Selling marijuana won’t be legal for another year in Michigan, but entrepreneurs are seeing green with a loophole in the new law. Since recreational... Gift of pot? Marijuana businesses work in Michigan law’s gray area

Selling marijuana won’t be legal for another year in Michigan, but entrepreneurs are seeing green with a loophole in the new law.

Since recreational marijuana became legal Dec. 6, a few have made hundreds, even thousands, of dollars by selling overpriced inexpensive goods such as snacks, T-shirts and chocolates with a “gift” of marijuana. They agree their businesses operate in a gray area under state law, leaving law enforcement waiting for the Michigan Licensing and Regulatory Affairs Department to clarify the statute’s language.

“It’s a bit of a loophole,” said Alex Leonowicz, leader of the Cannabis Industry Group at Royal Oak law firm Howard & Howard. “If you look at form over substance, it’s right. Legally, can they do it? Yeah, but I think it flies in the face of the actual purpose of the law.”

The law that legalized recreational marijuana, which voters approved with nearly 56 percent support in November, says a person is within the confines of the law “who…delivers without receiving any remuneration to a person who is at least 21 years of age not more than” 2½ ounces of cannabis, roughly equivalent to 140 half-gram joints. [Read more at The Detroit News]

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