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Michigan MMJ

Discussion in 'Medical Marijuana Law by Jurisdiction' started by momofthegoons, Mar 26, 2017.

  1. momofthegoons

    momofthegoons Nurse Ratched Staff Member

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    Today's advisory bulletin from LARA

    Cannabidiol (“CBD”) and Industrial Hemp (“Hemp”) Products
    Cannabidiol (CBD) comes from the marihuana plant. Based on the statutory definitions related to “marihuana” found in the Michigan Public Health Code (Act 368 of 1978), the Michigan Medical Marihuana Act (MMMA), and the Medical Marihuana Facilities Licensing Act (MMFLA), any extracts of marihuana or extracts of the marihuana plant will continue to be treated as marihuana. The possession, purchase, or sale of marihuana or any marihuana product – including CBD – must be done in compliance with the MMMA and MMFLA.
    The cannabis plant has over 100 cannabinoids – one of which is cannabidiol (CBD). Cannabinoids are most abundant in the flowering tops, resin, and leaves of the cannabis plant and are not found in parts of the cannabis plant that are excluded from the definition of marihuana, except for trace amounts – typically, only parts per million – that may be found where small quantities of resin adhere to the surface of seeds and mature stalk, not within the seeds nor the mature stalk. If cannabidiol is found on the seeds or stalks, it is found only as a result of contact with the resin produced by the cannabis plant.
    As defined by Michigan state law, marihuana means:
    • all parts of the plant Cannabis sativa L., growing or not
    • the seeds of that plant
    • the resin extracted from any part of the plant
    • every compound, manufacture, salt, derivative, mixture, or preparation of
    the plant or its seeds or resin Marihuana does not include:
    • the mature stalks of the plant
    • fiber produced from the stalks
    • oil or cake made from the seeds of the plant
    • any other compound, manufacture, salt, derivative, mixture, or preparation
    of the mature stalks
    Hemp is the fiber and seed part of the Cannabis sativa L. plant. The term “hemp” is only used in state law as part of the Industrial Hemp Research Act (IHRA). Passed in 2014, the IHRA authorized the growing and cultivating of industrial hemp for research
    purposes only. The IHRA authorized the Department of Agriculture and Rural Development or colleges/universities in Michigan to grow or cultivate – or both – industrial hemp for purposes of research. The research must be conducted under an agricultural pilot program or other agricultural or academic research project.
    "Industrial hemp" and “Marihuana” are both defined by the Public Health Code as being derived from the plant Cannabis sativa L.
    • “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9-tetrahydrocannibinol (THC) concentration of not more than 0.3% on a dry weight basis.
    • "Marihuana" means all parts of the plant Cannabis sativa L., growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.
    Marihuana does not include industrial hemp grown or cultivated (or both) for research purposes under the industrial hemp research act. The Industrial Hemp Research Act limits industrial hemp to cultivation or research and does not authorize its sale or transfer. Any possession or transfer of industrial hemp – or any product claimed to be “hemp”-related – must be done in compliance with Michigan’s Industrial Hemp Research Act.


    This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act and associated Emergency Rules.
     
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  2. Baron23

    Baron23 Well-Known Member

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    What a hysterical moron.
     
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  3. BD9

    BD9 Leaf Dawg

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    I'm not on FB so I don't know if this will work. Here is Evan Space speaking at an event. He starts speaking at the 34 minute mark.

    https://www.facebook.com/david.over...YRRNLsdR_JEA5TDIfPuPZuinTSHdeiv4M2Fl9qu94wAow

    Ok, the link works.
     
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  4. momofthegoons

    momofthegoons Nurse Ratched Staff Member

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    From NORML:

    "ACTION ALERT.....
    In just 4 short weeks, tens-of-thousands of Michigan patients will be without access to medical cannabis products because emergency rules for the Medical Marihuana Facilities Licensing Act call for the closure of ALL unlicensed facilities on June 15, 20018. Hundreds of applications have been submitted to the State, but because the application process is so over regulated, it has become cumbersome and time consuming for the State to process each application causing a severe backlog of applications and no approvals. Governor Rick Snyder has the authority to extend that deadline and make sure that patients have uninterrupted access to medical cannabis products!"

    HERE is a link to the NORML website page where you will find an email link to send a letter to Gov. Snyder regarding these closures. I've sent mine.....
     
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  5. momofthegoons

    momofthegoons Nurse Ratched Staff Member

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    A copy of the actual Summons and Complaint are at the beginning of the article and can be seen by clicking the title link.

    Troy sued over new marijuana ordinance

    The City of Troy is being sued after enacting a new ordinance regulating the number of people allowed to grow medical marijuana.

    The lawsuit was filed Wednesday in Oakland County Circuit Court by Royal Oak-based Cannabis Legal Group on behalf of several medical marijuana caregivers and one property owner in Troy. It was prompted by Troy’s new regulation – approved unanimously by the city council April 23 – requiring the 78 medical marijuana caregivers who grow cannabis under a special permit to obtain a city license to do so. The city’s stated goal is to license just 36 grow operations per year, though it’s recognized that might not happen right away due to the number of caregivers operating under special permit.

    Registered medical marijuana patients who grow cannabis only for themselves to consume in their own homes aren’t required to obtain the license, provided they are in compliance with the Michigan Medical Marihuana Act.

    But according to Barton Morris, Cannabis Legal Group’s founder, there are several legal issues with Troy’s new regulation.

    “I think the ordinance itself is in violation of state law,” Morris said. “Michigan’s MMA allows caregivers to grow anywhere they want. Troy only wants 36 growers? There’s no legal basis for that – you can’t limit the number of caregivers. That makes me laugh.”

    The lawsuit further states that the ordinance is invalid because it was enacted without first submitting it to the city’s Zoning Board of Appeals and holding a public hearing, as required by the state’s Zoning Enabling Act. In addition, the ordinance unlawfully adds additional restrictions to the MMMA which prohibits medical marijuana only on school buses, on school grounds and in correctional facilities.

    READ THE LAWSUIT: https://www.scribd.com/document/378745189/Medical-marijuana-lawsuit-filed-against-City-of-Troy

    Morris also said the ordinance calls for inspections of the licensed grow operations with just a 15-minute notice, which he said violates the Fourth Amendment’s protection against unreasonable search and seizure.

    Required background checks of applicants and disclosure of storage facilities are other problems with the ordinance, Morris said. “That’s very far over-reaching, very intrusive,” he said.

    The ordinance, effective May 6, gives 30 days for license applications to be submitted. An emergency motion has been filed to invalidate the ordinance while it’s being litigated.

    Morris said.

    Funding Cannabis Legal Group’s costs for the lawsuit is the Michigan Marijuana Business Collective of Troy, whose members are affected by the new ordinance. The association also plans to launch charter amendment initiative to force Troy to adopt an ordinance addressing a municipal permit to obtain a marijuana facilities license. Troy has officially opted out of allowing marijuana facilities, as permitted by the Medical Marihuana Facilities Licensing Act of 2016.

    Troy’s acting city manager Mark Miller declined comment on the lawsuit Wednesday, referring The Oakland Press to the city’s legal counsel. City attorney Lori Grigg Bluhm was unavailable, and assistant city attorney Allan Motzny said he hadn’t yet seen the lawsuit.



     
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  6. Shredder

    Shredder Dogs like me

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    Can't we give Oakland county to Ohio?
     
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  7. momofthegoons

    momofthegoons Nurse Ratched Staff Member

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    That would put me in the same state as my in-laws.... no thank you! :disgust:

    I don't know why Oakland county has to be such a prissy bitch. It's as if the 'powers that be' are in full denial that many of the mmj patients in the state live there. :shakehead:

    With the threat of the dispensaries closing down in June I plan on making a few serious dispensary runs prior. Such nonsense. Just one more reason to start growing and squishing for myself.
     
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  8. Baron23

    Baron23 Well-Known Member

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    Ah yes, government at work fucking things up yet again.

    And yet another example of our government at work...a government populated with people who just HAVE to tell other people how to live...without necessarily having any competence in that area. Just too sad. I would rather my son become an honest car thief than a politician (but I would prefer him to finish his Physical Therapy post-grad work and get licensed LOL) .
     
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  9. Baron23

    Baron23 Well-Known Member

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    FFS. They are using MMJ to justify having a cannabis SWAT vehicle? Really? And its being paid for by us via MMJ taxes. You got to be kidding me. sigh


    'Rapid deployment vehicle' to combat medical marijuana violators in Kent County

    [​IMG]
    The Ford F-59 which the Kent County Sheriff's Office is purchasing to turn into a "rapid deployment vehicle.

    KENT COUNTY, MI -- The Kent County Sheriff's Office recently ordered a $175,000 "rapid deployment vehicle" to combat violators of Michigan's medical marijuana law and illegal grow operations.

    The specially outfitted Ford F-59 step van will largely be used to deploy tactical teams for drug search warrant raids -- most of which are marijuana-related, according to Kent County Undersheriff Michelle LaJoye-Young.

    The bulk of the cost, $118,314 of it, is paid from the state's Michigan Medical Marihuana Operation and Oversight grant, an annual award to law enforcement promoting education, communication and enforcement of the state medical marijuana law.

    The remaining $54,812 comes from the county's drug forfeiture fund, according to a purchase proposal unanimously passed by the Kent County Board of Commissioners in March.

    Although the grant stipulates some use in medical marijuana enforcement, LaJoye-Young contended the purchase won't result in targeted operations and increased scrutiny of caregivers, cardholders and dispensaries in the county.

    "This is not mark a change in our agenda in any way," the undersheriff said. "We don't set an agenda to shake the trees for marijuana grow operations."

    The origin of investigations into illegal grow operations and medical marijuana violations are, and continue to be, tips, LaJoye-Young said.

    There are 5,153 medical marijuana cardholders in Kent County, according to 2017 state data.

    In 2017, the multi-jurisdictional Kent Area Narcotics Enforcement Team conducted 613 marijuana-related arrests, confiscated 1,238 marijuana plants, seized about 138 pounds of marijuana, dismantled 26 marijuana-growing operations and inspected four medical marijuana facilities, according to the state grant request.

    The year before, in late 2016, the Kent County Sheriff's Office caught criticism after they raided three Plainfield Township dispensaries.


    [​IMG]

    Protesters cry foul over medical marijuana dispensary raids

    The protest was Friday, Dec. 2

    According to the grant request, the sheriff's office expects to see more "large illegal marijuana growing operations/criminal enterprises" across the county in 2018.

    "Because of these lengthy and labor-intensive investigations, additional equipment is needed to assist in the investigation, surveillance, raids and dismantling of operations found to be in violation of current laws," the sheriff's office stated in the grant application. "It has been determined that a multi-purpose/rapid deployment vehicle needs to be purchased."

    The rapid deployment vehicle is expected to roll out sometime in late 2018 or early 2019. It has a 20-year lifespan, looks like a bread truck and won't have any logos labeling it as a law enforcement vehicle, keeping it nondescript and undercover.

    LaJoye-Young said it can carry about 12 officers and all their raid equipment -- communications devices, flashlights, flak jackets, helmets and flashbang grenades.

    Having a one-stop shop staging vehicle for raids is a boon, as currently the sheriff's office and Kent Area Narcotics Enforcement Team require multiple vehicles to transport equipment and officers to a scene.

    "In some circumstances we would have multiple passenger vehicles with trunks packed out," LaJoye-Young said. "It takes multiple vehicles to get this equipment up to the area."
     
  10. momofthegoons

    momofthegoons Nurse Ratched Staff Member

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    Why not just call in the army? This is just so over the top..... :BangHead:
     
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  11. Shredder

    Shredder Dogs like me

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    My county had, or maybe still has an ordinance saying growers have to be inspected and registered with the cops. Afaik no one complied. I know I didnt, lol. My personal belief is if a law is blatantly unlawful, imoral, or imho harassment then I resist, or in this case just ignore.

    As an amendment to the state constitution, prop one, has precedence over a local ordinance. But local yokels can bluff their way to plea deals to grease the corrupt system. And the disabled suffer as the wheels of justice go round and round.
     
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  12. Baron23

    Baron23 Well-Known Member

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    "Senate Minority Leader Jim Ananich, D-Flint, said the Democratic caucus wants to let the voters decide the issue."

    What a shockingly radical attitude from a politician in our democracy. Seriously, our elected representatives have, time after time, ignored the will of the voters in order to impose their own patronizing and patriarchal views on the body public. FL MMJ program is an outstanding example.


    Why anti-marijuana group wants Michigan to legalize weed

    One of the groups formed to fight the legalization of marijuana for recreational use has now decided it's for the measure, but only if the Legislature takes it up and amends the proposal.

    The Committee to Keep Pot out of Neighborhoods and Schools — a political action committee formed to fight a ballot proposal to legalize marijuana — is now urging the Legislature to take up the initiative, amend it and pass a full legalization of pot for adult recreational use. The committee hopes that if the Legislature acts, recreational use will be regulated as stringently as the medical marijuana industry.

    But if the Legislature declines to take it up and the measure goes on the Nov. 6 statewide ballot, the group will revert to opposing the legalization of marijuana again.

    More: GOP lawmakers contemplate tying marijuana legalization to income tax cut

    More: Michigan approves marijuana legalization vote for November

    “This committee was initially formed to defeat the recreational ballot proposal, but now we believe that the Legislature should amend and adopt the initiative before it’s too late,” said Mark Fisk, a spokesman for the committee. Marijuana legalization “will be a reality in Michigan. Initiatives have been approved in 29 states and polling has been very strong.

    “Regardless of our feelings on the issue, the question now is how to regulate and control recreational marijuana."

    Republicans in the state Senate are trying to figure out a way to take up the marijuana legalization, in part, to keep it off the November ballot because it’s expected to drive more voters to the polls. Higher turnout traditionally has helped Democrats, which could fuel a blue wave that could jeopardize the GOP’s majority in the state House, Senate, governor’s office and in Congress.

    The committee’s only source of funds has come from the Michigan Responsibility Council, a now-defunct group that represented business interests that wanted to get involved in the medical marijuana industry. Republican political consultant Steve Linder, who has been a fundraiser for the Senate Republican Caucus, acted as a spokesman for the Responsibility Council last year.

    The effort, Fisk said, is to get the Legislature to amend the proposal so it mirrors the rules and regulations that are in place to govern the medical marijuana industry.

    “We think the medical marijuana act that the Legislature passed had bipartisan support,” he said. “And that has a system of accountability that you need to bring to recreational marijuana, too.”

    One of the main differences between the medical marijuana regulations and the full legalization proposal is who would hand out licenses. Medical marijuana applications, which are being reviewed now, are approved by a board appointed by the governor and the leaders of the House and Senate.

    The ballot proposal would cut out that licensing board and have the state Licensing and Regulatory Affairs department in charge of licensing recreational marijuana businesses.

    The ballot proposal also has a higher tax — a 10% excise tax and 6% sales tax — while medical marijuana carries a 3% excise tax and the 6% sales tax. The committee would like to see the same taxes for both recreational and medical marijuana.

    Senate Republicans also are exploring ways to convince a wary House of Representatives to take up the measure with some carrots, such as tying the marijuana proposal to a cut in the state’s 4.25% income tax.

    But there has been no consensus in the Senate caucus about how or whether to take up marijuana legalization, said Amber McCann, spokesman for Senate Majority Leader Arlan Meekhof, R-West Olive.

    “Every option that is available has been discussed,” she said. “They’re weeding through all the details right now.”

    The Legislature has three options with the marijuana proposal: Do nothing and it goes to the November ballot; offer a competing proposal for the ballot, or take it up, possibly amend it, and it immediately becomes law without having to get a signature from the governor.

    Senate Minority Leader Jim Ananich, D-Flint, said the Democratic caucus wants to let the voters decide the issue.

    Fisk said if the Legislature doesn’t come to a consensus to vote on the proposal, “this committee will oppose the ballot initiative” again.

    Meanwhile, another group that is opposed to marijuana legalization — Healthy and Productive Michigan — hasn’t changed its position and continues to make presentations to groups around the state on why it believes legalizing marijuana would be harmful to the state.

    Along with Smart Approaches to Marijuana, a national organization that has poured $275,000 into the effort to stop legalization in Michigan, the Healthy and Productive group joined with substance abuse prevention activists for a rally at the state Capitol this week.

    “We are still 100% against it,” said Scott Greenlee, executive director of Healthy and Productive Michigan. “We don’t think the Legislature should approve it and I don’t think the voters should approve it.”

    And the group that spearheaded the petition drive to get the issue on the November ballot also is urging the Legislature to act.

    “When even your opposition is arguing in support of marijuana legalization, it is clear that now is the time to end cannabis prohibition in Michigan,” said Josh Hovey, spokesman for the Committee to Regulate Marijuana Like Alcohol. “The Legislature has an opportunity to do the right thing and every day we wait means more unnecessary arrests and lives ruined.”

    The Legislature has until June 5 to decide what, if anything, it is going to do with the marijuana proposal.
     
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  13. Baron23

    Baron23 Well-Known Member

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    Wow, their own survey showed that they were on the wrong side of this and actually ended up converting more people to the legalization side. Couldn't happen to a nice bunch of tight ass busy bodies. :smilie-devil:

    Opposition Group’s Marijuana Poll Shows Strong Support for Legalization

    A new survey of Michigan voters, funded by an organization opposed to the state’s marijuana legalization initiative, showed large support for reform and weaning support for prohibition.

    The survey of 800 Michigan residents, which was conducted from May 1 to May 6, was orchestrated by Healthy and Productive Michigan.

    Before being prompted with arguments for and against the initiative—which surpassed the required signatures to qualify for the state’s November ballot last month—respondents favored full cannabis legalization 48 percent to 42 percent, with 11 percent remaining undecided, according to the survey.

    Arguments in favor of the proposed initiative, including increased tax revenue for public programs such as education funding and infrastructure, caused opposition to the initiative to drop to 36 percent. Support remained at 48 percent.

    [​IMG]

    And then, even after the polling firm Victory Phones provided arguments opposing the initiative, support for legalization grew by one percent to 49 percent. Opposition ended up at 38 percent.

    [​IMG]

    “Previous polls showing majority support didn’t pass the smell test. When polling, it is always important to review how the questions are asked and what size of audience responds,” Healthy and Productive Michigan’s President Scott Greenlee said in a press release. “Our poll pointed out arguments on both sides of the issue in a consistent and unbiased manner, and the fieldwork was conducted by the highly respected Victory Phones, who have a nearly 10 year track record of accurately measuring election results in Michigan.”

    But the truth is that the prohibitionist organization’s poll showed that support for the legalization measure outweighs opposition, and that’s even more true after voters hear prohibitionist’s best arguments.

    The share of voters who said they planned to vote against the measure dropped seven percentage points after they were read Healthy and Productive Michigan’s reasons for wanting to defeat it. Support rose one percentage point.

    The survey was released just as another anti-legalization group, the Committee to Keep Pot out of Neighborhoods and Schools, did an about-face and called on the Michigan legislature to amend and pass a version of the initiative in order to effectively regulate cannabis. Legalization “will be a reality in Michigan, a spokesperson told the Detroit Free Press.

    The proposed Michigan Regulation and Taxation of Marihuana Act would permit adults 21 and older to legally possess, grow and consume small amounts of marijuana. Specifically, adults would be allowed to grow up to 12 total cannabis plants in a single residence, and possess 2.5 ounces outside their homes and store 10 ounces at home.

    Healthy and Productive Michigan did not respond to a request for comment by the time of publication.

    See the full poll below:


    Poll can be found here: https://www.scribd.com/document/379865002/Michigan-Marijuana-Poll#from_embed
     

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