Law Office of Bruce Leach

City of Kalamazoo, Michigan Mayor Bobby Hopewell City Attorney Clyde Robinson City Clerk Scott Borling, City Manager Kenneth Collard Vice Mayor Hannah McKinney, City Commissioner Bob Cinabro

810-275-8899

Don Cooney, Barbara Hamilton Miller, David Anderson, Stephanie Moore Kalamazoo Police Department Kalamazoo County Prosecuting Attorney Jeffrey S. Getting

March 12, 2013

MEDICAL MARIJUANA LAW UPDATE AND REQUEST FOR THE KARMACY MEDICAL COLLECTIVE PROPOSITION 7 LICENSE Dear esteemed members of the city council of Kalamazoo and all other local offices; The Karmacy medical marijuana collective seeks your approval to open a licensed business under Proposition 7 of the City of Kalamazoo. We wish to open a clear line of communication and begin dialogue with all of the city leaders on this important matter. It is our goal to obtain one of the three available licenses offered under Proposition 7. The Karmacy is Michigan’s premiere Medicinal Cannabis Research Organization. We employ advanced scientific research techniques and statistics to educate and inform the medical marijuana community on the numerous benefits of this amazing plant medicine. We have developed a unique patient trial research program called the Strain Selection Assistance Program (SSAP). This research program is intended to assist every patient with a personalized cannabis regimen tailored to their specific ailments. Using this program paired with Applied Analytical Laboratory’s comprehensive analysis, we identify what cannabinoids and or strain genetics help the individual patient’s condition(s). The SSAP is a product of many years of research into the various medical properties of each strain we offer through our network. This program tracks the medical benefits and effects for thousands medical patients over time. We are a professional medical marijuana collective operation that we believe far exceeds the standards set by any other medical marijuana business in Michigan. We have worked very closely in mutual success with the City of Springfield from the start and we wish to have the same transparent partnership with the City of Kalamazoo now as well. We believe that the will of the people has been clear on the issue of Medical Marijuana since day one of its initiation. The people of our great state are overwhelmingly in favor of medical marijuana and do not want to see individuals prosecuted under the Act that was created

4025 E. Hill Rd, Grand Blanc, MI 48439

www.bruceleachlaw.com

Law Office of Bruce Leach

810-275-8899

specifically for the purpose of protecting them from such prosecutions. It is a clearly established fact that these seriously ill medical marijuana patients require a licensed facility to gain safe access to their medicine. We strongly believe that this issue presents an excellent opportunity to work in partnership with the City of Kalamazoo to stand up and protect the interests of our local citizens, and to make Kalamazoo a leader in compassion, education, and understanding when it comes to a medical patient’s choice of using Medical Marijuana. The Karmacy would like to open our exclusive medical collective at a proper location within the city of Kalamazoo. We will always remain in total compliance with your local ordinance, the MMMA and State law. No patient-to-patient transfers will be allowed on the premises. No use of medicine will be permitted on the premises. The Karmacy will operate as a non-profit organization and no profits will be made for providing a safe access facility where patients may acquire their medicine directly from their specific registered caregiver only. Our goal is to further public education and scientific research and lead the field in the medical marijuana community. Here is an example of our proposed medical collective business plan, so that we may all be clear that there will be absolutely no violations of the MMMA or State law as discussed in the Supreme Court decision in McQueen. Within The Karmacy collective, every member patient will be connected to his or her caregiver via an administered network. This will involve a membership application, potential change of caregiver forms, mandatory attendance to a legal 101 briefing on this collective structure and the protection it affords our members, and individual locker storage facilities for all members as needed to assist in the facilitation of caregiver-totheir-registered-patient only transfers. These lockers will be accessible only by the caregiver and their five specific patients, and each locker would only be permitted to contain a maximum of 2.5OZ of usable marijuana at any time, as permitted under the MMMA. For example, when a new patient comes in to The Karmacy, they will be required to apply for membership prior to being admitted for service. Once admitted as a member, their caregiver rights will be assigned to a designated caregiver within the network in order to prevent any “broken links in the chain.” One caregiver may provide medicine to their five registered patients only, and each of those patients may in turn be a caregiver for their five additional patients, and so on. Once the appropriate paperwork has been completed and filed with the State, the patient may then access the Ordering room where samples of the available medicine will be displayed for them to make their selection. Then the medicine may be ordered by the patient at least 24 hours in advance, allowing The Karmacy to contact that patient’s specific designated caregiver to arrange for the safe legal transfer of their desired medicine through the use of a locker system inside the building. In this manner, only “caregiver-to-their-registeredpatient” transactions will occur within the facility. It is our understanding of the law as stated in McQueen that as long as this model of “caregiver-to-their-registered-patient” transfer is adhered to within our facility, MMMA Section 4 immunity applies. Our focus always has been on safe access, education, scientific research, and compassion for seriously ill medical patients. We welcome your involvement in protecting the safety and security of patients in our community. We believe that the Supreme Court decision in McQueen specifically leaves the determination of these public nuisance matters up to the local community and its leaders. We also believe that our proposed legal collective structure for all transfers of

4025 E. Hill Rd, Grand Blanc, MI 48439

www.bruceleachlaw.com

Law Office of Bruce Leach

810-275-8899

medicine protects us from civil or criminal prosecution under Section 4 immunity of the MMMA and McQueen. We are also aware that some of you may have questions about how the recent Supreme Court decision in State of Michigan v. McQueen would apply to our proposed business, and we now wish to clarify these issues to your satisfaction. The Supreme Court in McQueen states that the local authorities have the option to prosecute local dispensaries as a “public nuisance” and violative of the public health code only if they are participating in patient-to-patient transfers. The opinion of the Attorney General and the Supreme Court in McQueen is that “patient to patient” transfers are not “civilly” protected conduct under the Public Health Code law. The public nuisance claim as in McQueen only applies to patient-to-patient transfers, which we will not allow on the premises. It is very important to note that none of the alleged conduct within McQueen would be criminally prosecutable under the MMMA and the affirmative defenses it affords in Sections 4 and 8. In fact, there is no discussion of criminal conduct within McQueen, other than the fact that he was actually immune to criminal charges under the Section 4 affirmative defense. It is simply a matter of local authorities deciding if a dispensary can be a public nuisance or not. There are currently bills pending in the legislature pertaining to “Provisioning Centers” as drafted by Rep. Calton, which evaluate how licensed dispensaries should be regulated and taxed. We believe this legislation will be fast tracked now after the completion of the McQueen case to further clarify the legality and legitimacy of safe access facilities like the Karmacy. We humbly request you approve The Karmacy for a Proposition 7 license to operate a medical marijuana collective within the City of Kalamazoo. We hope you will stand up for your local area citizens who are medical marijuana patients and will not abandon them to unsafe, back alley drug dealers. We pray that you will always find our services to the local community a professional medical public service rather than a public nuisance, as we strive to always abide by the law and stand up for our beloved medical patient rights. We would like to make available our attorney, Mr. Bruce Leach, to provide any clarification on this matter that you may require. He is available to answer all of your questions and concerns regarding this very important matter. Should you have any further concerns, please contact him directly at 810-275-8899. Sincerely,

Bruce L. Leach, Esq. Counsel for The Karmacy

4025 E. Hill Rd, Grand Blanc, MI 48439

www.bruceleachlaw.com

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