“It doesn’t really make sense, at all,” said the manager of a store in the Upper Peninsula, who asked not to be named over concerns that he may be perceived as criticizing CRA. “I think that what they’re saying is: if a customer comes through and wants more than what their daily limit is, they want us to call and tell on the customer.
“Legally, you could sell more, but you’d have to report them.”
The reminder, which retailers tell MLive is confusing in its vagueness, came in the form of a notice issued to licensed marijuana businesses on Nov. 3.
The same communication was sent April 15, days before the annual 4/20 pot holiday.
The notice reiterated an existing rule: a store must report suspected theft, diversion or criminal activity that occurs “at the marijuana business” to police and the Cannabis Regulatory Agency (CRA) within 24 hours of detecting it.
But it included a caveat that caught the attention of some in the industry: “This includes, but is not limited to, individual possession of more than twice the amount of marijuana allowed under the Michigan Regulation and Taxation of Marihuana Act … ”
In Michigan, you may transport, gift or purchase (in a single transaction) up to 2.5 ounces, including a maximum of 15 grams of concentrate.
Possession exceeding the limit is a civil infraction with possible fines. Once the quantity exceeds twice the legal limit, it becomes a misdemeanor crime.
Store representatives who spoke to MLive interpret this to mean they may sell up to five ounces and 30 grams of concentrate to a customer.
Because that amount would exceed single-transaction limits, stores split the sale into two transactions and issue separate receipts.
“What the CRA’s position has been is that if you ring up more than one transaction and it keeps somebody at or under (the limit for a misdemeanor), that person is not committing a crime, yet,” said Lansing-based Dykema Attorney John W. Fraser, who assists cannabis businesses with regulatory guidance. “This has been percolating for the last six or seven months, and it’s been a topic of discussion that has come up in a lot of our calls with clients … ”
No stores MLive spoke to said they have reported customers to police or the CRA for exceeding personal possession limits.
“You’re not gonna stay in business very long if you start calling the police on your customers—if you’re in any business,” Fraser said.
The CRA wouldn’t answer MLive’s questions on the topic.
“The CRA declines to comment beyond what is outlined in statute, administrative rule or agency bulletin regarding reporting requirements or enforcement processes related to personal possession limit violations,” spokesman David Harns said.
This leaves answers to some questions in legal limbo.
“What happens if (the customer) leaves the store, returns to their car and they come back in,” Fraser said. “I don’t know what CRA position is on that.”
The U.P. store manager who spoke to MLive said his dispensary’s policy requires customers to leave the store and parking lot, which is under camera surveillance, before any additional purchases are allowed.
After a customer leaves, it’s possible the marijuana was dropped off at home—where you may possess up to 10 ounces of store-bought weed—or legally gifted to someone.
“We’re left to be able to assume they took it to their hunting camp or something,” the U.P. dispensary manager said. “We’ve got to play stupid to a point. They come in 10 minutes later (and say) I’d like to do another two orders.”
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