly decreased, if not eliminated. As a result, caregivers will not have much choice for marketing their excess, as well as will be limited only to their current clients.

New Administrative Rules

A hearing will be held on September 17, 2018 concerning the brand-new recommended final administrative rules for the regulation of medical marihuana facilities, which will become effective in November, when the emergency rules discontinue being effective. Those final proposed administrative rules enable 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 new rules. Patients would still require them to go to the provisioning center to get and deliver cannabis to clients that were too ill or who were handicapped and can not get to those licensed facilities to acquire their medicinal cannabis. With this adjustment 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 center deliver it to them, basically removing the requirement of a caregiver.

Verdict

For better or worse, the State is doing everything it can to get rid of caregivers under the new administrative plan, even prior to the intended elimination in 2021 contemplated by the MMFLA. There are a lot 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 model, and they are moving that process along with celerity. The State is sending the message that they want caregivers out of the industry asap, and they are developing rules to ensure that occurs sooner rather than later. The caregiver model, while advantageous and necessary 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.