Law Michigan MMJ

[Baron23]

New Michigan marijuana licensing agency will make decisions behind closed doors

LANSING – When the Michigan Medical Marijuana Licensing Board meets Thursday morning to consider 128 business applications, it will be one of the last times there will be a public vetting of the people who want to grow, process, transport, test and sell weed in Michigan.

On April 30, a new state agency within the Department of Licensing and Regulatory Affairs — the Marijuana Regulatory Agency — is expected to take over licensing for both the medical and the recreational marijuana markets. Under Gov. Gretchen Whitmer’s executive order, the existing licensing board will no longer exist.

While the five-member, politically appointed licensing board, which was created in 2016 when the Legislature passed bills to regulate and tax medical marijuana, is required to meet in public to approve or deny marijuana business licenses, the new agency will make those decisions behind closed doors.

The new agency will be required to hold four public meetings a year to discuss the regulation of the marijuana industry, but any discussion of licensing decisions will come after those decisions have been made.

“We won’t necessarily have that public discussion of every application,” said Andrew Brisbo, director of the Bureau of Marijuana Regulation. “A lot of that review (of applications), as is done with every other regulatory program in the state, will happen in private by the analysts who actually review the applications.”

More: Gretchen Whitmer signs executive order to abolish Michigan marijuana licensing board

More: CBD regulation remains jumbled in the marijuana market nationwide

That will be a distinct departure from how the current licensing board operates, in which various aspects of many applicants’ lives — from their financial history to criminal background — has been dissected in detail by some board members.

The board has only two meetings scheduled before it is disbanded — Thursday and April 25. While the Legislature has the ability to veto Whitmer’s executive order abolishing the board before April 30, neither the House nor the Senate is expected to weigh in on the issue.

“I’ve got no problem with it. That’s where (licensing) should have been all along,” said Sen. Peter Lucido, R-Shelby Township, referring to LARA. “The board has had a hard time doing its job.”

But Craig Mauger, director of the Michigan Campaign Finance Network, which tracks campaign spending and government transparency issues, said regulating a burgeoning industry that is poised to make a considerable amount of money deserves a more open licensing process.

"The more information that the state can provide about who is applying for licenses, who is getting licenses and who isn’t, the better. And that’s not just the name of the business, but who is behind the applications and their financial interests," he said. "These are businesses that stand to make or lose large sums of money. Sunlight is the best disinfectant to make sure that nothing nefarious takes place."

The transition will come 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.

Since the first medical marijuana dispensary began selling pot in November, there have been $46 million in sales and the recreational market is expected to far exceed that number.

Since beginning to consider applications for growers, processors, transporters, testing facilities and dispensaries in July, the board has approved 121 licenses. Of those, 105 businesses — 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.

Another 294 applicants have been given preliminary approval for a license and will come back for final authorization when the communities where they want to locate also have agreed to allow the businesses to operate. The board also has denied 166 applicants for either pre-qualifcation status or a license.

In her executive order, Whitmer said it will be much more efficient and timely to have one agency reviewing licenses for both medical and recreational marijuana.

The licensing board has come under fire for inconsistent decisions on medical marijuana licenses. Some applicants have been denied for minor brushes with the law that are decades old or even some where charges were dismissed. About 80 of those who have been denied are in line to appeal those decisions to an administrative law judge.

There is a possibility that those denials will be reviewed by the new state agency, Brisbo said.

“We’re aware of that situation and considering it behind the scenes to determine how we can do things when the (new agency) is in effect,” he said.

LARA is in the process of coming up with the rules and regulations for the legalized recreational market that was approved by voters in November. While the use and possession of weed is legal now for people 21 and older, it won’t be commercially available for sale until those rules are in place.

Brisbo said that several work groups, representing medical marijuana businesses and cardholders, consultants, lawyers and communities, will begin meeting next week to provide their input on the new rules with a draft set of regulations ready for review this summer. The new agency is expected to begin awarding licenses for recreational marijuana businesses early next year. For the first two years, current medical marijuana license holders will be first in line for recreational licenses.

 

[Baron23]

Michigan medical marijuana board inundated with applications before deadline

There was a mad scramble at the Michigan Medical Marijuana Licensing Board meeting Thursday, as about 50 unlicensed medical marijuana businesses have just 10 days before the state orders them to shut down.
With applications for 118 marijuana business licenses up for consideration, including many of the dispensaries facing a March 31 deadline, the board faced its biggest agenda since it began meeting last May. And it was a bittersweet moment for the five-member board, which will most likely be abolished on April 30 in favor of a new state agency — the Marijuana Regulatory Agency — making the decisions on who will and won't get a license.

"I've had enough, to be honest with you," said former Speaker of the House Rick Johnson, R-Leroy, who is the chairman of the board. "But what we've done to this point is create a good, solid foundation."

Gov. Gretchen Whitmer signed an executive order earlier this month to abolish the board and have the same state bureaucracy make regulatory and licensing decisions for both the ongoing medical marijuana and the recreational marijuana market, which is expected to come online sometime early next year.

"I've been involved in this type of stuff for a long time and sometimes it's political and some of the time, it's not," Johnson added. "Every new governor who comes in has their ability to do things the way they want to do it."

The board has operated in fits and starts, with some meetings having only a handful of licenses to considerand others, like Thursday's meeting, jam-packed. Whitmer has said the new agency will make the licensing decisions more efficient and consistent.

The five-member, politically appointed board, which has been criticized for the slow pace of approving licenses, shrunk to four members earlier this month when David Lamontaine resigned from the board. But board member Donald Bailey, a retired Michigan State Police officer, said there was plenty of blame to go around for delays in licensing decisions.

He pointed to an applicant who first submitted an application in August 2018 and didn't supply all the necessary information to the state until January.

"One of the culprits is the applicant, not us," he said. "Anyone who wants to complain that we haven't done our due diligence can look at this applicant. There's enough blame to go around for everyone."

Andrew Brisbo, director of the Bureau of Marijuana Regulation, said the looming deadline for unlicensed marijuana businesses to shut down was the key to the lengthy meeting, which lasted for more than three hours.

"Obviously, we had a lot of responses from applicants with the March 31 deadline," he said. "That's usually a motivating factor to get people to send us the things we need."

On March 31, the unlicensed businesses — about 50, with the vast majority being dispensaries — will get cease and desist letters from the state and potential follow-up from law enforcement if they don't shut down.

"There's always the potential that there could be criminal follow-up with someone who is operating unlawfully," Brisbo said.

Since beginning to consider applications for growers, processors, transporters, testing facilities and dispensaries in July, the board has approved 148 licenses. Of those, 110 businesses — 35 growers, 11 processors, 58 dispensaries, four testing labs and five transporters — have paid their state regulatory assessments and actually been awarded licenses.

Another 91 license applications were given pre-approval status Thursday, including a dispensary tied to VB Chesaning, a large marijuana grow operation in Chesaning that is owned by Benedetto and Vincenzo Celani, the sons of prominent metro Detroit businessman Tom Celani of Bloomfield Hills, who has interests in casinos and owns the Michigan Lottery Freedom Hill Amphitheatre. One of the partners in the VP dispensary is M. Scott Bowen, the Michigan Lottery Commissioner from 2008-17.

The deadline for unlicensed dispensaries to get approved for a state license has been a moving target since September. In order to ensure there was enough access to products for medical marijuana patients, that deadline moved to October, then to Dec. 15, Jan. 1 and finally March 31. Now that there are 55 dispensaries operating in the state and another 13 that were approved for licenses on Thursday, the state believes there are enough facilities around the state to accommodate the nearly 293,000 medical marijuana patients in Michigan.

So the March 31 deadline is not expected to be extended again.

 

[momofthegoons]

No licenses granted for Lansing pot shop owners

LANSING, Mich. (WILX) - Not one medical marijuana dispensary in Lansing has been granted a license to operate from the city.

However, 18 pot shops have been denied.

An ordinance passed last fall requires dispensaries to go through a licensing process, and limits the number of dispensaries in the Capitol City to 25.

The Lansing City Clerk's office is still reviewing applications from all 85 dispensaries that applied.

Pot shops that are denied can file an appeal

 

[momofthegoons]

I received a text yesterday from the dispensary I used to frequent saying that they were closing today and would reopen on April 1 to stay compliant with their licensing. So I think that any of the dispos that have been granted licenses are being forced to close until the 1st. Hope everyone stocked up that relies on dispos.

Dozens of medical marijuana dispensaries will likely have to close at the end of this month

The clock is ticking on dozens ofunlicensed medical marijuana provisioning centers in Michigan.

Starting April 1, the state will direct those dispensaries to shut their doors.

Advocates are concerned that could mean medical marijuana patients will have trouble getting their medicine.

“We’re going to see a reduced access for medical marijuana patients because of the shuttering of some of those provisioning centers that are in the process of the licensing,” says Rick Thompson, with the Michigan chapter of the National Organization for the Reform of Marijuana Laws.

The Michigan Marihuana Licensing Board reviewed more than a hundred applications Thursday. But many still failed to win approval.

Rick Johnson is the chairman of the state’s Medical Marihuana Licensing Board. He expects the changing rules are not going to prevent medical marijuana patients from getting their medication.

“You’re going to end up with more product that’s been tested,” says Johnson.

Time is also running out for the Michigan Marihuana Licensing Board.

Gov. Gretchen Whitmer plans to replace the licensing board with a new agency that will have oversight on marijuana regulations.

 

[Shredder]

I received a text yesterday from the dispensary I used to frequent saying that they were closing today and would reopen on April 1 to stay compliant with their licensing. So I think that any of the dispos that have been granted licenses are being forced to close until the 1st. Hope everyone stocked up that relies on dispos.

Dozens of medical marijuana dispensaries will likely have to close at the end of this month

The clock is ticking on dozens ofunlicensed medical marijuana provisioning centers in Michigan.

Starting April 1, the state will direct those dispensaries to shut their doors.

Advocates are concerned that could mean medical marijuana patients will have trouble getting their medicine.

“We’re going to see a reduced access for medical marijuana patients because of the shuttering of some of those provisioning centers that are in the process of the licensing,” says Rick Thompson, with the Michigan chapter of the National Organization for the Reform of Marijuana Laws.

The Michigan Marihuana Licensing Board reviewed more than a hundred applications Thursday. But many still failed to win approval.

Rick Johnson is the chairman of the state’s Medical Marihuana Licensing Board. He expects the changing rules are not going to prevent medical marijuana patients from getting their medication.

“You’re going to end up with more product that’s been tested,” says Johnson.

Time is also running out for the Michigan Marihuana Licensing Board.

Gov. Gretchen Whitmer plans to replace the licensing board with a new agency that will have oversight on marijuana regulations.

Having access to medicine is great for patients that can afford dispo prices. What about those that can't? Maybe all those left over dollars in the program could help them? Low income discounts? I just hate to see sick people go without, I hope the states new board will provide some answers.

Every one of my patients are disabled, most are on assistance. High priced dispensaries won't help them a bit.

 

[momofthegoons]

There's a short news video at the beginning of this article that couldn't be downloaded. Follow the title link if you would like to view it.

Report: State shouldn't set driving limit for pot

GRAND RAPIDS, Mich. (WOOD) — A state commission found Michigan should not set a limit on how much THC drivers can have in their system before they’re deemed impaired.

THC is the main chemical responsible for marijuana’s psychoactive effects.

The Impaired Driving Safety Commission, a six-member panel mandated by state law to research and recommend a scientifically-supported THC threshold, released its report (PDF) Friday.

The commission, whose members were appointed by former Gov. Rick Snyder, includes a representative from the Michigan State Police, a registered medical marijuana patient, a forensic toxicologist, a licensed physician and two university professors with expertise in the areas of traffic safety and cannabis pharmacology and toxicology.

"Based on the total body of knowledge presently available, the Commission finds there is no scientifically supported threshold of THC bodily content that would be indicative of impaired driving," the report reads in part. "There is a poor correlation between driving impairment and the blood (plasma) levels of THC at the time of blood collection."

According to the commission, THC levels in blood drop rapidly, but impairment happens more slowly and peaks after blood levels have already dropped. Additionally, level of impairment varies based on prior usage.

"The implications of tolerance to cannabis are that lower blood THC levels in infrequent users may result in impairment that would only be experienced at higher THC levels by regular cannabis users," the report’s authors wrote. "Therefore, because there is a poor correlation between THC bodily content and driving impairment, the Commission recommends against the establishment of a threshold of THC bodily content for determining driving impairment and instead recommends the use of a roadside sobriety test(s) to determine whether a driver is impaired."

According to the commission’s report, of the 33 states that have legalized both recreational and medical marijuana, six have adopted impaired driving per se thresholds of THC bodily content in blood:

• Colorado: 5 ng/ml
• Montana: 5 ng/ml
• Nevada: 2 ng/ml
• Ohio: 2 ng/ml
• Pennsylvania: 1 ng/ml
• Washington: 5 ng/ml

24 Hour News 8 reached out to law enforcement and defense attorneys for reaction to the Commission’s recommendation against setting a per se limit for Michigan.

"I was surprised to be honest," said Jeff Crampton, a longtime criminal defense attorney in Grand Rapids who applauded the commission’s decision. "I didn’t think they’d do the right thing. … There’s a lot of politics with this."

Kent County Prosecutor Chris Becker also agreed with the commission’s determination.

"There is no science behind (setting a limit)," Becker said in an interview from his office on Ionia Avenue NW. "From a prosecutor’s perspective, we want science. We want a reason to have a number and just to make one up to make us all feel better, I don’t support that."

A Kent County sheriff’s deputy who’s specially trained in drug recognition commended the commission’s decision as well.

"THC from marijuana acts very differently than alcohol does," Deputy Ryan Dannenberg explained.

"When you’re at your peak level of alcohol, it’s also generally your peak level of impairment. So when you’re drunkest, that’s also the worst driving you’re going to have. With THC it’s just not the same. ... Your THC level in your blood might be way up here," Dannenberg continued, holding his hand high, "but your impairment level’s only down here at this point. As your body starts to get rid of that THC, now your impairment level is up here. So it just doesn’t match. It doesn’t correspond well. ... If we set a limit, and we’re catching people who aren’t high and letting go people who are, that’s not good for anybody."

The downside of not setting a THC limit, said Becker, is lack of uniformity in how the impaired driving law is administered from county to count across the state.

"Consistency is kind of out the window," Becker said. "At least with alcohol, .08 is in Detroit, and .08 is in Chippewa County. It’s some level of consistency."

Becker expects more impaired driving suspects to go to trial instead of pleading because with no set limit, they can argue their blood THC level did not cause impairment. Law enforcement will have to use results of field sobriety testing and witness statements to build their cases.

"Like the old days of alcohol before you had a breath test," Becker said. "You just had to base your case on the driving, field sobriety, all the facts and circumstances the witnesses could see at the time. We’re going to that for marijuana now."

Dannenberg said it will take more effort from law enforcement, but he welcomes that.

"We’re willing to do the hard work. We want to find people who are making our roads less safe," he said. "We’re not looking for people who smoked weed last week or yesterday. That’s not what we’re about. We’re about people who are endangering our roadways, finding those people and getting them off the road to make sure everybody can travel safely."

 

[Shredder]

Good news, I think. I'm still worried that the courts will rely on a cops perception of impairment. The drug reconition experts get like a 2 week class, and theyre experts. Ya, right. And we all know they lie.

 

[Baron23]

Michigan's legal marijuana market will be uncompetitive with illegal dealers

With medical marijuana approved by Michigan voters in 2008 and recreational use winning the nod at the polls this past November, the industry is up and booming in the wolverine state. Detroit residents, for example, enjoy the services of dozens of marijuana home-delivery businesses.

The businesses are technically unlicensed and illegal. Michigan's government has struggled with a huge backlog of applications for marijuana business licenses, and regulators drag their feet on creating the rules they plan to inflict on recreational sales. So entrepreneurs and their customers moved ahead without waiting for permission from lazy, obstructionist bureaucrats. The black market is how you get things done when government gets in the way.

Things will improve only if Michigan politicians and regulators learn from experience elsewhere. California, Colorado, Oregon, and Washington led the way on legalized marijuana, and all found early on that intrusive regulations, high taxes, and obstructionist bureaucracy have much the same effect as outright prohibition.

California is pulling in just half of projected marijuana tax revenue after its first year of recreational sales. "California imposed what's arguably the highest aggregate tax on legal cannabis in the country…In total, this can add up to as much as a 45% tax on the consumer," The Motley Fool reported last month. "It's pretty evident that this tax is thwarting the move of consumers into legal channels, and state legislators know it." The publication added, "Another issue has been regulatory red tape within the Golden State...California has contended with a slow dispensary license approval process."

At the end of 2015, Washington's own Liquor and Cannabis Board conceded that, three years after voters had legalized the stuff, "the state's marijuana market is divided roughly into thirds for medical, recreational and illicit use." Despite having access to legal marijuana, many customers continued to risk going to illegal dealers who offered more competitive products, prices, and services. Admitting the uncompetitive nature of the highly regulated legal market, Seattle officials unsuccessfully pushed for legalized delivery after running into a proliferation of the sort of illegal-but-popular services currently servicing Michigan.

Just two weeks ago, Massachusetts regulators heard pleas for less red tape and increased pricing flexibility to keep the newly legal market there responsive and viable.

Not everybody learns, of course. Last year, Oregon slashed the amount that medical marijuana cardholders could purchase at a time from 24 ounces to one ounce. The move was intended to prevent the diversion of legal supplies to the black market, but it's a fair bet that it helped fuel a surge in the state's vibrant illegal growing operations.

"The experience in other states shows Michigan should not try to regulate every piece of minutiae in the still infant, rapidly developing cannabis industry," Geoffrey Lawrence of the Reason Foundation (which publishes Reason magazine) cautioned after voters approved recreational pot. "Instead, lawmakers should focus on creating a basic framework that supports a legal cannabis market that is safe, flexible and customer-friendly enough that licensed marijuana businesses are able to compete with and replace black market sellers."

Maybe some Michigan officials are paying attention. Just weeks ago, Governor Gretchen Whitmer issued an executive order abolishing the struggling medical marijuana licensing board and replacing it with a new agency. "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," reported the Detroit Free Press.

The Michigan Cannabis Industry Association applauded, criticizing the old regulatory body for "its slow rate of license approvals and what many say were inconsistent and unfounded denials, resulting in a shortage of legal and safe products for Michigan medical marijuana patients." The Detroit News editorial board agreed (although it has reservations about the use of an executive order), complaining that "the Licensing Board was woefully inefficient at granting licenses and crafting rules to fulfill the Michigan's demands for legal marijuana."

Unfortunately, the transition from the old regulatory board to the new board doesn't occur until April 30, and roughly 50 marijuana businesses that never received licenses are likely to receive state orders to close on March 31.

Keep in mind that the state knows who and where those doomed dealers are only because they tried to do things legally. Those applicants facing the destruction of their businesses may well be sorry they ever trusted to a "legal" market that's subject to slow, expensive, and arbitrary rule-making. Does anybody doubt that many people contemplating entering the legal marijuana business in Michigan—and in other jurisdictions similarly sabotaging the industry with bureaucracy, red tape, and taxes—are watching the mayhem and thinking that they are much better off keeping their operations illegal?

Marijuana dealers thrived under prohibition (I should know—I was one) when the law explicitly sought to prevent their transactions with willing customers. Clumsy taxes and regulations aren't going to do anything but drive buyers and sellers back to the flexible and responsive underground market that served so well in the past.

If politicians and regulators want marijuana dealers and their customers to operate legally, they must make the legal market an attractive alternative to the tried and true black market. That requires them to get out of the way and stay there.

If politicians and bureaucrats don't refrain from intervening in transactions between marijuana sellers and buyers, if they can't keep themselves from making the trade unnecessarily expensive and unresponsive, business will carry on without their permission or approval. Just ask those delivery services in Detroit.

 

[momofthegoons]

Here's how this year's Hash Bash in Ann Arbor will be different

A man holds an American flag at Hash Bash on April 7, 2018 (Photo: Meredith Bruckner)


ANN ARBOR - Hash Bash is about to mark a major milestone.

With the recent legalization of marijuana for adult recreational use in Michigan, users and cannabis advocates will gather to celebrate at what organizers believe could be the biggest Hash Bash ever.

But one of the event's organizers, and the community outreach coordinator at Om of Medicine, Lisa Conine, explains that the work is not done.

"It’s a well-deserved victory, so everyone should be celebrating," said Conine. "But the work isn’t done and it won’t be done for generations. Now that it’s passed, we need some actual leadership from the federal level to protect the industry that’s growing here.

"There’s still tons of injustices around cannabis and the enforcement of laws, even here in Michigan. Expungement is a big thing that people are looking at, which we should."

A new face
For the first time ever, U.S. Rep. Debbie Dingell will be speaking at Hash Bash. "It's a huge deal," said Conine.

According to Conine, Dingell has stayed away from the topic of cannabis in the past. "She apparently had a family member that struggled with substance abuse so it’s very close to her heart," she said.



Debbie Dingell speaks at the Ford School of Public Policy on April 12, 2017 (Credit: Gerald R. Ford School of Public Policy / University of Michigan)



"It took us a couple years, but we got her into our facility last May and she took a tour. By the end of that conversation, we met at the place of, ‘We need more research on cannabis.’ And so that’s her approach to it. Her stance is that she wants to understand more about it."

Hash Bash organizers hope Dingell's appearance will help garner federal support for forthcoming legislation. "She will be the first elected official on a federal level to speak at Hash Bash. We’re super excited about that," said Conine.

Schedule of events and background
In typical Hash Bash fashion, born and raised Ann Arborite musician Laith Al-Saadi will be playing the national anthem on guitar at "high noon" and lead into a spoken word performance by poet and activist John Sinclair from Flint.

"It’s purely Ann Arbor to kick it off, and I think it’s so important to keep that aspect intact as we move forward with Hash Bash just because the culture is so incredibly important," said Conine. "Culture is what has gotten us here."

Sinclair's arrest for possession is what started Hash Bash in the first place.

In 1969, he was sentenced to 10 years in prison for possession of two marijuana joints, which led to a boom of high-profile names calling for his release. Three days after John Lennon, Yoko Ono, Stevie Wonder and other big-name artists and activists descended upon Ann Arbor for the John Sinclair Freedom Rally in 1972, the Michigan Supreme Court declared the law used to convict him unconstitutional. He was freed and the state's marijuana statutes were temporarily left in limbo, so activists threw the first Hash Bash on the Diag at UM on April 1.



Other speakers at this year's event include:

• State Sen. Jeff Irwin
• State Rep. Yousef Rabhi
• Dr. Sue Sisley, leading cannabis researcher
• Joel Zumaya, Detroit Tiger
• Dr. Gus Rosania, U of M professor who teaches PharmSci 420
• David Knezek, representing the Attorney General's office
• Dr. Daniel Kruger, U of M faculty

Speakers will be addressing the crowd from noon to 2 p.m., and from 2 p.m. to 4 p.m. the following local bands will be performing:

• Ma Baker
• Honey Monsoon
• Cosmic Knot

Panels
On the Sunday after Hash Bash, organizers recently began holding panel discussions with cannabis experts aimed at educating the general public. This year, the two panels will take place at the University of Michigan Law School's Hutchins Hall at 625 S. State St.

1 to 2 p.m.
Full Spectrum Medicinal Cannabis vs. Synthetically Derived Cannabinoids

• Dr. Gus Rosania, U of M professor who teaches PharmSci 420
• Dr. Evan Litinas, Chief Medical Officer at Om of Medicine
• Dr. Kevin Boehnke, U of M Research Fellow in the Department of Anesthesiology and the Chronic Pain and Fatigue Research Center

2:05 to 2:20 p.m.
Dr. Andrew Brisbo, Director for the Bureau of Marijuana Regulation, will briefly speak

2:25 to 3:30 p.m.
Current Cannabis Research and Impacts on Patients & Public Health

• Dr. Sue Sisley, leading cannabis researcher
• Emma Chasen, cannabis educator and industry consultant
• Dr. Daniel Kruger, U of M faculty

Conine said the push toward legalization is what kept the event going for 48 years.

"This is the only day for the last 48 years that cannabis consumers in Michigan could come out of the green closet, if you will, and say, ‘Hey, I’m here. I smoke. I can do it in public, you’re not going to arrest me.' And that’s a very liberating feeling and I think that that fueled people to stay even more motivated to fight for what we’re now celebrating today."

 

[momofthegoons]

Swear to god.... the beat goes on..

Michigan judge thwarts crackdown at 50 unlicensed medical marijuana shops

A judge is blocking yet another attempt by state officials to shut down unlicensed medical marijuana provisioning centers.

About 50 unlicensed shops were about to be shut down Monday, April 1, by regulators. Now, they can keep their doors open for at least another two weeks.

Michigan Court of Claims Judge Stephen Borrello signed a temporary restraining order Thursday, March 28, that prevents state regulators from enforcing the March 31 licensing deadline, court documents show.

“Until further order of the court, BMR (Bureau of Marijuana Regulation) will maintain the status quo and not enforce the March 31 deadline with respect to both temporary operating facilities and caregiver products,” the state bureau said in a statement issued Friday afternoon.

Medical marijuana provisioning centers had been stocking up on untested marijuana from caregivers in the past several weeks, as March 31 also marked the deadline for them to switch to buying products from licensed growers. The bureau indicated in its statement Friday that will no longer be enforced.

Officials with the Bureau of Marijuana Regulation have allowed unlicensed dispensaries to sell marijuana to card-carrying patients for the past year as they’ve added regulations to the industry.

State officials have tried to impose a deadline for licensure since September 2018 -- but it’s been pushed back multiple times due to legal challenges and official intervention.

This week, the state has been hammered by lawsuits from at least six unlicensed provisioning centers challenging the deadline. So far, two of them have been successful.

The order was issued in a case filed this week by Green Genie, an unlicensed medical marijuana provisioning center in Detroit. The attorneys for Green Genie declined to comment for this story.

Green Genie has operated without a license in Detroit since July 2017, and serves about 20,000 patients, according to the lawsuit filing. The business’ medical marijuana license application was denied by a licensing board due to a state error that inaccurately claimed it owed money on its taxes, court documents show. Green Genie has appealed the licensing board’s decision to deny their license application -- which is still pending.

Borrello’s order prevents officials from shutting down any unlicensed medical marijuana shops until the court deems it appropriate. The judge set a hearing for 2 p.m., April 9, on the case.

Borrello also signed a temporary restraining order Thursday in a similar case filed by Top Dollar Holdings, a Detroit company that owns two provisioning centers and a grow facility, according to court documents. Its applications for licensure were filed a year before they were considered by the state’s licensing board -- and then denied for invalid reasons, court documents show.

The order requires the state to let the provisioning center operate until their applications are reconsidered under the appeals process.

“It’s an arbitrary date that does not allow the system that was set up under the facilities act to work its way through,” said Byron Pitts, the lawyer representing Top Dollar Holdings, regarding the March 31 licensing deadline.

The March 31 deadline for licensure was recommended by Gov. Gretchen Whitmer, and approved by the licensing board in a January resolution.

The launch of the licensed, regulated medical marijuana market in Michigan has been tumultuous and will continue to change, as Whitmer is abolishing the licensing board and giving full control to state staff.

Andrew Brisbo, the current head of the Bureau of Marijuana Regulation, has been appointed by Whitmer to lead her iteration of that department -- the Marijuana Regulatory Agency -- as of April 30.

 

[momofthegoons]

Brisbo set to lead Michigan's new Marijuana Regulatory Agency

Lansing — A familiar face in the marijuana industry will lead Michigan’s new marijuana regulatory arm.

Gov. Gretchen Whitmer on Thursday named Andrew Brisbo executive director of the Marijuana Regulatory Agency.

The 38-year-old East Lansing resident currently serves as director of the Bureau of Marijuana Regulation and has been at the forefront of the state’s efforts to regulate the medical marijuana market and prepare for the adult use marijuana industry.

“Andrew will be critical in determining and achieving solutions as we develop new Marijuana regulations in Michigan,” Whitmer said in a statement. “He brings a wealth of expert knowledge on this subject, which will be essential through this implementation process while protecting Michigan residents.”

Brisbo's appointment is subject to the advice and consent of the Senate.

The Michigan Cannabis Industry Association called Brisbo a "smart, sound" choice for the position, noting his experience and history with the marijuana industry.

“Mr. Brisbo has consistently demonstrated a willingness to listen to input with an open ear as we collectively work toward establishing logical and practical rules and regulations that will continue to shape the emerging cannabis industry," said Josh Hovey, the association's spokesman.

Brisbo previously served as a licensing division director for the state Department of Licensing and Regulatory Affairs, a branch manager for the Michigan Secretary of State and a regulation officer with the Michigan Gaming Control Board.

Whitmer said in early March that she would abolish the Bureau of Marijuana Regulation and the cumbersome Medical Marihuana Licensing Board and replace them with the Marijuana Regulatory Agency, which will oversee laws related to medical and recreational marijuana “to more efficiently regulate” the products.

Whitmer’s executive order takes effect on April 30.

Brisbo will be required to submit annual financial disclosures and refrain from taking a job with a financial interest in an applicant, licensee or marijuana establishment for four years after he leaves the executive director post, according to Whitmer’s order.

 

[Shredder]

It will be interesting how this all plays out. My biggest interest is of course patients, and my hope is they can continue to get reasonably priced medicine.

The secure transport part of the law, to me, is nothing but a boondoggle, and a major road block to reasonable prices. Dealing in mega cash is much more risky to me, than discretly transporting, something weve all done. Testing however to keep patients safe is important.

I'd like to see a cottage industry law for mj as well. Not sure if I'd put mj out like zucchini or tomatoes with a coffee can to put your $ in would work here, lol. But I dont see testing as a major road block. Maybe when mj gets more integrated into our local society. How bout a gram with each zucchini.

 

[momofthegoons]

Michigan Commission Recommends No Limit on THC in Drivers’ Bodies
Experts maintain that THC in the blood does not necessarily mean that a person is impaired—or even high

A Michigan commission tasked with studying the effects of cannabis on driving has recommended that the state not impose limits on the amount of THC that can be present in drivers’ bodies. The Impaired Driving Safety Committee issued the recommendation in a report that was released last week after spending nearly two years exploring the issue. The panel of six members appointed by former Gov. Rick Snyder reviewed published scientific research and conducted roadside tests with the Michigan State Police to complete its work. Members of the committee include a medical marijuana patient and law enforcement, forensic toxicology, cannabis pharmacology, and traffic safety professionals.

The committee determined that while cannabis use can have an effect on driving, the level of THC in a driver’s blood is not a reliable indicator of driving impairment. Instead, Committee member Norbert Kaminski, a professor of pharmacology and toxicology at Michigan State University, recommended that police use roadside sobriety tests.

“The only reasonable way to do this right now is to demonstrate that people are impaired,” said Kaminski.

The committee also recommended additional training to detect impaired driving for law enforcement officers and a campaign to educate the public on the dangers of driving while high.


‘Very Poor’ Correlation Between THC Levels and Impairment
Kaminski also noted that he was glad that the former governor had formed the commission to “make logical and rational decisions based on the state of the science.” He said that there is a “very poor correlation” between levels of THC in blood and driving impairment for several reasons. When cannabis is consumed by smoking or vaporization, THC levels quickly spike but then fall rapidly as well, dropping to half of the peak level within six to 10 minutes. Because of this rapid fluctuation, THC levels at the time a blood test is administered do not accurately reflect the level while driving. Also, heavy cannabis users can have higher THC levels than inexperienced users without showing signs of impairment. Cannabis can also be detected for up to 30 days after discontinuing use, long after any effects from the drug have passed.

Under current Michigan law, it is illegal to drive with any detectable level of THC in the blood. But with medical marijuana legal since 2008 and recreational cannabis legalized last year, former Gov. Snyder sought to clarify the rules on impaired driving. It will be up to the state legislature to act on the committee’s recommendations by codifying them into law, which would be subject to approval or veto by current Gov. Gretchen Whitmer.

In the report, the committee said that blood THC levels “are indicative of exposure, but are not a reliable indicator of whether an individual is impaired.” The committee also determined that stoned drivers are probably not as dangerous as those who get behind the wheel after drinking.


“Interestingly, in most of the simulator and vehicle studies, cannabis-impaired subjects typically drive slower, keep greater following distances, and take fewer risks than when sober,” the committee wrote. “These effects appear to suggest that the drivers are attempting to compensate for the subjective effects of using cannabis. This is contrasted with alcohol-impaired subjects, who typically drive faster, follow more closely, and take more risks than when sober.”

Despite the lack of a scientific basis for arbitrary THC limits, five states including Colorado, Washington, Montana, Nevada, and Ohio have enacted laws with such restrictions.

 

[momofthegoons]

'Unprecedented' small-town fight over legal weed

• The Village of Vanderbilt is about 15 minutes north of Gaylord, Michigan.
  MAX JOHNSTON / INTERLOCHEN PUBLIC RADIO

Originally published on April 11, 2019 11:24 am
Recreational marijuana was legalized in Michigan this year, but many cities across the state aren’t letting marijuana businesses operate. Some officials argue that the state hasn’t figured out how to regulate them yet.

But a small community in northern Michigan is in the middle of a legal and political debate that could set a precedent for the rest of the state.

Vanderbilt is a small village 15 minutes north of Gaylord. It’s about one square mile, has a population of 562 and has one traffic light. Residents say Vanderbilt used to be known for its manufacturing and logging industry with a little bit of tourism. But lately it is known for something else: a debate over marijuana.

A divided community

In November, 186 people in Vanderbilt voted on the question of marijuana legalization. Fifty-seven percent of them said ‘yes.’ According to the Village Clerk, Vanderbilt has a voting population of about 300 people.

Ryan Cottrell was born and raised in Vanberbilt, he says it was widely supported in the community.


Long-time Vanderbilt resident Ryan Cottrell has led the push for marijuana businesses in town.
CREDIT MAX JOHNSTON / INTERLOCHEN PUBLIC RADIO

“Dozens of people ... have come to the meetings and stood up and say that they voted for it," Cottrell says. "They want to see Vanderbilt move into the 21st Century.”

Cottrell was thrilled when legal marijuana passed, and he thought that it would be a huge boost to the area.

“You’re talking more traffic in Vanderbilt, you’re talking the gas stations are busier, the restaurants are busier, the stores are busier,” he says.

Local control of legal weed

Anyone over the age of 21 can now have marijuana in Michigan, but it’s up to individual cities and towns to let marijuana businesses operate in city limits. Cottrell hoped that village officials would want them in Vanderbilt. But the Village Council, of which Cottrell is a member, said ‘no, thanks.’ They voted it down 5-2. Ron Bush is on the council and voted 'no.'

“I don’t care if people use marijuana, they can use it all they want,” Bush says.

But he draws the line at marijuana businesses in Vanderbilt.

“I think everybody from around this area would be coming to Vanderbilt to buy their pot," Bush says. "That’s why we would be known as a ‘pot village.’”

Bob McMaster was another ‘no’ vote on the council. He says the state hasn’t figured out what marijuana businesses will look like and what the regulations will be.

“Voting for something that you don’t know what it is is just nuts,” he says.





Bob McMaster (left) and Ron Bush (right) are two village council members that voted 'no' to marijuana businesses in Vanderbilt.
CREDIT MAX JOHNSTON / INTERLOCHEN PUBLIC RADIO


McMaster says Vanderbilt should wait and see what the state does, and they could opt back in when the state figures out their regulations.

That argument is actually pretty common. In most areas that’s the end of the debate. But there’s something citizens can do after that. The law says if they write a petition and get enough signatures, it gets on the ballot in the next election.

Setting a precedent

Vanderbilt took that step in January. It took only 10 signatures. Traverse City Attorney George Powell has been following the case. He says this is the first time that the language of the law has been used in this way.

“This is brand new," Powell says. "We’re going to find out how this is going to work."





Proposal 1 legalized marijuana in the state but allowed for local control on the establishment of marijuana businesses
CREDIT STATE OF MICHIGAN


Residents in Vanderbilt will decide if they want marijuana businesses when it is put to a vote in August.

Powell says the village is the only place in the state so far that has gone this route.

“Vanderbilt might be a small community up in northern Michigan, but ... a precedent will be set one way or the other,” he says.

Ryan Cottrell says if voters approve it, Vanderbilt will be at the front of the line to open recreational marijuana businesses.

In the meantime, he says he’ll be knocking on doors to inform the public about what they’ll vote on. Opponents like McMaster and Bush say they’ll be doing the same.

This story appeared in the show Points North. Listen to the entire episode here.

 

[Shredder]

Cool, people power here in redneck country, gotta love it. I live in a neighboring less enlightened county.

Gaylord, a bigger town just south of Vanderbilt is in about the same boat. There were 9 dispensaries open, until the local rednecks cried.

The people want it, but the local officials are blocking it. I hope their next.

 

[momofthegoons]

Michigan’s unlicensed pot shops likely will get a break from judge

Dozens of unlicensed medical marijuana provisioning centers will likely get some relief from a state compliance deadline that would have forced them to shut their doors.

After a four-hour hearing on eight similar cases Thursday afternoon, Michigan Court of Claims Judge Stephen Borrello did not issue an order -- but did tip his hand as to his opinion.

“I’m leaning towards giving the plaintiffs their relief,” Borrello said. “My hold up is, how far does that relief extend?”

Borrello plans to issue a written ruling within a week’s time.

His ruling determines the fate of about 50 medical marijuana provisioning centers allowed to operate without a state license. Those facilities had applied for a license as of February 2018. Ten of those facilities have applications considered inactive, officials said.

For now, that means those 50 provisioning centers can continue to keep their doors open -- and it means caregivers can continue selling untested product directly to provisioning centers.

The Michigan Department of Licensing and Regulatory Affairs has been trying to hold the temporary operators to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline.

The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 -- but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello.

Last week lawyers representing temporarily operating medical marijuana provisioning centers met privately with Borrello, and could not come to a settlement agreement.

Thursday’s hearing was a lively one for the Court of Claims, as the chamber was filled with medical marijuana patients, caregivers and business owners. Exhibits included a jar of marijuana flower, medical tinctures and oils -- which Borrello appreciated.

Of the eight cases before Borrello Thursday, they each involved a medical marijuana business that had difficulty gaining their medical marijuana license from the state.

“This case is sexy because it’s marijuana; but this case has nothing to do with marijuana,” Borrello said. “This is an administrative procedures case and a constitutional case.”

Since state regulators have allowed certain provisioning centers to operate unlicensed for the past year, they have essentially granted them a provisional license, Borrello argued. The state’s attorney, Erika Marzorati, disagreed with that claim during the hearing.

“The eight cases before you seek to delay the inevitable,” Marzorati said.

Borrello said the legislature has not done its part to provide clarity and guidance to the medical marijuana industry.

“I’m being asked in some instances to legislate from the bench, in large part because there’s being a complete lack of action from the legislature,” Borrello said.

Just before Borrello convened his hearing Thursday, the legislature did act -- on the same deadline issue that Borrello is deliberating.

The House voted 102-4 to pass House Bill 4440, which sets a new compliance deadline of June 1 for temporary operators. In addition to the criminal penalty that temporary operators would face for keeping their doors open after that time, the bill would make it impossible for them to apply for a new license for the following year. The bill heads to the Senate for consideration.

Borrello said he’s motivated to bring a conclusion to the medical marijuana licensing deadline issue swiftly, as he has applied to be reassigned from the Court of Claims and may end his tenure there May 1. He has served for four years in that role.

 

[momofthegoons]

Michigan village seeks to sell land to medical pot industry

KALKASKA, Mich. — A northern Michigan village wants to sell a portion of its taxpayer-owned land for the development of medical marijuana facilities.

The Traverse City Record-Eagle reports that Kalkaska leaders voted this month to list nearly 10 acres for sale. The land is located within the industrial district, which is already zoned for medical marijuana businesses.

Village officials hired real estate brokers to market the properties to the burgeoning medical marijuana industry. Officials hope the property sales will boost the village coffers following costly legal settlements.

Village President Harley Wales says the community wants to be at the forefront of Michigan's growing cannabis economy.

The move comes a month after Gov. Gretchen Whitmer eliminated a medical marijuana licensing board that faced criticism for slow license approvals for businesses entering the market.

 

[momofthegoons]

Michigan's largest marijuana grower accuses caregivers of selling unsafe pot

LANSING — The biggest marijuana grow operation in Michigan is putting on a full court press against unlicensed medical marijuana dispensaries and the caregivers who are supplying the market with weed.

Green Peaks Innovations, which has a large grow facility in Windsor Township near Lansing, had a press conference Tuesday, is planning a rally at the Capitol on Wednesday and placed a full-page ad in the Detroit Free Press, Detroit News and Lansing State Journal to press its case.

It wants unlicensed dispensaries shut down and the caregivers who have been supplying both licensed and unlicensed dispensaries with weed shut out of the market. The caregivers are the people who have been growing marijuana since voters legalized weed for medical use in 2008. They are allowed to grow up to 72 plants for five patients and have been selling their overages to dispensaries for several years now.

“Enough is enough,” said Green Peak Innovations CEO Jeff Radway. “Michigan’s patients deserve tested and safe cannabis.”

But while several state recalls have mostly come from caregiver products, there haven’t been any reports of adverse health effects from those products, said Andrew Brisbo, director of the Bureau of Marijuana Regulation.

The product also is OK with some consumers, said Jerry Millen, owner of the Greenhouse dispensary in Walled Lake. His customers have to acknowledge in writing that they will accept untested marijuana grown by caregivers.

“Not one has flinched. They’ve been using the product for years and they’ve never gotten sick from it,” he said.

The state has been trying to shut down unlicensed dispensaries and curtail the caregiver products since September, but the Department of Licensing and Regulatory Affairs has been thwarted by lawsuits and judicial orders that have allowed the unlicensed retail shops and caregiver product to continue to operate.

That has left licensed dispensaries and growers to compete with shops and cultivators who haven’t had to pay hefty state and local fees and state regulatory assessments, as well as the high costs to test and transport the marijuana.

The dispensary owners, however, like the price and variety of caregiver product grown by people who have been in the marijuana business for a decade.

Licensed growers, meanwhile, have invested millions in their operations and have more expensive inventory that they’re trying to sell to dispensaries. The caregiver product, they say, is inferior and has often been recalled because of problems with pesticides and mold.

“The state mandated that we go through their rigorous and extensive licensing process,” Executive Vice President Joe Neller said. “We then hired over 170 people and built a fully operational 60,000-square-foot state-of-the-art headquarters facility in Windsor Township so our quality product could be grown in a clean, contaminant-free environment. Now, they are allowing untested product from caregivers to be sold to patients and that is totally unacceptable.”

The situation may be resolved by the end of the week, at least when it comes to unlicensed dispensaries. Court of Claims Judge Stephen Borrello, who has allowed the dispensaries to stay open, is expected to make yet another ruling on them by Friday. And the state House of Representatives passed a bill last week, on a vote of 102-4, to require unlicensed dispensaries to shut down by June 1. That bill is expected to get a hearing soon in the state Senate.

 

[Shredder]

It's tough to feel sorry for a company that needs to outlaw competition to survive.

 

[Baron23]

“Enough is enough,” said Green Peak Innovations CEO Jeff Radway. “Michigan’s patients deserve tested and safe cannabis.” = “Enough is enough,” said Green Peak Innovations CEO Jeff Radway. “Michigan’s patients should be made to buy OUR more EXPENSIVE cannabis.”