impo, the Act, states all transfers must be from one pt to another. pretty simply stated. It doesnt allow for dispensaries, but it doesnt disallow them either. All it codifies is a transfers/delivery between pt to pt, cg to cg, or pt to cg, or cg to pt. the ability to legally Acquire is codified by any pt or cg as well.
But, here is the untold truths. Opening a Brick and Mortar store, will certainly put one in the federal spotlight, whether the state allows it with a dedicated Dispensary bill or not.
The Feds Dont want B&M stores. This was a LARGE part why they were not included in this Act. Beside the general populas not wanting Dispensaries all over the place, and I honestly do still feel it is a Questionable option on a Federal level. Now, this is why i have MAJOR issues with the MMM Act being amended to allow for dispensaries. They invite Federal Eyeballs where we dont need them. The pt/cg system we have in our Act, is the most efficient way to help as many pts as possible, with high quality, low cost medications. Also it keeps the federal intervention to the utmost minimum.
Just look through the Nation and see how the feds are helping B&M stores... Thus why im not fond of that legislation, especially being included in the 08 Act, as it just brings bad news to a working Act (once the Law is properly followed and implemented that is).
but a direct transfer from a one pt to another, is authorized per the Act. So the Compassionate Apothecary case and ruling will be very interesting.
I do expect the MSC to uphold pt to pt, ct to pt, pt to ct, cg to cg will be upheld, all with remuneration, But a brick and mortar type facility will be likely not upheld. This is going to be a much harder case to determine how they are going to feel. Im eager to see the hearings, and hear how the Justices are handling the scenario. what the tone/mood of them are, what the questions are like, and what their body language states...
But at the end, the dispensary issue is a two sided sword. I see the need and the help they offer, but on the other hand, they bring a big ole federal eyeball on the state, that for the most part, Michigan has been able to avoid to date...
I don't recommend people being stupid, foolish, or pushing the limits well past the limit. but I do suggest people Know this Law, and as much of any other law that effects your life on a daily basis. The government is in the business of making money off you, and punishing you when they cant, with monetary penalties and incarceration, many times falsely. I facilitate Knowing the Law, and how to use it to protect yourself... If you dont know the law, then you just can utilize it for your protection, and if you wont stand up for those protections Taken, then do you really deserve those protections?
I like dispensarys, so long as they are well run, facilities, but im just not fond of the federal eyeball that comes with them, and to overlook that fact, is cutting our nose off despite our face if you know what I mean.
This is why i like FM a bit better. because it is more inline with the intent of the People, Direct Transfers from the grower, to the Pt or CG, with no 3rd parties involved in the transfer process. the rest of Medical Use are almost all Service type industry allowances. so these, including transfer and/or delivery, are all understood to be moneyed services. that is the grounds I suspect the MSC will rule under allowing the transfers with remuneration between all Pts and CGs authorized under the Act.
