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Caregivers hold their breath as corporate push for
Caregivers hold their breath as corporate push for 2022 legislation strengthens
AURORA RAE FOR MICHIGAN GREEN STATE
Many people in the cannabis industry are racing to the top. Corporations are increasing their hold on the market as small businesses are struggling to maintain footing in the ever-expanding world of marijuana. Michigan legislation in the house pose a threat to caregivers. The laws set forth in the Michigan Medical Marijuana Act, created in 2008 may be altered within the next few months. Talking about laws can be difficult to understand. We are here to break down what the current bills are and what passing them would do. The Michigan Cannabis Safety Act - House Bills 5300-5302 revealed Sept. 14 – would implement several changes for caregivers regarding licensing, number of plants, and where they can grow. The 2008 law was passed by voter ballot initiative, so the current bi-partisan bills will require a supermajority vote from both houses to pass. REGULATIONS The House of Representatives Regulatory Reform Committee approved six House Bills with most passing 10-2. The following package of bills were approved: HB 5300: Allows sale to and from licensed specialty medical growers. HB 5301: Creates a license for a specialty medical grower. HB 5302: Requires specialty medical growers to use a tracking system. HB 5319: Exempts the sale of marijuana from a registered primary caregiver or licensed specialty medical grower to a registered qualifying patient from the use tax. HB 5320: Updates a reference to definition of debilitating medical condition in the public health. HB 5321: Exempts the sale of marijuana from a registered primary caregiver or licensed specialty medical grower to a registered qualifying patient from the sales tax. WHAT IT COULD CHANGE Michigan records show there are approximately 30,000 caregivers who provide medical marijuana to over 250,000 patients outside of the $1.47 billion licensed retail cannabis market. Currently, medical caregivers are void of heavy licensing fees, submitting lengthy business plans and having their products tested at one of the state’s 17 licensed facilities. Caregivers must be registered with the state to serve up to five patients and grow 12 plants per patient. Caregivers who are also registered as medical patients can grow up to 72 plants. The current legislation would reduce the number of plants a caregiver can grow to 24 – 12 for personal and 12 for patients – by March 22. That would reduce the maximum number of plants that can be grown simultaneously from 2.16 million plants to 720,000 plants. In addition, it would also reduce the number of ounces caregivers can store at home from 15 to five ounces. As you may have expected, increased testing – at a licensed facility – is part of the bill in addition to the requirement that only indoor grows are allowed – no outdoor. Instead of using or gifting the remaining marijuana product, the new legislation would require caregivers to sell their overages to licensed retailers. Not only that, but it requires caregivers to obtain, from the state and individual municipalities, a new Specialty Medical Grower (SMG) license that includes its own set of regulations. The license allows caregivers up to 72 plants as allowed under current legislation, however it imposes several other requirements that corporations have to complete. Under the bill, caregivers would have to pay fees and enter plants and product into the state tracking system and submit their harvested marijuana for pricey safety compliance testing. REASONS FOR BILL SUPPORT Representatives from the Michigan Cannabis Manufacturers Association (MCMA) cited concerns for the safety of untested medical marijuana grown by caregivers. Those in favor of the bills say it is a necessary measure to ensure all cannabis within the state is tested, labeled, tracked and licensed. There are also concerns regarding multiple caregivers growing in remote and residential areas. “This helps to ensure patients aren’t separated from their caregivers, while preventing large-scale grow operations from wreaking havoc in our neighborhoods,” Committee Chair Roger Hauck (R-Union Twp.) said. Jim Lilly (R-Park Twp.) said the new rules would “rein in” the unlicensed cannabis industry that “threatens the health of all Michiganders.” Activists argue there is little to no evidence that untested marijuana poses any sort of public health risk.
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