This article was originally published on the Marijuana Patients Organization site on January 19, 2012.
The Michigan Court of Appeals has determined that patient to patient transfers of medical marijuana creates a public nuisance and that only Caregivers may dispense the medicine to qualified patients. The courts looked to the Public Health Code for this determination, let us do the same and examine other aspects of the Public Health Code in order for your dispensary to remain compliant.
333.7303a Licensed prescriber; administering or dispensing controlled substance without separate license; use of other controlled substances; recording response; records required to be maintained; waiver of requirement under MCL 333.7303.
Sec. 7303a.
(1) A prescriber who holds a controlled substances license may administer or dispense a controlled substance listed in schedules 2 to 5 without a separate controlled substances license for those activities. (Caregivers are issued State ID cards to dispense schedule 1 controlled substances)
(2) Before prescribing or dispensing a controlled substance to a patient, a licensed prescriber shall ask the patient about other controlled substances the patient may be using. The prescriber shall record the patient’s response in the patient’s medical or clinical record. (Always a great idea to know your patient and document as necessary other medications their doctor has prescribed)
(3) A licensed prescriber who dispenses controlled substances shall maintain all of the following records separately from other prescription records:
(a) All invoices and other acquisition records for each controlled substance acquired by the prescriber for not less than 5 years after the date the prescriber acquires the controlled substance. (Keep records of what you purchase)
(b) A log of all controlled substances dispensed by the prescriber for not less than 5 years after the date the controlled substance is dispensed.
(c) Records of all other dispositions of controlled substances under the licensee’s control for not less than 5 years after the date of the disposition.
Since the Michigan Court of Appeals has determined marihuana caregivers and not patients to be prescribers of marihuana (controlled substances) per the Public Health Code, one could argue that the same amount of record keeping as outlined in the statute is necessary to continue legal dispensary operations. For information on industry best practices and record keeping for your medical marihuana dispensary, contact the MMDA.