subject: Some Information About Opening A Marijuana Dispensary [print this page] In 2008, Michigan became the latest state to allow the use of medical marijuana. As in other states, its use is restricted to individuals who have serious medical conditions that can only be alleviated by marijuana. They can obtain their supply of cannabis from a marijuana dispensary .
In California, the California Compassionate Use Act of 1996, also known simply as Proposition 215, allows the use and non-profit distribution of medical marijuana. The regulations regarding its distribution are very vague, though, and in the years since the passage of the act, many dispensaries have been raided and closed. In some cases, the proprietors have been jailed.
If you are thinking of opening a cannabis dispensary, the first thing you should do is understand clearly all the ramifications of the laws in your state. Secondly, you should find out how the law has been applied in your state and even in your local area. The laws are vague enough to allow the DEA and local authorities to use their own discretion in enforcing the law.
The laws surrounding the use and distribution of medical marijuana were expanded in 2004. Now, small scale coops and collectives can both grow and distribute marijuana and caregivers who distribute cannabis can receive compensation. Only non-profit dispensaries are allowed under the terms of the new laws and in practice cannot be businesses. Because of the vagueness of the laws, the authorities have on occasion closed dispensaries at their discretion.
Other states as well have recently allowed authorized caregivers to grow and distribute medical marijuana. Two of these states include New Mexico and Rhode Island. Previously, authorized users were only allowed to grow cannabis for their own use. Since the Obama administration took office, restrictions have been eased on the federal level and this has led to a further easing on the state level. Many other states, including New Hampshire, New Jersey and Pennsylvania are now considering revising their laws regarding marihuana dispensation.
It should be noted that one of the thorniest issues surrounding the interpretation of the laws is in the interpretation of what it means to be a "primary caregiver." In the strictest sense of the definition, that person is an individual who has been given the responsibility as a health care provider to give a patient medical marijuana. A primary caregiver can distribute marijuana to more than one individual, but their area of distribution is limited to the county or city in which they live. This is a contentious issue that many argue is unconstitutional, but in order to avoid prosecution, should be followed.
Marijuana is still a very touchy issue in the United States. Most law enforcement agencies take a very conservative stance towards its use and distribution, even for medical purposes. In order to avoid harassment or prosecution, you must protect yourself by staying within the acceptable limits of the law. You can open a marijuana dispensary if you keep a low profile and take a conservative approach.
