Opening a dispensary?

[MFB]

Hello RIU,

Have been away from RIU for a minute. Very busy between work, school, family, and the grow room. Most nights its 5 hours a sleep. I get my first day off after 8 weeks working next Thursday though, very excited.

I harvested a week ago, did the best out of all my grows so far! I will post some pics of the dried buds when I start my new grow log. Really upgraded the grow room. Very excited about this next grow.

Anyway, to the point. A shop owner here in town that I grow for really likes my bud and he wants to open a dispensary in an unused portion of his store. He will be the only one in the county. There was one about a year ago but it was closed 3 days after opening. Not sure why either. The next county over has had 3 dispensaries going for the past year.

We are trying to figure out if he needs a license for opening a dispensary, much like a liquor license. Or can he just put buds in the glass cases on the 1st and sell away? He said if it is legal he would sell my bud in his shop.

I have looked over the laws that are going into effect April 1st. I am pretty confused. But I confuse easily. What I get from it is: medical cannabis is legal for sale between medical cannabis patients, and you can collectively have as much weed as you need between you and your patients to suit your consumption. I am not the sharpest tool in the shed so please correct me if I am wrong.

Any thoughts and clarifications are wanted. Also, is it legal for a caregiver to grow for a dispensary when the dispensary owner is there patient?

 

[Usernamewastaken]

If the dispensary owner is your patient he will not be allowed to have any patients in his care so then would not be able to legally sell meds to any customers

have to be the registered caregiver for each patient you provide for to be legal

 

[mrbungle79]

that's not true as far as I know. you can be a caregiver for 5 patients and still have a single caregiver for yourself. several people I know of do exactly this.

 

[gladstoned]

At this point, It appears that all the counties without dispensaries won't allow dispensaries.
Call the prosecutor for that county and ask them flat out.
The most telling fact of your post is that another dispensary went through all the trouble to open,
and then closed up after 3 days.
from what I read you may be better off opening the actual store just inside the county allowing dispensaries to operate.

 

[Dr Gruber]

that's not true as far as I know. you can be a caregiver for 5 patients and still have a single caregiver for yourself. several people I know of do exactly this.

Just talked to a lawyer who told me that it is not legal to be caregiver and have a caregiver as well.

 

[mrbungle79]

I've read nothing in the law that would prohibit it. just because I am a caregiver for patients does not mean I grow. it is completely feasible that I am only acquiring for my patients. and being a patient myself and not growing again it would also be feasible that I would need a caregiver to acquire from. all completely hypothetical of course as I am a grower and cg. I may be wrong and often am

 

[Dr Gruber]

I've read nothing in the law that would prohibit it. just because I am a caregiver for patients does not mean I grow. it is completely feasible that I am only acquiring for my patients. and being a patient myself and not growing again it would also be feasible that I would need a caregiver to acquire from. all completely hypothetical of course as I am a grower and cg. I may be wrong and often am

Apparently my lawyer has read the law and is very certain that it is not allowed. I wouldn't want to tell anyone it's okay if its not. Law enforcement will certainly act as if it's not allowed.

 

[CashCrops]

If it's Oakland county forget it, they have there own drug task force and have shut down every single one that has tried to open. Also, I'd wait anyway once it's legal state wide then just open a retail store selling it, that's what they're doing in Washington!

 

[abe supercro]

The state will issue a caregiver a card where the caregiver has chosen to have their own caregiver. Unless your lawyer can cite something more specific I believe the lawyer has an isolated 'legal' opinion. I've not heard of one instance of this type of structure backfiring.

On another note, I saw a groundhog hopping through snow in the yard this am. So winter has officially un-officially concluded. that's a fact. good day!

 

[Dr Gruber]

The state will issue a caregiver a card where the caregiver has chosen to have their own caregiver. Unless your lawyer can cite something more specific I believe the lawyer has an isolated 'legal' opinion. I've not heard of one instance of this type of structure backfiring.

On another note, I saw a groundhog hopping through snow in the yard this am. So winter has officially un-officially concluded. that's a fact. good day!

That is excellent news.....about the groundhog and all.


I will be sure to get better clarification on my next visit and hopefully get some specifics for everyone. I was told that the forms we all fill out were written by people that do not know the law and thats how the loophole was created. I have not looked at the latest forms but I believe they have been changed to fix the problem. I was very surprised to hear that, as I have a caregiver myself and Im a caregiver to others.

I should also add that most of the reasons I have a caregiver are covered under the law anyway. I need someone to assist me in my garden, moving big things around, trimming, etc. That is allowed already, but i didn't know that. The only thing they cant do is have 2.5 oz's to hold for you.

 

[CashCrops]

You don't have to hold it, give it to me!