In the weeds of the state’s medical marijuana law

In 2009 the U.S. Justice Department issued a memo that advised U.S. attorneys around the country not to focus resources on individuals “in clear and unambiguous compliance” with state medical marijuana laws.

Yet a follow-up memo two years later confirmed that the feds would continue to monitor “large-scale, privately-operated industrial marijuana cultivation centers.” In the time since, federal authorities have prosecuted the proprietors of some operations in California, Montana, and Michigan.

And because the memos aren’t written in stone, it’s possible that the busts could get worse. “If Rubio defeats Clinton in 2016, we could have a different policy that says we’re going to shut down every single cultivation center,” says Gabriel Plotkin, an attorney at Miller Shakman & Beem and former federal public defender. “It creates a really risky thicket.”

Yipes.

Stay calm. Analysts still believe the risk of federal prosecution in Illinois is minimal for users and for businesses following state law. “This law is targeted, narrow, and restricted—it keeps things pretty small,” Plotkin says. “For those who want to take the risk, there’s a real opportunity hSo there must be a way to make money in medical cannabis.

Yes, says the Michigan dispensary owner—”but not without pain.”

He means that it’s a difficult venture—but also that it would be a lot easier to bring in a profit if chronic pain were added to the list of qualifying conditions. Currently pain is the leading reason people visit his dispensary in eastern Michigan. All told, it draws 30 to 40 customers daily, and since it’s a nonprofit, each one “donates” an average of $100. That adds up to $3,000 to $4,000 a day. Without the business from pain sufferers, the receipts would probably drop by as much as half.

It’s not clear how much money is to be made in Illinois. But he’s preparing to expand here anyway, since he thinks the opportunities will continue to flower. “We really don’t see it going backwards, especially when two states have completely legalized and others are on the verge of doing it,” he says.

When will I be able to visit a dispensary?

Though the program is supposed to start on January 1, it will take months, at a minimum, for the system to get up and running. Some interested businesses say they hope to open their doors a year from now, but in some other states the process has taken much longer—in Arizona, for example, it was two years.

I’ve lived in Illinois for awhile, so I have to ask: what’s the government’s cut of this?

The state could certainly use some more cash, but “I don’t think we know if this’ll be a significant source of revenue,” says Representative Lang.

Patients will pay a 1 percent tax on the purchase of cannabis, as they would when buying other medications. On the business side, the state will impose a 7 percent tax on cultivation center sales. The proceeds will be used to underwrite the costs of running the medical cannabis program. If any money is left over, it’s supposed to be used on crime prevention programs.

What about the politicians themselves? Are they going to make friends with financial benefits in the cannabis industry?

Actually, the law prohibits dispensaries and cultivation centers from giving to political campaigns in Illinois, and politicians are prohibited from accepting them.

Of course, the Illinois law isn’t on the books yet, so no part of it has been challenged in court, but many legal analysts believe the contribution ban is unconstitutional.

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