Laws in Michigan may not have reached the point where recreational marijuana use is on the up and up, but Michigan businesses did find a portion of the law in their favour. Businesses have opted to start gifting candies (the regular, non-infused variety) or a piece of art, and bundling marijuana with the product as a gift.
In Michigan, giving marijuana in amounts of 2.5 ounces or less is permitted, as long as the recipient is an adult age 21 and over. As long as the service is not advertised, the move is permitted with no legal consequences.
One such business in the state is Smoke’s Chocolates, who specifically hire medical marijuana recipients. Those workers act as drivers for the business, and on deliveries are encouraged to offer a free gift to the customer. That gift, typically, is marijuana. The business itself does not purchase or physically handle any marijuana. However, the practice is alive with their drivers who are legally permitted to purchase the drug and then gift it as they see fit.
A similar move has become common in Washington, DC, where recreational use is legal but sales are not yet permitted.
On High Road, a Boston-based company that has a strong presence in Ann Arbor, Mich., has a similar practice with a line of art they call “High Art”. the pieces are delivered and typically arrive with a side gift of marijuana.
Medical marijuana dispensaries are expected to open within the year, and the success of these practices may drop at that time. The businesses are aware of this and fully intend to make the most of that time frame, then adjust the business model as necessary.
The practice, given its following of similar practices in other areas, will probably get a nod due to its gray area application. Meanwhile, the analogies applied are those similar to speeding when the driver goes five miles over the speed limit. Technically, it isn’t the most legal measure. However, given the minor level of the infraction, the effort to charge those involved would be counterproductive. In time, law enforcement officials may find it worthwhile to pursue. Only time can tell on that.
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