Disclaimer–Federal law states marijuana, or in the state of Michigan, marihuana—-is still quite illegal….DO NOT CROSS STATE LINES WITH IT. If you are going to be a dumbass, do it on your own time, and your own free will…..
The thing about Michigan–State law has authorized Medicinal purposes for needing patients that are approved by the state. In Michigan it is legal within the state, medically.
Michigan Secure Transporter License-
(1) A secure transporter license authorizes the licensee to store and transport marihuana and money associated with the purchase or sale of marihuana between marihuana facilities for a fee upon request of a person with legal custody of that marihuana or money. It does not authorize transport to a registered qualifying patient or registered primary caregiver.
(2) To be eligible for a secure transporter license, the applicant and each investor with an interest in the secure transporter must not have an interest in a grower, processor, provisioning center, or safety compliance facility and must not be a registered qualifying patient or a registered primary caregiver.
(3) A secure transporter shall enter all transactions, current inventory, and other information into the statewide monitoring system as required in this act, rules, and the marihuana tracking act.
(4) A secure transporter shall comply with all of the following:
(a) Each driver transporting marihuana must have a chauffeur’s license issued by this state.
(b) Each employee who has custody of marihuana or money that is related to a marihuana transaction shall not have been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past 5 years or have been convicted of a misdemeanor involving a controlled substance within the past 5 years.
(c) Each vehicle shall be operated with a 2-person crew with at least 1 individual remaining with the vehicle at all times during the transportation of marihuana.
(d) A route plan and manifest shall be entered into the statewide monitoring system, and a copy shall be carried in the transporting vehicle and presented to a law enforcement officer upon request.
(e) The marihuana shall be transported in 1 or more sealed containers and not be accessible while in transit.
(f) A secure transporting vehicle shall not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.
(5) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with this act.
Rule 37-tracking and labeling
(1) All marihuana product sold or transferred between marihuana facilities must have the tracking identification number that is assigned by the statewide monitoring system affixed, tagged, or labeled and recorded, and any other information required by the department, the act, and these rules.
(2) To ensure access to safe sources of marihuana product the department if alerted in the statewide monitoring system may recall any marihuana products, issue safety warnings, and require a marihuana facility to provide information material or notifications to a registered qualifying patient or registered primary caregiver at the point of sale.
Rule 39- product sale or transfer-labeling requirements
Prior to marihuana product being sold or transferred to or by a provisioning center, the container, bag, or product holding the marihuana product must have a label and be sealed with all the following information:
(a) The name of the licensee and license number that is the producer, including business or trade name, and tag or source number as assigned by the statewide monitoring system.
(b) The name of the licensee and license number including business or trade name of licensee that packaged the product, if different from the processor of the marihuana product.
(c) The unique identification number for the package or the harvest if applicable.
(d) Date of harvest.
(e) Name of strain.
(f) Net weight in United States customary and metric units.
(g) Concentration of THC or CBD.
(h) Activation time expressed in words or through a pictogram.
(i) Name of the safety compliance facility that performed any test, any associated test batch number, and any test analysis date.
(j) Universal symbol published by the department.
(k) A warning that states all the following:
(i) “For use by registered qualifying patients only. Keep out of reach of children.”
(ii) “It is illegal to drive a motor vehicle while under the influence of marihuana.”
In Michigan– The legislature is not without some drama and controversy—I think they may just need to sit down chill out and smoke some marihuana to calm their nerves — maybe the legislature is upset they only legalized for medicinal purposes……. Either way— in 2017
The October 17, 2017, meeting was no exception. Along with the drama of a member of the public serving legal process on board member Bailey, the Michigan Department of Licensing and Regulatory Affairs (LARA) also announced its recommendations for minimum capitalization for applicants for facility licenses.
Suffice to say the numbers raised eyebrows among the board and in the audience.
Here’s our assessment.
The Medical Marijuana Facilities Licensing Act (MMFLA) explicitly authorizes the board to consider the financial capital of an applicant in determining whether to issue a license. Section 402(3)(c) authorizes the board to review the “. . . total amount of the applicant’s capitalization to operate and maintain the proposed marihuana facility.”
Because of this statutory condition, it is appropriate for LARA to establish explicit capitalization minimums as a part of the approval process.
Director Andrew Brisbo of the LARA licensing bureau outlined LARA’s capital recommendations as follows:
Class A – $150,000
Class B – $300,000
Class C – $500,000
Processor – $300,000
Provisioning Center – $300,000
Secured Transporter – $200,000
Safety Compliance (Lab) – $200,000
Total capitalization is sometimes computed as total assets less total liabilities. In other words, what financial resources are available to meet financial obligations of the business?
While proposed–The state should pay attention the legislature is likely to mandate based on conversations with interior citizens and freemen within the state.
Now, as I am and have been reviewing these laws, in regards to the Secure Transporter License, the license based on the laws; a) Allows Storage for Provision Centers and Facilities for a fee, b) Allows for transport between these approved facilities.—It does not, based on the law, approve the secure transporter for delivery to the caregivers nor the patients.
Secure Transporters are not allowed to be patients nor a caregiver. Be without conviction within last 5 yrs of controlled substances. Must have a chauffeur license, and bear no markings on the transport vehicle. Transporters are to work in 2 man teams, 1 must stay with vehicle at all times- and must register each transaction and route plan within the state supervisory system.
All items must be in a sealed container or containers, not accessible. Plus you must allow state authorities to ensure inspections to verify compliance with such rules.
To ensure that you will not get in any trouble you must be knowledgeable and aware of the labeling and necessities required on the packages that you transport. In the end when it is in your custody—YOU ARE RESPONSIBLE.
- A) MMFLA Statute: http://www.legislature.mi.gov/(S(a3bdbnudk1iq4w1p4a5u4yzy))/documents/mcl/pdf/mcl-act-281-of-2016.pdf
- B) PA 10 of 2018: http://www.legislature.mi.gov/documents/2017-2018/publicact/pdf/2018-PA-0010.pdf
- C) Emergency Rules: http://www.michigan.gov/lara/0,4601,7-154-79571_83994—,00.html Specifically Rules 10,11, 24, 25, 43
- D) http://www.michigan.gov/documents/lara/Transporter_for_the_web_618321_7.pdf
Special Thanks for the Additional Resources Goes to:
Travis Copenhaver, associate attorney
Cannabis Legal Group
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