Law Michigan MMJ

[Shredder]

LARA Listing of All Michigan Opt-In Communities for MMFLA Program

by Rick Thompson/March 20, 2018

LANSING- The state Department of Licensing and Regulatory Affairs (LARA) has issued a list of more than 70 Michigan communities which have already passed ordinances allowing medical marijuana businesses to open under the new taxed and regulated program called the Medical Marihuana Facilities Licensing Act (MMFLA).

The MMFLA was passed in 2016 by the legislature and the program is being rolled out in 2018 under Emergency Rules enacted by the Bureau of Medical Marihuana Regulation (BMMR). The applications process for hopeful businesspersons was initiated on December 15, 2017; the first wave of applications will be considered by the Licensing Board at their meeting on Thursday, March 22.

In addition to the 70+ cities and townships which have passed ordinances under the MMFLA Emergency Rules, the list also includes more than a half-dozen cities which have ordinances pending. The list was updated as of March 9, 2018.

YOU CAN VIEW THE LIST HERE

The list cites marijuana-friendly communities in 37 different Michigan counties- less than half of the state’s 83 counties. The top areas for inclusive communities includes Bay and Van Buren Counties (5 listings); Ingham, Macomb, Marquette and Wayne Counties (4 listings); Berrien, Genesee, Kalamazoo, Oakland and Tuscola Counties (3 listings).

Notably absent from the listing are nearly all of Michigan’s largest cities and urban population centers. No enabling ordinance exists in Detroit, Grand Rapids, Warren, Sterling Heights, Ann Arbor, Flint, Dearborn, Westland or Livonia. Of the state’s ten most populous cities only Lansing has a correct enabling ordinance, per the LARA listing.

The need for these enabling ordinances is underscored by the wave of Cease and Desist letters being issued by LARA and the BMMR against businesses operating in Michigan’s five newly-regulated industries: the cultivation, processing, testing, transportation and retail sale of medicinal cannabis. 40 letters were delivered last week by Michigan State Police and representatives from LARA in the northern and western portion of Michigan’s lower peninsula. Spokespersons from LARA reportedthat there are “hundreds” more Cease and Desist letters to come.

The Cease and Desist action is designed to bring an end to long-standing businesses which have not made application for the MMFLA program and have not received an Attestation Letter from their municipal clerk. Businesses with those documents were required to submit them by February 15. Eyewitnesses and business owners who received the Cease and Desist order reported to The Social Revolution that the agents of LARA made reference to a master list of non-compliant businesses identified by the state agency.

Although Detroit is not included in the LARA listing of cities with enabling ordinances, they did have one in place until City Council decided to suspend it. Some business owners and applicants in Detroit were able to receive those all-important Attestation Letters and successfully made application to the BMMR in time, according to BMMR Director Andrew Brisbo’s interview on the industry podcast Jazz Cabbage Cafe.

The list is maintained by LARA and the permanent link to the listing can be found on the BMMR website HERE.

Nothing in my neighborhood, not that it matters to me. Fredrick is about 45 minutes away, and i think the closest. In a way I'm surprised, but it ain't over yet. Once these little burgs see $$$ going elsewhere, they'll prolly come around.

Disappointed in Gaylord too. They had 8-9, and now they can't pass an ordinance. I'd ideally like to see a lot of dispensaries so competition could keep prices down.

 

[momofthegoons]

Disappointed in Gaylord too. They had 8-9, and now they can't pass an ordinance

I was hoping they would get their act together as well. That's only a 45 minute drive from my cottage. It would be nice to have a dispensary close (by 'up north' terms lol).

I'd ideally like to see a lot of dispensaries so competition could keep prices down.

I'd like that as well. And I'd like more in Oakland County. Some of the dispensaries in Wayne County are in tough neighborhoods.

There was some speculation that this list might be incorrect or incomplete. But I guess, as you said, we'll see....

 

[BD9]

LARA Listing of All Michigan Opt-In Communities for MMFLA Program




YOU CAN VIEW THE LIST HERE


Notably absent from the listing are nearly all of Michigan’s largest cities and urban population centers. No enabling ordinance exists in Detroit, Grand Rapids, Warren, Sterling Heights, Ann Arbor, Flint, Dearborn, Westland or Livonia. Of the state’s ten most populous cities only Lansing has a correct enabling ordinance, per the LARA listing.

Ann Arbor! Wow.
I don't understand. It makes no sense. Hash Bash, Monroe Street. What the hell?

Happy to see Berrien County on the list. There has been a lot of local news about 'future dispensaries' opening.

 

[momofthegoons]

Ann Arbor! Wow.
I don't understand. It makes no sense. Hash Bash, Monroe Street. What the hell?

Hash Bash is still on for this year. So I'm thinking that Ann Arbor might be doing what it's done from the beginning....
It will be interesting to see if it goes without a hitch.
And speaking of hash bash....

Taking Hash Bash to the next level

Could 2018 be the Hash Bash to end all Hash Bashes?

Well, it could be the end of Hash Bash as we have come to know it, because 2018's could be the last one while marijuana is still illegal in Michigan. A pending ballot initiative now with the state legislature would put the question of legalizing recreational marijuana on the fall ballot.

If the initiative passes, the next Hash Bash will be held in... shall we call it "free territory"?

The Hash Bash proper, the thing that has been going on for 47 years, is a one-hour smoke-in, protest, and political rally that takes place on the U-M Diag starting at noon on April 7 this year.

The first bash, in 1972, was timed to take advantage of a Michigan Supreme Court ruling that temporarily left marijuana legal in Michigan for a short while. Since then it's been held under the duress of prohibition. Even Ann Arbor's famously lenient pot laws don't apply because the bash is held on campus, where state law and city law doesn't apply.


Regardless of the law, and the occasional bust by campus police, marijuana smoking is rampant among the huge crowd that shows up — hey, it's a "smoke-in." Last year, a reported 6,000 to 7,000 attended the rally. This year's event, with a legalization effort to focus on, should attract even more people (if the weather cooperates).

"I am excited to witness the end of cannabis prohibition in Michigan," says Bash organizer Nicholas Zettel. "The energy that culminated to make the legalization petition drive a success is continuing to build and grow. Hash Bash has been steadily growing since the passage of Michigan's Medical Marijuana Act in 2008, and I believe this year could see the largest attendance in the event's history."

To do that, attendance would need exceed 15,000. But that's doable, as the stigma against marijuana eases and more people are willing to come to the party.

Although there is smoking and music at the Bash, the party really takes off at the Monroe Street Fair, which starts at noon but lasts into the evening with a stage, bands, speakers, and a whole lot of marijuana circulating in the crowd. In its 17th year, the Monroe fair is a clever way to take the people off campus after the Bash, avoid the police, and keep the party going. Consider it something of an Oktoberfest, with marijuana's lovely green leaves replacing the beer and lederhosen.

With this demonstration of longstanding loyalty to the Hash Bash brand, it's a no-brainer that it's here to stay and will probably grow. For one thing, next year's event could be a huge celebration of a legalization victory... if that happens. And there will be the federal laws to target for change. So there will still be plenty to protest, and no doubt plenty to smoke.

A changing of the law and a few rules will open the door to more spinoff events, such as the Hash Bash Cup. Now in its second year, the HBC is a three-day festival taking place concurrently with Hash Bash weekend at the Wyndham Garden Hotel & Hampton Inn. It is a Cannabis Cup-type marijuana competition with judges handing out a trophy.

"That event has been created to offer safe access to folks who come to Ann Arbor looking for more than a one-hour rally on the Diag at high noon," says HBC organizer Adam Brook. "We will have three days of live entertainment, vendors, glass blowing, food trucks, oh, and don't forget about a pool for what both High Times and WeedMaps employees said last year was the best event they'd ever seen. We take over the whole hotel. You have to have a room or ticket to get in."

If you're going to hang around for the third day of the HBC, then you may as well check out the Athletes and Cannabis panel on Sunday at 2 p.m. at the Rackham Auditorium. This one features currently active Detroit Lion Mike James, former Red Wing Darren McCarty, and former NFL player Eugene Monroe. The panel will be moderated by Dr. Sue Sisley, a psychiatrist, former University of Arizona assistant professor and researcher studying marijuana and PTSD.

All told, you have the protest, the party, the competition, and the medical discussion. This shows growth and depth and illustrates how the Bash has potential to go in a number of directions.

"Cannabis should never have been made illegal, and now its huge potential can be realized in many ways," longtime Ann Arbor activist Chuck Ream says.

Indeed, cannabis could be a huge part of the economy when you factor in the thousands of industrial uses for hemp, including medical and recreational applications. When one considers all the salves, ointments, tinctures, and oils on the market already, it looks like recreational use could be an afterthought in a fully integrated industry. Events like Hash Bash helped pave the way for these changes and will continue to be an integral part of moving marijuana forward.

"I also believe the end of prohibition will only make the event larger and more important," Zettel says. "There will always be the need to ensure legalization is administered in a fair and equitable manner, and there are even some issues that could not be included in the recent ballot proposal that are very important. Among them are expungement, exoneration, racial equity, and finding creative ways to reverse the harms of the Drug War. These topics are becoming more and more imperative as cannabis becomes legal and acceptable across the country."

Let's keep the party going.

Lamb wins with pot

As we move into our electoral season with marijuana as one of the hot topics, it's instructive to note newly elected Rep. Conor Lamb of Pennsylvania, a Democrat. He won a hotly contested special election last week by a razor thin 627-vote margin. Almost anything could have made the difference in sending the democrat to Congress, including his stance on marijuana. During the campaign, Lamb discussed his support for Pennsylvania's medical marijuana law that was signed in 2016. His opponent, Republican Rick Saccone, reiterated his opposition to that medical marijuana law, which has more than 80 percent voter approval. Lamb said that he supported medical marijuana as long as it was well regulated. It's impossible to say how much of a difference his position made for voters.

The bottom line is that he supported medical marijuana and won. Saccone opposed marijuana and lost. It used to be automatically the other way around when it came to the herb.

 

[momofthegoons]

Michigan Cracks Down On ‘Gray Market’
Amid legal challenges and disputes over zoning in Detroit, Michigan’s long-awaited regulatory regime for cannabis dispensaries continues to face obstacles to implementation. This has left hundreds of dispensaries operating in a “gray market” — tolerated by the authorities on an unofficial basis while the mess is being worked out. But now state authorities have started to order these outlets closed, potentially leaving thousands of registered users without access to their medicine.

Some 40 medical marijuana dispensaries in Michigan were ordered to close last week, and state authorities said hundreds more would follow in the weeks to come. The dispensaries in question have been operating in what is widely called the “gray market” — falling through the gaping legal holes in Michigan’s troubled medical marijuana program, but tolerated by the authorities. Now, the state government appears to be saying they cannot operate until those legal gaps are closed.

“Personnel from the Bureau of Medical Marijuana Facilities Licensing Division Enforcement Section accompanied by Michigan State Police troopers have begun physically serving cease and desist letter to marijuana businesses that are not in compliance with Emergency Rule 19,” read a statement from David Harns, press representative for the Michigan Department of Licensing and Regulator Affairs, as reported by the Associated Press.

“Any business that didn’t apply for a license by Feb. 15 isn’t in compliance with the emergency rules that were set up,” Harns added to the Detroit Free Press. “We did 40 today all throughout the state and there will be hundreds more.”

A part of the problem is that dispensaries need approval from both state and municipal authorities — and the local regulations in Detroit are being held up by litigation.

Detroit’s 62 medical marijuana dispensaries had been set to close on Feb. 15 amid a legal challenge to two measures passed by the city’s voters in November regarding the zoning of retail cannabis outlets. In January, the city announced a kind of reprieve, saying it would offer dispensary owners a chance to apply for permits anew by the February deadline. As the Free Press noted, however, the deferment was temporary and set to expire on June 15, if the legal challenge has not been resolved by by then.

This isn’t the first time we’ve seen such headlines from Michigan in recent months. Dispensaries were originally set to close statewide by Dec. 15, the day that applications for five categories of licenses (cultivation, processing, distribution, sales and safety compliance) became available. But medical marijuana cardholders — more than 272,000 statewide — feared being without access during the lapse between applications being submitted and licenses being issued. State authorities capitulated to this grassroots pressure and extended the deadline in November. Gov. Rick Snyder signed temporary “emergency rules” to oversee the dispensaries in the meantime, CBS Detroit noted as the deadline was impending in December. The new deadline for state applications was set at Feb. 15, the same as that for the city of Detroit.

So there has been a sense of kicking the can down the road — until now.

Michigan passed a medical marijuana law in 2008, but the initial dispensary system subsequently established was struck down by the state Supreme Court in 2013. The court found that under proper interpretation of the Michigan Medical Marihuana Act, retail distribution of cannabis was not allowed. The Medical Marihuana Facilities Licensing Act was passed in 2016 to reboot the dispensary system, clarifying this ambiguous point in the 2008 law. But implementation of the new system has also been slow and contentious, leaving dispensaries in the legal “gray zone.”

The most recent controversy surrounds the two Detroit ballot measures that were passed in November, loosening restrictions on where dispensaries can operate in the city, which had been imposed by ordinance in 2015. Proponents of the ballot measures — chiefly in the group Citizens for Sensible Cannabis Reform —argued that the zoning restrictions discriminated against the city’s African American community. On Feb. 16, a Wayne County Circuit Court judge slapped down the measures, finding that zoning cannot be enacted by voter initiative under Michigan law. But Citizens for Sensible Cannabis Reform is preparing an appeal — meaning that the matter could drag on for months, leaving dispensaries in legal limbo.

If Michigan can ever get this mess straightened out, the cannabis economy could potentially boom in the state that has long been a national symbol of post-industrial hard times and urban blight. The Free Press reports that there are 378 cannabis business licenses pending with state authorities, but still awaiting approval from municipal authorities. Another 117 pending state applications already have such local approval, and are good to go as soon as the new regulatory regime gets off the ground. Hopefully, that will happen later this year. But whether the outlets now being ordered closed will survive to win legitimacy under the new regime remains to be seen.

 

[momofthegoons]

Chesaning marijuana land rush gets more acreage

SAGINAW, MI -- People opposed to more land for the marijuana land rush in Saginaw County were vastly outnumbered by supporters Tuesday at the County Board of Commissioners meeting to boost Chesaning's hopes for budding marijuana businesses.

The board approved annexation of 19 acres from the Chesaning Township to the village of Chesaning to promote the business and economic development.

All commissioners except for Dennis Krafft voted for the annexation on Tuesday, March 20.

Zach Chludil, Chesaning resident and co-founder of Plant Life, said the land will be used to grow marijuana for medical reasons and then shipped to dispensaries across the state.

The land, formerly the Peet Packing Co., sits on the property line of the village and township.

"We have been trying to get annexed into the village so we can be a part of the medical marijuana ordinance," Chludil said.

In June 2017, the Village Council opted into the state medical marijuana facilities act.

Plant Life LLC will run an organic medical marijuana growing operation that is projected to create 320 jobs over the next five years.

"The township is kind of archaic in their mindset and very non-progressive and they're completely against it," Chludil said. "It's just a moral issue with marijuana, so they're completely against it. They fought the annexation tooth and nail to prevent us from being able to use the Farmer Peet facility, which we own. They would rather see it stay vacant rather than have a viable business."

Ken Hornak, a Chesaning resident, forefully spoke out against the plan at the meeting.

"I call it a tsunami. It's like a wave but, it's a tsunami. It will consume our community presence," Hornak said.

A few others who opposed the decision voiced their opinions from their seats or clapped to show their support. However, the presence in the room was overwhelmingly in support of the the land annexation.

"Today is a great day for the village of Chesaning the township of Chesaning, Saginaw County and the state of Michigan because everyone is going to win," Chludil said. "Everyone is going to get quite a jolt of economic stimulation out of this."

The next step for the business is to submit an application to the village for a medical marijuana facility. The Village Council passed a 180-day moratorium on new applications for medical marijuana facilities that will go into effect on July 1, but the council will still accept applications until then.

Chludil said the annexation opens the door for future endeavors such as an opiate rehabilitation center the group plans.

As of February, the Village Council approved licenses for two provisioning centers or dispensaries and several grow/process facilities.

 

[momofthegoons]

Ann Arbor! Wow.
I don't understand. It makes no sense. Hash Bash, Monroe Street. What the hell?

Just got this little blurb in my MINORML email:

"The Ann Arbor city Council submitted to the state of Michigan a list of 18 cannabis businesses that were approved and not to be bothered"

Ann Arbor has always been a front runner in the cannabis legalization movement. I didn't expect that to change.

 

[Baron23]

Medical marijuana licensing gets off to rocky start: 1st 2 applicants temporarily rejected

LANSING — The first time the Michigan Medical Licensing Board began considering applications for marijuana businesses in the state ended Thursday with nobody getting approval.

The two applicants for licenses — for a transport service and a dispensary — were at least temporarily rejected by the board on 2-2 votes. They were applying for pre-approval of their applications, which means that they have filed an application with the state, but haven't gotten approval yet from a community where they want to operate.

Michael Densmore, owner of GreenTransport Services in Gratiot County, wanted a license to be a secure transporter of medical marijuana to other cannabis businesses. But during a background check, a 20-year-old misdemeanor against Densmore was discovered that he hadn’t disclosed. Tim McGraw, the owner of the other business — TJM Enterprises, which wanted to open a dispensary — had a possession of marijuana charge on his record that was uncovered by the state during its background check.

The state did not provide details on the information found in the background check.

More: Michigan officials shutter 40 medical marijuana businesses across state

More: Detroit could miss out on millions from medical marijuana

Their applications weren’t outright denied, however, and they’re expected to be back again at the next board meeting in April for a reconsideration of their applications.

“I guess I’ll come back for the next meeting,” said Densmore, who didn’t want to comment on the charge against him. “I’ve had a gun permit continuously since 1999. I’ve got a liquor license, a DNR license, a lottery license. I’m a law-abiding citizen. I had no idea there was anything out there like this. We’ll address it and take care of it.”

Licensing Board chairman Rick Johnson said the board is going through some growing pains.

“We’ve got a lot of applications to get through and we’ll get through them,” he said. “But we want to get them right.”

Board member Don Bailey, a retired officer with the Michigan State Police was adamant that the applicants should be disqualified because they hadn’t disclosed the charges on their record.

“It’s the omission that’s troubling to me,” he said.

But board member David LaMontaine, said that everyone should be given a second chance and that the charges themselves wouldn’t disqualify the applicants.

“The disclosure was not made, but they filed an addendum” to explain the omission,” he said. “This happened a significant time ago. I don’t know if this is adequate to hold against these folks.”

Andrew Brisbo, director of the state’s Bureau of Medical Marijuana Regulation, said the bureau doesn't recommend approval or denial to the licensing board.

“We didn’t come in with expectations — we provide the applications for their consideration and they make their decisions,” he said.

Meanwhile, the state has served more than 200 cease and desist letters to medical marijuana businesses in the state, telling them that since they haven’t applied for a license that they’re operating outside of the medical marijuana law and they have to close or risk not being able to get a license at all. If they don't shut down, they'll also be turned over to law enforcement, which could shut them down.

Rick Thompson, a marijuana advocate and board member for Michigan NORML, said he's hopeful that the board will start accomplishing some substantial work.

"But it was discouraging that they only considered two applications today," he said. "This board only meets nine times a year and with all five industries having applications flowing through there, it seems like a bottleneck that will prevent this industry from flourishing in the way it was initially intended."

 

[momofthegoons]

In my humble opinion, taxing medicinal use is criminal. And to go even further and expect patients to declare taxes on mmj from caregivers? This is ridiculous.

Feds unlikely to pursue Michigan medical marijuana, but treasury will

There is good news and bad news for the fledgling marijuana industry in Michigan.

The good news first: The federal budget passed by Congress and signed by President Donald Trump on Friday includes language that continues the policy that the federal government shouldn’t use resources to enforce federal drug laws in states that have legalized medical marijuana.

The bad news: The state Department of Treasury sent out a bulletin earlier this year that it expects medical marijuana card holders to pay a 6% tax whether they purchase the product from a dispensary operating with a state-issued license or from a caregiver operating under the old law that was approved by voters in 2008.

This is a departure for patients who will continue to use a caregiver — a person certified to grow 12 plants for each of five patients, say medical marijuana cardholders. They haven’t paid taxes on the products they’ve purchased since the old medical marijuana law was passed.

But it will be an honor system for those patients because they’ll have to claim what they’ve purchased on their annual state tax returns as a use tax. Cardholders who use dispensaries will pay a 6% sales tax — along with a 3% excise tax — when they purchase the product at a dispensary.

Marijuana advocates are calling it the “patient tax.”

"Until earlier this year, the Treasury Department didn’t want anything to do with patient-to-caregiver transactions," said Rick Thompson, a board member of the Michigan chapter of the National Organization for the Reform of Marijuana Laws or NORML. “Any change of this magnitude should be initiated by an act of the Legislature. It shouldn’t be up to the purview of a state department or department head."


On the enforcement front, the federal government considers marijuana an illegal controlled substance, but 30 states have legalized cannabis for medical use, including eight states and the District of Columbia that also have legalized marijuana for recreational use. The federal budget language clarifies that states with medical marijuana laws shouldn't be a target for federal prosecution.

"It’s great news because it takes the teeth out of (Attorney General Jeff) Sessions' decision to rescind the Cole memo," said Alex Leonowicz, an attorney with the Howard & Howard law firm in Royal Oak.

That memo, signed in 2013 during the administration of President Barack Obama, discouraged the Department of Justice from using federal resources to prosecute marijuana crimes in states that had legalized marijuana for recreational or medical use. And while that policy has been reversed, the recently passed federal budget doesn’t contain any money for medical marijuana enforcement.

“And nobody works for free,” Leonowicz said.

Left a bit in limbo, though, is the recreational market, which isn’t included in the language of the federal budget. Michigan voters may get to weigh in on the subject if a proposal to legalize marijuana for adult recreational use gets on the ballot in November.

“It’s important for any new industry to have continuity of regulations,” Thompson said. “It’s important for people who want to engage in industry as well as the financers and bankers who are going to go out on a limb to support the industry."

Josh Hovey, spokesman for the coalition that is pushing the legalization ballot proposal said they’re not too concerned about the lack of recognition from the federal government for the recreational marijuana market.

“Based on recent polls, people in Michigan believe prohibition is a failed experiment and they're ready for something different,” he said, citing a poll done earlier this month by the Lansing-based polling firm EPIC/MRA, which showed 61% support for legalization.

The poll was paid for by Michigan NORML.

As for the 6% tax, the state Treasury Department issued the bulletin earlier this year that it expects medical marijuana cardholders to pay the 6% tax on the products they purchase no matter where the product is sold.

"A qualifying patient that receives marijuana from a primary caregiver is liable for use tax at a rate of 6% of the purchase price of the marijuana," the bulletin states. "Use tax should be remitted and reported annually on the qualifying patient’s Michigan Individual Income Tax Return."

Angie Roullier, 43, of West Bloomfield was one of the first medical marijuana cardholders after the 2008 ballot proposal passed and the cannabis has provided tremendous relief from her symptoms of muscular dystrophy.

“The state’s getting their money whether you walk into a dispensary or not and it’s the only medication that is taxed,” she said. “And that’s BS.”

While there haven’t been similar bulletins sent out by the Treasury Department in recent years, spokesman Ron Leix said the tax on medical marijuana is not new and similar to the 6% use tax people are supposed to pay for online purchases in which the business doesn’t charge sales tax.

“It’s an honor system,” said Treasury Department spokesman Ron Leix, and not particularly easy to enforce.

The 6% use tax is consolidated into one line on state tax returns, so it’s impossible to tell if or how much medical marijuana cardholders have paid over the years.

“If they have, it’s been minimal,” Leix said.

As for further individual notifications to medical marijuana cardholders, who decide to continue to use caregivers rather than dispensaries, Leix said, that task would be impossible because of medical privacy laws that prohibit the disclosure of the names of cardholders.

“What I like to call this tax is the pass and pretend laws,” Thompson said. “They pass the laws and we pretend that people are going to comply.”

But Leonowicz said the Treasury Department bulletin is an attempt to level the playing field for medical marijuana customers.

“It’s a loophole that needs to be closed. If you don’t put everyone on the same plane, you can have caregivers who can charge less than dispensaries,” he said. “It’s consistent and it’s fair across the board.”

 

[momofthegoons]

Could a lawsuit derail Lansing's marijuana ordinance? City asks appeals court for ruling

LANSING — The city has hired an outside firm in its fight against a lawsuit that could derail Lansing's medical marijuana ordinance.

A pro-marijuana group called Let Lansing Vote sued the city in November 2017, alleging City Clerk Chris Swope improperly rejected a petition that would have forced City Council either to repeal its 2017 medical marijuana ordinance or bring the issue before voters.

In February, Ingham County Circuit Court Judge James Jamo sided with Let Lansing Vote when he rejected the city's motion to dismiss the lawsuit.

The city filed a motion Thursday, indicating it will ask the Michigan Court of Appeals to reverse that decision.

Mary Massaron, an attorney with the Plunkett Cooney law firm, filed the latest motion on behalf of the city. The City Attorney's office did not respond to a question about the cost of hiring that law firm. City Attorney Jim Smiertka had previously been the city's lead attorney in the case.

In court filings, the city argues the lawsuit should be dismissed because, under the Lansing City Charter, the clerk has discretion to determine whether signatures are valid.

The clerk rejected the Let Lansing Vote petition after determining it was short the required number of signatures. Let Lansing Vote says the clerk invalidated signatures that should have been counted.

The city also argues Let Lansing Vote did not challenge the ordinance in a timely manner.

"They're trying to avoid getting to the substance of the case because we would win on that substance," Bob Baldori, an attorney for Let Lansing Vote said. "Were these signatures valid or not? Should they have been counted or not?"

Baldori said Let Lansing Vote will respond to the Ingham County Circuit Court order with an amended complaint to show the clerk acted in an "arbitrary" manner when he rejected some of the signatures.

invoice provided to the Lansing State Journal by the City's Clerk's office.

"We didn't have that level of expertise in-house," Chief Deputy City Clerk Brian Jackson said of the decision to hire ICF.

By using an outside firm, the city ensures greater independence in its licensing process, Jackson said.

It costs $5,000 to apply for a city license. The city will refund $2,500 if the application is denied. Business owners will eventually need both city and state medical marijuana licenses to operate legally.

As of Friday, the city had received applications for 85 dispensaries, 46 growers, 14 secure processors, one secure transporter and one safety compliance facility.

If Lansing repealed its 2017 ordinance, there would be no medical marijuana ordinance on the books until City Council voted to enact another one, according to the city attorney.

It would be unduly disruptive if a court order forced the city to meet the demands of Let Lansing Vote, the city argues.

"[A]n entire industry and the people who rely on it for their livelihood and well-being will be put in jeopardy if the city is forced to call for a referendum initiative based on invalid signatures," attorneys wrote on the city's behalf. Lansing's next election would be Aug. 7, 2018.

The city further contended the lack of a legal medical marijuana industry would harm patients and foster a "black market."

Let Lansing Vote says the city's 2017 ordinance is too restrictive. The group submitted an ordinance proposal to City Council earlier this month, which did not include a cap on the number of dispensaries.

 

[BD9]

Southwest Michigan Asylum inmates, here's some good news! Dispensaries are open and more will be opening in Bangor Michigan.

https://www.abc57.com/news/clearing-up-the-smoke-medical-marijuana-in-southwest-michigan

About an hour north in the tiny city of Bangor, The Green Door Dispensary opened up about three months ago.

“We want to be the example of doing it right, following the laws, and doing it the way it should get done,” said Mark Smith, the president of the dispensary.

Smith went from managing manufacturing plants for over three decades to now managing a marijuana business.

His daughter’s epilepsy led him to look into the drug. And once he realized it worked, he drew up a business plan.




Medical marijuana dispensaries start opening across Bay County

http://www.mlive.com/news/bay-city/index.ssf/2018/02/roots_dispensaries_opens_to_se.html

"The medical marijuana industry is kind of taking the place of those prescription medications," Angie Dabrowski said. "We thought it would be helpful to society."

 

[momofthegoons]

Some interesting points down at the bottom of the article on what will, and wont, be allowed. They've stated no certifications can be issued at dispensaries which will change up things. We have a few that have doctors on board. Lol... and would you believe we used to have at least one drive thru dispensary?

Medical marijuana business bids backing up: Michigan adds more licensing meetings

LANSING — When Michigan's medical marijuana licensing board couldn’t come to a consensus on the first two applications for licenses to transport and sell cannabis, regulators realized that getting applications through a new licensing process was going to be harder than they anticipated.

So instead of the five meetings set for the rest of the year, the board added two meetings to its schedule on Tuesday to tackle the hundreds of license applications that are pending.



The timing of the meetings – one in April and two in May – is particularly crucial for 215 marijuana businesses across the state who face a June 15 deadline before their temporary operating status expires. If they haven’t gotten a state license and approval from communities that have passed medical marijuana ordinances by then, they’ll have to shut down.

“The main reason we’re adding the meetings is to get through more applications and pre-qualifications in a quicker time frame,” said David Harns, spokesman for the Michigan Department of Licensing and Regulatory Affairs.

On Thursday, the board deadlocked 2-2 on two applications, one from a Gratiot County resident who wanted to start a business to transport marijuana from growers to processors, testing facilities and dispensaries, and the other from a Detroit business owner who wanted to open a dispensary.

Both had misdemeanor crimes on their record — one that was 20 years old and the other that was a possession of marijuana charge that had been expunged from his record —that they hadn’t disclosed in their applications. Neither of the charges would have disqualified them from getting a license, but those opposed to their applications – board members Don Bailey and Rick Johnson – said the omission was enough to secure their no vote.

The two applicants are expected to ask the board to reconsider their requests. And if all five board members are in attendance at the next meeting on April 19, the applications could get approved.


So far, 411 applications have been submitted for pre-qualification approval, which means they’re still waiting for approval from the community where they want to locate. Another 141 applicants — 57 growers, 21 processors, 57 dispensaries, two 2 transporters and four 4 testing facilities — have submitted full applications that include approval from their communities.

People began submitting applications on Dec. 15 and background checks on the people involved in those businesses are taking longer than anticipated, said Andrew Brisbo, director of the state’s Bureau of Medical Marijuana Regulation.

“The vast majority waited until the last day (Feb. 15) that they were eligible to apply and continue operating,” he said. “We got 174 applications on the last day to apply, so it’s going to be a quick turnaround to get through those.”

To try and speed up the licensing a bit, the state will begin delivering instructions to the 215 businesses that are temporarily operating with approval from their communities about what they can expect when their turn for a license approval comes up.

Included in those instructions are inspections of their facilities and the requirement that owners do criminal background checks on all employees that they plan to hire.


Among the other things applicants will be told:

• No drive-through dispensaries will be allowed and neither will marijuana sales through the mail.
• Any change of location for a medical marijuana facility will have to go through the licensing process again, including the $6,000 application fee and the imposition of the regulatory assessment, which ranges from $10,000 to $48,000
• Every marijuana-infused product must have a label that includes the amount of THC in the product and be properly labeled with the state’s medical marijuana logo.
• If medical marijuana is being grown outside, it must be enclosed by fences or other barriers that block the view of the plant.
• Dispensaries cannot sell alcohol or tobacco products and can’t allow doctors to examine or provide medical marijuana cards to individuals at the dispensary.
• Dispensaries can sell medical marijuana to both qualified card holders and visitors from other states where medical marijuana has been legalized.
• Drivers for secure transport companies must have chauffeur licenses and always work in teams of two, with one person remaining in the vehicle at all times.

The next licensing board meeting when license applications will be considered will be 9 a.m. April 19 in Lansing.

 

[BD9]

• 
  
  • Dispensaries can sell medical marijuana to both qualified card holders and visitors from other states where medical marijuana has been legalized.

Does this mean that If I have ID from a legal state, CO, MA, WA, I can buy at a MI dispensary? Or do I need a medical card?

 

[momofthegoons]

Does this mean that If I have ID from a legal state, CO, MA, WA, I can buy at a MI dispensary? Or do I need a medical card?

According to the Michigan Medical Marijuana Act (which you can find in it's entirety here).....

"(k) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department."

 

[Baron23]

According to the Michigan Medical Marijuana Act (which you can find in it's entirety here).....

"(k) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department."

I'm coming to Michigan, Mom...get the map of dispensaries ready! LOL

 

[Shredder]

I wonder how this law will look in about five years. I bet it changes.

I see the secure transport part as a sham. If a dispensary is to make money the prices are gonna be crazy. And for growers? Build it and hope? Lol. No garanteed prices, but big fees.

 

[Baron23]

Wow, @momofthegoons .....yeah, I think you better learn to grow. Wow, from one of the biggest programs in the country to one of the most confusing and F'd up. Hopefully this will all sort out....but a grow room would be very nice to have, yeah?


Michigan has yet to license a single medical marijuana business

Michigan Governor Rick Snyder signed legislation to regulate the medical marijuana industry in September 2016. But a year and a half later, the state still hasn't licensed a single cannabis business. Now, the licensing board is adding two more meetings to its schedule in an effort to expedite the process.

It's unclear how effective two extra meetings will be in speeding up the licensing process. Last week, the Michigan Medical Licensing Board deadlocked on two applicants – each rejected by a 2-2 vote. Both were temporarily rejected for an application thanks to misdemeanors that hadn't been disclosed.

Tim McGraw, who is seeking a dispensary license, got in trouble with the two board members thanks to a misdemeanor marijuana possession charge that was expunged from his record. He disclosed a separate drunk driving ticket in his application, though.

"I wasn't trying to hide it," he told the Detroit Free Press, describing the process as "extremely confusing." He said that he did not know he had to disclose the offense because it had already been removed from his record.

But McGraw will have another shot at a license during the board's next meeting.

More than 400 people have submitted applications to get pre-approved while they seek community approval. More than 140 businesses have received community approval and submitted full applications.

Michigan has one of the largest medical marijuana programs in the nation – second only to California in terms of patient numbers. The program also received one of the highest grades from Americans for Safe Access.

In a recent report, the patient advocacy organization scored the programs on patient rights, access, ease of navigation, functionality and consumer safety.

"If Michigan makes its emergency rules permanent, it will have one of the strongest program in the country," read the report. "However, good laws on paper do not always translate to quality patient access."

Currently, the medical marijuana market is operating on temporary rules that will expire in June.

Many municipalities haven't been nearly as lethargic at considering cannabis businesses within their borders. In recent weeks, four dispensaries have received zoning approval in Ann Arbor.

Lansing approved its first medical marijuana business application on Wednesday. Any business that receives local approval still needs to obtain a state license.

But Detroit, the state's most populous city, has been battling voter-approved marijuana initiatives and has delayed licensing every step of the way. It took an emergency order from the Michigan Court of Appeals in February to force the city to begin accepting applications.

Those in the industry say that Detroit stands to lose millions by fighting voter-approved initiatives aimed at opening up the market.

 

[momofthegoons]

@Baron23 I'll tell you... it's a mess. We've gone from being able to get what we want, where we want, to this. Dispensaries are closing right and left.

However, there are some counties that have opted in and if LARA could get their act together things could progress.

And Detroit... don't get me started. IMO, Detroit could have been a 'little Amsterdam' and the profits the city would have reaped would have been huge. The city itself is undergoing a renaissance of growth with young people moving there and creating new businesses. It would have been a slam dunk.

 

[BD9]

And Detroit... don't get me started. IMO, Detroit could have been a 'little Amsterdam' and the profits the city would have reaped would have been huge. The city itself is undergoing a renaissance of growth with young people moving there and creating new businesses. It would have been a slam dunk.

I wonder if the number of dispensaries and 'supposed' dispensaries that opened made things too chaotic for the city council and they just threw their hands up and said, "We are not dealing with this now!".
On the other hand, they should not have lumped all these businesses together as I'm sure some were doing things within the rules.

I'm prepared to take a beating for this, but if all dispensaries had followed what rules there were I feel the situation would be different.
I remember reading that everyone and their cousin's veterinarian's dentist opened a 'dispensary' in Detroit. I feel the sources were credible when I read this. Mlive and such.

I think something that hurts our cause, no matter where we live is people trying to cheat, bend the rules, or operate dishonestly. That makes us all look bad.

I'm just thinking outloud.

 

[momofthegoons]

I remember reading that everyone and their cousin's veterinarian's dentist opened a 'dispensary' in Detroit.

Oh... there's no doubt that things weren't done correctly to start. There were tons of shops that didn't follow the 'letter of the law.' A few had drive thru windows and many certified 'patients' with no documentation of medical history. And some were nothing more than farmers markets where there was no limit to what you could buy. But among those were some respectable dispensaries and it's a shame that they have to suffer for all the others that weren't legit.

However.... some of this blame can be placed on enforcement imo. While I never like to hear of any dispensary being busted, they were allowed to continue for a long time. The first wave of closures got rid of the sites that were in total noncompliance with the law (i.e. drive thrus) But many stayed open until they were threatened with the fact that if they didn't close they wouldn't be licensed. And even then.....