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Law Michigan MMJ
- Thread starter momofthegoons
- Start date
Detroit Judge Throws Out $1M Marijuana Case 'In The Interest Of Fairness'
Felony charges against six people arrested in the raid of a Detroit marijuana grow operation with a reported $1 million in plants were dismissed Tuesday by a judge who said the facility was within the bounds of its temporary state license.
The building at 4473 W. Jefferson Ave. is owned by former NBA player-turned-cannabis entrepreneur Al Harrington, who’s said he believes the raid amounts to harassment of a minority-owned business.
The grow op’s certificate of occupancy from the city stated the intent for a greenhouse at the site, and the operation holds a temporary Class C license under Michigan’s Medical Marihuana Facilities Licensing Act allowing up to 1,500 plants, said 36th District Court Judge Kenneth King.
'In The Interest Of Fairness'
“In the interest of fairness and in the spirit of always trying to do the right thing, this court is left with no other choice but to dismiss this matter,” the judge said.
The case had been set for a preliminary exam Tuesday. King said he expected his ruling to be appealed regardless of whether it favored the prosecution or defense.
“Over 1,000” plants were found in the raid, according to the Wayne County prosecutor’s office.
King said he stayed up until 3:30 a.m. reading briefs in the case and sorting out the web of acronyms tied to Michigan’s medical marijuana law and the “seed-to-sale” tracking and tax, regulation and licensing system for marijuana growers and dispensaries that took effect late last year.
'Police Are Doing Their Job'
“I don’t believe the police had any malintent. The police are doing their job,” King said. “I think the real blame lies on the documents that were submitted and someone didn’t pay close attention to what the defendants were asking for.”
Prosecutors contended that Harrington’s business wasn't licensed to grow marijuana, King said.
“That kind of leads me to the burning question: if you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?”
Michigan voters will decide on a ballot question Nov. 6 that would legalize and tax recreational marijuana for users 21 and older. Medical marijuana was legalized in Michigan via a ballot proposal in 2008.
“That kind of leads me to the burning question: if you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?” says 36th District Court Judge Kenneth King. Photo by Dustin Blitchok.
Floating Body Reportedly Led To Raid
All six defendants in the case — Cotea Jones, Jeanne Walsh, Curtis Williams, Travis Davison, James Frazier and Jabari Currie — were charged with delivery or manufacture of 45 kilograms or more of marijuana or 200 or more plants — a felony punishable by up to 15 years in prison.
Jones, Williams, Davison and Frazier were also charged with conspiracy to deliver or manufacture marijuana, a felony punishable by up to 15 years in prison.
All charges were dismissed Tuesday.
Officers seized marijuana and held employees at gunpoint during the May 29 raid, according to Harrington and his partners in the Denver-based marijuana company Viola Brands.
All cannabis at the site was taken, the business’ accounts were frozen and employees’ vehicles were seized, according to the company.
Detroit police didn't return multiple calls for comment on this story.
Officer Dan Donakowski told The Detroit News at the time of the raid that a motor patrol investigating other cases in the area smelled pot and informed Detroit’s Gang Intel Unit and the U.S. Border Patrol.
The scent of marijuana was evident near the warehouse when a Benzinga reporter walked by last week.
The potential crime being investigated near Harrington’s warehouse was a body floating in the Detroit River four days before the marijuana raid took place, according to a July 23 story on Marijuana.com.
Felony charges against six people arrested in the raid of a Detroit marijuana grow operation with a reported $1 million in plants were dismissed Tuesday by a judge who said the facility was within the bounds of its temporary state license.
The building at 4473 W. Jefferson Ave. is owned by former NBA player-turned-cannabis entrepreneur Al Harrington, who’s said he believes the raid amounts to harassment of a minority-owned business.
The grow op’s certificate of occupancy from the city stated the intent for a greenhouse at the site, and the operation holds a temporary Class C license under Michigan’s Medical Marihuana Facilities Licensing Act allowing up to 1,500 plants, said 36th District Court Judge Kenneth King.
'In The Interest Of Fairness'
“In the interest of fairness and in the spirit of always trying to do the right thing, this court is left with no other choice but to dismiss this matter,” the judge said.
The case had been set for a preliminary exam Tuesday. King said he expected his ruling to be appealed regardless of whether it favored the prosecution or defense.
“Over 1,000” plants were found in the raid, according to the Wayne County prosecutor’s office.
King said he stayed up until 3:30 a.m. reading briefs in the case and sorting out the web of acronyms tied to Michigan’s medical marijuana law and the “seed-to-sale” tracking and tax, regulation and licensing system for marijuana growers and dispensaries that took effect late last year.
'Police Are Doing Their Job'
“I don’t believe the police had any malintent. The police are doing their job,” King said. “I think the real blame lies on the documents that were submitted and someone didn’t pay close attention to what the defendants were asking for.”
Prosecutors contended that Harrington’s business wasn't licensed to grow marijuana, King said.
“That kind of leads me to the burning question: if you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?”
Michigan voters will decide on a ballot question Nov. 6 that would legalize and tax recreational marijuana for users 21 and older. Medical marijuana was legalized in Michigan via a ballot proposal in 2008.
“That kind of leads me to the burning question: if you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?” says 36th District Court Judge Kenneth King. Photo by Dustin Blitchok.
Floating Body Reportedly Led To Raid
All six defendants in the case — Cotea Jones, Jeanne Walsh, Curtis Williams, Travis Davison, James Frazier and Jabari Currie — were charged with delivery or manufacture of 45 kilograms or more of marijuana or 200 or more plants — a felony punishable by up to 15 years in prison.
Jones, Williams, Davison and Frazier were also charged with conspiracy to deliver or manufacture marijuana, a felony punishable by up to 15 years in prison.
All charges were dismissed Tuesday.
Officers seized marijuana and held employees at gunpoint during the May 29 raid, according to Harrington and his partners in the Denver-based marijuana company Viola Brands.
All cannabis at the site was taken, the business’ accounts were frozen and employees’ vehicles were seized, according to the company.
Detroit police didn't return multiple calls for comment on this story.
Officer Dan Donakowski told The Detroit News at the time of the raid that a motor patrol investigating other cases in the area smelled pot and informed Detroit’s Gang Intel Unit and the U.S. Border Patrol.
The scent of marijuana was evident near the warehouse when a Benzinga reporter walked by last week.
The potential crime being investigated near Harrington’s warehouse was a body floating in the Detroit River four days before the marijuana raid took place, according to a July 23 story on Marijuana.com.
Baron23
Well-Known Member
This ^^ is even more to the point. I don't get it. If they were licensed for a grow of up to 1,500 plants, how could they be charged with a crime for growing 1,000? This just doesn't make a lot of sense to me, on the face of it.
I agree. Seems like there’s another agenda involved....
Baron23
Well-Known Member
But earlier this year, Chief Judge Robert Colombo Jr. of the Wade County Circuit Court partially overturned one of the initiatives, Proposal A, which would have allowed dispensaries within 500 feet of each other. It also allowed dispensaries to locate near liquor stores, child care centers, and other so-called sensitive use establishments.
Judge Colombo also entirely struck down the second initiative passed by voters in 2017, Proposal B. That measure established zoning regulations for pot businesses and permitted dispensaries and processors in all business and industrial districts.
Amir Makled is an attorney specializing in cannabis law ..... (sic) said that he believes that the council’s regulations are contrary to the will of voters as demonstrated in the passage of the two initiatives.
Judge Colombo also entirely struck down the second initiative passed by voters in 2017, Proposal B. That measure established zoning regulations for pot businesses and permitted dispensaries and processors in all business and industrial districts.
Amir Makled is an attorney specializing in cannabis law ..... (sic) said that he believes that the council’s regulations are contrary to the will of voters as demonstrated in the passage of the two initiatives.
I need to be careful here as this is a topic that just lights my fuse.....but personally I am totally fed up and mad as hell at the current trend of elected officials and judges imposing their will over that directly expressed by the electorate via their votes. This is a WAY bigger issue than MJ, violates our countries most fundamental principals of democracy, and I urge citizens everywhere to make such politicians and appointed judges pay and pay dearly for their efforts to undermine democracy and thwart the will of the people. In a nutshell, who gives a fuck if the politicians like it or not...they were TOLD what to do by the citizens, not ASKED. If they are unwilling to do this job, throw the the hell out.
Detroit officials vote to limit number of medical marijuana dispensaries allowed in city
The ordinance is to combat unlicensed dispensaries that have been operating.
The Detroit City Council voted Tuesday to limit the number of medical marijuana dispensaries that will be allowed to operate within city limits. No more than 75 cannabis retail shops will be permitted under an ordinance adopted by the council without debate. The measure, which was proposed by council member James Tate in June, also places tighter regulations on the city’s cannabis industry.
Under the ordinance, cannabis businesses covering five different license types will be allowed to operate in the city. The measure regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana citywide. The ordinance includes limitations on the number, size, location, and operations of cannabis businesses in the city. Another provision encourages medical marijuana firms seeking to do business in Detroit to include benefits for the community in their license applications.
Detroit Corporation Counsel Lawrence Garcia told local media that the council’s action is an effort to regulate unlicensed dispensaries that have appeared in Detroit in recent years.
“The ordinance passed today strikes a good balance that benefits both those who want development in the medical marijuana industry and those who want to preserve the City’s pre-medical marijuana character,” Garcia said.
Rush Hasan is a consultant for The Reef, a Detroit medical marijuana dispensary. He said that the ordinance passed by the council gives the Detroit cannabis industry needed guidance in their quest for licensing from the state. More than 60 medical marijuana dispensaries now operating under state emergency regulations must be licensed by September 15 in order to continue to operate. Companies still operating without a license after that date could become ineligible to receive one.
“It’s definitely a long time coming for a lot of people,” Hasan said. “This allows us to have a clear understanding on how we move forward. And now everyone is in the same boat because we have that deadline pressure,” he added.
Voter Initiative Struck Down
The Detroit City Council originally passed regulations for the city’s cannabis industry in March 2016. Then in November of last year, Detroit voters passed two separate ballot initiatives that would have eased tight restrictions in the regulations adopted by the city council.\
But earlier this year, Chief Judge Robert Colombo Jr. of the Wade County Circuit Court partially overturned one of the initiatives, Proposal A, which would have allowed dispensaries within 500 feet of each other. It also allowed dispensaries to locate near liquor stores, child care centers, and other so-called sensitive use establishments.
Judge Colombo also entirely struck down the second initiative passed by voters in 2017, Proposal B. That measure established zoning regulations for pot businesses and permitted dispensaries and processors in all business and industrial districts.
Amir Makled is an attorney specializing in cannabis law that represents several Detroit medical marijuana dispensaries. He said that he believes that the council’s regulations are contrary to the will of voters as demonstrated in the passage of the two initiatives.
“However, I understand the city has an interest in curtailing the amount of dispensaries they have or medical marijuana facilities,” Makled said. “But I think they should have allowed the market to determine what was a reasonable amount of facilities to have.”
Baron23
Well-Known Member
@momofthegoons - just a slight bit more clarity but still complete and utter BS. Luckily, the judge in this case actually has a grasp of logic unlike the prosecutor's office.
I think the grow company should sue the city for malicious prosecution and to get back their MJ and/or money.
Charges dropped against 6 in $1M marijuana raid in Detroit
Detroit — Six people no longer are facing charges following a $1 million drug bust on the city's southwest side, officials said.
All the charges against Cotea Jones, 53; Jeanne Walsh, 37; Curtis Williams, 36; Travis Davison, 27; Jabari Currie, 31; and James Frazier, 32, all of Detroit, were dropped following a Detroit raid on May 29. Charges included felony drug delivery and manufacturing charges, both carrying up to 15 years in prison.
Judge Kenneth King of 36th District Court dismissed the case "in the interest of fairness."
Prosecutors had argued that the facility where the raid took place on the 4400 block of West Jefferson Avenue was not licensed to grow marijuana.
The Detroit Police Department's Gang Intelligence Unit executed a search warrant at the medical marijuana facility and seized 200 marijuana plants, about $1 million worth, authorities said.
A defense attorney in the case, Michael Komorn, said the facility was granted a temporary operation's certification from the city, allowing up to 1,500 plants while the facility waited for the filing process to be approved by the city. Komorn said the Wayne County Prosecutor's Office made the argument that the facility only was allowed to sell, and not grow, at the facility.
"That's absurd," Komorn said. "It's a semantic issue because I would say everyone would understand that if they've been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana."
Komorn said King understood his argument, and said the judge responded: "That kind of leads me to the burning question: 'If you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?' "
The dropped charges come as the Detroit City Council approved changes to an ordinance aimed at combating the growth of so-called pot shops. Zoning changes approved Tuesday cap the number of medical marijuana facilities in the city at 75, regulate where they can set up and how big they can be.
The ordnance change will establish rules for sites that grow, test, process, transport and dispense medical marijuana to patients with state-approved medical marijuana cards.
The changes will not close the nearly 60 dispensaries operating legally in Detroit on a temporary authorization from the city and state.
I think the grow company should sue the city for malicious prosecution and to get back their MJ and/or money.
A defense attorney in the case, Michael Komorn, said the facility was granted a temporary operation's certification from the city, allowing up to 1,500 plants while the facility waited for the filing process to be approved by the city. Komorn said the Wayne County Prosecutor's Office made the argument that the facility only was allowed to sell, and not grow, at the facility.
Charges dropped against 6 in $1M marijuana raid in Detroit
Detroit — Six people no longer are facing charges following a $1 million drug bust on the city's southwest side, officials said.
All the charges against Cotea Jones, 53; Jeanne Walsh, 37; Curtis Williams, 36; Travis Davison, 27; Jabari Currie, 31; and James Frazier, 32, all of Detroit, were dropped following a Detroit raid on May 29. Charges included felony drug delivery and manufacturing charges, both carrying up to 15 years in prison.
Judge Kenneth King of 36th District Court dismissed the case "in the interest of fairness."
Prosecutors had argued that the facility where the raid took place on the 4400 block of West Jefferson Avenue was not licensed to grow marijuana.
The Detroit Police Department's Gang Intelligence Unit executed a search warrant at the medical marijuana facility and seized 200 marijuana plants, about $1 million worth, authorities said.
A defense attorney in the case, Michael Komorn, said the facility was granted a temporary operation's certification from the city, allowing up to 1,500 plants while the facility waited for the filing process to be approved by the city. Komorn said the Wayne County Prosecutor's Office made the argument that the facility only was allowed to sell, and not grow, at the facility.
"That's absurd," Komorn said. "It's a semantic issue because I would say everyone would understand that if they've been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana."
Komorn said King understood his argument, and said the judge responded: "That kind of leads me to the burning question: 'If you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?' "
The dropped charges come as the Detroit City Council approved changes to an ordinance aimed at combating the growth of so-called pot shops. Zoning changes approved Tuesday cap the number of medical marijuana facilities in the city at 75, regulate where they can set up and how big they can be.
The ordnance change will establish rules for sites that grow, test, process, transport and dispense medical marijuana to patients with state-approved medical marijuana cards.
The changes will not close the nearly 60 dispensaries operating legally in Detroit on a temporary authorization from the city and state.
Baron23
Well-Known Member
Anti-Marijuana Funder Says Jailing Of Grandmother For Medical Cannabis No ‘Big Deal’
A retired art professor who donated more than $1.4 million in a failed effort to defeat marijuana legalization has come to the defense of Michigan police who arrested and jailed an 80-year-old grandmother for marijuana possession.
Julie Schauer’s political contributions to anti-legalization group SAM Action in 2016 were that organization’s main source of funding (and also led to fines from the California Fair Political Practices Commission, after the prohibitionist campaign committee failed to properly report her involvement). Schauer donated to the anti-legalization efforts in California, Massachusetts and Nevada that year, all of which ended up legalizing recreational marijuana for adults 21 and over.
This week, Schauer argued that it was “not such a big deal” for 80-year-old Delores Saltzman—an arthritis sufferer who was arrested and jailed for possessing less than an eighth of an ounce of marijuana in June, after she let her medical cannabis card expire—to be incarcerated overnight.
Saltzman said the night behind bars aggravated her arthritis. Charges against the octogenarian great-grandmother were dropped earlier this month, and Saltzman is now a vocal supporter for a campaign to legalize recreational marijuana in Michigan.
The comment is consistent with Schauer’s regular output of anti-marijuana hysteria—she recently suggested that cannabis played a role in the February mass shooting at a high school in Parkland, Florida that left 17 dead—but it also marks a significant flip-flop.
The comment is consistent with Schauer’s regular output of anti-marijuana hysteria—she recently suggested that cannabis played a role in the February mass shooting at a high school in Parkland, Florida that left 17 dead—but it also marks a significant flip-flop.
Last year, when Schauer attempted to unsuccessfully challenge California’s campaign finance reporting fine against SAM Action, she claimed—inaccurately—that “no one ever goes to jail only for possessing small amounts of pot.”
This is messaging routinely used to downplay the importance of marijuana legalization—but, as Saltzman’s arrest demonstrated, it is not accurate.
According to the American Civil Liberties Union, of the 8.2 million people arrested on marijuana charges between 2001 and 2010, 88 percent were for possession. And in 2016, police arrested more people for marijuana possession than they arrested for all violent crimes, including murder, rape, assault and arson, according to FBI statistics.
In her letter to California officials—dated April 20, 2017—Schauer also claimed to have a friend in the state “whose son… was killed by marijuana.”
According to the U.S. Drug Enforcement Administration, “no death from overdose of marijuana has been reported.”
Schauer also blamed California for leading “the long-term disabling of so many youths through medical pot” and blamed the state’s election laws, which allow for transparency by publishing the names of donors, for “ruining my career.”
“My reputation as a teacher of 30 years is now tarnished and damaged so that I can never go back to teaching again,” she wrote. “Thank you, California, and thank you, marijuana activists and marijuana groups, for ruining my career and harming my reputation.”
Though some news organizations have investigated the source of Schauer’s money—a significant sum for anyone to contribute to a political cause, particularly for a self-described teacher—the source of her anti-cannabis fortune is not known.
Another anti-legalization nonprofit to which Schauer donated $200,000, called Strong Economy For Growth, paid Massachusetts $31,000 in fines for also failing to properly disclose its donors.
Schauer is one of handful of large donors to anti-legalization efforts. In nearly every ballot-initiative campaign where legalization was in play, fundraising in support of legalization has dwarfed spending in opposition.
That was not the case this year in Oklahoma’s medical cannabis ballot fight, however, but supporters prevailed nonetheless.
Such a mess.... 
Medical marijuana shops won't get licenses in time for state deadline
Next month some medical marijuana patients in Michigan may be caught in the lurch of regulatory chaos.
It's anticipated that many medical marijuana businesses in the state will have to shut their doors Sept. 15, as state officials impose a deadline for businesses to have new licenses issued under the state's program.
"You're running a whole set of very serious risks if you operate after Sept. 15," said Bob Hendricks, a marijuana business lawyer in Grand Rapids. "Risk of prosecution; risk of not getting a license at all ever."
Hefty applications and heavy scrutiny from an appointed board has slowed the launch of the program -- and regulators admit they won't be able to license all of the businesses that have applied by Sept. 15.
State officials said patients will have to be vigilant about knowing where their medicine comes from.
"The whole point of these laws is for safe access for patients to medicine," said Brandon Gardner, lead lawyer for Grand Rapids Cannabis Attorneys. "I think that's really lost in these discussions."
Temporary rules
Medical marijuana was approved by Michigan voters in 2008, but the state attempted to clarify the loosely operating system with new laws in 2016. Those led to two sets of emergency rules.
At first, the Bureau of Medical Marihuana Regulation required all operating businesses to apply for a license by Feb. 15. A total of 215 did so and have been operating under temporary rules for the past several months. At the time, the state said it would complete its vetting by June 15 and would issue new licenses.
As the day grew closer, there was such a backlog of paperwork that no licenses had been issued. The bureau extended the deadline to Sept. 15 with a signature from the governor.
"It's not a deadline for applicants per se," said Gardner. "It's more of a deadline that the state self-imposed."
Any medical marijuana business that had been operating under the temporary rules must now have a new license approved by the state's Medical Marihuana Licensing Board by Sept. 15 to be operational.
But out of the 215 that have applied, only a fraction will be licensed by Sept. 15.
The Bureau of Medical Marihuana Regulation's board is not only considering licenses for businesses operating under the emergency rules, it is looking over license applications from new businesses -- almost 600 entities in total have applied so far.
"The problem here lies with the state. The state's got to get going," Gardner said. "The state is the gatekeeper to all of this. The application process is absurd."
Seven licenses issued so far
State officials claim they have upheld their end of the bargain by issuing licenses.
As of Aug. 8, seven licenses have been issued by the state's board -- and none to testing facilities. The Aug. 9 meeting of the board has 10 facilities up for license consideration, with one more board meeting scheduled before Sept. 15.
"We fully expect that several provisioning centers will be open throughout the state by Sept. 15, with the ability to sell fully-regulated, safety-tested products to the state's medical marihuana card holders," said David Harns, spokesman for the BMMR, in a statement. "The Temporary Operation initiative was not designed to act as a conditional license for businesses that were looking to move into the new, regulated market. It was intended as a short-term solution with the goal of maintaining patient access while we moved applicants through the licensing process - and that objective has been met."
Harns said the Department of Licensing and Regulatory Affairs would be posting a list of licensed facilities on its website for patients to check.
"They can't just leave the patients with no solutions," said Jamie Cooper, 36, of Grand Haven. "I really hope that the state gets their act together and starts issuing these licenses, so that come Sept. 15 we have an operating system. And if they don't, then they need to extend it."
Cooper is a medical marijuana patient, and considers herself a marijuana advocate. She is hoping to treat her five-year-old son, Kylen, with a marijuana extract for his moderate autism.
"If we don't pay our taxes we get penalized by the state. But when the state doesn't do their job, they're not penalized," Cooper said. "I think the state will definitely be dealing with some lawsuits at some point because of how things have been conducted."
Licenses not a guarantee of a functioning industry
But even with a new license, dispensaries may not have any product to sell.
That's because the new medical marijuana program has strict seed-to-sale tracking. Once a dispensary pays for a new state license, any product they put on their shelf must be grown, processed, tested and transported by businesses that also have new license and are abiding by the state's new rules.
Business owners aren't confident there will be enough supply in the new industry at first to make operating right away financially feasible.
Rocky Thomas, owner of State Line Wellness Center in Morenci, said doesn't think he'll have any product to sell come Sept. 15 if he receives his license in time. The license for State Line has been tabled by the board.
"There will be no product for me to legally access, therefore I will just have to shut the door," Thomas said. "It's the cart before the horse."
Thomas said State Line serves 3,800 patients -- three-quarters of which are older than 50.
"They're fighting glaucoma, they're fighting opiate addictions," Thomas said. "They are cancer victims fighting without chemo -- and they're actually winning."
The state's slow launch of the medical marijuana industry in Michigan is now playing out alongside a campaign to legalize recreational marijuana use in the state. Voters will decide that issue at the polls Nov. 6.
Medical marijuana shops won't get licenses in time for state deadline
Next month some medical marijuana patients in Michigan may be caught in the lurch of regulatory chaos.
It's anticipated that many medical marijuana businesses in the state will have to shut their doors Sept. 15, as state officials impose a deadline for businesses to have new licenses issued under the state's program.
"You're running a whole set of very serious risks if you operate after Sept. 15," said Bob Hendricks, a marijuana business lawyer in Grand Rapids. "Risk of prosecution; risk of not getting a license at all ever."
Hefty applications and heavy scrutiny from an appointed board has slowed the launch of the program -- and regulators admit they won't be able to license all of the businesses that have applied by Sept. 15.
State officials said patients will have to be vigilant about knowing where their medicine comes from.
"The whole point of these laws is for safe access for patients to medicine," said Brandon Gardner, lead lawyer for Grand Rapids Cannabis Attorneys. "I think that's really lost in these discussions."
Temporary rules
Medical marijuana was approved by Michigan voters in 2008, but the state attempted to clarify the loosely operating system with new laws in 2016. Those led to two sets of emergency rules.
At first, the Bureau of Medical Marihuana Regulation required all operating businesses to apply for a license by Feb. 15. A total of 215 did so and have been operating under temporary rules for the past several months. At the time, the state said it would complete its vetting by June 15 and would issue new licenses.
As the day grew closer, there was such a backlog of paperwork that no licenses had been issued. The bureau extended the deadline to Sept. 15 with a signature from the governor.
"It's not a deadline for applicants per se," said Gardner. "It's more of a deadline that the state self-imposed."
Any medical marijuana business that had been operating under the temporary rules must now have a new license approved by the state's Medical Marihuana Licensing Board by Sept. 15 to be operational.
But out of the 215 that have applied, only a fraction will be licensed by Sept. 15.
The Bureau of Medical Marihuana Regulation's board is not only considering licenses for businesses operating under the emergency rules, it is looking over license applications from new businesses -- almost 600 entities in total have applied so far.
"The problem here lies with the state. The state's got to get going," Gardner said. "The state is the gatekeeper to all of this. The application process is absurd."
Seven licenses issued so far
State officials claim they have upheld their end of the bargain by issuing licenses.
As of Aug. 8, seven licenses have been issued by the state's board -- and none to testing facilities. The Aug. 9 meeting of the board has 10 facilities up for license consideration, with one more board meeting scheduled before Sept. 15.
"We fully expect that several provisioning centers will be open throughout the state by Sept. 15, with the ability to sell fully-regulated, safety-tested products to the state's medical marihuana card holders," said David Harns, spokesman for the BMMR, in a statement. "The Temporary Operation initiative was not designed to act as a conditional license for businesses that were looking to move into the new, regulated market. It was intended as a short-term solution with the goal of maintaining patient access while we moved applicants through the licensing process - and that objective has been met."
Harns said the Department of Licensing and Regulatory Affairs would be posting a list of licensed facilities on its website for patients to check.
"They can't just leave the patients with no solutions," said Jamie Cooper, 36, of Grand Haven. "I really hope that the state gets their act together and starts issuing these licenses, so that come Sept. 15 we have an operating system. And if they don't, then they need to extend it."
Cooper is a medical marijuana patient, and considers herself a marijuana advocate. She is hoping to treat her five-year-old son, Kylen, with a marijuana extract for his moderate autism.
"If we don't pay our taxes we get penalized by the state. But when the state doesn't do their job, they're not penalized," Cooper said. "I think the state will definitely be dealing with some lawsuits at some point because of how things have been conducted."
Licenses not a guarantee of a functioning industry
But even with a new license, dispensaries may not have any product to sell.
That's because the new medical marijuana program has strict seed-to-sale tracking. Once a dispensary pays for a new state license, any product they put on their shelf must be grown, processed, tested and transported by businesses that also have new license and are abiding by the state's new rules.
Business owners aren't confident there will be enough supply in the new industry at first to make operating right away financially feasible.
Rocky Thomas, owner of State Line Wellness Center in Morenci, said doesn't think he'll have any product to sell come Sept. 15 if he receives his license in time. The license for State Line has been tabled by the board.
"There will be no product for me to legally access, therefore I will just have to shut the door," Thomas said. "It's the cart before the horse."
Thomas said State Line serves 3,800 patients -- three-quarters of which are older than 50.
"They're fighting glaucoma, they're fighting opiate addictions," Thomas said. "They are cancer victims fighting without chemo -- and they're actually winning."
The state's slow launch of the medical marijuana industry in Michigan is now playing out alongside a campaign to legalize recreational marijuana use in the state. Voters will decide that issue at the polls Nov. 6.
Baron23
Well-Known Member
Michigan won’t extend medical marijuana licensing deadline beyond Sept. 15
A Michigan state official said Wednesday the state won’t extend its Sept. 15 deadline for medical marijuana businesses to secure licenses to continue operating, despite concerns the market will fall into chaos because of a lack of permitted companies.
“It will not be extended. It cannot be extended,” David Harns, spokesman for Michigan’s Department of Licensing and Regulatory Affairs, told Marijuana Business Daily. “Emergency rules are in effect.”
Unlicensed businesses are running serious risks if they operate after Sept. 15, including the hazard of potentially not ever getting a permit, Bob Hendricks, a marijuana business lawyer in Grand Rapids, told Mlive.com.
Here are the basics behind the situation:
- The state so far has approved only 16 operating licenses, including nine on Thursday, under the new regulatory regime.
- Existing MMJ businesses that don’t receive their state licenses by Sept. 15 would be required to shut down. The deadline already has been extended once, from June 15.
- Michigan cannabis attorneys and consultants have said that at this pace the market simply won’t have enough operators to begin to meet market needs and have expressed their concerns for months about the potential for disaster.
- As of August 1, the state had 290,230 registered patients, one of the country’s largest MMJ markets.
She said she has a dozen clients who have been stuck in the first step of the state’s application process since February.
“The state isn’t making this easy,” Sparrow said, adding that key hurdles have included “bureaucracy and the state’s expectation of liquid finances.”
Harns wrote in an email to MJBizDaily on Thursday that seven dispensaries, or provisioning centers as they are called in Michigan, now have been licensed, including four in Detroit.
About two-thirds of registered patients live within 30 miles of a licensed provisioning center, he added.
Licenses also have been issued to four growers, two processors, two safety-compliance companies and one transport company.
He earlier wrote that the process has been slowed by such factors as 230 applicants not turning in complete applications by the deadline.
As of this week, 347 applications were in the second step of the state’s process and hundreds were in what’s called the prequalification phase.
Baron23
Well-Known Member
This guy, Don Bailey, is a real piece of work. How'd he ever end up on this commission?
Michigan approves medical marijuana testing labs
The Michigan Medical Marijuana Licensing Board approved licenses for two testing facilities on Thursday, putting the last piece into the puzzle that will unlock the medical pot market in the state.
The board approved a total of seven licenses last month, but none of them were for testing facilities, a necessary element for medical pot to make it from growers to processors and dispensaries.
On Thursday, licenses were awarded for two testing facilities — Iron Laboratories in Walled Lake and Precision Safety Innovation Laboratories in Ann Arbor. Seven other licenses also were awarded, including for six dispensaries — four in Detroit, one in Jackson and one in Burton — and a processing facility that is attached to a Chesaning business that got four large grow licenses last month.
As soon as the testing facilities get their actual licenses, they’ll be able to begin testing marijuana and marijuana-infused products that will be sold in dispensaries.
“This means we have a complete system now, so the licensees can actually begin operating,” said Andrew Brisbo, director of the state’s Bureau of Medical Marijuana Regulation.
Ben Rosman, CEO of PSI Laboratories, said his company has been testing marijuana products for caregivers for three years and is looking forward to jumping into the regulated market.
"Michigan has the second-biggest medical marijuana patient population in the country," he said. "Once it really starts to kick off, it's going to be huge."
A license for the Brightmoore Gardens dispensary in Detroit was denied because board member Don Bailey claimed that one of the owners had several commercial properties that he was renting to caregivers who were growing medical marijuana, adding that he thought the tenants were supplying the black market with pot being grown in the rented properties.
Denise Pollicella, an attorney representing the dispensary, said the owner disclosed that he had rented two buildings to medical marijuana caregivers and that it was an acceptable use for the building.
"Don Bailey's presumption that my client, the landlord, must be knowingly engaged in the black market, based only on the fact that two of his tenants are caregivers with 4,000 square feet of space each is not only outrageous, it is actionable," she said. "Accusing a person of a crime publicly without evidence is slander."
The Brightmoore dispensary has been operating under emergency rules established by the state and with the consent of the City of Detroit. It can stay open while it appeals the board's 3-2 vote to deny the license.
Board member Vivian Pickard said she was frustrated that board members were assuming things — like what was happening with commercial rental properties — that weren't reflected in the documents they were considering. She also objected when Bailey urged the board to vote against licenses for three Detroit dispensaries that were submitted by an 84-year-old man.
“Now at the age of 84, he’s going to come out of retirement and operate at least three businesses,” Bailey said. “That just doesn’t seem genuine to me.”
But Pickard said, “I would suggest we not assume what’s happening here and not discriminate against someone based on age as well. I don’t think we can legally do that.”
The licenses for the three dispensaries were approved on a 4-1 vote.
The board also considered 23 applications for preliminary approval, passing four large grow operations, four processors, five dispensaries and denying approval for one small and three large grow operations, three dispensaries and two processors.
Seven of the nine people who have been denied licenses or preliminary approval in recent months have appealed the board’s decisions and those hearings are expected to begin next week.
People attending the meeting expressed frustration at the pace of awarding licenses, especially since a Sept. 15 deadline looms for about 230 dispensaries around the state that are operating under emergency rules. If they haven’t gotten their license from the state by Sept. 15, they have to shut down until they get one.
“What’s really lost are the patients and families affected by a shutdown,” said Rick Thompson, a board member of the Michigan chapter of NORML (National Organization for the Reform of Marijuana Laws).
“I want that shutdown to stop for compassionate reasons and for logical reasons,” he said, noting that he’d also try appeal to the board’s partisan political leanings.
Three of the five board members were appointed by Republican Gov. Rick Snyder and the remaining two were recommendations from Speaker of the House Tom Leonard, R-Dewitt, and Senate Majority Leader Arlen Meekhof, R-West Olive. Thompson said that if medical marijuana becomes scarce with a Sept. 15 shutdown, more people will come out to the polls to vote on legalizing marijuana on Nov. 6. And increased turnout could help elect more Democrats who could then have an impact on who gets appointed to the board.
“There are only two months before the November election,” Thompson said. “And if you damage voters, they’re all going to show up at the polls.”
Andrew Brisbo, director of the Bureau of Medical Marijuana Regulation, said the department will not extend the Sept. 15 deadline.
“Now that we have licenses in the system, there is still access” to medical marijuana, Brisbo said. “Two thirds of the registered patients in Michigan live in a county within 30 miles of a licensed provisioning center.”
In addition, the medical marijuana model approved by voters in 2008 calls for licensed caregivers being able to grow up to 72 plants for themselves and five additional patients. That model still exists for the 289,205 people who have medical marijuana cards.
More licenses and preliminary approvals will be considered at the board’s next meeting on Sept. 10.
Michigan approves medical marijuana testing labs
The Michigan Medical Marijuana Licensing Board approved licenses for two testing facilities on Thursday, putting the last piece into the puzzle that will unlock the medical pot market in the state.
The board approved a total of seven licenses last month, but none of them were for testing facilities, a necessary element for medical pot to make it from growers to processors and dispensaries.
On Thursday, licenses were awarded for two testing facilities — Iron Laboratories in Walled Lake and Precision Safety Innovation Laboratories in Ann Arbor. Seven other licenses also were awarded, including for six dispensaries — four in Detroit, one in Jackson and one in Burton — and a processing facility that is attached to a Chesaning business that got four large grow licenses last month.
As soon as the testing facilities get their actual licenses, they’ll be able to begin testing marijuana and marijuana-infused products that will be sold in dispensaries.
“This means we have a complete system now, so the licensees can actually begin operating,” said Andrew Brisbo, director of the state’s Bureau of Medical Marijuana Regulation.
Ben Rosman, CEO of PSI Laboratories, said his company has been testing marijuana products for caregivers for three years and is looking forward to jumping into the regulated market.
"Michigan has the second-biggest medical marijuana patient population in the country," he said. "Once it really starts to kick off, it's going to be huge."
A license for the Brightmoore Gardens dispensary in Detroit was denied because board member Don Bailey claimed that one of the owners had several commercial properties that he was renting to caregivers who were growing medical marijuana, adding that he thought the tenants were supplying the black market with pot being grown in the rented properties.
Denise Pollicella, an attorney representing the dispensary, said the owner disclosed that he had rented two buildings to medical marijuana caregivers and that it was an acceptable use for the building.
"Don Bailey's presumption that my client, the landlord, must be knowingly engaged in the black market, based only on the fact that two of his tenants are caregivers with 4,000 square feet of space each is not only outrageous, it is actionable," she said. "Accusing a person of a crime publicly without evidence is slander."
The Brightmoore dispensary has been operating under emergency rules established by the state and with the consent of the City of Detroit. It can stay open while it appeals the board's 3-2 vote to deny the license.
Board member Vivian Pickard said she was frustrated that board members were assuming things — like what was happening with commercial rental properties — that weren't reflected in the documents they were considering. She also objected when Bailey urged the board to vote against licenses for three Detroit dispensaries that were submitted by an 84-year-old man.
“Now at the age of 84, he’s going to come out of retirement and operate at least three businesses,” Bailey said. “That just doesn’t seem genuine to me.”
But Pickard said, “I would suggest we not assume what’s happening here and not discriminate against someone based on age as well. I don’t think we can legally do that.”
The licenses for the three dispensaries were approved on a 4-1 vote.
The board also considered 23 applications for preliminary approval, passing four large grow operations, four processors, five dispensaries and denying approval for one small and three large grow operations, three dispensaries and two processors.
Seven of the nine people who have been denied licenses or preliminary approval in recent months have appealed the board’s decisions and those hearings are expected to begin next week.
People attending the meeting expressed frustration at the pace of awarding licenses, especially since a Sept. 15 deadline looms for about 230 dispensaries around the state that are operating under emergency rules. If they haven’t gotten their license from the state by Sept. 15, they have to shut down until they get one.
“What’s really lost are the patients and families affected by a shutdown,” said Rick Thompson, a board member of the Michigan chapter of NORML (National Organization for the Reform of Marijuana Laws).
“I want that shutdown to stop for compassionate reasons and for logical reasons,” he said, noting that he’d also try appeal to the board’s partisan political leanings.
Three of the five board members were appointed by Republican Gov. Rick Snyder and the remaining two were recommendations from Speaker of the House Tom Leonard, R-Dewitt, and Senate Majority Leader Arlen Meekhof, R-West Olive. Thompson said that if medical marijuana becomes scarce with a Sept. 15 shutdown, more people will come out to the polls to vote on legalizing marijuana on Nov. 6. And increased turnout could help elect more Democrats who could then have an impact on who gets appointed to the board.
“There are only two months before the November election,” Thompson said. “And if you damage voters, they’re all going to show up at the polls.”
Andrew Brisbo, director of the Bureau of Medical Marijuana Regulation, said the department will not extend the Sept. 15 deadline.
“Now that we have licenses in the system, there is still access” to medical marijuana, Brisbo said. “Two thirds of the registered patients in Michigan live in a county within 30 miles of a licensed provisioning center.”
In addition, the medical marijuana model approved by voters in 2008 calls for licensed caregivers being able to grow up to 72 plants for themselves and five additional patients. That model still exists for the 289,205 people who have medical marijuana cards.
More licenses and preliminary approvals will be considered at the board’s next meeting on Sept. 10.
Where medical marijuana businesses have been licensed in Michigan
The first medical marijuana licenses are being issued to businesses in Michigan this summer.
The new regulations are emerging from the cloud of legal confusion that had been lingering over the industry for the past decade in the state, after voters legalized medical marijuana in 2008.
State officials are now telling currently operating businesses from medical marijuana growers to processors, transporters, testers and provisioning centers that they must be licensed by Sept. 15 -- or be forced to shut down.
There are at least 230 businesses operating now, state officials said; and a total of 637 businesses have applied for licenses.
As of Aug. 9, 16 licenses have been issued to medical marijuana businesses by the state board: Seven provisioning centers, two processors, two safety compliance facilities, four grower licenses to one business and one secure transporter.
Click here to see a map of where they are located.
The first medical marijuana licenses are being issued to businesses in Michigan this summer.
The new regulations are emerging from the cloud of legal confusion that had been lingering over the industry for the past decade in the state, after voters legalized medical marijuana in 2008.
State officials are now telling currently operating businesses from medical marijuana growers to processors, transporters, testers and provisioning centers that they must be licensed by Sept. 15 -- or be forced to shut down.
There are at least 230 businesses operating now, state officials said; and a total of 637 businesses have applied for licenses.
As of Aug. 9, 16 licenses have been issued to medical marijuana businesses by the state board: Seven provisioning centers, two processors, two safety compliance facilities, four grower licenses to one business and one secure transporter.
Click here to see a map of where they are located.
Baron23
Well-Known Member
Michigan would have generous marijuana possession limits compared to other states
Michigan residents would have access to generous amounts of recreational marijuana compared to most other states where it has been legalized, should voters pass a ballot initiative Nov. 6.
"Michigan would be on par with Maine," said Mason Tvert, spokesman for the national Marijuana Policy Project.
What's proposed in Michigan: people 21 and over could carry up to 2.5 ounces on them, with a total of 10 ounces at home -- as well as 12 plants.
Maine has broad laws in place, allowing individuals to have 2.5 ounces of marijuana flowers on their person, as well as three mature plants, 12 immature plants and an unlimited number of seedlings at home.
Most states in the U.S. have possession laws that allow for one ounce of marijuana.
The Michigan ballot proposal is seeking a limit of 2.5 ounces so that it aligns with the personal possession laws already in place for medical marijuana patients, said Josh Hovey, spokesman for the Coalition to Regulate Marijuana Like Alcohol.
The coalition is made up of cannabis activist groups, the ACLU and drug policy reform groups, and wrote the proposed law that voters will consider at the polls Nov. 6. If passed, the state would be required to launch and regulate the new industry.
So how much is 2.5 ounces of marijuana?
To put it in perspective, Hovey likes to compare an ounce of marijuana to a carton of cigarettes. A carton tends to hold 200 cigarettes. By that standard, 2.5 ounces of marijuana would be the equivalent of 250 joints.
If you ask the Michigan State Police, an average joint weighs about a gram -- so 2.5 ounces of marijuana would yield 70 average-sized joints. Of course, how much marijuana is in a joint depends on the circumstance.
What about medical patients?
The proposed law does not specifically address how patients with medical marijuana cards would be treated if recreational marijuana is legalized.
Would a cardholder be able to have 2.5 ounces of medical marijuana from a dispensary, as well as 2.5 ounces from a recreational business?
The question could be up for legal debate, Hovey said.
"Our intention in drafting the language was for there to be a 2.5 ounce possession limit regardless of whether the cannabis is medical or non-medical and we believe that's the proper reading of the law," Hovey said.
Age limit is always 21
In the nine states and Washington D.C. where recreational marijuana is legalized, the age limit to possess or consume has been set at 21.
A marijuana plant sits on a bench in the restricted medication area of The Cannabis Cup on Saturday, July 26, 2014 at Auto City Speedway in Clio.
Most states set cap at 1 oz
Alaska, California, Colorado, Massachusetts, Nevada, Oregon, Vermont and Washington each cap the amount of marijuana flowers that can be carried at one ounce, with different restrictions on how many flowers and plants can be kept at home. Washington D.C. allows for two ounces to be carried.
Here are the details on how different states regulate marijuana possession:
Alaska
In Alaska, the law allows people to possess up to one ounce of marijuana, and to have up to six plants in their homes. Only three of those plants can be mature and flowering at any given time.
California
In California, possession is limited to one ounce and 8 grams of marijuana concentrate, as well as up to six plants at home.
Colorado
In Colorado, possession is limited to one ounce and up to six plants -- with as many as three flowering at once. Residences are limited to a maximum of 12 plants in total.
Maine
In Maine, possession is up to 2.5 ounces, up to three mature plants, 12 immature plants and an unlimited number of seedlings
Massachusetts
Massachusetts allows up to one ounce per person, and up to 10 ounces at home. Residents can grow up to six plants at home, or 12 if more than one adult lives there.
Nevada
Nevada allows up to one ounce of marijuana, and one-eighth of an ounce of marijuana concentrate. Plants can also be grown at home -- but only if they are more than 25 miles away from a state-licensed retail store. Up to six plants are allowed per person, with no more than 12 plants per household.
Oregon
Oregon allows people to carry one ounce in public and to have 8 ounces at home. Each household is allowed up to four marijuana plants. The law allow people to possess up to 1 pound of solid edible products, 72 ounces of liquid pot products and an ounce of marijuana concentrates, such as hash oil.
Vermont
Though no retail sales are allowed in Vermont, the state allows people to have up to one ounce -- and to grow their own with up to two mature plants and four immature plants per household.
Washington
In the state of Washington, possession is limited to one ounce of marijuana flowers, 16 ounces of edibles, 72 ounces of marijuana-infused edibles and seven grams of marijuana concentrates. Residents can't grow their own plants unless they are medical patients.
Washington D.C.
In Washington D.C., laws allow for up to two ounces of marijuana and six plants -- three mature, three immature.
Oklahoma
In Oklahoma, legalization may appear on the November ballot as well. Proposed is a law that would allow up to two ounces of marijuana for personal use.
Baron23
Well-Known Member
I see that there is still no end to the squabbling in MI. How hard is it...how hard of a decision to make...to allow temp licenses to remain in effect until the state has truly established the new regulated market. Just stupid and block headed, IMO.
Lawmakers call on governor to prevent shutdown of medical marijuana businesses
A group of Michigan lawmakers -- nine Democrats and one Republican -- are asking Gov. Rick Snyder to prevent a state-imposed shutdown of unlicensed medical marijuana facilities in September.
State regulators have given temporarily operating businesses until Sept. 15 to obtain a state license. On Sept. 16, state officials plan to send out cease and desist letters to those who aren't in compliance, said Bureau of Medical Marihuana Regulation Director Andrew Brisbo.
After Sept. 15, any medical marijuana product sold in the state must be grown, processed, transported, tested and sold by a business that has a new license.
More than 637 businesses have applied for licenses, and 16 have been granted so far. There is one more licensing board meeting before the state deadline.
Where medical marijuana businesses have been licensed in Michigan
The state has issued 16 licenses to businesses so far.
Brisbo said the new system would be operational by the licensing deadline. But people in the industry aren't confident that will be the case -- potentially leaving medical marijuana patients with few sources to turn to.
A group of Michigan legislators sent a letter to Snyder and Shelly Edgerton, the director of Licensing and Regulator Affairs, asking them to extend the Sept. 15 deadline. The letter was signed by State Sen. David Knezek, D-Dearborn Heights, and state representatives Jewell Jones, D-Inkster; Frank Liberati, D-Allen Park; Robert Wittenberg, D-Oak Park; Patrick Green, D-Warren; Yousef Rabhi, D-Ann Arbor; Adam Zemke, D-Pittsfield Township; Tom Cochran, D-Mason; David LaGrand, D-Grand Rapids; and Martin Howrylak, R-Troy.
"It is not acceptable to allow a bureaucratic delay to bankrupt law-abiding small businesses, to destroy jobs, and to deny epileptic children and disabled veterans access to the medicines they need," the letter from the state legislators said.
The state previously was going to require businesses to obtain a license by June 15, but a new set of emergency rules issued in May changed the deadline to Sept. 15. Brisbo said the state has no intention of issuing new emergency rules to change the deadline again.
Medical marijuana licensing system now complete as Sept. 15 deadline looms
Two testing labs were granted licenses by a state board -- the last link in a new system.
"The intention of the temporary operation rule was to provide temporary patient access. Now that we have licenses in the system, albeit a small number of licenses -- I'll grant you that -- there is still access," Brisbo said. "At this point, based on our calculations, two-thirds of the patients in Michigan live in a county that's within 30 miles of a licensed provisioning center."
Brisbo said allowing businesses to temporarily operate under emergency rules with no oversight while the state launches a new regulated, licensed program would complicate matters for the police.
The Medical Marihuana Licensing Board cancelled one of its meetings this summer, and issued its first set of licenses in mid-July. Applications are lengthy and background checks are detailed, which has lead to many back-and-forth conversations between state regulators and applicants.
"We are very concerned that the current pace of application processing will not be fast enough to meet the September 15th deadline for all applicants who applied prior to February 15th," the letter reads.
Lawmakers call on governor to prevent shutdown of medical marijuana businesses
A group of Michigan lawmakers -- nine Democrats and one Republican -- are asking Gov. Rick Snyder to prevent a state-imposed shutdown of unlicensed medical marijuana facilities in September.
State regulators have given temporarily operating businesses until Sept. 15 to obtain a state license. On Sept. 16, state officials plan to send out cease and desist letters to those who aren't in compliance, said Bureau of Medical Marihuana Regulation Director Andrew Brisbo.
After Sept. 15, any medical marijuana product sold in the state must be grown, processed, transported, tested and sold by a business that has a new license.
More than 637 businesses have applied for licenses, and 16 have been granted so far. There is one more licensing board meeting before the state deadline.
Where medical marijuana businesses have been licensed in Michigan
The state has issued 16 licenses to businesses so far.
Brisbo said the new system would be operational by the licensing deadline. But people in the industry aren't confident that will be the case -- potentially leaving medical marijuana patients with few sources to turn to.
A group of Michigan legislators sent a letter to Snyder and Shelly Edgerton, the director of Licensing and Regulator Affairs, asking them to extend the Sept. 15 deadline. The letter was signed by State Sen. David Knezek, D-Dearborn Heights, and state representatives Jewell Jones, D-Inkster; Frank Liberati, D-Allen Park; Robert Wittenberg, D-Oak Park; Patrick Green, D-Warren; Yousef Rabhi, D-Ann Arbor; Adam Zemke, D-Pittsfield Township; Tom Cochran, D-Mason; David LaGrand, D-Grand Rapids; and Martin Howrylak, R-Troy.
"It is not acceptable to allow a bureaucratic delay to bankrupt law-abiding small businesses, to destroy jobs, and to deny epileptic children and disabled veterans access to the medicines they need," the letter from the state legislators said.
The state previously was going to require businesses to obtain a license by June 15, but a new set of emergency rules issued in May changed the deadline to Sept. 15. Brisbo said the state has no intention of issuing new emergency rules to change the deadline again.
Medical marijuana licensing system now complete as Sept. 15 deadline looms
Two testing labs were granted licenses by a state board -- the last link in a new system.
"The intention of the temporary operation rule was to provide temporary patient access. Now that we have licenses in the system, albeit a small number of licenses -- I'll grant you that -- there is still access," Brisbo said. "At this point, based on our calculations, two-thirds of the patients in Michigan live in a county that's within 30 miles of a licensed provisioning center."
Brisbo said allowing businesses to temporarily operate under emergency rules with no oversight while the state launches a new regulated, licensed program would complicate matters for the police.
The Medical Marihuana Licensing Board cancelled one of its meetings this summer, and issued its first set of licenses in mid-July. Applications are lengthy and background checks are detailed, which has lead to many back-and-forth conversations between state regulators and applicants.
"We are very concerned that the current pace of application processing will not be fast enough to meet the September 15th deadline for all applicants who applied prior to February 15th," the letter reads.
It's asinine. There is absolutely no rational behind it. And forcing patients to 'stock up' in the event of closures puts them at risk of being over their legal limits for possession.
Shredder
Dogs like me
This may not be right, but it is typical behavior by this state. I dont think our state government ever seriously took mj as medicine. Just imagine the uproar if there was only a handful of liquor stores or cigarette sales in the state.
They can say what they want, but their actions are clear. They have never put patients first. They're totally paranoid of a mj black market. Something they never ever have stopped in my lifetime. But again the states own actions force patients into it. And then they blame the patients.
Just another reason to throw the bastards out. Come on November!
Baron23
Well-Known Member
That's my view....make them pay and pay dearly for their arrogance and self-righteousness!
Not really a legality post... although NORML will be there... 
I figured this was the best place for this.
I figured this was the best place for this.
A whole lot of people keeping their fingers crossed for this one... me included.
Lawmakers ask governor to halt scheduled shutdown of Michigan medical marijuana facilities
A group of Michigan legislators wants to prevent a scheduled shutdown of many of the state’s medical marijuana businesses next month.
At issue, the band of nine Democrats and one Republican says, is a "significant backlog" of licensing applications from marijuana businesses, some of which applied prior to Feb. 15.
Their letter to Gov. Rick Snyder and Shelly Edgerton, director of the department of Licensing and Regulatory Affairs, opens: "On behalf of our constituents, we urgently ask you to ensure that Michiganders continue to have access to reliable sources of medical marijuana."
The letter points out that, after cancelling a July meeting, the licensing board is expected to review only 20 to 30 applications per month.
According to an MLive report, only 16 licenses had been issued to medical marijuana businesses by the state board as of Aug. 9. More than 200 businesses — from growers to processors to testers — are currently operating and more than 600 businesses have applied for licenses.
Despite the backlog, state regulators have set a Sept. 15 deadline for medical marijuana facilities to comply with state licensing requirements. Cease and desist letters will be sent to non-compliant businesses beginning Sept. 16.
State Rep. Frank Liberati (D-Allen Park) is one of the 10 lawmakers who signed the letter.
"Michigan is home to approximately 270,000 medical marijuana patients and ensuring that these individuals have legal access to care is important to the citizens of our state," Liberati said.
Liberati represents Michigan's 13th District, which includes Allen Park, Southgate and part of Dearborn Heights.
The other nine lawmakers are state Sen. David Knezek (D-Dearborn Heights) and state Reps. Tom Cochran (D-Mason), Patrick Green (D-Warren), Martin Howrylak (R-Troy), Jewell Jones (D-Inkster), David LaGrand (D-Grand Rapids), Yousef Rabhi (D-Ann Arbor), Robert Wittenberg (D-Oak Park) and Adam Zemke (D-Pittsfield Township).
The letter closes with a request for Snyder and Edgerton.
"It is not acceptable to allow a bureaucratic delay to bankrupt law-abiding small businesses, to destroy jobs, and to deny epileptic children and disabled veterans access to the medicines they need. You have the power to prevent this by either extending the deadline for continued operations or by devoting sufficient administrative resources to enable timely processing of licensure applications.
"Please act promptly to protect the people of our state."
Lawmakers ask governor to halt scheduled shutdown of Michigan medical marijuana facilities
A group of Michigan legislators wants to prevent a scheduled shutdown of many of the state’s medical marijuana businesses next month.
At issue, the band of nine Democrats and one Republican says, is a "significant backlog" of licensing applications from marijuana businesses, some of which applied prior to Feb. 15.
Their letter to Gov. Rick Snyder and Shelly Edgerton, director of the department of Licensing and Regulatory Affairs, opens: "On behalf of our constituents, we urgently ask you to ensure that Michiganders continue to have access to reliable sources of medical marijuana."
The letter points out that, after cancelling a July meeting, the licensing board is expected to review only 20 to 30 applications per month.
According to an MLive report, only 16 licenses had been issued to medical marijuana businesses by the state board as of Aug. 9. More than 200 businesses — from growers to processors to testers — are currently operating and more than 600 businesses have applied for licenses.
Despite the backlog, state regulators have set a Sept. 15 deadline for medical marijuana facilities to comply with state licensing requirements. Cease and desist letters will be sent to non-compliant businesses beginning Sept. 16.
State Rep. Frank Liberati (D-Allen Park) is one of the 10 lawmakers who signed the letter.
"Michigan is home to approximately 270,000 medical marijuana patients and ensuring that these individuals have legal access to care is important to the citizens of our state," Liberati said.
Liberati represents Michigan's 13th District, which includes Allen Park, Southgate and part of Dearborn Heights.
The other nine lawmakers are state Sen. David Knezek (D-Dearborn Heights) and state Reps. Tom Cochran (D-Mason), Patrick Green (D-Warren), Martin Howrylak (R-Troy), Jewell Jones (D-Inkster), David LaGrand (D-Grand Rapids), Yousef Rabhi (D-Ann Arbor), Robert Wittenberg (D-Oak Park) and Adam Zemke (D-Pittsfield Township).
The letter closes with a request for Snyder and Edgerton.
"It is not acceptable to allow a bureaucratic delay to bankrupt law-abiding small businesses, to destroy jobs, and to deny epileptic children and disabled veterans access to the medicines they need. You have the power to prevent this by either extending the deadline for continued operations or by devoting sufficient administrative resources to enable timely processing of licensure applications.
"Please act promptly to protect the people of our state."
And now... coming to you from the state that's making up the ruless as it goes....
Michigan takes bite out of medical pot foods with bans on infused butter, cheesecake, jerky
Hummus laced with marijuana is off the menu. So is pot-tinged banana cream pie, cheesecake and frosting.
Michigan's cannabis chefs will be restricted to certain foods under new emergency rules from the Bureau of Medical Marihuana Regulation, a development that has some medical pot advocates disgruntled.
But marijuana-infused popcorn can grace the shelves of newly licensed provisioning centers. The same goes for marijuana graham crackers, marshmallows and granola.
Largely, anything that is “shelf-stable” and does not require refrigeration can be sold as an edible medical marijuana product, according to a state bulletin released last week that so far only affects two medical marijuana processors.
The lists of approved and prohibited forms of edible medical marijuana in the bulletin is not exhaustive, but should serve as a guide for “good, safe product,” spokesman David Harns said. He noted that the rules apply to processors for items they prepare and sell, not to items people make at home.
The bulletin lists several examples of what constitutes banned refrigerated foods, including meat and fish products, milk or dairy products, ice cream, vegetable jams or jellies, canned fruit, melon, tomatoes, caramel apples and leafy greens.
Among those items that can be made and sold on the state’s infant medical marijuana market: fruit jams and jellies, granola, chocolate-covered pretzels, dried pasta, coffee beans and vinegars.
The state will require proof of additional processing for certain products, including marijuana-infused salad dressings, sauces, beverages, pickled products and salsa.
The elimination of any refrigerated or frozen goods “significantly restricts the number of ways patients can purchase their medicine from provisioning centers,” said Rick Thompson, editor and publisher of the Michigan Cannabis Industries Report.
“From a patient perspective, there is a more friendly way to view the rules than the way they’re doing it; it’s possible more leeway could be applied,” he said.
But the banning of butter is what most curdles the hearts of the medical marijuana industry. Medical pot patients use cannabis butter on items that range from toast to brownies, Thompson said.
“That eliminates one of the main ingredients used in an awful lot of cannabis treatments,” he said.
The emergency rules come as voters prepare to consider in November a ballot measure that would legalize recreational use of marijuana. Under the proposal, residents residents age 21 years and older could generally carry up to 2.5 ounces of the drug or possess up to 10 ounces in their homes, but smoking would not be allowed on public sidewalks.
A national group that opposes legalizing marijuana worries that expanding edible and sugared forms of pot poses a danger to children and adults alike.
“This has nothing to do with the vote in November, which would allow ice creams and candies and sodas to be infused with pot," said Kevin Sabet, president of the Alexandria, Virginia-based Smart Approaches to Marijuana.
"The real question is, why are we allowing products such as 99-percent, THC-infused candies, gummies, jellies and concentrates to be allowed at all in Michigan? All of these end up being accidentally ingested by children and adults. Skyrocketing emergency room visits in states such as Colorado are being driven by these edibles.”
A study of marijuana-related hospitalizations and emergency room visits was compiled in 2015 by the Colorado Department of Public Health. It found that emergency room visits grew from 2012 to 2014, but dropped in 2015.
But marijuana-related hospitalization increased from 2001 to 2015, according to the study with information compiled from Colorado Hospital Association billing codes.
Among the 16 medical marijuana operating licenses the state of Michigan has granted so far, two have been to processors, which will be affected by the new edible medical marijuana rules.
Operating facilities that applied for licenses prior to Feb. 15 have until Sept. 15 to obtain their licenses before the state begins issuing cease-and-desist letters.
As of Aug. 9, the state had approved 51 of 637 pre-qualification applications and denied 23. Of the 347 applications for state operating licenses, 16 had been approved and two denied.
The emergency rules for processing centers are separate from the permanent regulations, which will have public hearings before they’re finalized in the fall.
Michigan takes bite out of medical pot foods with bans on infused butter, cheesecake, jerky
Hummus laced with marijuana is off the menu. So is pot-tinged banana cream pie, cheesecake and frosting.
Michigan's cannabis chefs will be restricted to certain foods under new emergency rules from the Bureau of Medical Marihuana Regulation, a development that has some medical pot advocates disgruntled.
But marijuana-infused popcorn can grace the shelves of newly licensed provisioning centers. The same goes for marijuana graham crackers, marshmallows and granola.
Largely, anything that is “shelf-stable” and does not require refrigeration can be sold as an edible medical marijuana product, according to a state bulletin released last week that so far only affects two medical marijuana processors.
The lists of approved and prohibited forms of edible medical marijuana in the bulletin is not exhaustive, but should serve as a guide for “good, safe product,” spokesman David Harns said. He noted that the rules apply to processors for items they prepare and sell, not to items people make at home.
The bulletin lists several examples of what constitutes banned refrigerated foods, including meat and fish products, milk or dairy products, ice cream, vegetable jams or jellies, canned fruit, melon, tomatoes, caramel apples and leafy greens.
Among those items that can be made and sold on the state’s infant medical marijuana market: fruit jams and jellies, granola, chocolate-covered pretzels, dried pasta, coffee beans and vinegars.
The state will require proof of additional processing for certain products, including marijuana-infused salad dressings, sauces, beverages, pickled products and salsa.
The elimination of any refrigerated or frozen goods “significantly restricts the number of ways patients can purchase their medicine from provisioning centers,” said Rick Thompson, editor and publisher of the Michigan Cannabis Industries Report.
“From a patient perspective, there is a more friendly way to view the rules than the way they’re doing it; it’s possible more leeway could be applied,” he said.
But the banning of butter is what most curdles the hearts of the medical marijuana industry. Medical pot patients use cannabis butter on items that range from toast to brownies, Thompson said.
“That eliminates one of the main ingredients used in an awful lot of cannabis treatments,” he said.
The emergency rules come as voters prepare to consider in November a ballot measure that would legalize recreational use of marijuana. Under the proposal, residents residents age 21 years and older could generally carry up to 2.5 ounces of the drug or possess up to 10 ounces in their homes, but smoking would not be allowed on public sidewalks.
A national group that opposes legalizing marijuana worries that expanding edible and sugared forms of pot poses a danger to children and adults alike.
“This has nothing to do with the vote in November, which would allow ice creams and candies and sodas to be infused with pot," said Kevin Sabet, president of the Alexandria, Virginia-based Smart Approaches to Marijuana.
"The real question is, why are we allowing products such as 99-percent, THC-infused candies, gummies, jellies and concentrates to be allowed at all in Michigan? All of these end up being accidentally ingested by children and adults. Skyrocketing emergency room visits in states such as Colorado are being driven by these edibles.”
A study of marijuana-related hospitalizations and emergency room visits was compiled in 2015 by the Colorado Department of Public Health. It found that emergency room visits grew from 2012 to 2014, but dropped in 2015.
But marijuana-related hospitalization increased from 2001 to 2015, according to the study with information compiled from Colorado Hospital Association billing codes.
Among the 16 medical marijuana operating licenses the state of Michigan has granted so far, two have been to processors, which will be affected by the new edible medical marijuana rules.
Operating facilities that applied for licenses prior to Feb. 15 have until Sept. 15 to obtain their licenses before the state begins issuing cease-and-desist letters.
As of Aug. 9, the state had approved 51 of 637 pre-qualification applications and denied 23. Of the 347 applications for state operating licenses, 16 had been approved and two denied.
The emergency rules for processing centers are separate from the permanent regulations, which will have public hearings before they’re finalized in the fall.
Shredder
Dogs like me
While I've never really been big on medibles I'm totally against the state deciding for me what's appropriate and what's not. Especially since the state ok'd cigarettes and booze, knowing that kids get their hands on both. Again we need to throw the bastards out, and elect people that work for the people.
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