Law Michigan MMJ

[momofthegoons]

Medical Pot Bringing $8.8M, 48 New Positions to Michigan State Police

They’ll enforce licensure mandates imposed by a 'seed to sale' regulatory regime authorized last year
By Evan Carter |June 5, 2017 |



Nearly $8.8 million of a proposed $33.1 million increase in the Michigan State Police budget next year would go toward hiring 48 new full-time employees to assist in medical marijuana licensure oversight, according to a House Fiscal Agency summary.

The new spending is related to the Medical Marihuana Facilities Licensing Act that became law in 2016, which imposes a number of new licensure mandates on growers, sellers and transporters, and delegates their enforcement to the state police. Money for enforcement will come from annual fees assessed to medical marijuana license-holders, according to state police spokeswoman Lori Dougovitol.

Of the 48 new employees, 30 would work in investigations, eight in forensic science, seven in commercial vehicle enforcement, and three in intelligence operations. While there are some points of disagreement between the executive budget recommendation for the state police and what the House has advanced, hiring 48 new employees for medical marijuana regulation is not one of them.

A proposed 5 percent increase in overall state police spending next year also includes specific police training program additions ($1 million), a student safety hotline ($608,300) and traffic control at the Michigan International Speedway ($800,000).

Matt Abel, the executive director of Michigan NORML, an organization that works to end state prohibitions on marijuana, said he wasn’t surprised by the increased budget for state police medical marijuana oversight.

“We’re moving into licensing a newly regulated business, so it’s expected that we’d need inspectors to insure regulatory compliance.” He added, “I’m disappointed about how much law enforcement resources have been used to prosecute medical marijuana patients.”

According to the website Weedmaps, Michigan has about 200 medical marijuana dispensaries, which under the new marijuana law, could be considered provisioning centers requiring state licenses with annual renewals

In 2008, Michigan voters approved the Michigan Medical Marijuana Initiative, which legalized medical marijuana use and allowed caregivers to grow limited amounts for patients. (State statutes use the anachronistic spelling of “marihuana” to maintain consistency with older laws.)

I think that this quote from the comments section sums it up nicely:

"This new govt spending smells funny. The story is missing critical info.

- State police spokeswoman Lori Dougovitol so confidently predicts the new pot fees will cover this new $8.8 million in spending - what are the independent estimates of those fees?

- Don't we already have plenty of law enforcement dedicated to pot enforcement? Are they somehow disappearing?

- If medical pot is legal then it would seem to need regulatory inspectors, *not* State Police law enforcement.

This new bureaucracy is yet another fake justified expansion of state government. And yet another waste of taxpayer money."

 

[Baron23]

@momofthegoons - yep, that's all politicians know how to do well...spend any dollars (and more) they can get their grubby hands on.

Shakespeare had it wrong in Henry VI: ""The first thing we do, let's kill all the politicians"

and no....I do not mean kill them literally. Or even physically hurt them or even emotionally abuse them. I'm thinking kick em out of office and make them work for a living for often the first time in their little greedy, self-serving minds (in the modern Griffin era one must be very careful to separate rhetoric from serious).

 

[momofthegoons]

Michigan Senator Fast Tracks Change To Medical Marijuana Facilities Law

Senator introduces bill to Senate, has it assigned to his Committee, adds it to that group’s meeting schedule with two hours notice and takes up bill for consideration all on same day; bill first to propose changes to Medical Marihuana Facilities Licensing Act


by Rick Thompson/June 7, 2017

LANSING- Tuesday, June 6th was a busy day for Michigan Senator Rick Jones, a Republican from Grand Ledge.

In the morning he introduced a new bill, SB 433, and had it assigned to the Judiciary Committee which he chairs. At approx. 1pm he had the bill added to the agenda for the next Committee meeting- which was held two hours later.

The need for this level of expediency in governing is not immediately apparent, as some of the change proposed in the bill is predicated on participation in a Federal Bureau of Investigation program in which Michigan is not even enrolled, according to the language of SB 433 itself.

The Senate Judiciary Committee secretary posted the Agenda for the June 6th meeting on May 31st, a full week prior to the meeting. This was that notice:

NOTICE OF SCHEDULED MEETING


COMMITTEE: Judiciary

DATE: Tuesday, June 6, 2017


TIME: 3:00 p.m.

PLACE: Room 1300, Binsfeld Building


201 Townsend Street

Lansing, MI 48933


PHONE: Heather Dorbeck (517) 373-5323

Committee Clerk


AGENDA


SB 413 Sen. O’Brien Crimes; animals; penalties for certain animal crimes; amend.


SB 414 Sen. O’Brien Criminal procedure; sentencing guidelines; sentencing guidelines for certain animal crimes; amend.


SB 416 Sen. Rocca Animals; animal shelters; adoption of certain seized animals used in fighting operations; allow, and make other revisions.


HB 4065 Rep. Pagel Corrections; other; prohibition against the department of corrections hiring a formerly convicted felon; modify.


And any other business properly before the committee.

At 12:55 on June 6 an “Updated” agenda was sent out by the secretary with the following bills added to the agenda:



HB 4532 Rep. Whiteford Property; recording; marital status in instruments conveying or mortgaging real estate; modify.


HB 4575 Rep. LaFave Civil procedure; costs and fees; fee for publication of legal notice; extend sunset for annual increases for inflation.


SB 433 Sen. Jones Marihuana; facilities; background check requirements for prospective licensees; modify.

HB 4532 was introduced on April 26 and was passed by the House on May 31.HB 4575 was introduced on May 2nd and was passed by the House on May 31. Both bills were well known and available, but SB 433 was brand-new.

The bill’s description is “Marihuana; facilities; background check requirements for prospective licensees; modify.” It would change a bill passed by the legislature and signed by Governor Rick Snyder less than a year ago called Public Act 281, the Medical Marihuana Facilities Licensing Act (MMFLA).

That bill and several companions created a set of regulations and protections for legal cultivation, processing and distribution of cannabis through the confines of the state’s 8-year old medical marijuana program. The program boasts 240,000 registered patients and 40,000 licensed caregivers who provide for their directly-connected patients. A vast commercial system already exists in the state to service those patients, but those businesses are locally authorized and not state-sanctioned.

Enrollment requirements in the new MMFLA system were established by the language of the legislation, with the finer details to be added by a committee who recommends administrative rules. Those licensing requirements are expected to be finalized soon, to allow current businesses and potential applicants to start the process of preparing to qualify. That administrative rules group has not yet been named, although the Governor has named the group of people who will be responsible for approving the licenses received by the state. Licenses are not expected to be accepted before December of 2017, making this appointment a job which may not begin until early 2018.

While this process of finalizing the administrative rules is underway, Sen. Jones has introduced a bill which would require applicants to undergo a more stringent series of background tests, including a “national criminal background check” conducted by the FBI.

Background checks and fingerprints were already required for the Applicant and “each person who is an officer, director, or managerial employee of the applicant”, per P.A. 281. The federal screen would apply to all of those individuals as well. The Michigan State Police (MSP) would submit the background request to the FBI and then report the findings to the Licensing Board.

SB 433 would also require all the named persons to submit “written consent” to the check, and to their inclusion in a MSP database and a federal database which is not yet created. The MSP database searches for latent fingerprint matches from past cases and constantly scans the Applicant’s prints for matches with all new prints added to the MSP database. The “FBI Automatic Notification System” is a federal version performing similar function to which the MSP is not currently enrolled.

The rule requiring federal listing of fingerprints “does not apply until the department of state police is a participant in the FBI Automatic Notification System,” per SB 433. The bill is so new there is no Senate agency analysis of the bill at this time, and it still remains in the Senate Judiciary Committee until it has a second hearing.

___________________

The text of SB 433 is available on the state website HERE. A downloadable version is posted on The Social Revolution HERE

 

[momofthegoons]

@Mr Mellish there's an event in Ann Arbor Friday, June 9th you might be interested in.

 

[Mr Mellish]

I don't want to go political here and will avoid the thread if it goes there. I am exhausted with politics and just like the goals of this group (particularly if they'll put some energy into the last two paragraphs I've snipped: One simple federal change that could end petition drives, state by state referendums, money spent lobbying on both sides at the state level, and me being seriously jealous of states too far from me to be helpful...). Here is a PAC I could see sending some cash to:

https://www.leafly.com/news/politic...roger-stone-talks-cannabis-legalization-trump

Snip:
Stone said he hopes to convince Trump to tell Sessions and Homeland Security Secretary John Kelly to stand down from “talking wistfully about a coming marijuana crackdown.”

“It’s important that the president realize that not only would that deny medical relief to millions of people but it would also deny states and counties hundreds of millions of dollars worth of revenue, revenue they’re already budgeting and counting on,” Stone said. “The state of Colorado has a surplus today because of their legalized cannabis industry. Take that away and they’re on the brink of bankruptcy, as are many states.”

Stone noted Trump could single-handedly remove cannabis from Schedule I, a status, on par with heroin, that classifies cannabis as having no known medical value despite state laws to the contrary.

“Trump can do it at a stroke of the pen or direct the Secretary of Health to do it,” Stone said. “One man can make this decision.”

Amen! Let's go for the endgame!

 

[Baron23]

Stone noted Trump could single-handedly remove cannabis from Schedule I, a status, on par with heroin, that classifies cannabis as having no known medical value despite state laws to the contrary.

“Trump can do it at a stroke of the pen or direct the Secretary of Health to do it,” Stone said. “One man can make this decision.”

This is absolutely true and has been for this administration and all prior ones, without regard for party affiliation. The only barrier is political cowardliness, IMO. Remember that next time you vote.

 

[Mr Mellish]

This is absolutely true and has been for this administration and all prior ones, without regard for party affiliation. The only barrier is political cowardliness, IMO. Remember that next time you vote.

Agreed. It only takes one president with the intestinal fortitude and neither party has delivered. It's intriguing to see a national level PAC formed around this issue. The board members seem at least a little eclectic.

 

[momofthegoons]

Michigan Supreme Court: Police Trespassed, Violated Fourth Amendment With Predawn 'Knock And Talk'
Jun 30, 2017 @ 09:35 AM
In a welcome win for private property rights, the Michigan Supreme Court unanimously ruled that law enforcement violated the Fourth Amendment by trespassing without a warrant. The decision centered on a controversial tactic known as a “knock and talk,” which involves law enforcement approaching homes in order to question the residents and win permission to search inside. Notably, this ruling echoes a dissent written last year by none other than Neil Gorsuch, before he was elevated to the U.S. Supreme Court.

The case dates back to March 18, 2014, when Michael Frederick was jostled awake at 4 o’clock in the morning by loud, insistent knocking. Answered the door, Frederick was greeted by seven armed and vested officers from the Kent Area Narcotics Enforcement Team (KANET). KANET officers asked Frederick if he had any marijuana butter. After he consented to a search, officers found both marijuana butter and a batch of pot brownies in his home.

Shutterstock

A little over an hour later, KANET officers repeated the knock and talk at the home of Todd Van Doorne. He agreed to a search, allowing law enforcement to find and confiscate marijuana butter. At the time, both Frederick and Van Doorne worked as jail guards in the Kent County Sheriff’s Department. Both have since lost their jobs and been charged with cannabis offenses.

Although Frederick and Van Doorne had valid medical marijuana cards, a circuit court judge ruled that the two men owned too much cannabis to be protected under Michigan’s medical marijuana laws.

Both men challenged the constitutionality of the knock and talks, though they were rebuffed at the trial and the appellate court level. The Michigan Court of Appeals even compared a predawn visit by armed officers of the state to delivering newspapers. But on June 1, the Michigan Supreme Court ruled in favor of Frederick and Van Doorne.

To reach her decision, Justice Bridget McCormack relied heavily on a 2013 opinion by the U.S. Supreme Court,Florida v. Jardines. In that case, Miami-Dade police brought a drug dog onto the front porch of a suspected grow house owned by Joelies Jardines. After sniffing at the front door, the dog “alerted,” which police used as the basis for a warrant. With warrant in hand, police searched the home and found cannabis plants, and subsequently charged Jardines with trafficking.

Writing for the majority (which, in a highly unusual split, consisted of Justices Ruth Bader Ginsburg, Clarence Thomas, Sonia Sotomayor and Elena Kagan), Justice Antonin Scalia ruled that police violated the Fourth Amendment, which in turn required the evidence obtained to be suppressed.

By walking the drug dog onto Jardines’ porch, Miami-Dade police entered the “curtilage” of his home, which includes the area “immediately surrounding and associated with the home.” Under the common law, the curtilage has long been considered part of the home for scrutinizing searches and seizures and could even extend as far as200 yards away.

Yet police who enter someone’s front porch or knock on the door aren’t automatically trespassing. As Scalia noted, there are an “implicit license” and “background social norms” that dictate when and why visitors can appropriately approach a home, which even “Girl Scouts and trick-or-treaters” know. So as long as law enforcement respects that implicit license, they can knock and talk without a warrant, “precisely because that is ‘no more than any private citizen might do.’”

Of course, selling cookies or asking for candy is completely different than conducting a narcotics investigation with a canine unit. “To find a visitor knocking on the door is routine,” Scalia wrote. “To spot that same visitor exploring the front path with a metal detector, or marching his bloodhound into the garden before saying hello and asking permission, would inspire most of us to—well, call the police.”

Notably, even Justice Samuel Alito agreed in his dissent that “a visitor [cannot] come to the front door in the middle of the night without an express invitation.”

The parallels to Frederick and Van Doorne’s cases should be clear. Applying Jardines, the Michigan Supreme Court ruled that “because these knock and talks were outside the scope of the implied license, the officers trespassed on Fourth-Amendment-protected property.” After all, “a knock and talk is not considered a governmental intrusion precisely because its contours are defined by what anyone may do.”

In addition, the court sent the cases back to the trial court to determine if the consent given by Frederick and Van Doorne was “sufficiently attenuated from the warrantless search.” At least one member of the Michigan Supreme Court seems to think the “consent” was a mirage. Back in March, Justice Richard Bernstein posed the following question to the government at oral argument:

Let’s go to our scenario here which is our case: It’s 4 in the morning, there’s headlights that are shining into your house; there’s a number of different officers that are now on the premises; they’re wearing tactical gear; they have weapons; and they approach your front door. Do you think that the ordinary citizen in that situation feels that they have an obligation to comply?

“The rule of law triumphed here,” Bruce Block, the defense attorney for Van Doorne told a local news station. “A person’s house is still his castle. You can live there, you can eat there and you can yes, even sleep there, without being worried about police coming in at inappropriate times.”

Should the Frederick and Van Doorne cases or a similar knock and talk reach the U.S. Supreme Court, they may find a sympathetic ear in the bench’s newest member. Last year, in United States v. Carloss, the 10th U.S. Circuit Court of Appeals upheld a knock and talk as within the bounds of implied license, even though the defendant had posted multiple “No Trespassing” signs on his property and on the front door. The only dissenter was then-Judge Gorsuch.

Gorsuch slammed the government’s suggestion that “its officers enjoy an irrevocable right to enter a home’s curtilage to conduct a knock and talk:”

A homeowner may post as many No Trespassing signs as she wishes. She might add a wall or a medieval-style moat, too. Maybe razor wire and battlements and mantraps besides. Even that isn’t enough to revoke the state’s right to enter.

For Gorsuch, that thinking seemed “difficult to reconcile with the Constitution of the founders’ design.” He acknowledged that requiring warrants for knock and talks in cases like Carloss could make law enforcement’s job “marginally more difficult…but obedience to the Fourth Amendment always bears that cost and surely brings with it other benefits.”

“Our duty of fidelity to the law requires us to respect all these law enforcement tools,” Gorsuch added. “But it also requires us to respect the ancient rights of the people when law enforcement exceeds their limits.”

 

[Baron23]

Just for you, @momofthegoons

Group makes push for recreational marijuana in Michigan
NILES — Tucked away in an outlet on the southern outskirts of the city is a store called Lush Lighting. As its name suggests, it specializes in selling LED lights and other products to help plants grow more efficiently.

Though it may not look like it from its modest facade, owner Matthew Johnson said his store, and others like it across Michigan, could soon be in for a huge spike in business.

Under a series of new medical marijuana laws passed in 2016, cities and townships in Michigan are deciding whether or not to allow medical marijuana businesses into their communities. Locally, a few are climbing on board.

But voters across Michigan may soon have an even bigger decision to make about the drug.

On the heels of the recent medical marijuana industry overhaul here, the Coalition to Regulate Marijuana like Alcohol is pushing to put a question on the 2018 ballot that would make recreational marijuana legal for adults 21 and older.

The proposed law would decriminalize the possession of 2.5 ounces of marijuana in public and allow for up to 10 ounces to be kept under supervision in private.

“This is the most responsible way to regulate marijuana,” said Josh Hovey, a spokesperson for the coalition. “There are already those out there who are operating medical marijuana business. Burying our heads in the sand and ignoring the adult-use side of the marijuana market isn’t going to solve any problems.”

The bill also creates a structure for the recreational marijuana industry that’s much like the medical industry as state licenses would be issued to growers, processors, transporters, testing facilities and retailers.

Townships and cities would again choose whether or not to allow recreational marijuana businesses.

“Our initiative would have a very similar approach to (the medical marijuana laws passed in 2016),” Hovey said. “… All of the work they’re doing now will give them a fairly good position to be in when the adult-use comes into play.”

Getting on the ballot


Michigan first legalized medical marijuana in 2008. But marijuana advocates here know the leap from medical to recreational legalization can be considerable.

In 2016, the group MI Legalize put forward a similar petition effort to legalize recreational marijuana. It failed to make the ballot, however, because of a lack of valid signatures of support within the legally required 180-day window.

MI Legalize took the case to the Michigan Supreme Court, but the Court declined to hear the appeal.

This time, Hovey said the coalition has contracted with National Petition Management — a professional signature collecting organization — to obtain the necessary signatures.

“We learned a lesson from (MI Legalize),” Hovey said. “And we’re working with them to collect signatures through their volunteer effort.”

Hovey added that the coalition is working with other marijuana advocacy groups in the state and across the country, including the Marijuana Policy Project — a national advocacy group that works for legalization.

The Coalition to Regulate Marijuana like Alcohol needs 252,523 signatures for the petition to get on the ballot, and those signatures must be collected within 180 consecutive days over the course of a 250-day window. The effort began May 18.

Hovey is confident the measure will get to voters in November 2018 and, he says, the coalition should have the necessary signatures by early this fall.

According to filings with the Michigan Secretary of State’s office, the Coalition to Regulate Marijuana like Alcohol has received more than $368,000 in donations this year — mostly from the Marijuana Policy Project. The filings also show the coalition has spent a little more than $300,000 in marketing, consultation and signature collection since the start of 2017.

Locally, some individual business have taken up the cause, as well.

MI Legalize’s website has a list of “petition hubs,” businesses where supporters of the ballot initiative can sign the petition. Lush Lighting in Niles is one of those hubs.

Johnson said he’s collected more than 100 signatures since May and has more plans in place to raise awareness.

“We’re throwing a party for MI Legalize on July 22,” he said. “We hope to collect a couple thousand signatures.”

Not everybody, however, shares Johnson’s excitement. The Chippewa Valley Coalition for Youth and Families, for one, is opposed to the measure and cites the negative effects marijuana has on youth.

Charlene McGunn, director of the group, points to data from recent studies she says shows marijuana use among youths increases in areas where the drug is legal.

McGunn said the ballot drive’s language designating tax revenue from marijuana sales to fund education is “laughable.”

“Legalizing a drug that’s going to undermine our youth is hardly the way to pay for our schools,” McGunn said.

Michigan District 78 state Rep. Dave Pagel of Berrien Springs said he would not support the ballot initiative.

“I don’t see the need for it,” Pagel said, “and I think there’s a lot of potential downside.”

Still, if the question does make the 2018 ballot, recent polls suggest the measure has a solid chance of passing.

A poll conducted in January and February of this year by the Educational, Political, Industrial, Consumer Market Research Analysis (EPIC-MRA) found that 57 percent of respondents would support a bill legalizing recreational marijuana.

Similarly, a poll conducted in May by Marketing Resource Group found 58 percent of respondents supported legalization.

Local towns deciding

Here in southwestern Michigan, Niles, Buchanan and Galien Township have recently opted into the medical marijuana laws, and Milton Township is considering making the jump, as well.

The first state licenses for medical marijuana will likely be issued in December.

In both the medical and proposed recreational marijuana systems, local governments that opt in stand to receive a portion of the tax revenue generated.

According to the Coalition to Regulate Marijuana like Alcohol, the new recreational industry would have a 10 percent excise tax imposed on it, on top of all other taxes.

In Colorado — one of the first states to legalize recreational marijuana — recreational sales reached nearly $900 million in 2016, bringing in almost $200 million in tax revenue for the state.

The Coalition hopes legalization in Michigan could produce similar results.

“This is going to be a very important industry for the state of Michigan,” Hovey said. “We’re estimating this will be hundreds of millions of dollars in tax revenue that’s generated for our schools, our roads and our local governments.”

According to the ballot initiative, 30 percent of the tax revenue will go to towns and municipalities that allow marijuana businesses within their jurisdictions. The other 70 percent will be divided equally between K-12 education and infrastructure repairs.

If the recreational question makes the ballot and is passed, Matthew Abel, an attorney for Cannabis Counsel specializing in marijuana laws, says the time gap between the medical and recreational laws going into effect will help the process run smoothly.

“Hopefully the kinks will be worked out,” Abel said.

Hemp included, too

For many advocates of recreational use, the most important component of the bill is decriminalizing marijuana.

“Nobody should go to jail for a plant,” Johnson said.

Abel agreed and said many in law enforcement know marijuana isn’t a real threat to communities, but use it as a “cash cow” to help their budgets.

This ballot initiative “frees up law enforcement for criminal activities, not moral issues,” Abel said. “Prohibition of cannabis is not a positive thing.”

Another provision in the ballot initiative is the legalization and regulation of industrial hemp production.

Johnson said opening the doors for industrialized hemp may have an even bigger mpact on Michigan’s economy since hemp can be used to manufacture stronger and more environmentally friendly plastics.

“The first state that truly embraces hemp production,” Johnson said, “is going to have an enormous GDP.”

While booming hemp and recreational marijuana industries in Michigan are far from realities, they could be on the horizon. The most pressing step for the coalition right now is gathering the required signatures.

“We’re already well ahead of schedule in terms of the number we’d thought we’d have at this point in time,” Hovey said. “And people keep on stepping up to help.”

 

[momofthegoons]

Can I get an amen!

 

[Baron23]

Can I get an amen!

Your wish is my command. hehe (I tried to get it to start at 24 seconds but its going to the beginning...try 24 second spot to start)

 

[momofthegoons]

Michigan Representative Pushes The Feds On Marijuana Stance

State Rep. Jeff Yaroch has introduced a resolution calling for clarity from the federal government on enforcement of laws involving marijuana.

“The direction we’re getting from Washington D.C. on marijuana is inconsistent, at best,” said Yaroch, of Richmond. “They are keeping it illegal but at the same time not enforcing it. Congress seems to be ignoring the fact that more than 50% of states have passed laws to regulate marijuana in conflict with federal law. ”

Yaroch’s resolution references the state’s 2008 ballot initiative allowing the medical use of marijuana. “My resolution is not about being for or against marijuana,” Yaroch said. “I support democracy, and the voters of Michigan passed the medical marijuana ballot proposal. However, it’s time for the federal government to make a decision: Can the states regulate marijuana or not?”

Yaroch also cites the clarity needed with issues beyond law enforcement, including issues with property zoning, banking and taxation. “Local governments have been placed in a no-win position because to follow State law means breaking Federal law.”

If the resolution passes, it would be sent to the Michigan Congressional delegation, the Drug Enforcement Administration, the U.S. Attorney General and U.S. House and Senate leadership.

House Concurrent Resolution 11 has been assigned to the House Law and Justice Committee for consideration.

 

[Baron23]

“My resolution is not about being for or against marijuana,” Yaroch said. “I support democracy, and the voters of Michigan passed the medical marijuana ballot proposal.

What a refreshing view from a politician these days, eh? Good for him...he understand the real core issue for our political class and its not MJ....it is indeed democracy and those ass-hats in MA and FL (and other places) need to take a lesson from this gent, IMO.

Michigan drive to legalize marijuana has 100,000 petition signatures so far

Organizers of a Michigan petition drive to legalize recreational use of marijuana say they're ahead of schedule to get the required number of signatures by the Nov. 22 deadline.

The Coalition to Regulate Marijuana Like Alcohol has collected more than 100,000 signatures in less than seven weeks of circulating petitions, CRMLA said in a press release.

The wording of the ballot proposal was approved by the Board of State Canvassers on May 18, and the group was given 180 days from May 26 to collect 252,523 valid signatures to place the question on Michigan's November 2018 ballot.

Ballot wording approved for marijuana legalization proposal

The goal is to place a proposal to legalize marijuana on Michigan's 2018 ballot

"If we can keep up this momentum, we will have all signatures in four months rather than the six months required by state law," CRMLA spokesman Josh Hovey said.

The majority of the petition collection campaign is being coordinated by CRMLA via paid signature collectors, said a CRMLA press release.

The group has collected 99,209 signatures from paid petition gatherers. CRMLA coalition member MILegalize, added 3,216 from its initial volunteer petition turn-in for a total of 102,425 signatures collected to-date.

If approved by Michigan voters in November 2018, the initiative would:

• Legalize personal possession, cultivation, and use of limited amounts of cannabis for adults 21 and older;
• Legalize the cultivation of industrial hemp;
• License marijuana businesses that cultivate, process, test, transport, and sell marijuana;
• Establish testing and safety regulations for retail marijuana; and
• Tax marijuana at retail levels with a 10 percent excise tax and 6 percent sales tax, which will support K-12 public schools, roads, and local governments.

An effort to get a marijuana legalization proposal on the November 2016 ballot fell short because of invalid signatures.

Eight states - as well as Washington D.C. - have legalized marijuana, according to the National Organization for the Reform of Marijuana Laws. The Michigan chapter of the group supports the legalization proposal.

The Coalition to Regulate Marijuana Like Alcohol is partnership between grassroots activists and key organizations, including: the Marijuana Policy Project, the ACLU of Michigan, the Drug Policy Alliance, the National Patients Rights Association, Michigan NORML, MI Legalize, the Michigan Cannabis Coalition, and lawyers from the State Bar of Michigan Marijuana Law Section.

Ok, all you motor state folks....get out and sign this petition. NOW!! LOL

 

[momofthegoons]

Prosecutor appealing Kent County ‘knock and talk’ pot butter case to U.S. Supreme Court

KENT COUNTY, Mich. -- The Kent County Prosecutor's team is appealing the Michigan Supreme Court's unanimous ruling that 'knock and talks' are time sensitive, stemming from the cases against two former Kent County deputies who were medical marijuana patients found with pot butter.

Friday in Kent County Circuit Court, the prosecutor's team announced they will file an appeal to the U.S. Supreme Court by Aug. 30. They hope to further clarify whether knock and talks are time sensitive.

Kent County Circuit Judge Dennis Leiber granted the prosecutor a stay on the cases to allow the chance for them to prepare their appeal and the one percent chance that SCOTUS will hear it. Judge Leiber said at one point, "the case has had a tortured history," and it has.

Six weeks ago the Michigan Supreme Court ruled if police come to a home without a warrant wanting to talk, conducting a so-called knock and talk, they must come to a home during normal waking and solicitation hours. The justices unanimously ruled in favor of former Kent County deputies Todd Van Doorne and Michael Frederick, but remanded the issue of whether their consent to search was legitimate or coerced back to the Kent County Circuit Court.

The cases began March 18, 2014 at 4 a.m. then 5:30 a.m. when seven Kent Area Narcotics Enforcement Team officers went to the homes of the Kent County Deputies, with more than 20 years in the department at the time, on suspicion of pot butter without a warrant. Van Doorne and Frederick consented to their superiors, then officers searched and seized marijuana from the card-carrying patients.

Originally four law enforcement officials with more than 20 years' experience at the Kent County Correctional Facility faced drug charges including: Sgt. Tim Bernhardt, Brian Tennant, Van Doorne and Frederick, along with two medical marijuana caregivers, Timothy and Alyssa Scherzer. After pleading guilty to drug charges, Sgt. Bernhardt took his life.

Friday, Kent County Prosecutor Chris Becker told FOX 17 the ruling to limit knock and talks to normal waking hours negatively impacts police work. Van Doorne's Defense Attorney Bruce Block disagrees and calls the framework common sense.

“It’s really kind of I think a misnomer to say well police won’t be able to do their jobs; they’ll be able to do their jobs, but they’ll just have to follow rules," said Block.

"And our country is founded on rules and that’s what keeps us a free country in my opinion. You have to follow rules: you don’t wake up sleeping families in the middle of the night like happened here.”

Each term, the U.S. Supreme Court receives between about 7,000 to 8,000 petitions for a writ of certiorari and hears about 80, or one percent.

"The U.S. Supreme Court has repeatedly said a knock and talk is not subject to the Fourth Amendment; the Michigan Supreme Court came to a different conclusion," said James Benison, Kent County senior assistant prosecutor.

"I think that there’s a discrepancy there that needs to be resolved.”

Block says he sees no discrepancy between court circuits.

"If you look at nationwide precedent, over and over and over and over every case out there, every circuit that I’ve been able to find has said the time of day matters," said Block.

"The time of day matters, it is time sensitive, the knock and talk is limited.”

As far as cost to taxpayers, Becker tells FOX 17 despite these cases running since March 2014, outside of filing costs this work has not cost taxpayers any large-scale expense.

FOX 17 also spoke with Michigan State Police officials about how this affect their police work since the June 1 Michigan Supreme Court Ruling. Friday MSP Public Affairs Manager Shanon Banner said they are "in the process of finalizing a Legal Update that will provide guidance to law enforcement about this ruling. I expect it to be available next week."

There's a video of a news report on this as well in the link.

This is the craziest case. First off, two arrested were 20 year veteran deputies. Wtf? Department isn't happy that a couple of their guys are legal medical users? Seems like such a set up.

 

[momofthegoons]

Five Gaylord marijuana dispensaries raided, seven arrested

OTSEGO COUNTY, Mich. (WPBN/WGTU) -- Seven people were arrested following a two month investigation into five marijuana dispensaries in Gaylord.

The search warrants were executed Monday night.


According to Straits Area Narcotics Enforcement Team (SANE), officers sized more than 20 pounds of processed marijuana, 22 marijuana plants, countless marijuana edibles (candy, ice cream, bars, drinks, etc...), marijuana wax, marijuana shatter and other items containing marijuana. Officers also found LSD, Adderall, Vyvanse and Tramadol.

Officers additionally seized about $20,000 in cash, six vehicles, a motorcycle and other evidence.

Investigators say the five dispensaries involved include, Cloud 45, Patients First, Tincture Town, Michigan Medical, and All Well Natural Health.

Seven suspects were arrested at the dispensaries and warrants will be sought on others involved. The suspects were taken to the Otsego County Jail.

The Otsego County Prosecutor authorized the charge, delivery of marijuana, for all seven suspects.

He says more charges could be on the way.

According to investigators, those arrested violated the law by selling marijuana to more than the allotted five registered patients per caregiver.

"We'd rather not be dealing with these dispensaries quite honestly," said D/Lt. Kenneth Mills. "We'd rather by spending more time with the folks that are involved in meth labs and selling heroin and the opioids and that kind of thing. But it's not something you turn a blind eye to and we're not going to put up with it anymore."

But some who work in the industry feel the five patient rule isn't right.

"I do feel caregivers should be allowed more than five patients," said John Boughner, a licensed caregiver in the area. "If that's the case like I said, regulate Walmart, regulate Rite Aid, there is no regulation."

"We are honest people," said Denise Boughner, who works at Smokin Buds. "We are trying to make an honest living to help people who are sick and for them to do this to us it's not fair."


There is a video from Upnorthlive news that can be seen if you go to the link in the title.

This is such bullshit. The Gaylord dispensaries have been targeted for the last couple years. To say a dispensary can only have 5 patients is a gross misunderstanding of Michigan law.

 

[Baron23]

Plan to legalize marijuana in Michigan pushes ahead

Lansing — A ballot proposal to legalize marijuana for recreational use in Michigan is gaining steam as the group raises more money and boasts it has gathered half of the signatures needed to put the issue before voters in 2018.

A national marijuana advocacy group that helped legalize marijuana in other states is leading the charge for a Michigan plan to let people smoke without fear of legal repercussion. So far, the “coalition to regulate marijuana like alcohol” has raised more than $818,000 in combined direct and indirect contributions, according to the latest campaign filing with the Secretary of State.

The ballot committee, led by the Marijuana Policy Project, reported $518,288 in direct contributions and more than $300,000 in-kind contributions — goods and services bought for the initiative rather than directly donated.

“We continue to be ahead of schedule on our signature efforts; our fundraising is going strong and keeping up with the pace needed to maintain our paid signature collection,” said Josh Hovey, a spokesman for the committee and a senior vice president of public relations firm Truscott Rossman.

“We’re roughly halfway there,” Hovey said.

The petition drive is opposed by a group called Keep Pot out of Neighborhoods and Schools. Attorney Gary Gordon, representing the opposition group, has argued the proposal would not actually regulate marijuana like alcohol.

Dr. Michael Mullins, a panelist on an opioid epidemic forum in Lansing last month, said marijuana can be a gateway drug to heroin.

Republican gubernatorial candidate Jim Hines has criticized the use of marijuana.

“I find the easy access to marijuana in our society alarming,” Hines said in a statement this week. “As a medical doctor specializing in obstetrics, I’ve treated women who have decided to use marijuana to treat the nausea and vomiting associated with pregnancy. This concerns me greatly because little is known about the effects of marijuana on the development of the baby.”

The group is paying for a massive network of signature gathers across the state and others to check the signatures and verify their legitimacy.

“We’re really encouraged by the outpouring of support that we’ve received,” Hovey said. “The campaign continues to get emails and phone calls every day from people around the state who realize that marijuana prohibition has failed.”

Jeff Irwin, the committee’s political director and a former Ann Arbor state representative, said the goal is to redirect money that Michigan spends on the criminal justice system related to marijuana and use extra tax revenues the state would earn to boost funding for schools and fixing state roads.

He said he also sees it as a way to fight back against a disproportionate number of young black men going to prison.

“Prohibition has been a massive, costly failure,” Irwin said.

Irwin said a preliminary economic analysis for the campaign committee by the Marijuana Policy Group argues that the state’s marijuana market could be a booming $2 billion a year based on data from Washington and Colorado, which both legalized marijuana for recreational use.

That could mean more than $200 million in extra state revenue for Michigan lawmakers to use mostly for schools and roads, Irwin said. The group is planning a more detailed economic analysis later.

The plan would offer an avenue for marijuana growers, processors, testing facilities, transporters and retail stores to be licensed to sell marijuana for recreational use. It would also allow small boutique businesses similar to microbreweries that could grow up to 150 plants and process, package and sell in-house.

Irwin said the plan offers “complete control” to local governments to allow or stop marijuana shops from doing business.

 

[Baron23]

New marijuana legalization petition gets green light from Board of Canvassers
Paul Egan, Detroit Free Press Published 10:58 a.m. ET Aug. 17, 2017 | Updated 4:54 p.m. ET Aug. 17, 2017

LANSING — The Board of State Canvassers gave approval Thursday to a new proposed ballot effort to amend the state constitution to fully legalize recreational use of marijuana without taxing the drug.

The proposal from Abrogate Prohibition Michigan of Midland would nullify all laws prohibiting or regulating the use of marijuana and impose no fines, taxes or penalties on its use.

"I call it the Second Amendment of cannabis," sponsor Timothy Locke told the Free Press, comparing it to the U.S. constitutional provision granting the right to bear arms.

The Legislature would still have the power to tax and regulate cannabis, but no such measures would be required as part of his constitutional amendment, he said.

The board voted 4-0 to approve only the form — but not the substance — of the petition, and not before one of the four board members questioned the organizers' intent.

Colleen Pero, a Republican appointee to the board, questioned a provision that would make the change retroactive.

More: Michigan's marijuana legalization drive hits signature milestone

More: Three charged in bribe plot tied to pot dispensary in Garden City

"I don't understand what they're trying to do," Pero said. "I don't see how something can be retroactive of this magnitude."

Locke was not able to attend Thursday's meeting and nobody else from the committee was there to address Pero's question.

Locke told the Free Press the measure would be retroactive to about 1970, when he said cannabis was first criminalized at the state level. Anyone imprisoned only for state marijuana crimes would be subject to release and criminal records would be expunged, he said. The proposed amendment would have no effect on federal drug crimes, Locke said.

An earlier marijuana legalization proposal, the Coalition to Regulate Marijuana Like Alcohol, has already gathered more than 100,000 of the 252,523 signatures it needs to put the question on the November 2018 ballot, spokesman Josh Hovey told the Free Press in July.

That earlier proposal would initiate state legislation, but not change the state constitution. The new proposal, OK’d on Thursday, would require 315,654 signatures, as a constitutional amendment.

Hovey said Locke's proposal sounds irresponsible.

"We just can't imagine Michigan voters supporting this proposal," Hovey said in an e-mail. "The public expects responsible marijuana regulation that includes licensing, quality control and assurances that minors will not be able to access it."

Locke, a semi-retired laborer who has used marijuana to control back pain since 1980, said his plan would help Michigan's economy by generating business since cannabis can be used to make 50,000 different products.

He said his effort will be a grassroots one without paid signature collectors and he hopes to start collecting signatures in about one week.

Also, Thursday, the board approved a constitutional amendment petition organizers say is aimed at ending political gerrymandering in Michigan, and a legislative proposal, from a group called MI Time, which would require employers to provide paid sick leave to employees under certain conditions.

 

[momofthegoons]

Where things stand now, and the changes coming for marijuana in Michigan

Medical marijuana has been legal in Michigan since 2008, and a few cities like Ann Arbor and Grand Rapids have decriminalized recreational use (though, you can still get civil infraction – a fine).

And a marijuana facilities licensing law signed by Governor Rick Snyder is set to go into effect this December. Rick Thompson serves on the boards of MI Legalize and Michigan NORML. He says the roll-out of the medical marijuana Facilities Licensing Act will basically “reinvent” the medical marijuana pipeline in Michigan.

“There’s been a robust industry already existing in the state since 2009, when the first program rolled out,” Thompson said.

Thompson says in December, a state board will begin licensing applicants for new distribution and testing centers, and other aspects of the medical marijuana industry, like transportation.

According to Thompson, there’s concern that existing medical marijuana business operators will be left out of the new program because of statements from licensing board members concerned that existing business operators won’t follow state guidelines.

As far as the petition drive to legalize recreational marijuana in Michigan, the Board of State Canvassers approved the form of the petition to legalize marijuana for recreational use on Thursday.

“We believe that the public sentiment is in our favor,” Thompson said. “All the polling data indicates that the citizenry of Michigan is ready for legalized Marijuana. They’re ready for the revenue stream. They’re ready to redirect their police forces towards more violent crime and towards more appropriate places.”

Thompson also said he thinks any further efforts by U.S. Attorney General Jeff Sessions to crack down on legalized marijuana use at the state level won’t be successful.

There is a 'Listen' link with Rick Thompson at the beginning of the article that I couldn't load if you are interested in hearing the entire conversation.

 

[momofthegoons]

Communities across Michigan deciding on opting in or out of medical marijuana business

To weed or not to weed? That is the question for Michigan’s communities.

As the state board that will regulate Michigan’s new medical marijuana law begins to craft the rules that will govern the multimillion dollar industry, the state’s cities, townships and villages must decide whether they want in or out.

As they are making their decisions, local officials are being bombarded with phone calls from people who want to gain a foothold in the medical marijuana business and are promising untold riches for the communities that let them in.

“Our development department gets calls every day,” said Ferndale Mayor Dave Coulter. “Because we’re Ferndale and a very progressive community, people assume we’ll participate in some way.”

And Ferndale probably will allow medical marijuana businesses into the Oakland County city, Coulter said. But the city council is being careful and deliberative on how many, what type and where medical marijuana businesses can locate within the city’s borders.

“We’re essentially starting from scratch and asking ourselves which of the five licenses that we want to participate in and to what extent,” Coulter said.

Under Michigan’s original medical marijuana law that was approved by voters in 2008, caregivers could grow up to 12 plants for each of six medical marijuana cardholders. Right now, there are 240,000 people who have gotten medical marijuana cards that allow them to use weed legally to treat a variety of ailments. They are served by 40,000 state-approved caregivers.

The law passed by the Legislature last year regulates and taxes the industry and creates five categories of licenses — those for growers who can produce up to 1,500 plants; processors; transporters; testing facilities, and dispensaries. The dispensaries will be taxed 3% on their gross receipts, and that money will go back to the state and local communities.The communities — 276 cities, 257 villages and 1,240 townships — have time to make their decisions on whether to opt in or out of the medical marijuana business. Applications for the five categories of licenses won’t be available until Dec. 15, and the Michigan Medical Marijuana Licensing Board won’t begin issuing licenses until early next year after conducting extensive background checks on the business owners.

But a medical marijuana business can’t even begin the process to get a license from the state until it has gotten approval from the community where it want to locate.

Some communities have already jumped on the medical pot bandwagon, passing ordinances that will bring a variety of new business to their towns. According to an unofficial list developed by the Cannabis Legal Group, a Royal Oak law firm that represents medical marijuana clients, so far, six municipalities have passed ordinances, 25 more are likely to pass ordinances in the near future and 14 communities have decided to stay out of the business.

“It became really obvious me that this is what people want,” said Barton Morris, the principal attorney at the Cannabis Legal Group. “The number one question I get is, give me a list of the cities who want in.”

In Bay County’s Bangor Township, local leaders passed an ordinance in July that would allow up to 50 growing facilities, 10 processors, six dispensaries, five testing facilities and five transporters. Like most communities, the facilities can’t be within 1,000 feet of schools, churches, or parks and can only operate from 8 a.m. to 8 p.m.

Township Supervisor Glenn Rowley said while he’s happy about the added tax base that will come to town, he’s more enthusiastic about job opportunities for township residents and having long vacant buildings put back into productive use.

One company that wants to start a marijuana growing operation has purchased a former Dow Chemical commercial pipe building that has only been used for storage for the last 20 years.

“Ford and General Motors are not looking to put a plant in Bangor Township, so this is something that fits. I now know that there is a good use for a lot of old buildings that would otherwise be rubble in a few years,” Rowley said. “We need to embrace this. It’s not a Cheech and Chong movie. It’s not hippies selling pot out of the back of the van.”

Other communities are more conservative. In Marshall, the city restricted the areas where facilities can be placed to two industrial zoned areas, leaving room for only four or five businesses in the town. One company — Michigan Great Lakes Farms — has already purchased 25 acres in one of the industrial zones, gotten a site plan approved by the city and plans to apply for a state license to grow up to 1,500 marijuana plants, said city manager Tom Tarkewicz.

While Marshall’s ordinance also allows for permits for testing, processors and transporters, there will be no retail shops where medical marijuana can be sold.

“We got a clear understanding from people at our public forum,” said Mayor Jack Reed. “They were concerned about the sales in our community and didn’t want it.”

Other communities don’t want medical marijuana businesses in their community at all. The City of Monroe opted out, for now, because the state hasn’t come up with the rules and regulations yet that will govern the industry.

“There are a lot of people trying to position themselves to operate, and we didn’t know what the regulations are going to be. The best thing for us was to take a break,” said Vince Pastue, Monroe city manager. “We’ll do a reassessment in 2018.”

But in Grass Lake Township, elected officials just said no to pot.

“It’s a gateway drug to heroin. The marijuana today is much more potent than several years ago and much more addictive,” said Township Supervisor Jim Stormont. “People have been calling in, wanting to buy land and saying, 'If you legalize marijuana, your state, township and schools can benefit financially.' But Grass Lake is financially secure. We don’t need the money, and the side effects outweigh any benefits.”

Some cities — such as Detroit and Ann Arbor — have already allowed dispensaries to operate, but don’t yet have ordinances passed by their city councils.

Detroit has approved permits for seven dispensaries that currently are operating under the existing medical marijuana law. Another 70 dispensaries are in the approval process and are operating, and 174 shops have been closed by the city. An ordinance to deal with the other categories of state licenses has been drafted, said assistant corporation counsel Kim James, but it will be up to the city council to approve the ordinance and determine how many licenses will be issued in each category when the council returns from its summer break next month.

The businesses that are already operating will have a leg up when it comes to getting a state license because they’ve already gone through the permit approval process in the city.

“We’re assuming that most of them are going to want to switch to provisioning centers under the new law,” James said.

The City of Troy has approved permits for 59 growers under the existing law, but has put a moratorium on any new grow permits, said assistant city attorney Allan Motzny.

“The city council has not made a determination yet if they’re going to opt in or out,” he said.

Current businesses, however, operate and buy land at their own risk. While communities must make the initial decision on whether and who to allow in, it will be up to the state to grant the license.

“The Medical Marihuana Licensing Board will approve a facility’s license application on a case-by-case basis,” said Jason Moon, spokesman for the Department of Licensing and Regulatory Affairs, the agency working with the licensing board.

Also In the back of most communities' minds is what will happen if a proposal to fully legalize marijuana for recreational use gets on the 2018 ballot and is passed by voters. The proposal also allows municipalities to opt in or out of the marijuana business and imposes a 16% tax on the product that will be returned to roads, schools and local communities.

"Local communities are grappling with having to implement something without crystal clear directions from the state," Ferndale's Coulter said. "And we don’t want to do something that would be totally upended by a further expansion of the state law. We’re trying to predict the unknown.”

The Michigan Medical Marijuana Licensing Board is scheduled to meet at 1:30 p.m. today at Kellogg Center in East Lansing.

 

[Baron23]

So, @momofthegoons , we should introduce your idiot, Bailey, to our idiot in Maryland, Cheryl Glenn. Hopefully, they get along and spend a lot of time in the same space/time spot where and fortuitous natural catastrophe can take them both out of the gene pool....for the betterment of humanity. LOL Who put this fuck wad on the MMJ board??

"Some people who want to be considered for a license when the state begins accepting applications don’t want to be shut out of the market by people who have been operating dispensaries without a license from the state."

So, when do we find out that Bailey is a principal in an outfit applying for a license? sigh

Medical marijuana board member wants to shut down existing dispensaries
EAST LANSING — A proposal to close all medical marijuana dispensaries operating in Michigan until the state starts officially licensing them drew outrage today from people who depend on the drug to treat a variety of ailments.

Donald Bailey, a retired Michigan State Police trooper and member of the Michigan Medical Marijuana Licensing Board, said the dispensaries should be shut down by Sept. 5 and any outlets that remain open should not be eligible to apply for licenses when the state makes those applications available on Dec. 15.

“Every dispensary out there is open in violation of the Michigan Medical Marijuana Act,” Bailey said during an afternoon meeting of the board. “It’s a felony for every sale that occurs from a dispensary.”

After hearing from dozens of medical marijuana patients and potential future marijuana business owners, the board decided to table Bailey’s proposal.

“I have a degenerative bone disorder and discovering medical marijuana was a game changer for me,” said Mark Gibson of Detroit. “Before you make a rash decision, the financial cost for people who rely on dispensaries for product will be significant. You will complicate their life so much that they may not be able to get treatment.”

Kirk Reed, who uses medical marijuana to treat multiple sclerosis, said he fears having to go back to the black market to get his supply.

“What happens if your caregiver has a heart attack, where do you go for medicine?” he said.

And Tim Beck, who was instrumental in getting the medical marijuana constitutional amendment on the 2008 ballot, said he was dumbfounded when he heard the proposal.

“This comes across to me as petty, vindictive and authoritarian,” he said.

But not all of the couple of hundred people attending the meeting were on the side of existing businesses. Some people who want to be considered for a license when the state begins accepting applications don’t want to be shut out of the market by people who have been operating dispensaries without a license from the state.

And David Scott, supervisor of Commerce Township, said there are 67 grow operations in his township, many of which are growing more plants than are allowed by existing law.

“Knock off the crap that’s illegal and is nothing but organized crime,” he said.

Voters approved medical marijuana in 2008, allowing caregivers to grow up to 12 plants for each of six patients who have approved medical marijuana cards.

Some communities went after dispensaries, shut them down and criminally charged the owners. Other communities, such as Detroit, Lansing, Flint, Ypsilanti and Ann Arbor, allowed the pot shops to operate without police intervention. In Detroit, there are more than 70 shops that are operating that have either gone through or are completing the city’s approval process.

To address the confusion and uncertainty in the medical marijuana law, the Legislature passed laws last year to regulate and tax the medical marijuana business. The new legislation will allow five classes of medical marijuana licenses — those for growers, processers, testing facilities, dispensaries and transporters. The legislation also calls for three classes of medical marijuana growers — those who can grow up to 500 plants, 501-1,000 plants and 1,001 to 1,500 plants.

The medical marijuana licensing board, working with the state Licensing and Regulatory Affairs department, will begin issuing licenses next year.

LARA spokesman Jason Moon said the department is prepared to review Bailey’s proposal before the board’s next meeting in mid-September. Board chairman Rick Johnson said he expects the board to vote on the dispensary closure issue at the next meeting after getting a recommendation from LARA..

Before the state begins issuing licenses, cities, townships and villages have to decide whether they want medical marijuana businesses in their communities. That's a process that's going on now and some cities are deciding to ban the businesses from their towns.