After September 15, Can I Still be a Caregiver?

The Bureau of Medical marijuana Regulation is standing firm on their position 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 shut down, the State Bureau of Licensing and Regulatory Affairs has made clear that any facility 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 recommended Final Rules relating to Medical Marihuana Facilities licensing, which is going to allow or registered qualifying clients to obtain house deliveries from provisioning centers (with constraint, of course) as well as will also permit online buying. So, where does that leave registered caregivers, that were expecting to be able to stay relevant to their clients up until 2021?

Traditional Model

The old model for registered caregivers was rather basic. You were enabled to grow up to twelve plants for each patient. You could have 5 clients, besides yourself. If the caregiver was also a client, they could likewise grow twelve plants for individual usage too. So, a caregiver could cultivate a total amount of seventy-two marihuana plants. Most caregivers created far more usable marihuana from those plants than they could make use of for patients and personal use. The caregivers would then sell their excess product to medical marihuana dispensaries.

Under the emergency rules, marihuana dispensaries that were running with municipal authorization, but that had actually not obtained a State license were permitted to proceed operating and buying from registered caregivers. Those centers were allowed to buy caregiver overages for thirty days after receiving their State license for supply. That indicated significant earnings for caregivers and substantial supply for dispensaries.

After September 15, 2018

The troubles for registered caregivers only begins on September 15, 2018. All State licensed facilities that will continue to be open and operating can not buy any product from caregivers. State Licensed Provisioning Centers, but statute and administrative rules are strictly prohibited from acquiring or offering any product that is not produced by a State Licensed Cultivator or Processor that has had their item tested and certified by a State Licensed Safety Compliance Facility. Any State Licensed Provisioning Center that is found 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 centers are really unlikely to risk buying from a caregiver, offered the possible consequences.

Additionally, the unlicensed facilities to whom caregivers have been continuing to offer to, even throughout the licensing process, will certainly be shutting down. Some might continue to operate, but given the State's stance on facilities that do not comply with their cease and desist letters being looked at very adversely in the licensing process, the market will be significantly decreased, if not eliminated. Consequently, caregivers will certainly not have much choice for marketing their overages, and will be restricted only to their current patients.

New Administrative Rules

A hearing will be held on September 17, 2018 relating to the new recommended final administrative rules for the regulation of medical marihuana facilities, which will become effective in November, when the emergency rules cease being effective. Those final proposed administrative rules permit house delivery by a provisioning center, and will also allow regulated online buying. Those two things eliminate much of the role contemplated by caregivers under the new rules. Clients would still need them to go to the provisioning center to grab and deliver cannabis to clients that were too ill or who were handicapped and can not get to those licensed facilities to get their medical marijuana. With this modification to the administrative rules, such clients 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, essentially eliminating the need of a caregiver.

Verdict

For better or worse, the State is doing everything it can to eliminate caregivers under the new administrative system, even prior to the prepared removal in 2021 contemplated by the MMFLA. There are a great deal of reasons the State could be doing it, but that is of little comfort to caregivers. The bottom line is, the State is eliminating the caregiver , and they are moving that process along with celerity. The State is sending the message that they want caregivers out of the marketplace immediately, and they are establishing regulations to make certain that happens sooner rather than later. The caregiver model, while helpful and required under the old Michigan Medical Marihuana Act structure, are currently going the way of the Dodo. Like everything else, the Marihuana regulations are evolving, and some things that have flourished in the past, won't make it to see the brand-new legalized era.