Medical Marijuana

Many social and societal changes in the United States have occurred in the last several decades, and these changes have led to a more liberal view of marijuana. In turn, there has been a liberalization of state law as it relates to marijuana, and citizens in a majority of states have voted to approve either the recreational or medical use, or both, of marijuana. With that said, it is important to understand what these changes mean and the penalties associated with a violation of these new laws. To learn more or discuss what you should know, consult with a Michigan medical marijuana lawyer today. An experienced Michigan lawyer can inform you of the history and regulations regarding marijuana.

In 2008 the citizens in Michigan agreed, by majority vote, to allow the medical use of marijuana. This 2008 law allowed certain individuals to obtain a state-sanctioned license that would allow them to legally consume, produce, and sell medical marijuana in the state of Michigan. First, the law created a structure where patients with certain medical conditions could obtain a prescription for medical marijuana. Next, it provided a structure where someone with a valid prescription could obtain a permit or license that would allow them to purchase, possess and consume medical marijuana. Finally, it provided an inchoate structure that allowed patients and caregivers to grow marijuana for medical use.

Because these laws were imperfect, in 2016 a new series of laws were passed that accomplished three things. First, clarity was added to the patient/caregiver paradigm. They expanded and clarified when medical marijuana could be commercially produced and sold, and also provided for the tracking, from seed to sale, of all medical marijuana in the state of Michigan. Know that a dedicated Michigan medical marijuana lawyer can help clear up any legal information surrounding these laws.

These new laws have opened up a significant potential business opportunity for Michigan's citizens, and in particular, for Michigan's entrepreneurs. Whether someone has worked in the medical marijuana industry in the past, or their entrepreneurial instincts sense opportunity, these new laws have intrigue that may prompt them to seek a license to sell medical marijuana. However, these laws are not for the uninitiated. Statutory, administrative and common/case law can be difficult to understand and interpret. Furthermore, piecing together licensing information from many different resources can be tedious.

In addition to this complication, successfully running a medical marijuana business requires a fair amount of business acumen. New owners will need some understanding of tax law, finance law, business law, intellectual property law, and potential conflicts of laws. The need to know which professionals they will need to assist them with their business endeavor, as well as knowing what questions to ask.

The interplay between state and federal law is an important topic because marijuana continues to be listed a schedule-one drug on both the state and federal drug schedules. This means there is always the very risk that the federal government, including the FBI, district attorneys, and federal courts, could all work to extinguish any medical marijuana business interests in Michigan. Even if they do not move to close the business directly, the federal government could use civil forfeiture laws to seize property and assets. To further complicate the legal landscape, running afoul of the existing Michigan medical marijuana law might mean finding themselves charged with a serious state felony.

For these reasons, more than almost any other business, the only way to mitigate these risks is to find and work closely with a determined Michigan medical marijuana lawyer. A prospective business owner will also need to find and use knowledgeable accountants, bank or loan officers, insurance professionals, and security. Armed with the right cadre of professionals, business expertise, and appropriate risk tolerance, medical marijuana can be an exciting, rewarding, and profitable business. Do not hesitate to reach out to a qualified Michigan medical marijuana lawyer today in order to learn more.