Law Michigan MMJ

[momofthegoons]

If you follow the link, the article has a listing of the cities that have either considered cannabis ordinances, or have adopted ordinances. It's an ongoing list that will be updated weekly.

Michigan Marijuana Cities

 

[momofthegoons]

Michigan State Police to expand roadside drug testing pilot

Last November the Michigan State Police wrapped up a yearlong pilot program in five Michigan counties to test the accuracy of a roadside drug test.

In December lawmakers agreed to fund an expansion of the program based on its success.

A fatal crash in the Upper Peninsula city of Gladstone in 2013 was the catalyst behind the drug testing pilot. A semi-truck driver was convicted on six-felony charges in connection with the crash, including two counts of operating a motor vehicle with the presence of a controlled substance causing death.


According to MSP the number of drug-impaired fatal crashes has increased over the ten year period between 2007 and 2017 by 151%, up from 98 to 246.

When his parents were killed in 2016, the couple’s son contacted his legislator who got the ball rolling on legislation to curb drugged driving.

Senator Thomas Casperson introduced a pair of bills to combat the problem and come up with a solution to roadside testing. Public Act 242 and 243 of 2016 became known as the Barbara J. and Thomas J. Swift Law, and police started looking at test instruments.

Members of MSP, prosecuting attorneys, toxicologists and forensic experts got together, forming the Oral Fluid Roadside Analysis Pilot Program Committee.

Their report was recently released along with the recommendation to expand the pilot state-wide for at least a year.

The oral fluid roadside test is the Alere DDS2, which detects six different drugs, including a component of cannabis known as Delta 9 THC. It also tests for the presence of amphetamine, cocaine, methamphetamine, opiates and benzodiazepines.

Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate.


In all 92 people were tested and 89 were arrested. According to the report 83 people tested positive for substances; and over 80% of those who tested positive for cannabis.

As a result of the five-county pilot, MSP plans to continue working on the accuracy of the equipment, which it hopes will support permanent changes to the Motor Vehicle Code.

MSP is also training more officers across the state as Drug Recognition Experts (DRE) who can spot impaired drivers and test them at the roadside.

A date to start the yearlong pilot program has not been set, but is expected to be sometime within 2019.

 

[Baron23]

"Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate."

Well, yes....accurate at determining if you have Delta-9 in your system. It does NOT, for reasons we have discussed frequently, test for impairment and in fact the THC may be in your system from MJ use weeks prior to t he test.

 

[momofthegoons]

"Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate."

Well, yes....accurate at determining if you have Delta-9 in your system. It does NOT, for reasons we have discussed frequently, test for impairment and in fact the THC may be in your system from MJ use weeks prior to t he test.

And THAT is why all of the cannabis attorneys in Michigan are recommending keeping medical status. There's an excuse for it to be in your system.

 

[Baron23]

Voters getting a say about marijuana sales

SIDNEY TOWNSHIP, Mich. (WOOD) – Voters in Michigan decriminalized recreational marijuana in November, but in the months that have followed, dozens of municipalities have opted out of a major part of the voter-approved proposition which allowed for the manufacture and sales of weed.

Local leaders can’t do anything about the fact that people can possess and grow marijuana for personal use, but they are stopping the sale and manufacturing.

The law that gave municipalities the right to do that gave voters the power to override the decision. Now that is starting to happen.

>>Full coverage: Marijuana in Michigan

David Overholt has been at the forefront of Michigan’s marijuana revolution for more than a decade after he was prosecuted for having a medical marijuana dispensary in Kent County. Even after medical marijuana was legalized.

But he continued to advocate for what he believes are the benefits of the leafy green and now he has seen the tide turn.

“If you would’ve just given the people on the western side of Michigan safe access to medical marijuana like I tried to do many years ago, you probably wouldn’t see recreational in Michigan right now,” Overholt told 24 Hour News 8.

When Proposal 1 passed in Michigan, it included language that would allow for businesses that sell and grow marijuana, but it gave municipalities the ability to opt out. That has happened in dozens of areas even where the proposal was approved by majorities of 60 percent.

But the proposal allows citizens to put the issue on the ballot to overturn a municipality’s decision to opt in or out, according to attorney Robert Hendricks, who was one of the architects of the proposal.

“It is designed to allow a fundamental democratic process at that very local level of the municipality that’s deciding to opt in or opt out,” Hendricks said.

To put it on the ballot, a citizen must gather signatures of registered voters in the municipality equaling 5 percent of the votes cast in the last gubernatorial election.

That’s just what Overholt is doing in Sidney Township, a rural community of about 2,000 people in Montcalm County.

“I hope that this what this will do is enlighten enough people to see that just because somebody that’s been in power for 25 years says no, it doesn’t mean no,” Overholt said.

Proposal 1 actually failed in Sidney Township by 40 votes out of about 1,100 cast. But Overholt believes the farming aspect will appeal to the agricultural community.

Overholt says his ballot proposal, for which he has to gather 188 signatures, is not looking for marijuana stores in Sidney Township.

“I’m only asking for farming. I live in a farm community and we need the revenue, we need public safety – number one thing,” Overholt said.

The proposal would allow grow operations of between 150 and 1,500 plants.

Overholt says he is hoping to lead a movement.

“My hope is to show other communities and to educate them on how to do this for free,” he said.

Regardless of whether Overholt is successful, experts believe these type or referendums will show up around the state.

“Now they feel like their local governments are not following through on the democratic wishes of the majority, I think you’re going to see this kind of action in not a few places in Michigan,” Hendricks said.

 

[momofthegoons]

So.... who's doing the voting on these issues? Apparently our 'officials' and not the people who elected them. Sound familiar?

Nearly 300 Michigan towns just say no to marijuana businesses

Less than three months after Michigan voters approved legalizing marijuana for adult recreational use, many of the state's cities, townships and villages are not high on pot.

As part of the Nov. 6 ballot proposal, communities have to take a vote to ban recreational marijuana businesses in their borders, and nearly 300 communities across Michigan have voted to prohibit those businesses, according to an unofficial list compiled by the state's Licensing and Regulatory Affairs Department, which is charged with creating the rules and regulations covering the legal weed market.

That's nearly three times as many communities — 114 as of this week — that have drafted ordinances to allow medical marijuana businesses. Most of those communities are most likely to also allow recreational marijuana businesses once the state starts licensing those facilities early next year.

Scott Greenlee, executive director of the Lansing-based Healthy and Productive Michigan organization, which spearheaded the campaign against marijuana legalization, said the number of communities opting out of pot shops is not surprising, especially since 75 percent of communities in Colorado, the first state to legalize marijuana, have decided to ban the businesses.

"Marijuana may have become law in Michigan in November but it does not mean that we have to accept the mayhem with it," he said.

The list of 280 communities from LARA is derived from information voluntarily sent to the state by communities after officials have voted on the issue, but the department acknowledges that some communities have not yet reported the action that they've taken.

But the list includes 11 communities in Macomb County, 10 in Oakland and 17 in Wayne.

Michigan voters approved the recreational marijuana ballot proposal 56-44 percent. It will allow state residents who are at least 21 to use, possess, grow up to 12 plants and buy marijuana for recreational use. The vote came 10 years after the state voted to legalize marijuana for medical use in 2008.

 

[Shredder]

So.... who's doing the voting on these issues? Apparently our 'officials' and not the people who elected them. Sound familiar?

Nearly 300 Michigan towns just say no to marijuana businesses

Less than three months after Michigan voters approved legalizing marijuana for adult recreational use, many of the state's cities, townships and villages are not high on pot.

As part of the Nov. 6 ballot proposal, communities have to take a vote to ban recreational marijuana businesses in their borders, and nearly 300 communities across Michigan have voted to prohibit those businesses, according to an unofficial list compiled by the state's Licensing and Regulatory Affairs Department, which is charged with creating the rules and regulations covering the legal weed market.

That's nearly three times as many communities — 114 as of this week — that have drafted ordinances to allow medical marijuana businesses. Most of those communities are most likely to also allow recreational marijuana businesses once the state starts licensing those facilities early next year.

Scott Greenlee, executive director of the Lansing-based Healthy and Productive Michigan organization, which spearheaded the campaign against marijuana legalization, said the number of communities opting out of pot shops is not surprising, especially since 75 percent of communities in Colorado, the first state to legalize marijuana, have decided to ban the businesses.

"Marijuana may have become law in Michigan in November but it does not mean that we have to accept the mayhem with it," he said.

The list of 280 communities from LARA is derived from information voluntarily sent to the state by communities after officials have voted on the issue, but the department acknowledges that some communities have not yet reported the action that they've taken.

But the list includes 11 communities in Macomb County, 10 in Oakland and 17 in Wayne.

Michigan voters approved the recreational marijuana ballot proposal 56-44 percent. It will allow state residents who are at least 21 to use, possess, grow up to 12 plants and buy marijuana for recreational use. The vote came 10 years after the state voted to legalize marijuana for medical use in 2008.

By me, most even those that opted out, are saying their taking a wait and see attitude. I think eventually money will win out, is that what their waiting on? And in time every Podunk town will have a dispensary. Like a bar, and gas station, and McDonald's.

 

[momofthegoons]

I've thought for a long time (and many feel the same way) that they are trying to eliminate the caregiver system. And I feel that this is a step in that direction. Now.. don't get me wrong; I'm all for testing of product sold through dispensaries. And I'm fortunate to have a caregiver that also tests his cannabis. But I don't feel it's mandatory for caregivers if you are familiar with their growing process and they don't sell their overages to dispensaries. That is about trust. The problem lies in overages. And what to do with the product. And how to 'regulate' the caregivers. I don't see a viable answer for this. What's next? Telling each patient that they need to test any weed they've grown themselves as well? It's not going to happen. I think the ultimate goal is a government grab.

Lobbyists: Caregiver marijuana unfit for retail
New ‘trade association’ pushes for more regulations

MONDAY, Feb. 25 — A newly formed trade association is urging state officials to tighten up medical marijuana regulations after another batch of tainted, medical bud was recalled from a dispensary in Ypsilanti.

The Great Lakes Cannabis Chamber of Commerce — formed late last year by a group of Lansing lobbyists — said recent statewide efforts to unkink the medical marijuana supply chain has led to “untrained or unlicensed growers manipulating the medicine with harmful and dangerous additives,” according to a recent press release.

“People need access to medicine, and that medicine should not be tainted,” said spokesman Matt Miner. “The supply needs to be there. We’d just like the make sure the it’s not harmful for patients, and what caregivers are providing doesn’t compare to licensed facilities out there.”

This year, Michigan’s Department of Licensing and Regulatory Affairs issued six voluntary recalls for several particular strains of medical marijuana that failed state-mandated testing procedures. Traces of chemical and bacterial residue, high moisture content and other similar violations have been reported throughout the state.

Homegrown was the only licensed dispensary in Lansing to be targeted for a recall. More than 100 customers bought a range of contaminated bud there late last year; they’ve since been made eligible for a full refund. Other dispensaries in Kalamazoo, Vassar, Ypsilanti and Detroit have since issued similar recalls.

Although no patients have reported any negative side effects to state officials, the most recent recall effort seems to have sparked some more vocal concerns within the industry. Strains of Green Crack and Sugar Black Rose sold at The Patient Station in Ypsilanti tested positive for arsenic and cadmium residues in February.

Arsenic poisoning — particularly from its inorganic form — can be deadly. Cadmium exposure can also lead to a variety of adverse health effects, including cancer, according to a factsheet from the U.S. Department of Labor. Again, officials at LARA emphasized that no patients have reported any symptoms from the recalled products.

“One of the major goals of the Michigan Medical Marijuana Facility Licensing Act was patient safety,” Mike Callton, the former state representative who co-authored the legislation. “The state cannot continue to allow arsenic and other harmful substances to taint medicine being sold in Michigan.”

Miner is only moonlighting as the Cannabis Chamber’s spokesman. He’s also the CEO at the multi-client lobbying firm Capitol Strategies Group. He also served as chief of staff for then-Senate Majority Leader Mike Bishop. Bishop, for added context, opposed last year’s ballot initiative to legalize recreational marijuana.

“The problem, for us, is there are a lot of problems with the caregiver supply out there,” Miner said. “In an effort to avoid having these products tainted, we’re looking at what steps can be taken to completely get that out of the picture. Caregivers should continue those relationships with patients, just not in a regulated, dispensary setting.”

Prior restrictions effectively banned licensed shops from stocking their shelves with caregiver-grown marijuana. With the limited number of licensed growers statewide, a statewide supply shortage forced many dispensaries to close. Those rules were overturned earlier this year amid an attempt to bolster patient access across the state.

Cardholders, instead, now only need to sign a waiver acknowledging that their medical bud hasn’t necessarily been tested in full compliance with the law. On April 1, however, those restrictions are scheduled to go back into effect and would again require licensed dispensaries to stock their inventories with fully tested products.

By then, state officials hope the market will have adequately expanded to meet the statewide demand. But LARA has repeatedly folded to industry pressures and extended deadlines on medical marijuana operations. Miner and his colleagues are concerned that untested marijuana might still find its way onto the market.

“We hope they adhere to that deadline, but if there is an issue at the end of March, and there needs to be some type of continuation there, we’d like to be a part of that conversation,” Miner added. “At some point, there has to be a cutoff date. We’re just trying to figure out the best path forward under the structure that’s in place.”

The Cannabis Chamber of Commerce was registered as a nonprofit by Miner, Nathaniel Love and Rob Elhenicky. Love was hired by the lobbying firm of Kelley Hawthorne in 2013. Elhenicky also works there as a lobbyist. He previously helped represent the Michigan Wine Producers Association.

And for a group that claims to represent the marijuana industry’s best interests, other long-standing pot advocates have raised an eyebrow at their call to beef up market regulations. Rick Thompson, a board member at the local chapter of the National Organization for the Reform of Marijuana Laws, has doubts.

“This is not some type of citizen group raising these concerns,” Thompson added. “They’re not health professionals. It’s not people with experience in the industry. This is a group of paid spokespeople raising a concern for their own interests, and I feel they have a clear conflict in terms of the arguments being raised.”

Still, the newly-formed organization is urging Gov. Gretchen Whitmer and LARA to “take these recalls seriously” and enforce additional restrictions on caregiver-supplied marijuana products. A spokesman for LARA said regulators will take the concerns under advisement but declined to offer additional comment.

Thompson, for his part, contends its unrealistic for licensed caregivers to adhere to standards for licensed processors and growers. He likened industrially produced strains to Kobe beef. Caregiver-grown marijuana might not be the best cut of the metaphorical cow, but it’s still “perfectly healthy” to consume, he maintained.

“Secondly, there have been no reported illnesses here,” Thompson said. “We’re talking about 300,000 patients in a 10-year-old program with absolutely no problems. Obviously health and safety is important in medicine, but this arsenic is not something that would normally be found in cultivation. That was also only one instance.”

Miner insisted the Great Lakes Cannabis Chamber of Commerce was formed by an unnamed group of licensed medical marijuana entrepreneurs. It has yet to name a formal director.

“Like most trade associations, we’re forming as the market evolves,” Miner added. “It was a group of multi-client lobbyists who thought, we really don’t need another lobbyist. We need to form a trade organization, and that’s kind of how it came about. There was also a number of licensed people that started to come together on this.”

 

[Shredder]

We knew it was coming, didn't we? Here we go. Lobbyist and their money against unorganized home based growers. Who do you think will win out? Limiting choices doesn't help anyone but the monopoly wanna bees.

Funny the statement that caregiver grown might not be the best cut, lol. I say it also may be head and shoulders above the commercial cut.

 

[momofthegoons]

Gretchen Whitmer signs executive order to abolish Michigan marijuana licensing board

Gov. Gretchen Whitmer signed an executive order Friday abolishing the board that approves or denies applications for licenses for medical marijuana businesses.

The action comes as the volunteer board has struggled to consider license applications in a timely manner, effectively stalling a fully viable medical marijuana market at a time when the much bigger recreational weed business is just around the corner.

A new entity within the state Department of Licensing and Regulatory Affairs — the Marijuana Regulatory Agency — will take over licensing, handling licenses for both the medical and the recreational markets. Under the executive order, the board will be abolished effective April 30.

While the state Legislature can veto the order, Whitmer reached out to the leadership in both the House and the Senate before issuing it.

Since beginning to consider applications for growers, processors, transporters, testing facilities and dispensaries in July, the board has approved 121 licenses. Of those, 105 — 31 growers, 11 processors, 54 dispensaries, four testing labs and five transporters — have paid their state regulatory assessments and actually been awarded licenses, and are operating.

"This executive order will eliminate inefficiencies that have made it difficult to meet the needs of Michigan’s medical marijuana patients,” Whitmer said.

Shelly Edgerton, the former director of LARA, applauded Whitmer's action.

More: Nearly 300 Michigan towns just say no to marijuana businesses

"The volunteer board took on a monumental lift to get this program going, but in the short time frame the program has been running, we have not seen the expected volume of licensees entering the market,” she said. “With this executive order, the licensing process will be more efficient and allow more applicants into the space."

With the number of licensed growers fairly limited and the crop taking up to six months to be fully grown, licensed dispensaries have been worried about an impending shortage of medical marijuana for patients. As a result, the state has allowed unlicensed dispensaries to continue to operate with a deadline that has been repeatedly extended since mid-2018 and now stands at March 31 to get a license or shut down. There are about 60 unlicensed dispensaries operating in the state.

Denise Pollicella, a Brighton attorney who has several marijuana business clients, said she hopes the new system works better than the current licensing board.

"It’s a good move if it works," she said. "I hope we’re not replacing one inefficient bureaucratic process with another."

The licensing board was a body created in the laws passed by the Legislature in 2016 to regulate and tax the medical marijuana market. It was a five-member politically appointed board with recommendations for those serving coming from former Senate Majority Leader Arlan Meekhof, R-Grand Haven, former Speaker of the House Tom Leonard, R-Dewitt and Gov. Rick Snyder.

The board has been caught up in controversy since its appointment in May 2017. Former Speaker of the House Rick Johnson, R-Leroy, was a registered lobbyist when he was recommended for the board by Meekhof.

He also had been involved in negotiating the sale of his stake in the lobbying firm Dodak Johnson & Associates to a lobbyist for the medical marijuana industry, raising concerns about whether industry lobbyists would seek to curry favor with Johnson through the price paid for the stake in the firm. When news of that sale came to light, Johnson, instead, said he sold his interest in the firm to his partner Lou Dodak.

Johnson said Friday that he hadn’t heard about the executive order, but said of Whitmer’s action, “That’s her choice, not mine.”

Other members of the board include David LaMontaine, a Monroe resident, business agent and executive board member of the Police Officers Association of Michigan, who was nominated by Leonard; and Snyder’s appointees, Nichole Cover, a Mattawan pharmacist, health care supervisor for Walgreens and chairwoman of the Michigan Board of Pharmacy; Donald Bailey, a retired sergeant for the Michigan State Police from Traverse City, and Vivian Pickard of Bloomfield Hills, who is the president and CEO of the Pickard Group consulting firm and former president of the General Motors Foundation.

The board has come under fire for inconsistent decisions on medical marijuana licenses. Some applicants have been denied for minor brushes with the law that were decades old or even some where charges were dismissed.

Bailey was particularly hard on applicants, consistently trying to deny people seeking licenses who were registered caregivers and allowed to grow up to 72 plants for five medical marijuana cardholders. While caregivers are supposed to be able to recoup the costs of growing the plants, Bailey said he thought many of them were profiting beyond those expenses and shouldn’t be considered for a license. As a result, many caregivers, who have been the mainstay of the medical marijuana market since voters approved legalizing medical pot in 2008, have been denied licenses.

Bailey said Friday he thinks the decision to do away with the board was political payback for marijuana industry lobbyists, who supported Whitmer's campaign. He predicted that the floodgates will open up for license applications from people without the financial means or moral integrity necessary to run a marijuana business.

"Public safety just took a huge hit," he said. "Law enforcement is not prepared for what’s coming and now if it turns out that a bunch of people get licenses who shouldn’t, that’s going to make it even worse."

But Washtenaw County Sheriff Jerry Clayton said the new framework for marijuana enforcement will be more fair and consistent.

"The new system allows for more predictability, which will ultimately enhance public safety and keep our communities safe," he said.

While the medical marijuana laws called for the licensing board, the 2018 ballot proposal that legalizes marijuana for adult recreational use calls for the state Department of Licensing and Regulatory Affairs to handle licensing.

In her executive order, Whitmer said the state constitution gives her broad authority to “make changes in the organization of the executive branch of state government or in the assignment of functions among its units that are necessary for efficient administration.”

Combining the licensing authority under one body furthers those efficiencies, she said.

“To avoid licensing delays and to better coordinate varying sources of authority for the enforcement of state law, the administration of state laws relating to marijuana can more effectively and efficiently be administered by a dedicated state agency,” she said in her executive order.

That agency will be known as the Marijuana Regulatory Agency and a director to run the agency is expected to be appointed by the governor in the coming weeks.

The executive order can be considered by the Legislature and either approved or vetoed.

Whitmer, however, reached out to the Republican leadership in both the House and Senate before signing it. And Gideon D'Assandro, spokesman for Speaker of the House Lee Chatfield, R-Levering, said that while the GOP caucus will review the order, Chatfield appreciated the opportunity to weigh in on the issue.

The Legislature vetoed a Whitmer executive order last month that abolished several review panels created by the Legislature to oversee permitting in the Department of Environmental Quality. She came back with another order that still reorganized the DEQ into the Department of Environment, Great Lakes and Energy but kept two of the three review panels.

The new Marijuana Regulatory Agency will be required to have four public hearings a year to hear complaints about the department. The current licensing board holds its meetings in public when it considers license applications and has two more meetings scheduled before the executive order takes effect. It's not clear yet whether those meetings will be held or whether the new agency will hold similar public hearings on license applications.

 

[momofthegoons]

Unlicensed medical marijuana delivery flourishes in Metro Detroit

Roseville — The state of Michigan has not yet approved any licensed medical marijuana provisioning centers for home delivery, but that's not stopping nearly four dozen cannabis businesses in Metro Detroit from cashing in.

Royal Oak-based Grow Cannabis Marketing has identified 44 medical marijuana delivery businesses currently operating in the region. They don't have state licenses, but many market themselves on online cannabis directories such as Weedmaps and Leafly.

Licensed brick-and-mortar provisioning centers say delivery operations are taking business from them after they've invested thousands of dollars into obtaining state approval.

But with the industry in transition and so few cultivators approved, these delivery services say they are filling a need.

"You're seeing so much of it because there are so few licensed facilities," said Alex Leonwicz, leader of the Cannabis Industry Group at Royal Oak law firm Howard & Howard. "There's such a high demand and high card number. (Dispensaries) can't even hold the product for their own sales of people who can walk in. Now you're asking them to deliver? I just don't think there's enough product in the system to meet demand at this time."


Mr. Nice Guy's Caregivers is a "network of caregivers," managing member Phil Russo explains, that formed in early 2017 and delivers to most of Macomb County. The organization, which does not have a state license, has up to 60 caregivers,who are people registered with the state to grow marijuana plants and provide the drug to up to five patients and themselves. Products are tested at Hazel Park's Steadfast Lab, Russo said.

Mr. Nice Guy's connects patients with caregivers and facilitates caregiver-to-caregiver sales of marijuana products so that the deliverers have access to the cannabis for their patients.

"We want to help move this industry and move it out of the shadow," Russo said. "You have to build trust and bridge that gap. It's not like ordering a pizza from Domino's. You know what your pizza is going to taste like. You go on Weedmaps and see pictures of marijuana, but you don't know what you're going to get. There has to be a level of trust."

To build that, the service offers consultations to sit down with patients and connect them with the best caregiver.

Patients said what they pay is about what they previously spent at the string of dispensaries lining Eight Mile in Detroit, but the delivery service saves them the time and mileage.

"Going into the city was rough," said Michael Stout, a 39-year-old patient with chronic pain in Clinton Township. "The roads are rough. You have to watch your back, and then you have to wait in the lobby. I didn't feel comfortable going. It's sketchy going to certain spots. I'm glad I found Phil. They're people I trust. They're like family."

Russo said he hopes over the next year to find a partner and open a provisioning center in Macomb County to deliver directly to patients.

"Everybody wants delivery," he said. "Everybody wanted it for the past half decade or so. It's like the popularity of Grubhub and Shipt. Home delivery is ultimately, it's the way people want things."

Caregivers legally can deliver marijuana to their patients. While many of the delivery businesses hire caregivers as their drivers, the patient's caregiver may not be the one who will deliver to their doorstep.

Russo said the caregivers have an agreement that another caregiver can deliver to a patient when they are unable since many have full-time jobs.

"I don't think there is anything illegal as long as the money is going to their caregiver," Russo said. "Any legal caregiver can carry their product around. We try to be as upfront as possible. We're not trying to not respect the process."

'Gray' areas

Gerry Rekowski is the owner of Natural ReLeaf, a delivery service in Macomb County that began three years ago and does not have a license. He grows his own marijuana and gets it tested, he said.

He is a caregiver and delivers to one or two patients a day. They email or text him photos of their license and medical marijuana card, and he will deliver if they are within the area.

"It's basically a way to expand and get to the people that need it, that need the care," Rekowksi said of his service. "(The state) has kind of made it tough on us (to open a provisioning center). It's always about the money. They've kind of shoved the little people away. They seem to want tobacco and big pharma to run it."

The 2008 Michigan Medical Marihuana Act passed by voters allows for caregivers to provide medical marijuana to their patients, said David Harns, communications manager for the Michigan Licensing and Regulatory Affairs Department. But with the legalization of recreational marijuana in December, those 21 or older can possess and give the drug to others who are of legal age.

Jeff (who did not want to give his last name), shows the 1/8th-ounce of indica medical marijuana delivered by Mr. Nice Guys Caregivers. (Photo: Todd McInturf, The Detroit News)


Ferndale's Healing House Holistics delivers herbs, vitamins, alkaline water and toothpaste and soaps to people in the area. About seven or eight months ago, the unlicensed business began working with medical marijuana patients, said Jay Success, a partner of the company.

"There's a deficit of this in Detroit," Success said. "When the marijuana industry happened, it made sense for us to add this to the business. Many people don't like traditional medicine."

Healing House offers various strains, concentrates and edibles, according to Weedmaps. Success said the company tests the cannabis. It has two drivers and is looking to obtain a license from the state.

Weedmaps lists the price of one-eighth ounce at $40. Success says patients "donate" to cover the cost.

"It's against the law to sell it," Success said. "We're gifting it."

That is where things become hazy, said Matthew Abel, senior partner at Detroit-based Cannabis Counsel.

"If they are operating in that gifting realm, then that's a gray area at best," Abel said. "Gifting cannot be advertised or promoted."

Most delivery companies that list their products on websites such as Weedmaps charge a "donation."

Barton Morris, principal attorney at Royal Oak's Cannabis Legal Group, says it's not a donation if it requires the exchange of money. "It's only a gift if it happens without any transaction. Simply just calling it a donation doesn't make it a donation."

Caregivers, however, can charge patients the expenses they incur to bring them their product, Morris said.

"(Caregivers doing deliveries) is permissible if a caregiver who is registered to only five patients and is doing the delivery," Morris said. "It's the caregiver to the patient."

Leonwicz agreed: "Patients are supposed to be tied to caregivers. If you're matching up patients that aren't tied, I think you could have an issue with the (medical marijuana act)."

Morris added that Michigan law does protect patients who use such services, another likely reason for why these operations have flourished.

'Black eye' on industry

In November, the Medical Marihuana Licensing Board approved an administrative rule to allow state-licensed provisioning centers to receive approval from the state for home-delivery services. The rule allows those who receive approval from the Licensing and Regulatory Affairs Department to have one driver who can deliver up to 2½ ounces to 10 patients homes at a time, Harns said. The driver's vehicle must have a GPS tracker. The department has received no requests for such delivery services yet, Harns said.

The department declined to comment on other delivery operations.

Jerry Millen, co-owner of the Greenhouse Dispensary in Walled Lake, said medical marijuana delivery services have cost him business after investing nearly $1 million into a brick-and-mortar location and to obtain a license. After four years, the dispensary opened Feb. 1. Prices start at $10 for 1 gram. Millen said he plans to request approval to start deliveries in the future.

He believes unlicensed delivery services are unsafe for patients.

"It's people who are skirting the laws," Millen said. "They can go do delivery, and there's no regulation, no way to track where it's going. At some point, something is going to happen, and it'll be a black eye on the cannabis industry, and it's not going to be a licensed facility."

Millen said he was disappointed with law enforcement for shutting down illegally operating dispensaries in the past but ignoring these operations.

The Michigan State Police works closely with the Licensing and Regulatory Affairs Department to investigate any alleged criminal activity committed by licensed marijuana facilities, said Shanon Banner, public affairs section manager for the police.

"There is no one entity responsible for enforcement of unlicensed, black-market marijuana sales," Banner said in an email. "The MSP will continue to review potentially illegal marijuana sales with county prosecutors to determine when criminal enforcement is warranted and will investigate this activity as resources permit."

D.J. Hilson, president of the Prosecuting Attorneys Association of Michigan, said prosecutors rely on police and other investigation agencies to determine whether a crime has occurred.

"If patients are receiving marijuana from someone other than their caregiver, even if the person delivery is a registered caregiver," Hilson said, "they face the potential of losing their protections under the safe harbor provisions of the act."

It is unclear when licensed provisioning centers could begin offering delivery. The state has granted licenses to 59 dispensaries, 42 cultivators, 11 processors, five secure transporters and four safety compliance facilities to serve approximately 294,000 medical marijuana cardholders in the state.

"As more grow facilities are brought into the marketplace, I think you'll see more home deliveries become available," Leonwicz said. "In about six to eight months probably a few will come online. I'm sure those who have grow operations and are growing for their own stores will be first. It's been a slower process than anybody anticipated."

 

[Shredder]

Things are so different up here. Afaik there is one dispensary in Waters, or about 35-40 miles away. Nothing closer. No home deliveries, and im quite sure, a bunch of prosecuters ready to jump on the first home delivery when it comes.

It doesn't help that this area voted against all 3 proposals in the last election, voted against our big 3 govenor, secretary of state and the attorney general. They all passed downstate. It's like two different countries.

There is a little hope though. Vanderbilt voters are forcing a vote on dispensaries through a petition that has passed, against the pols wishes.

My belief is once one local community starts raking in the bucks, jealousy will start the ball rolling, because there's nothing pols like better than other people's money. And there are lots of dirt poor municipalities up here that really could use a viable business in their towns and villages.

 

[momofthegoons]

Lol... here we go again....

 

[momofthegoons]

From Michigan NORML:

LARA UPDATE:
LARA Approves Cerebral Palsy as Debilitating Medical Condition for Medical Marijuana Patients, also denied chronic aggressive behavior,
March 11, 2019 – The Department of Licensing and Regulatory Affairs (LARA) has approved adding Cerebral Palsy to the list of debilitating medical conditions set forth in the Michigan Medical Marihuana Act of 2008.
Cerebral Palsy was approved by LARA after the Medical Marihuana Review Panel members unanimously recommended approval.
LARA also denied the condition of Chronic Aggressive Behavior after panel members unanimously recommended denial.
The Medical Marihuana Review Panel made their recommendations to the department after receiving citizen comments in February related to the petitions to add these conditions to the list of debilitating medical conditions identified in the Michigan Medical Marihuana Act (MCL 333.26423). The approval or denial of the petitions by the department are considered final department actions.
Effective immediately, Cerebral Palsy is now added to the following current list of debilitating medical conditions already approved for medical marijuana in Michigan:
Acquired Immune Deficiency Syndrome
Agitation of Alzheimer's disease
Amyotrophic Lateral Sclerosis
Arthritis
Autism
Cancer
Chronic Pain
Colitis
Crohn's Disease
Glaucoma
Hepatitis C
Inflammatory Bowel Disease
Nail Patella
Obsessive Compulsive Disorder
Parkinson’s Disease
Positive status for Human Immunodeficiency Virus
Post-Traumatic Stress Disorder
Rheumatoid Arthritis
Spinal Cord Injury
Tourette’s Syndrome
Ulcerative Colitis
A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
Cachexia or Wasting Syndrome
Severe and Chronic Pain
Severe Nausea
Seizures, including but not limited to those characteristic of epilepsy
Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis

More information on marijuana regulation in Michigan can be found on the Bureau of Marijuana Regulation’s webpage

 

[momofthegoons]

Most of the $13M in assets seized by Michigan police in 2017 came from drug cases

Attorney General Dana Nessel and House Speaker Lee Chatfield, R-Levering, speak during a press conference on House Bills 4001 and 4002. The bills are the first of the legislative session and would reform Michigan's civil asset forfeiture laws.


Michigan police agencies are allowed to permanently seize assets related to criminal investigations on controlled substances, identity theft, public nuisance and an assortment of other crimes.

According to the Michigan State Police 2018 Asset Forfeiture Report, police agencies got $13.1 million from such asset forfeitures in 2017.

A new bill recently passed the State senate that would prohibit seizures of property valued at less than $50,000 without a conviction in the case, and is currently making its way through the legislative process. The Michigan House recently passed a pair of bills making significant changes to the civil asset forfeiture law as well.



Last year 2,875 instances - 43% of all cases involving a seizure - resulted in a conviction, with another 2,368 pending charges.

Graph of Resulting charges from cases involving forfeiture

When it comes to the kind of case that brought police to investigate, the predominate issue was - in both 2017 and 2016 - drugs. Violations of the Public Health Code as it relates to controlled substances made up more than 83% of all instances of forfeiture last year.

Below is a searchable database tracking all of the crimes that caused a seizure. Each category below is a broad subset of numerous specific violations that can result in assets being seized.

For example, possession of less than 25 grams of cocaine, heroin or another narcotic had the most instances of property seizure, with 1,306.

Agencies also broadly itemize how the money taken in from seized assets was spent.

Last year 36% of all money was devoted to equipment like records management systems, mobile data terminals, live stream video, and evidence collection enhancements.

That represented the highest percentage spent in expenditures, with only the category “Other” breaking a double digit share of the pot at 17%. “Other” encompasses things like cell phones, GPS trackers, vehicle purchases, off-site storage units for toxic materials and various evidence collection materials.

Graph of Expenditure of funds from seized assets

 

[momofthegoons]

This year's Hash Bash is special

There is excitement around the 48th Ann Arbor Hash Bash, because it's the first one since Michigan voters legalized marijuana for adult use. This one is special, a chance for folks to gather and savor a big win at the event that has been the most public face of marijuana and pushback against prohibition in the state. Hash Bash — which will be held Saturday, April 6 at the U-M Diag — has been a beacon of hope to some, and an opportunity to flaunt the civil disobedience of openly smoking marijuana.

"It feels very significant," says Nick Zettell, a Hash Bash organizer. "It's really exciting as someone who's been a part of Hash Bash and observing it as an intersection of cannabis culture and cannabis politics, to see a victory for both is very exciting. This is a victory for the advocates, the people who have been pushing for better policies. Hash Bash is a holiday, more than just a protest. People see it as a time they can come out of the cannabis closet and convene about ending the stigma. People will be very celebratory now."

The first bash back in 1972 was actually the first one where weed was legally consumed. The state supreme court had declared that the law used to convict activist John Sinclair for marijuana possession was unconstitutional. The consequence was that marijuana became legal in Michigan for three months. A new law was created and was scheduled to go into effect after the first weekend in April. The first gathering took place April 1, although it wasn't dubbed the Hash Bash until year two. Now it's always celebrated the first Saturday in April.

There will be a notable first at this rally, with Rep. Debbie Dingell scheduled to speak. Hash Bash has featured politicians and even a presidential candidate in the past, but this will be the first time a sitting federal officeholder will address the crowd. That indicates that not only has the political tide turned in Michigan, but it also suggests that it's turning at the federal level. It's certainly turned across the country for voters, who give 62 percent support to the idea in recent polls.

That's certainly something bash organizers have in mind. In the past few years, there was a focus on petition drives and getting out the vote in Michigan. A lot of this year's speechmaking will focus on ending federal prohibition, not to mention improving the legal climate in Michigan as adult use is enacted. The stigma against marijuana still drives a lot of policy, such as in communities that have opted out of allowing marijuana stores within their borders.

"Legalization is not a one-and-done fix," says Zettell.

Expungement of records for folks convicted of nonviolent offenses, as has been done in other states, is one of those follow-up issues. Still, this is a moment when people should be allowed to stop and savor the feel of victory — when they can smile a little wider and hold their joint, or blunt, or pipe, or vaporizer, or edible, a little higher. It's a moment where people can feel a little safer in their advocacy and show a little defiance. It's times like these that hearten you for the continuing battle.

Ann Arbor has long been the place where this could happen. State Sen. Jeff Irwin, a longtime supporter on the political side, will be there for the first time as a senator. His many appearances at the Bash as a state representative serve as proof that one can support marijuana and still move up in your career — possibly due in part to that support.

"Ann Arbor has been such an important home for the cannabis legalization movement," says Zettell. "It's associated with radical activism, even though it is changing quite a bit I don't think that reputation will go away. It is fertile soil for other drug policy reform. There is less stigma. The Hash Bash played an important role in reducing the stigma."

Other municipalities that have turned their backs on marijuana out of fear should take a look at Ann Arbor, which has embraced it. Hash Bash-related events have fanned out into the surrounding areas. As has been the case in recent years, the Bash has grown to include the Michigan NORML Spring Conference on Friday at the Fraternal Order of Eagles in Ypsilanti; the Hash Bash Cup Fri. through Sun. at the Wyndham Garden Hotel; the Hash Bash rally, the Monroe Street Fair, and Hash Bash Late Night at the Blind Pig on Saturday; and the Athletes & Cannabis Panel Discussion at Rackham Auditorium on Sunday (details with times and contact information can be found at freedomactivist.net/hashbash.html).

Guitarist Laith Al-Saadi, a recent finalist on The Voice television show, will be there to render the opening "Star Spangled Banner" — Jimi Hendrix style. Seed pioneer DJ Short will be there, as well as Sinclair, the man whose suit against the state began this whole journey that is now a cause for celebration.

And while it is legal to have marijuana in Michigan now, a no-smoking regulation is in effect on the University of Michigan grounds. Nobody got arrested last year, even though there was plenty of smoking going on during the event. Apparently it's not a police priority to bust people during this particular festivity.

On a warm day, the Hash Bash has been known to draw 10,000 or more people. The legalization victory in November brings a celebratory mood that might expand the crowd to numbers not seen before in Hash Bash history.

"I do think that legalization will drive the crowd by quite a bit," says Zettell. "4-20 is an important day to observe, but Hash Bash is really our cannabis holiday ... a lot of people may decide to experience it for the first time, or for the first time in 20 years."

There's a banner that's been a backdrop for the Hash Bash the last few years. First it was "Legalize 2016." Then it was "Legalize 2018." This year's will read "Legalized 2018." Now that's something to celebrate!

Unconstitutional test?

While the Michigan State Police call for extension and expansion of a pilot program of roadside saliva testing in an effort to determine if drivers are impaired by drugs, the whole thing might just fall apart. An article posted on the American Civil Liberties Union blog claims that "Roadside saliva testing is probably unconstitutional." The piece points out that these tests do not measure impairment, and that with no warrant it's an invasion of privacy, along with other arguments. When the ACLU says something is unconstitutional, I see this headed for litigation.

Didn't last long

It looks like John Sinclair's social hangout at the Psychedelic Healing Shack in Detroit is already over before it ever really got started. There was plenty of ballyhoo about this place kicking off, but in the end Sinclair and Dr. Bob Pizzimenti didn't see eye to eye on what it was all about. So it's all over now. Things come and go quickly in this environment. Remember the CBD cocktails at Ale Mary's, another topic we covered here in Higher Ground not that long ago? Health officials ended that and several other establishments adding CBD to food items. There's still a lot of shaking out to go down as we figure this all out.

 

[momofthegoons]

New Michigan marijuana proposal: What would change if it passes

Amid concerns about minority businesses being left out and general frustration with the pace at which Michigan is moving on both the medical and recreational marijuana fronts, a group of organizations with marijuana business interests is preparing legislation they hope will make significant changes in how the market will operate.

Their sweeping proposal — which will face a tough climb in the Legislature because some changes would require a super-majority vote — would make the “gifting” of marijuana illegal; fundamentally change the caregiver system that has been in place since 2008 when voters legalized marijuana for medical use; reimpose the 3 percent excise tax on medical marijuana that ended on March 6; allow medical marijuana dispensaries to begin immediately selling marijuana for adult recreational use; require people who grow their own marijuana to register any heavy equipment they use with their local community, and allow unlicensed dispensaries to continue to operate through the end of the year.

“We’re not trying to circumvent how recreational will operate,” said Eric Foster, a consultant with Banks & Company in Southfield, which has a number of marijuana business clients. “We’re just trying to accelerate the market and address some of the concerns from local government.”

Besides Banks & Company, the groups involved in developing the bills are the Florida-based Minorities for Medical Marijuana; Cannas Capital, a Muskegon insurance and investment agency that specializes in cannabis businesses; Michigan Economic Stimulus Fund, a Kalamazoo-based cannabis consulting firm and the Lake Newaygo County chapter of the NAACP.

Applicants for marijuana business licenses have been frustrated by the pace and inconsistency in action taken by the state Medical Marijuana Licensing Board. Since the state started awarding licenses last summer, only 121 licenses have been approved. Of those license approvals, 105 — 31 growers, 11 processors, 54 dispensaries, four testing labs and 5 transporters — have paid their state regulatory assessments and actually been awarded licenses. The state has denied 41 license applications, as well as 125 applications seeking preliminary approval.

Minority groups have especially been worried that they'll be left out of the lucrative market. The state doesn't keep statistics on the demographics of people who have been granted or denied licenses, but many Detroit-based marijuana businesses have been denied licenses.

The organizations have one potential sponsor in the legislature and is looking for others.

Rep. Ronnie Peterson, D-Ypsilanti, has met with the group and is interested in sponsoring some aspects of the proposal, but said there are other areas that need to be addressed too that aren’t included in the initial plan.

“How do the communities benefit from these businesses beyond the taxes? And we still have no legislation dealing with banking and community reinvestment programs," he said, referring to the fact that the marijuana business is almost all done in cash, because the federal government still considers marijuana an illegal substance and banks don't want to risk their license by accepting proceeds from pot sales.

Sen. Jeff Irwin, D-Ann Arbor, was involved in developing and campaigning for the November ballot proposal that voters approved, legalizing marijuana for adult recreational use. He doesn’t think the legislation has much of a chance in the Legislature. First, several aspects would need super-majority votes from ¾ of both the House and Senate because the bills would change voter-approved proposals, including getting rid of the current caregiver system from the 2008 medical marijuana ballot proposal and eliminating the "gifting" services that have popped up since the legal weed proposal passed last year.

And second, he said, such sweeping changes are premature.

“The citizens just overwhelming passed Proposal 1,” Irwin said. “I think we have an obligation to the citizens to let it work and see how it works before we start talking about changing it.”

He also questions the motives of those pushing the legislation.

“There is a certain group of deep-pocketed people and people from out of state who are already invested in the cannabis industry who want the Legislature to build a little walled garden so that they can make a lot of money off of Michigan consumers,” he said. “Anytime you have the Legislature trying to rope off an industry for a small group of people, I find that very dangerous.”

Some lawmakers tried to change the marijuana legalization law after the election, by outlawing home-grown marijuana, but the measure never came close to having enough support and never got a vote.

Medical marijuana caregivers would go away
The biggest change would be scrapping the caregiver system, which was created after the 2008 vote to legalize medical marijuana and allows each registered caregiver to grow up to 72 plant for six medical marijuana cardholders. The proposal would get rid of that category in favor of less expensive transitional licenses for smaller marijuana grow operations, and potentially open the market up to more minority business owners.

In Michigan, there are more than nearly 293,000 medical marijuana cardholders and 41,440 registered caregivers. The caregivers have been selling their excess marijuana to dispensaries, but after March 31, the caregivers will only be able to sell their overages to licensed growers and processors.

Peterson said it would be beneficial to allow caregivers to more easily transition to the licensed market without having the same regulatory expenses – a $6,000 state application fee, a $10,000 regulatory assessment and the ability to show $250,000 in assets. “These small shops should be able to compete with some type of entry level license because having to show $250,000 or a half a million in assets isn’t fair.”

Irwin said, however, that the November ballot proposal already created another class of license for “micro businesses,” that don’t carry the same large expenses.

This proposal would require a ¾ vote because it changes the 2008 ballot proposal on medical marijuana.

The proposed legislation would also allow unlicensed dispensaries that are awaiting a license from the state to continue to operate through the end of 2019. But those dispensaries, which have faced a variety of deadlines to get a license or shut down, are now facing a hard March 31 deadline.

3 percent excise tax would be revived
Foster said the 3 percent excise tax on medical marijuana should be reinstated as an incentive to communities to allow legal medical weed businesses in their towns because a portion of those revenues would come back to the communities. The language to remove the tax was included in the Legislature’s 2016 laws that regulated and taxed medical marijuana and stipulated that if recreational marijuana was legalized, the excise tax on medical marijuana would disappear. Medical marijuana is still subject to the state's 6 percent sales tax. When recreational marijuana becomes commercially available for sale early next year, it will carry a 10 percent excise tax, along with the 6 percent sales tax.

Irwin said it will be a hard sell to convince lawmakers to reimpose a tax on those using medical marijuana.

'Gifting' of marijuana would be eliminated
In an attempt to tamp down the black market for marijuana, the proposed package would make “gifting” of marijuana illegal. Under the November ballot proposal, individuals can grow up to 12 plants for their personal use. They can give that product away, but not sell it. As a result, “gifting” services, which skirt the letter of the law, have cropped up across Michigan in which a person can pay $55 or more for a muffin and some juice or a T-shirt and get a gram of marijuana or a vape cartridge as a gift.

This also will need a ¾ vote in the Legislature because it changes a provision of the November ballot proposal.

Recreational marijuana sales would start immediately
The state has until December to come up with the rules and regulations that will govern the recreational marijuana market and then begin to accept applications for licenses for marijuana businesses.

But under the legislation that’s being drafted, medical marijuana dispensaries would be able to immediately begin selling recreational marijuana to people 21 and older, even before the regulations are developed by the state, Foster said.

That could pose problems for the state. In other states where recreational marijuana is legal, there are different standards and dosages for medical and recreational marijuana. Those standards haven’t been developed yet for the recreational market in Michigan.

Citing safety concerns, Peterson said he’s in favor of another provision in the proposed package that would require home growers to register any heavy equipment they use to grow marijuana with their local community.

“Particularly in urban cities, you could have five or six people growing in one block,” he said. “I’m very concerned about that.”

Foster said the bills are expected to be drafted and introduced in the next couple of weeks once sponsors have been identified.

The state Department of Licensing and Regulatory Affairs is taking a wait and see attitude on the proposals.

"We appreciate and evaluate input offered from all stakeholders," said LARA spokesman David Harns. "If the proposal is introduced into the legislative system, we'll take an in-depth look into it at that time."

 

[Baron23]

New Michigan marijuana proposal: What would change if it passes

Amid concerns about minority businesses being left out and general frustration with the pace at which Michigan is moving on both the medical and recreational marijuana fronts, a group of organizations with marijuana business interests is preparing legislation they hope will make significant changes in how the market will operate.

Their sweeping proposal — which will face a tough climb in the Legislature because some changes would require a super-majority vote — would make the “gifting” of marijuana illegal; fundamentally change the caregiver system that has been in place since 2008 when voters legalized marijuana for medical use; reimpose the 3 percent excise tax on medical marijuana that ended on March 6; allow medical marijuana dispensaries to begin immediately selling marijuana for adult recreational use; require people who grow their own marijuana to register any heavy equipment they use with their local community, and allow unlicensed dispensaries to continue to operate through the end of the year.

“We’re not trying to circumvent how recreational will operate,” said Eric Foster, a consultant with Banks & Company in Southfield, which has a number of marijuana business clients. “We’re just trying to accelerate the market and address some of the concerns from local government.”

Besides Banks & Company, the groups involved in developing the bills are the Florida-based Minorities for Medical Marijuana; Cannas Capital, a Muskegon insurance and investment agency that specializes in cannabis businesses; Michigan Economic Stimulus Fund, a Kalamazoo-based cannabis consulting firm and the Lake Newaygo County chapter of the NAACP.

Applicants for marijuana business licenses have been frustrated by the pace and inconsistency in action taken by the state Medical Marijuana Licensing Board. Since the state started awarding licenses last summer, only 121 licenses have been approved. Of those license approvals, 105 — 31 growers, 11 processors, 54 dispensaries, four testing labs and 5 transporters — have paid their state regulatory assessments and actually been awarded licenses. The state has denied 41 license applications, as well as 125 applications seeking preliminary approval.

Minority groups have especially been worried that they'll be left out of the lucrative market. The state doesn't keep statistics on the demographics of people who have been granted or denied licenses, but many Detroit-based marijuana businesses have been denied licenses.

The organizations have one potential sponsor in the legislature and is looking for others.

Rep. Ronnie Peterson, D-Ypsilanti, has met with the group and is interested in sponsoring some aspects of the proposal, but said there are other areas that need to be addressed too that aren’t included in the initial plan.

“How do the communities benefit from these businesses beyond the taxes? And we still have no legislation dealing with banking and community reinvestment programs," he said, referring to the fact that the marijuana business is almost all done in cash, because the federal government still considers marijuana an illegal substance and banks don't want to risk their license by accepting proceeds from pot sales.

Sen. Jeff Irwin, D-Ann Arbor, was involved in developing and campaigning for the November ballot proposal that voters approved, legalizing marijuana for adult recreational use. He doesn’t think the legislation has much of a chance in the Legislature. First, several aspects would need super-majority votes from ¾ of both the House and Senate because the bills would change voter-approved proposals, including getting rid of the current caregiver system from the 2008 medical marijuana ballot proposal and eliminating the "gifting" services that have popped up since the legal weed proposal passed last year.

And second, he said, such sweeping changes are premature.

“The citizens just overwhelming passed Proposal 1,” Irwin said. “I think we have an obligation to the citizens to let it work and see how it works before we start talking about changing it.”

He also questions the motives of those pushing the legislation.

“There is a certain group of deep-pocketed people and people from out of state who are already invested in the cannabis industry who want the Legislature to build a little walled garden so that they can make a lot of money off of Michigan consumers,” he said. “Anytime you have the Legislature trying to rope off an industry for a small group of people, I find that very dangerous.”

Some lawmakers tried to change the marijuana legalization law after the election, by outlawing home-grown marijuana, but the measure never came close to having enough support and never got a vote.

Medical marijuana caregivers would go away
The biggest change would be scrapping the caregiver system, which was created after the 2008 vote to legalize medical marijuana and allows each registered caregiver to grow up to 72 plant for six medical marijuana cardholders. The proposal would get rid of that category in favor of less expensive transitional licenses for smaller marijuana grow operations, and potentially open the market up to more minority business owners.

In Michigan, there are more than nearly 293,000 medical marijuana cardholders and 41,440 registered caregivers. The caregivers have been selling their excess marijuana to dispensaries, but after March 31, the caregivers will only be able to sell their overages to licensed growers and processors.

Peterson said it would be beneficial to allow caregivers to more easily transition to the licensed market without having the same regulatory expenses – a $6,000 state application fee, a $10,000 regulatory assessment and the ability to show $250,000 in assets. “These small shops should be able to compete with some type of entry level license because having to show $250,000 or a half a million in assets isn’t fair.”

Irwin said, however, that the November ballot proposal already created another class of license for “micro businesses,” that don’t carry the same large expenses.

This proposal would require a ¾ vote because it changes the 2008 ballot proposal on medical marijuana.

The proposed legislation would also allow unlicensed dispensaries that are awaiting a license from the state to continue to operate through the end of 2019. But those dispensaries, which have faced a variety of deadlines to get a license or shut down, are now facing a hard March 31 deadline.

3 percent excise tax would be revived
Foster said the 3 percent excise tax on medical marijuana should be reinstated as an incentive to communities to allow legal medical weed businesses in their towns because a portion of those revenues would come back to the communities. The language to remove the tax was included in the Legislature’s 2016 laws that regulated and taxed medical marijuana and stipulated that if recreational marijuana was legalized, the excise tax on medical marijuana would disappear. Medical marijuana is still subject to the state's 6 percent sales tax. When recreational marijuana becomes commercially available for sale early next year, it will carry a 10 percent excise tax, along with the 6 percent sales tax.

Irwin said it will be a hard sell to convince lawmakers to reimpose a tax on those using medical marijuana.

'Gifting' of marijuana would be eliminated
In an attempt to tamp down the black market for marijuana, the proposed package would make “gifting” of marijuana illegal. Under the November ballot proposal, individuals can grow up to 12 plants for their personal use. They can give that product away, but not sell it. As a result, “gifting” services, which skirt the letter of the law, have cropped up across Michigan in which a person can pay $55 or more for a muffin and some juice or a T-shirt and get a gram of marijuana or a vape cartridge as a gift.

This also will need a ¾ vote in the Legislature because it changes a provision of the November ballot proposal.

Recreational marijuana sales would start immediately
The state has until December to come up with the rules and regulations that will govern the recreational marijuana market and then begin to accept applications for licenses for marijuana businesses.

But under the legislation that’s being drafted, medical marijuana dispensaries would be able to immediately begin selling recreational marijuana to people 21 and older, even before the regulations are developed by the state, Foster said.

That could pose problems for the state. In other states where recreational marijuana is legal, there are different standards and dosages for medical and recreational marijuana. Those standards haven’t been developed yet for the recreational market in Michigan.

Citing safety concerns, Peterson said he’s in favor of another provision in the proposed package that would require home growers to register any heavy equipment they use to grow marijuana with their local community.

“Particularly in urban cities, you could have five or six people growing in one block,” he said. “I’m very concerned about that.”

Foster said the bills are expected to be drafted and introduced in the next couple of weeks once sponsors have been identified.

The state Department of Licensing and Regulatory Affairs is taking a wait and see attitude on the proposals.

"We appreciate and evaluate input offered from all stakeholders," said LARA spokesman David Harns. "If the proposal is introduced into the legislative system, we'll take an in-depth look into it at that time."

Just the money lenders in Solomon's Temple fighting for position at the MJ trough.

 

[Shredder]

Crazy huh?

 

[Baron23]

We have Dixie here in MD...same deal, licensing and tech transfer to some MD local licensed processor. The Elixars are very nice edibles....the pills, balm, etc is to me (and only me) a waste of money.

Same with Mary Medicinal transdermal patches....I can cover myself with them until I look like a mummy and nada.

But, the Elixars are good...just need the price to come down...significantly.

Selection of THC-infused products to launch in Michigan provisioning centres by month’s end

Dixie Brands Inc. has executed a definitive agreement with Michigan’s Choice Labs that will see a selection of THC-infused products available for sale in the state’s provisioning centres by the end of the month.

The agreement—which runs for 10 years, with two five year options to renew—relates to the joint venture licensing agreement the two companies announced on Feb. 6, 2019, notes a statement from Dixie Brands, a consumer packaged goods company that services the cannabis industry. Choice Labs, for its part, is a medical cannabis company licensed by the State of Michigan to grow, process and sell cannabis.

The initial products will include THC-infused gummies, flavoured elixirs, pressed pills, mints and tinctures, as well as THC- and CBD-infused topical balms, the press release states. Dixie initially intends to offer Michigan’s 300,000 medical cannabis patients the products and will expand its “offering in the state over time to include its flagship Dixie Elixirs beverages and other SKUs drawn from its portfolio of more than 100 products across 15 categories,” it adds.

Products “will be available to all provisioning centres in Michigan, consistent with the strategy Dixie has successfully employed in other states where its products are typically sold in more than 80 percent of all dispensaries,” the company reports. It has “already secured purchase orders and expressions of interest from several chains and individual provisioning centres interested in expanding their offering to include more recognized brands.”

Pointing out that Michigan is the first of four to six new U.S. states Dixie expects to enter over the course of 2019, the company notes that products will be on state shelves within eight weeks of announcing the joint venture. Its existing operations are in California, Colorado, Maryland and Nevada.

“This time-to-market is achievable thanks to our proven operating procedures and product formulations, as well as our past experience expanding into new states, and of course, an excellent local partner,” says Dixie Brands president and CEO Chuck Smith. “We will begin generating sales this month and expect Michigan to be one of our top revenue producing states,” Smith predicts.

Citing figures from Frontier Data, the company reports that Michigan is set to become one of the largest cannabis markets in the U.S., with retail sales of THC products projected to exceed US$750 million by 2020.