Attorney Joshua Covert Speaks at UNRIG THE SYSTEM Event in Lansing

Attorney Joshua Covert

Attorney Joshua Covert speaks at Unrig The System at 4-15-18 in Lansing Michigan.

On Sunday April 15th attorney Joshua Covert spoke at an event in Lansing geared to sharing information about local activism and grassroots efforts to empower citizens to play a larger role in the political process. The event was put on by Unrig The System a nationwide organization with a chapter in Michigan (visit their facebook page here).  Mr. Covert spoke as an attorney and activist involved in marijuana policy reform.  Mr. Covert spoke about his work as a board member of milegalize, a 2016 voter initiative campaign, and how important the voter initiative process is for citizens.

The event was originally scheduled to be held on the State Capitol grounds but because of weather was relocated to the Midtown Brewing Company.  Mr. Covert was pleased to hear the other speakers at the event but was excited to see that longtime friend and fellow cannabis activist Steven Lull (The Green Union) was also on the schedule.  It is important for Mr. Covert to speak to groups about political involvement and activism because of his belief that in our current form of government our legislators often don’t listen to the will of their constituents.  “It is obvious that our government in Lansing hasn’t been listening to the citizens of Michigan in regards to marijuana or cannabis policy reform,  legalization polls extremely high and most metropolitan areas have already legalized marijuana at the local level yet legalization is being done by the people via the voter initiative process and not by our elected legislators.”

 

Why the Next Medical Marijuana Licensing Board Meeting is Super Important

Michigan Cannabis Lawyers – Marijuana Attorney- Lansing

The next Michigan Medical Marihuana (Marijuana) Facility Licensing Act board meeting will tell us a lot in regards to time lines for the upcoming industry.  The Bureau of Medical Marihuana Regulation (BMMR) began accepting applications for licenses under the Michigan Medical Marihuana Facility Licensing Act (MMFLA) in December of 2017.  Hundreds of applications have been submitted to the BMMR but so far there have been only two applications submitted to the state board for approval.  Each license after submitted must be approved by the state board. For the last meeting there were originally 5 applications on the agenda but three were removed the day before the meeting.  The two submissions that remained on the agenda  were prequalification applications which is the first of a two part application process.   Each of the prequalification applications were temporarily rejected and may be brought up for approval at the next board meeting.  The board meets this week April 19th and the agenda should be released early this week (click here to see agendas and meeting minutes).  Many applicants anxiously await the upcoming agenda to see how many applications will be submitted for approval.  Based on the last board meeting where license approvals were brought up for the first time and the fact that only 5 were originally planned for submission to the board, it would take over 5 years for the board to get through the applications they have currently received.

With new municipalities opting in every week and new opportunities around every corner, there should be a constant stream of applications to add to the stack of applications already piling up.  The State has already added additional meetings to the previously scheduled meeting schedule.  This will help the apparent backlog but wont be enough unless more than 5 applications are submitted to the board at each meeting.  Many patients around the state of Michigan rely on their medical use of marijuana to help them treat a variety of serious medical conditions and are counting on the MMFLA and the BMMR to put a functioning system in place so that they will have safe access to medicine.

Currently, the BMMR and the board have until June 15th to approve the facilities that are currently operating under local approval demonstrated by attestation E.  If those facilities are not granted approval and the rules don’t change, all currently operating facilities will be forced to shut down on June 15th.  If this occurs, patients will not have access to provisioning centers and the medicine that they provide.  It is the suggestion of the Michigan Cannabis Lawyers that the BMMR either add hundreds of applications for submission each meeting or extend the deadlines contained in the emergency rules.  It is vital that patients in Michigan have access to the medical marijuana they need.

 

Josh Covert

The Michigan Cannabis Defender

Ann Arbor’s Annual Hash Bash

John Sinclair paved the way for what is now known as Hash Bash.

This event that takes place each year in Ann Arbor, Michigan to celebrate and support the movement toward the legalization of marijuana in our great state. Ann Arbors Hash Bash is a great way to stick it to the man and celebrate cannabis.

John Sinclair was imprisoned for over two years after attempting to furnish a police officer with a marijuana joint. After his conviction was overturned by the Michigan Supreme Court, a 21-day period existed in Michigan wherein marijuana was technically legal, and the event now known as Hash Bash was born.

At a time when Michigan is in the midst of implementing a regulatory system to facilitate the cultivation and acquisition of medical marihuana, and with greater than ever support for the legalization of recreational use and possession of marijuana by Michigan citizens, this year’s Hash Bash may be the last of its kind, as activists and those alike have for so long gathered to advocate and educate for the push toward legalization of marijuana. Their efforts have not gone unnoticed, and may soon be celebrated as Michigan edges closer and closer to legalizing marijuana.

The Michigan Cannabis Lawyers attended the 2018 Hash Bash and were energized and inspired listening to the wonderful speakers.  After the protest, The Michigan Cannabis Lawyers headed over to the Monroe Street Fair for a continuation of the good times.

2019 Hash Bash

We were excited to see that the Monroe Street fair was even bigger than previous years and yet the street was as packed as ever, certainly a good sign for both the legalization movement and Hash Bash.

The Michigan Cannabis Lawyers look forward to attending again in 2019 when hopefully marijuana is legal in Michigan.

If you are looking for attorneys who stay up to date on marijuana and cannabis issues, contact the Michigan Cannabis Lawyers at 517-512-8364.

2018 Hash Bash Michigan MICannabisLawyers.com

2018 Hash Bash Michigan

 

State of Michigan Orders Hundreds of Medical Marihuana Provisioning Centers to Close Their Doors

Michigan has approximately 277,000 medical marihuana patients. Those individuals may find themselves having to travel a greater distance to purchase marihuana after Michigan issued cease and desist letters to over 200 medical marihuana provisioning centers, many of them located in Wayne County.

LARA, the Michigan Department of Licensing and Regulatory Affairs, determined that there were a lot of provisioning centers that were continuing to operate despite not having filed an application. Right now, businesses operating as medical marihuana dispensaries would fall under the framework of the Medical Marihuana Facilities and Licensing Act (MMFLA). Under the Emergency Rules that currently govern these operations, specifically Rule 19(4), which states that “an applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if the applicant meets certain requirements, including the submission of at least a prequalification application for a state operating license. . .no later than February 15, 2018.”

Even with these ordered closures, there are still provisioning centers that remain with open doors and the hope that they are granted a license to operate in the evolving landscape of Michigan’s medical marihuana industry.

For the guys that provide guidance and expertise counsel to navigate Michigan’s regulatory framework in the medical marihuana industry, contact the Michigan Cannabis Lawyers at 517-512-8364.

 

marijuana driving Michigan Cannabis Lawyers http_www.micannabislawyer.comcriminal-defense-mmma

MMMA Patients and “Obviously High” Marijuana Driving in Michigan

Marijuana Driving in Michigan

In an unpublished case, the Michigan Court of Appeals (People v Donaghy, No. 322677, 2015) interpreted the protections of section 4 of the Michigan Medical Marihuana Act (MMMA) in regards to the limitations of section 7(b)(4).  The case involved an individual who was charged with what is commonly known as drugged marijuana driving, a violation of the motor vehicle code MCL 257.625 et. seq.

The facts show that the defendant had tetrahydrocannabinol (THC), the active substance in marijuana as well as alprazolam (Xanax), methadone, and zolpidem (Ambien) in his system.  The defendant at trial requested a jury instruction regarding his medical marihuana use and registry card as a defense to the operating while visibly impaired charge one of the two counts he was facing. The trial court denied the jury instruction request and the defendant appealed the conviction on many grounds.

The Michigan Court of Appeals decided the case and said: “The MMMA’s protections are lost under § 7(b)(4) only when a person operates a vehicle “under the influence” of marijuana. This definition of “under the influence” is determined to be consistent with the phrase’s meaning as a term of art, operating a vehicle while visibility impaired under MCL 257.265(3) as a result of marijuana use, like operating a vehicle while any amount of marijuana is present in a person’s body under MCL 257.265(8), is too low of a threshold to deprive a person with protections under the MMMA that the person would otherwise be entitled to.”  Unfortunately for the defendant, the ruling was not enough as the court upheld his conviction because the protections from a visibly impaired charge that the MMMA provides would not be relevant when the defendant also had the other controlled substances in his system.

What does this mean for a medical marihuana patient who is arrested for operating while visibly impaired?  The answer is DISMISSAL.

 

If you are charged with any crime involving marijuana OR marijuana driving, call attorneys who present a defense and stay current on all the appeal cases.

Call the Michigan Cannabis Lawyers at 517-512-8364.

 

mmfla regulatory assessments Micannabislawyer.com

Annual MMFLA Regulatory Assessments Set

The MMFLA Regulatory Assessments fee for the 2018 fiscal year has been announced by LARA.

Each applicant will be required to pay the MMFLA regulatory assessments after their respective license is approved by the Medical Marihuana Licensing Board.

The Class A Grower license regulatory assessment will be $10,000.

The Class B Grower, Class C Grower,  Processor,  Provisioning and Secure Transporter license regulatory assessments have been set at $48,000.

 

There is no regulatory assessment for safety compliance facilities.

These are annual fees that are expected to be set each year and will likely rise or fall depending on regulatory expenses and the number of licenses.

 

If you have any questions on how these fees can impact your business or license please call the Michigan Cannabis Lawyers at 517-512-8364.

 

You can read the advisory bulletin detailing the regulatory assessments here.

 

 

BMMR Pre License Inspection: Advisory Bulletins

This week The Bureau of Medical Marihuana Regulation (BMMR) released several advisory bulletins.

These bulletins were aimed at reminding Medical Marihuana Facilities Licensing Act (MMFLA) applicants of pre-license inspections. The BMMR Pre License Inspection Advisory bulletins were released for each of the five types of licenses allowed under the MMFLA as well as a General Pre-Licensure Inspection Reminder.  Each applicant should read and understand their respective advisory bulletin as well as the general advisory bulletin.

Key points contained within the bulletins were the following BMMR Pre License Inspection requirements:

  • Passing a BMMR inspection
  • Obtaining a permanent certificate of occupancy
  • Passing a fire safety inspection by the Bureau of Fire Services (BFS)
  • Maintaining criminal background history checks for all employees

You can read the advisory bulletins here.

 BMMR Pre License Inspection Micannabislaywer.com

If you have any questions on how these new advisory bulletins will impact your license or application, please call the Michigan Cannabis Lawyers at 517-512-8364.

 

If you would like more information on Michigan Marihuana Licensing read more on our blog.