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Cannabis: the Gift that Keeps on Giving

While cannabis is now legal in Michigan, the Department of Licensing and Regulatory Affairs does not yet provide commercial licenses for recreational marijuana dispensaries. But businesses have identified a loophole in the law, allowing them to gift cannabis with the sale of other products such as snacks and chocolates.

According to the Michigan Taxation and Regulation of Marihuana Act, gifting of marijuana is permissible in a restricted amount and manner. The law, passed Dec. 6, states that “giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana . . . to a person 21 years of age or older” is legal “as long as the transfer is not advertised or promoted to the public.”

Some Michigan sweet shops, are taking advantage of the grey area in the law, by hiring delivery drivers who are medical marijuana patients and are therefor allowed to give “gifts” upon delivery of the candy completely at their discretion.