Tag Archives: cannabis

After September 15, Can I Still be a Caregiver?

The Bureau of Medical marijuana Regulation is persevering on their position that all marijuana centers that are not licensed by the State under the Medical Marihuana Facilities Licensing Act, will need to close down, and will receive a cease and desist letter at that time. While the facilities are not mandated to close down, the State Bureau of Licensing and Regulatory Affairs has made clear that any facility that continues to run after receipt of the cease and desist will most likely not be given a license. Additionally, the State has stated recommended Final Rules relating to Medical Marihuana Facilities licensing, which is going to permit or registered qualifying clients to get house deliveries from provisioning centers (with constraint, obviously) as well as will certainly additionally allow online purchasing. So, where does that leave registered caregivers, that were expecting to be able to remain relevant to their clients up until 2021?

Traditional Model

The old for registered caregivers was pretty straightforward. You were permitted to cultivate up to twelve plants for each client. You could have 5 patients, aside from yourself. If the caregiver was also a patient, they could likewise grow twelve plants for personal use also. So, a caregiver could grow an overall of seventy-two marihuana plants. Most caregivers created far more usable marihuana from those plants than they could utilize for clients and personal usage. The caregivers would then sell their excess product to medical marihuana dispensaries.

Under the emergency rules, marihuana dispensaries that were operating with municipal authorization, but that had actually not received a State license were permitted to continue running as well as buying from registered caregivers. Those centers were allowed to purchase caregiver excess for thirty days after receiving their State license for stock. That suggested considerable profits for caregivers as well as significant supply for dispensaries.

After September 15, 2018

The problems for registered caregivers only starts on September 15, 2018. All State licensed centers that will continue to be open and operating can not buy any kind of product from caregivers. State Licensed Provisioning Centers, but statute and administrative rules are strictly prohibited from acquiring or offering any kind of product that is not created 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 available that is not from a State Licensed Grower or Processor is subject to State sanctions on their license, consisting of short-term or irreversible cancellation of the license. Given the threat, licensed facilities are very unlikely to run the risk of buying from a caregiver, provided the potential effects.

Better, the unlicensed centers to whom caregivers have been continuing to offer to, even throughout the licensing procedure, will be closing down. Some may continue to run, but given the State’s position on facilities that do not adhere to their cease and desist letters being looked at very unfavorably in the licensing process, the market will certainly be seriously reduced, if not eliminated. Consequently, caregivers will not have much choice for marketing their excess, and will be restricted only to their current patients.

New Administrative Rules

A hearing will be held on September 17, 2018 relating to the brand-new proposed final administrative rules for the regulation of medical marihuana facilities, which will become effective in November, when the emergency rules stop being effective. Those final suggested administrative rules allow for house delivery by a provisioning center, and will additionally allow regulated online ordering. Those 2 things remove much of the function contemplated by caregivers under the new policies. Patients would certainly still require them to head to the provisioning center to get and deliver cannabis to clients that were too sick or that were handicapped and could not reach those licensed centers to get their medicinal cannabis. 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 facility deliver it to them, basically removing the requirement of a caregiver.

Final thought

For better or worse, the State is doing everything it can to remove caregivers under the brand-new administrative system, even before the intended elimination in 2021 contemplated by the MMFLA. There are a great deal of factors the State could be doing it, but that is of little comfort to caregivers. The bottom line is, the State is doing away with the caregiver model, and they are moving that process along with celerity. The State is sending the message that they want caregivers out of the market as soon as possible, and they are establishing rules to make sure that happens sooner rather than later. The caregiver model, while beneficial and needed 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.

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D’altra parte, le nostre piante sono coltivate con amore e cresciute senza l’utilizzo di additivi chimici o insetticidi.

In particolare, utilizziamo soltanto prestigiose genetiche, migliorate ogni giorno per adattarsi alle esigenze del cliente e per sfruttare al meglio le qualità di questa pianta.

Just Canapa, garantisce la qualità attraverso prodotti con THC inferiore o uguale allo 0,4% e privi di efficacia drogante ai sensi del DPR 309/90.

Justcanapa è un’azienda giovane e dinamica.

Come principio assoluto sposiamo la regola del Biologico.
Le piante, 100% infiorescenze femminili, hanno goduto di terreni sani, acqua e sole.

A dire il vero, le piante sono coltivate con metodi di agricoltura biologica da mani esperte e attente, ottenendo risultati particolarmente apprezzati nel mercato italiano.

Rispetto a tanti competitor, le nostre infiorescenze e i nostri tassi di CBD e THC NON SONO STATI MANIPOLATI per aumentare le percentuali.

(Analisi disponibili su richiesta)

Inoltre, ci teniamo a sottolineare il fatto che il prodotto che vendiamo, non è un prodotto medicinale o alimentare.
Consultare il medico prima di utilizzare i prodotti.

Siamo contro le persone e le società che cercano di arricchirsi su un prodotto meraviglioso che dovrebbe essere accessibile a tutti.

L’intento è quello di sviluppare e divulgare una corretta visione della canapa legale, puntando sia sul concetto di qualità derivante dalla vendita online di Cannabis Sativa, sia sull’informazione necessaria per la conoscenza della canapa light.

Sono prodotti tecnici per ricerca, collezionismo e per utilizzi previsti dalla legge sulla canapa del 2 Dicembre 2016 n°242.

Cannabis Light

Locating the Right Marijuana Lawyer

Any individual serious about opening up a medical cannabis company in Michigan should think meticulously about the legal side of things. The market is still in its beginnings, and there are lots of legal matters that are perplexed or misinterpreted by many individuals. Your company will not be around for long if you fall foul of the law and wind up being taken to court. To help stop that possibility, you should concentrate on discovering the right cannabis attorney. They can help you when you have a legal problem or if you ever need to be represented in court.

Local Attorneys Who Know the Local Legislation

It’s always best to go with a legal lawyer when it concerns hiring in this particular niche. Medical cannabis laws vary wildly from state to state, so you do not want to hire from a large national firm due to the fact that they will not have the local legal knowledge that’s so critically important when you’re taking care of cannabis-related legal matters. It’s much easier to trust as well as depend on great local attorneys, so don’t make this mistake. It’s one that many medical cannabis services have regretted making in the past.

Review the Credentials of the Law Practice

Before you hire any type of attorney, you must explore their history as well as the background as well as track record of the legal company they’re working for. You can truly end up shooting yourself in the foot if you’re not cautious. It’s important to be collaborating with trustworthy and trusted individuals, so check out their qualifications to see to it that everything stacks up and also they are what they claim to be. You can never ever be too mindful.

Look for Multi-Disciplinary Legal Representatives

There are lots of law practice available, so look for lawyers that operate in many different areas of law. This is something that can pay off in the long-term since you want your business to be working with people who have solid legal experience, instead of people who do not know much regarding the law beyond the narrow legal angle. Select a lawyer with a diverse background but a specialization in the area of cannabis law. That’s the very best way to strike the right balance.

Learn more about Your Attorney

You need to talk with the lawyer one to one before you agree to employ them. It’s always best to be working with people that you like and get along with. The interaction and collaboration won’t be there if you work with an attorney who you do not really get along with effectively, and that’s clearly not good for your business. So do make sure you learn more about them a little as well as keep strengthening those working relationships.

Picking the ideal lawyer for your medical marijuana organisation is truly essential, so do not skip over this or disregard it as an irrelevance. When you’re stepping into this industry, it really pays off to make sure that you’re always on the right side of the regulation. Your business only succeeds when you do things securely and also by the book.

How to ensure you have proper cannabis dispensary insurance coverage

As of 2018, Michigan had the highest number of cannabis production licenses in the U.S. with 215. That number has only continued to grow. Needless to say, our state has a large number of dispensaries, all competing for business.

Many people look at cannabis dispensaries and somehow see them as ‘different’ from traditional businesses. That just isn’t the case! Like any other business that sells a good or service, cannabis dispensaries require some type of business insurance.

The difference, however, is that there are different types of insurance plans you can choose for your dispensary based on your individual needs. It’s important to understand these different plans so you can select the right one (proper coverage). Making sure you have the right insurance in this industry is of the utmost importance. If you’ve already gone through the trouble of getting the right licensing and certifications, don’t forget to go one step further in getting the right insurance.

With that in mind, let’s look at some of your cannabis dispensary insurance options and break down each one, so you can ensure you have the proper plan for your operation. We’ll also touch on the importance of working with a broker, so you can make sure you’re taking the right steps with your coverage.

 

Why is Finding the Right Insurance Important?

Finding the best insurance is a must for any type of business. But, it’s especially important for those in the cannabis industry, and it should be a key component of your business plan.

Dispensary insurance will help to protect every aspect of your business, from the property itself to your employees, and the customers who shop there. It will even protect your products. Far too many dispensary owners think that if a customer has a problem with a product, the blame goes to the grower. That isn’t always true. It may be found that the product was mishandled or stored improperly in your care.

Additionally, dispensaries are typically small businesses that are not nationally known. If a customer has a problem with anything they purchased from your dispensary, you are the one they will turn to for answers or the one they may “go after” from a legal standpoint.

Finally, having the right insurance will give you peace of mind. Chances are, you didn’t get into the cannabis dispensary business to worry about paperwork and legal regulations! While they’re incredibly important, they aren’t the source of your passion. When you’re confident that you have the right insurance coverage, you can focus on the things you truly love, and grow your business from the ground up!

Simply put, you need to be able to focus on your business. That’s especially true if you operate your own growing facility/farm as well as a dispensary. Taking the time to research insurance will make all the difference in the world in how focused you can be on the future of your business!

 

Shopping for the Right Insurance

Because the cannabis industry is still relatively new, you may not accurately be able to identify the tolerance of risk your business has. Before you even begin shopping, it’s important to understand that you may experience some losses if anything happens to your business. It’s a good idea to have some sort of savings account or “backup” fund at the ready in case anything does happen and insurance doesn’t completely cover your expenses.

When it comes time to actually invest in insurance, the first thing to consider as you’re shopping is the premium price as well as the coverage limit.

This is really up to you since cannabis insurance premiums can range anywhere from a few hundred dollars to a few thousand. You might even see premiums for $15,000.

How can you decide how much to purchase? Determine the risks of your business. What are the strengths and weaknesses? How much are you willing to invest in coverage upfront in order to protect your assets if something should occur?

 

Understanding the Legal Aspects of Your Insurance

It’s time to do some homework. Once you’ve decided what you’re willing to spend on insurance and the tolerance of risk for your cannabis business, you’ll have to make sure you’re choosing coverage that fits the right legal aspects of your business.

Michigan is one of the states that require proof of insurance in order to run a dispensary. It can be extremely helpful to work with an attorney or insurance broker to make sure the coverage you’re considering fits the legal requirements of the state. It may not be enough to look at national requirements since cannabis has not been legalized in every state yet. Unfortunately, the numbers can get confusing quickly. A qualified broker like LSI Insurance can make the process easier.

 

Minimizing Your Risks

As a business owner in a unique industry, it’s important to minimize your risk and take advantage of loss control as much as possible. In order to do that, you will want to work closely with loss control specialists and risk management teams to determine how your business can take safer initiatives and avoid accidents.

A loss control specialist can point out any potential safety issues that your business might have now, or things that be non-compliant in the future so you can take care of them quickly.

You should also talk to any employees you might have about lowering their own risks. Digital education courses and requiring some employees to obtain certain certifications can help to reduce those risks and may allow you to purchase a lower premium.

 

What Are the Types of Cannabis Dispensary Insurance?

Before you’re ready to make your final decision on the right insurance for your business, it’s important to consider the different types of cannabis insurance to choose from. Some of the most common options include:

Cannabis general liability insurance: Like most other businesses, this would protect your premises and any other aspect of public contact. Should something happen on the grounds of your dispensary that would injure someone, you would need this type of insurance to protect yourself.

Product liability insurance: In addition to protecting the people and property, you also want to protect your products. A product liability lawsuit could occur at any time if someone has an adverse reaction or if they consume a product and then do something reckless or harmful to themselves or someone else. Accidents can happen when someone is impaired from cannabis use, and you will need to make sure your products are adequately protected if anyone were ever to come after your business in regards to one of those accidents.

Hemp crop insurance: Some dispensaries grow their own crop and have their own farms. If you do, hemp crop insurance is essential. While it is not mandated by the state, think of how valuable your crop is. In essence, it is the bread and butter of your entire business. If something were to happen to it, whether a natural disaster or simply human error, you don’t want to risk losing everything you’ve worked for because you can’t harvest right away.

Property insurance: Property insurance for your growing operation will also help to protect everything from the furniture and equipment on the grounds to the plants themselves. For example, let’s say a bad storm damages your greenhouse. Your property insurance will cover that damage and give you the necessary funds to repair it quickly.

 

Which Insurance Do You Really Need?

The type of cannabis insurance you need will largely depend on how your business runs. For example, if you only have a retail shop and get your products from somewhere else, you may need less coverage. In many cases, general liability insurance is enough for small retail operations.

General liability will help to protect your business if someone gets hurt on the premises. Slips and falls are typically the biggest risk when you’re inviting the public into your business. Product liability insurance can also help to cover any legal fees you might incur if you have to go to court over a lawsuit.

If you do have a farming operation, it can also be a good idea to consider workers’ compensation insurance. Again, accidents happen. Whether they are human error or not, your operation can be blamed. You don’t want to lose thousands of dollars paying for medical bills or legal fees because one of your employees gets injured on the job!

 

Purchasing Your Policy

Once you have finally decided on the policy that is right for you, your homework still isn’t done. The application process isn’t something that should be rushed.

Before you apply, recap the important steps to ensure you’re making the right choice:

Determine your risks and tolerance

Know how much protection you need

Work with an attorney or broker to cover the legal aspects of your insurance

Educate your employees to lower risk

Explore different coverage options

Fill out your application and check it over more than once

Having confidence in the insurance you’re choosing can make you feel so much better about your business’ safety and security as you move forward. It can be a tedious process to go through, but it’s a necessary one for your overall success.

 

Edibles

How to Maximize Your Coverage

Once you’ve finally chosen the right policy and you feel good about your decision, you’ll feel immediate relief. However, your research and homework are really never done when it comes to maximizing your coverage. Keep these tips in mind as your business continues to grow. Not only will they help to keep your dispensary safe, but they may actually end up saving you money:

Consider looking into advertisement injury coverage. If you do any kind of marketing for your business, it’s very easy for someone to take your words or claims and ‘twist’ them if they don’t seem completely accurate. For example, if you make a claim that one of your products will relax whoever takes it, and that person doesn’t feel relaxed, they could make a claim against you.

Go beyond basic compliance. We talked briefly above about certifying your employees and keeping them as educated as possible. But, do more, if you can. Just scraping by on the bare minimum can be risky, because rules and regulations can change at any time.

Even if your employees are certified budtenders, a good rule of thumb is to prohibit them from making product recommendations for specific medical issues. They can certainly make recommendations based on their own opinions. But, if a customer comes in claiming they have a medical condition and a budtender suggests that a certain product will “cure” it, they are putting your business at risk. If that product doesn’t provide a cure, that customer could easily take legal action.

Choosing the Right Broker

When you’re involved in the cannabis industry, choosing the right insurance broker is of the utmost importance. The right broker will have extensive knowledge of the cannabis industry and policies, and will keep you updated and informed on:

New policies

Regulations and protections for your business

Innovations within the industry

You should be willing to invest in a relationship with your broker. They are on your side. At LSI – we are on your side and pride ourselves on having experience working with cannabis-related businesses. Our founder has been working in the industry for over 35 years!

If you’re in the cannabis industry or you’re just getting started with your own dispensary and you want to know more about hemp insurance, feel free to contact us today for information. We’re happy to talk about the type of coverage your business may need. You’re undoubtedly dealing with the headaches that can come with so many rules and regulations already! Don’t let your insurance coverage be something that holds you back.

LARA Medical Marijuana Application License Released

Application Released

The Department of Licensing and Regulatory Affairs and the Bureau of Medical Marijuana Regulation released the long-awaited Application for Licenses under the Medical Marijuana Facilities Licensing Act. The State will begin accepting applications on December 15, 2017 for all types of licenses, provisioners, cultivators/growers, secured transporters, processing facilities and testing laboratories. The application has been eagerly anticipated by lawyers and applicants for some time, but particularly since the Department released Emergency Administrative Rules earlier this week, setting forth the requirements for what is required for the application process, as well as requirements for marijuana facilities once they begin operating. Now, however, applicants and attorneys who are assisting them, finally have the application and know exactly what the State is requiring.

marijuana.png

Application is Substantial and Daunting

The good news is that the application has been released. The bad news for applicants is the size of the application and the amount of information the State is requiring. The paper application is 45 pages. That does not include the attached business plan, marketing plan, community plan, tax records financial projections, CPA certifications, bank records and more that must be attached and presented to the State. Further, while the State is not setting a limit on the number of licenses that it will issue, they are not going to issue them indiscriminately. Applications will need to set themselves apart as to how and why their facility should be licensed rather than another.

Compliance and A Story

The most important thing for any applicant is going to be working with an attorney to thoroughly go through the administrative rules and come up with a compliance plan. The compliance requirements for maintaining a license under the MMFLA are quite substantial, from hiring procedures, document retention and point of sales system access to security and building plan requirements that must be strictly adhered to at all times. Having a compliance plan in place at the time of the application is one of the most important ways that you can help your application succeed, but without legal assistance, you will have a difficult time getting such a plan in place. Licenses have to be renewed every year, and the State is going to be strictly regulating the industry, looking for any non-compliance issues. Applicants and business owners have too much money invested in their businesses to afford to be shut down by the State for non-compliance issues. While a good attorney can fight the State in administrative hearings, there is no guarantee of success, and, as the old saying goes, an ounce of prevention is worth a pound of cure.

Another way to set your application apart is to have a story. Telling the State how much money you have or how much money you can make is simply not going to be enough. Applicants will need to be able to present a story about why their business benefits the community at large, and also the locale where they are going to be located. There is a stigma attached to any business related to the cannabis industry in general, and being able to present information to the State to show how an applicant’s business can step outside of that stigma and be involved in their community will be a strong push in setting the application to the top. There are a number of strategies that an attorney can provide to you to help craft your application in this regard.

Contact Fowler & Williams, PLC to Start Advising You Regarding Your Application

You need an attorney to assist with this process. The application itself is daunting and requires compliance with an already substantial number of administrative rules and statutes. More importantly, you will need the guidance an attorney can provide with helping set up a compliance plan, security plan, business plan and marketing plan. We have relationships with many businesses to whom we have referred clients who can assist with every step, not only of the application process, but with facilities compliance, marketing, accounting and more. Give us a call today, so we can help set your application apart, ensure that your license is protected with compliance and, if necessary, provide zealous representation in the event of any allegations made by the State that would impact your license.

HERE is a copy of the application.  (ZIP file, right click, “save as”)

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