Law Michigan MMJ

[momofthegoons]

A brave new world for marijuana in Michigan
by Larry Gabriel December 20, 2017

Got a lawyer in your back pocket? Got your millionaire lined up yet?

After nine years of the Michigan Medical Marihuana Act, the state has finally rolled out a distribution system for the substance. And while it's about damn time, it's not a terrain you want to wander into without a lawyer and a big pile of money.

I've heard a few tales of millionaires from faraway places, who don't know anything about Michigan or marijuana but want to invest in the industry, wandering around the state looking for locals with expertise. But nobody is naming names or revealing their sources to me. Whatever the truth is, it underlies the fact that getting into the marijuana business has reached the intense capitalization phase now that the state's Dept. of Licensing and Regulatory Affairs has released the application for the five categories of marijuana businesses it will license.

Just to apply is a costly venture. The application fee is $6,000. The paper application is 47 pages long and includes documentation of things such as the applicant's tax and financial information for the past three years, background checks on all participants, criminal history, litigation history, other business and property interests, inventory and recordkeeping plans, marketing plans, etc. Even if you apply online, there are some documents for which hard copies are required. I doubt a paper application can come in under 200 pages. Just generating that completed application is going to cost thousands of dollars.

"It's going to be a lot of information that you have to give them, but I think we'll be OK," says Mark Snipes, owner of West Coast Meds in Detroit.


West Coast Meds is a family operation, and Snipes has been struggling to keep it that way. I went by the shop to ask how the state application process was going since the state began accepting them last Friday. When I arrived there was a sign reading "Closed for a few days" on West Coast Meds' door. I phoned Snipes and caught him on his way to a city office.

"I'm on my way downtown to see if I can remain open while I'm in the application process," he says. "I'm working on it. We're going through the process; we have to go through the city process first."

Oh, that's another thing. There's a box to check on the state application verifying that you have a local license to do business. That's another document and fee ($3,000 in Detroit). None of this includes property build-out, security systems, and the like. According to information posted by the Cannabis Legal Group, opening a dispensary costs from $400,000 to $500,000.

Snipes doesn't have a millionaire on hand. He was planning to put in applications for growing, processing, and distribution facilities, but the price tag for doing that all at once is too steep, particularly the amounts each business has to hold in escrow accounts. Depending on which license one has, the business would need to hold anywhere from $150,000 to $500,000 per license.

"If I go for all three, that is like $1.1 million," Snipes says. "I may have to get one and, as I go, keep adding to it. Most people don't have $1 million, not the small people. It seems like they're trying to eliminate the small people."

It's certainly a struggle for the small operators. Jamie Lowell was once the majority stakeholder in Third Coast Compassion Center in Ypsilanti. It was the first licensed facility to open its doors in the state, which gives the place some bragging rights. However, the struggle to stay open in a hostile state legal environment over the years has led to new developments — one of them being that things have evolved to where Lowell has only a minority stake in Third Coast of Ypsilanti. But at least he's still in the game. A lot of people who tried to be there aren't anymore.

Things change. Lowell has been a leader in fighting to bring legalization to Michigan for over a decade and a groundbreaker in opening the state's first dispensary under the Michigan Medical Marihuana Act of 2008. But the days of the fighter are starting to give way to the entrepreneur.

"There's a new layer of folks coming out," says Lowell, who has been facilitating conferences to help people get into the marijuana business. "The feds haven't interfered much and a lot of people see this as a legitimate investment opportunity, and some people who have been sitting on the sidelines see it as a time to get in."

Lowell brings up another element on the state application. One page has a statement of understanding that applicants have to sign:

"I understand that a Michigan Marihuana facility license does not insulate or shield me or my business from federal seizure and/or forfeiture as allowed by federal law and does not insulate me from federal criminal arrest and/or prosecution. ... Choosing to establish and operate a marihuana facility pursuant to that license is done at my own risk."

Maybe this is boilerplate legal language for any marijuana facility in the country right now, but it has to give pause to anyone getting ready to put their money down to start a marijuana business — especially small players who would be ruined with such a loss. For the millionaires, it's a calculated risk that they can recover from.

The marijuana industry has been operating fairly well in states where medical or recreational markets have opened. But U.S. Attorney General Jeff Sessions has continued to rattle the sabers for the war on drugs. He held a big anti-marijuana meeting just last week, and at this point the Rohrabacher-Farr amendment protecting state medical marijuana operations from federal interference is in question. News reports regularly imply that Sessions is ready to unleash some ungodly reefer madness event to set back legalization to Nixonian levels.

So, to a certain extent, you still have to have some chutzpah to step into the arena that directly handles marijuana. You still have to look over your shoulder to see who's coming. However, there is so much potential money to be made people are willing to take the chance. Actually, that's why the black market marijuana industry exists and will continue to exist when there is legal marijuana. There is a risk-benefit analysis that a lot of folks conclude on the side of risk. That's the same reason you can still get genuine moonshine liquor.

We're definitely walking into a brave new world as it pertains to marijuana. At the same time, some things stay the same. The fight over marijuana is still not over — money is doing the talking, and you still need a lawyer.

 

[ataxian]

A brave new world for marijuana in Michigan
by Larry Gabriel December 20, 2017

Got a lawyer in your back pocket? Got your millionaire lined up yet?

After nine years of the Michigan Medical Marihuana Act, the state has finally rolled out a distribution system for the substance. And while it's about damn time, it's not a terrain you want to wander into without a lawyer and a big pile of money.

I've heard a few tales of millionaires from faraway places, who don't know anything about Michigan or marijuana but want to invest in the industry, wandering around the state looking for locals with expertise. But nobody is naming names or revealing their sources to me. Whatever the truth is, it underlies the fact that getting into the marijuana business has reached the intense capitalization phase now that the state's Dept. of Licensing and Regulatory Affairs has released the application for the five categories of marijuana businesses it will license.

Just to apply is a costly venture. The application fee is $6,000. The paper application is 47 pages long and includes documentation of things such as the applicant's tax and financial information for the past three years, background checks on all participants, criminal history, litigation history, other business and property interests, inventory and recordkeeping plans, marketing plans, etc. Even if you apply online, there are some documents for which hard copies are required. I doubt a paper application can come in under 200 pages. Just generating that completed application is going to cost thousands of dollars.

"It's going to be a lot of information that you have to give them, but I think we'll be OK," says Mark Snipes, owner of West Coast Meds in Detroit.


West Coast Meds is a family operation, and Snipes has been struggling to keep it that way. I went by the shop to ask how the state application process was going since the state began accepting them last Friday. When I arrived there was a sign reading "Closed for a few days" on West Coast Meds' door. I phoned Snipes and caught him on his way to a city office.

"I'm on my way downtown to see if I can remain open while I'm in the application process," he says. "I'm working on it. We're going through the process; we have to go through the city process first."

Oh, that's another thing. There's a box to check on the state application verifying that you have a local license to do business. That's another document and fee ($3,000 in Detroit). None of this includes property build-out, security systems, and the like. According to information posted by the Cannabis Legal Group, opening a dispensary costs from $400,000 to $500,000.

Snipes doesn't have a millionaire on hand. He was planning to put in applications for growing, processing, and distribution facilities, but the price tag for doing that all at once is too steep, particularly the amounts each business has to hold in escrow accounts. Depending on which license one has, the business would need to hold anywhere from $150,000 to $500,000 per license.

"If I go for all three, that is like $1.1 million," Snipes says. "I may have to get one and, as I go, keep adding to it. Most people don't have $1 million, not the small people. It seems like they're trying to eliminate the small people."

It's certainly a struggle for the small operators. Jamie Lowell was once the majority stakeholder in Third Coast Compassion Center in Ypsilanti. It was the first licensed facility to open its doors in the state, which gives the place some bragging rights. However, the struggle to stay open in a hostile state legal environment over the years has led to new developments — one of them being that things have evolved to where Lowell has only a minority stake in Third Coast of Ypsilanti. But at least he's still in the game. A lot of people who tried to be there aren't anymore.

Things change. Lowell has been a leader in fighting to bring legalization to Michigan for over a decade and a groundbreaker in opening the state's first dispensary under the Michigan Medical Marihuana Act of 2008. But the days of the fighter are starting to give way to the entrepreneur.

"There's a new layer of folks coming out," says Lowell, who has been facilitating conferences to help people get into the marijuana business. "The feds haven't interfered much and a lot of people see this as a legitimate investment opportunity, and some people who have been sitting on the sidelines see it as a time to get in."

Lowell brings up another element on the state application. One page has a statement of understanding that applicants have to sign:

"I understand that a Michigan Marihuana facility license does not insulate or shield me or my business from federal seizure and/or forfeiture as allowed by federal law and does not insulate me from federal criminal arrest and/or prosecution. ... Choosing to establish and operate a marihuana facility pursuant to that license is done at my own risk."

Maybe this is boilerplate legal language for any marijuana facility in the country right now, but it has to give pause to anyone getting ready to put their money down to start a marijuana business — especially small players who would be ruined with such a loss. For the millionaires, it's a calculated risk that they can recover from.

The marijuana industry has been operating fairly well in states where medical or recreational markets have opened. But U.S. Attorney General Jeff Sessions has continued to rattle the sabers for the war on drugs. He held a big anti-marijuana meeting just last week, and at this point the Rohrabacher-Farr amendment protecting state medical marijuana operations from federal interference is in question. News reports regularly imply that Sessions is ready to unleash some ungodly reefer madness event to set back legalization to Nixonian levels.

So, to a certain extent, you still have to have some chutzpah to step into the arena that directly handles marijuana. You still have to look over your shoulder to see who's coming. However, there is so much potential money to be made people are willing to take the chance. Actually, that's why the black market marijuana industry exists and will continue to exist when there is legal marijuana. There is a risk-benefit analysis that a lot of folks conclude on the side of risk. That's the same reason you can still get genuine moonshine liquor.

We're definitely walking into a brave new world as it pertains to marijuana. At the same time, some things stay the same. The fight over marijuana is still not over — money is doing the talking, and you still need a lawyer.

Who really know's what will happen?

CORPORATION'S will dominate the CANNABIS MARKET'S.

We are experiencing an awaking or enlightenment period in our history.

I could be wrong?

However it seem's plausible?

 

[Baron23]

Many lack resources to fight property seizures in drug cases
Bill Laitner, Detroit Free PressPublished 6:01 a.m. ET Dec. 19, 2017

Only a few people were in a courtroom north of Detroit last week to hear the judge tongue-lash a prosecutor for delaying the return of a bank account with $11,000 that she ruled was improperly seized by drug investigators.

“I’m outraged by the way this was handled,” Oakland County Circuit Judge Rae Lee Chabot exclaimed, wilting the prosecutor.

“This hints at more than just a mistake. This continuous action hints at obstruction,” Chabot said, citing the 22 months it took to obey a court order and unfreeze the account. Chabot even slapped a fine on the prosecutor, awarding $2,500 “in sanctions” to defense attorneys, though they’d asked for three times that much.

The judicial dressing-down at this testy hearing in Pontiac offered rare insight into how difficult it can be — how time-consuming, frustrating and costly — for those on the wrong end of a drug bust to get back their property.


In this case, it was to get back the joint bank account of a mother and son — an account containing $10,938, of which $10,000 belonged not to medical-marijuana user Donny Barnes, 42, of Orion Township, but to Barnes’ mother.

It was in November 2014 that a platoon of heavily armed police seized their joint bank account, along with Donny Barnes’ two SUVs and his children’s Christmas presents, according to legal pleadings. At the same time, they shut down Barnes’ three small businesses — a furniture resale firm, a spyware shop and a medical-marijuana magazine.

But, as Barnes is quick to point out, he was not convicted of anything. A different judge, in a criminal trial in February, dismissed the only charge against him — marijuana possession with intent to distribute — after ruling that police failed to establish probable cause for raiding Barnes' house, office and warehouse.


For those who claim that Michigan — and the nation — are overdue to reform forfeiture laws, Donny Barnes could be the poster child. That’s the spin his lawyers give his case, labeling Barnes the unusual defendant with the resources to fight back against laws letting police invoke “civil forfeiture,” the seizure of property up to and including cars and houses, often without anyone being convicted.

Yet, prosecutors beg to differ in Michigan’s affluent Oakland County north of Detroit. It's a place where county drug agents are widely feared for their aggressive tactics against those involved with distributing medical marijuana, and where county officials advertise auctions every few months to sell the proceeds of drug raids — from stereos and snowmobiles to speedboats and sports cars.

Expecting to win
The Oakland County Prosecutor’s Office is awaiting a ruling on Barnes’ criminal case from the Michigan Court of Appeals, “and we fully expect to win,” Chief Assistant Prosecutor Paul Walton said. That would mean that law enforcement would regain the leverage of having had probable cause to raid Barnes’ properties — and thus get a second bite at the apple, as legal tacticians say.

The prosecutors' goal? To show that Barnes, at the time of the raid, was a big-time marijuana dealer, one who’d tried to hide his illegal activity under the cloak of medical marijuana while, at a distance, overseeing the sale of the drug to total strangers — a violation of the state law that allows “transfers” of medicinal pot from a state-registered “caregiver” like Barnes only to that caregiver's five registered “patients.”

The caregiver-transfer system dramatically evolved just last week when, on Dec. 15, the first applications were accepted in Lansing from Michiganders seeking to set up dispensaries — the term for legal shops that sell medical marijuana, referred to in a new state law as “provisioning centers.”

But Barnes’ activities in Oakland County lacked any official approval, and so the older law applied to him as it stood on the day of the raid, Walton said.

“He was operating a dispensary, clearly,” Walton said.

Donny Barnes of Lake Orion says he's a medical-marijuana user who was the innocent victim of a 2014 police raid; investigators argue that he was a drug dealer, but his criminal case was dismissed. (Photo: Eric Seals)


No matter that dispensaries have operated for years and largely without police interference in numerous other Michigan counties, including Wayne, Washtenaw and Genesee. Oakland is long identified with narrow interpretation of the state's medical marijuana act.

And with stiff penalties for marijuana cases, Barnes’ battle seems far from over. Also far from over is the debate over just how much power police and prosecutors should have in permanently confiscating the property of people who weren't convicted of any crime — and, in some cases, were never even arrested.

Wrong place, wrong time
Although civil forfeiture has been around a long time, the practice took off in the mid-1980s when Congress passed a law that allows federal and local police agencies to keep seized assets and cash believed to be tied to criminal activity, even if the owner isn’t charged with violating a law.

It’s as if someone’s car or cash was in the proverbial wrong place at the wrong time. Hundreds of state and federal laws authorize the forfeiture of property somehow linked to everything from cockfighting and drag racing to securities fraud and, most widely known, drug offenses.

Law enforcers have a powerful financial incentive to seize property because the property becomes a significant revenue source for police budgets, above and beyond their limited public support from tax revenues.

As civil forfeiture became more widely understood, and, some say, abused, critics have stepped forward from across the political spectrum. They range from champions of civil liberties on the left to Libertarian protectors of private property on the right. Perhaps, as a result, forfeitures nationwide and in Michigan have been ebbing.

According to an overview by the U.S. Department of Justice website, through the five years ending in 2016 — the most recent data available — the number of seizures of civil property by federal authorities and their “local law-enforcement partners” dropped by 27%. The overview goes on to complain that the drop in seizures means that less cash and "salable goods" flowed into federal law-enforcement coffers, reducing the amount that the federal Assets Forfeiture Fund "can afford to spend on law enforcement operations,” and also meaning that “payments to state and local law enforcement partners have been markedly lower.”

Still, the police at the local, county and state levels can make their own seizures, then use them to bolster their budgets. Michigan police agencies reported having seized $15.2 million in cash and property in the last 11 months of 2016 — skipping January because a new reporting system kicked in on Feb. 1, according to the State Police. Although that amount is considerable, it's a big drop from the $26.5 million in cash and other assets seized statewide in 2012, according to a State Police report from June 2013.

Citing the most recent report, State Police said that in about 10% of the 5,290 cases reported — that is, in 523 cases — the person whose property was seized "was not charged with a violation for which forfeitures were authorized.” Translation?

"Many persons accused of crimes cooperated with authorities, resulting in criminal charges not being pursued," the report explained.

Yet, there’s another way to view that statistic.

“That’s the deal that law enforcement strikes with the many people who lack means to defend themselves, and so they choose giving up their property when they’re threatened with a criminal trial and possibly going to prison if they lose,” said attorney David Moffitt, one of several lawyers who has represented Donny Barnes.

It was Moffitt who last week pushed for sanctions against the Oakland County assistant prosecutor in Barnes' civil forfeiture case.

“My client is different — he has the means to hire me and other attorneys to fight the totally unjustified seizure of his property," Moffitt said. He added: "This case is showing that when people are able to do that, the unbridled power of the police and prosecutors to use drug forfeiture laws can be brought to heel.”

To get back the joint bank account of about $11,000 he had with his mother, Barnes said he "probably spent almost $100,000 in attorney fees.”

Barnes has been in court dozens of times over his two tandem cases, one, the criminal charge that was dismissed, the other, his ongoing civil-forfeiture fight. He still seeks the return of the rest of his property, but that must await the state Appeals Court's ruling on his criminal case, he said.

"This is my family's fourth holiday season dealing with this," Barnes said.

He called himself a crime victim who'd had "guns held to my head" and said "my family's been robbed" of property and money.

In recent years, lawmakers in Lansing and Washington have proposed changes to reel in forfeiture laws, although U.S. Attorney General Jeff Sessions — who famously called marijuana "only slightly less awful than heroin" — reversed an Obama administration rule meant to discourage civil forfeitures.

Changing Michigan's laws
In Michigan, the pushback against civil forfeiture has been led by state Rep. Peter Lucido, a Macomb County Republican.

Forfeiture was added to state and federal law because "this was going to reduce drug trafficking, and we can clearly see that it failed," said Lucido, a former probation officer and veteran criminal defense attorney.

To reform forfeiture in Michigan, the Legislature passed two of Lucido's bills, one requiring more than a minimum of evidence to make a forfeiture case stick, another eliminating the 10% bond that property owners had been forced to post "even to make a claim to that property — they still had to fight for it in court," Lucido said.

His latest effort is a bill that says authorities must convict a defendant before that person’s property can be permanently confiscated.

"I completely agree that a criminal should not profit from crime. But by the same token, do we want police taking somebody's stuff who turns out not to be a criminal?" Lucido said Sunday.

"Most states are going back to what's called conviction before a taking," he said.

Lucido's proposal, House Bill 4158, was stuck this year in the House Judiciary Committee — so now he hopes for a vote on it in 2018, he said.

I have long despised civil asset forfeiture as a complet pox on any concept of democracy. It needs to stop, stop now, and yes....the cops and prosecutors tend to do this shit to people who can't afford to fight them. I assure, they ain't doing here in Potomac, MD outside of DC where half the population seems like its in the legal field.

 

[Baron23]

Wow, there seems to be a NIMBY contingent for every frakin' action....so, guess we should expect to see it in MMJ also. sigh


Marijuana regulation sparks conflict in Muskegon-area community
EGELSTON TOWNSHIP, MI - Several communities in Muskegon County have been chomping at the bit to take advantage of a new set of rules that will allow them to regulate the growth and, in some cases, the commercial sale of medical marijuana.

One of those municipalities is Egelston Township, a largely rural part of eastern Muskegon County stretching over 35 square miles with less than 10,000 residents. Egelston, the city of Muskegon and Muskegon Heights all voted to allow medical marijuana facilities, but each are at an impasse on how to regulate them.

But unlike the others, the Egelston ordinance is mired in conflict, perpetuated by old feuds, bad blood and two diverging camps: those who forcefully support the ordinance, and those who are fighting tooth and nail to stop its passage if growers can plant roots near residential neighborhoods.

The tension has boiled over from private conversations between residents and their elected officials to fraught bickering during public meetings. Accusations have flown about perceived conflicts of interest and favoritism toward prominent business owners looking to capitalize on marijuana - all of which the township denies.

Township Supervisor John Holter said the situation is "unfortunate," a bizarre byproduct of emotions running high over a controversial issue. The attacks on township officials have become personal, Holter said, as residents drag past grievances with old friends to the forefront of township politics.

But for some denizens of Egelston Township, the low decorum is, in their opinion, nothing new.

A fight over drug-free neighborhoods

Michigan's Licensing and Regulatory Affairs department issued a new set of rules earlier this year that allow municipalities to regulate medical marijuana on their own terms.

At the heart of the struggle in Egelston Township is a fight over whether growers should be allowed to operate in residential neighborhoods.

As written, the proposed ordinance allows processing facilities in I-1 and I-2 industrial zones, provisioning centers in C-1 and C-2 commercial zones and growers in R-5 residential districts or I-1 and I-2 zones. Facilities must not be located less than 1,000 feet from a school, church or licensed day care facility.

The ordinance would also regulate how medical marijuana is distributed to Egelston Township patients and would discourage unregulated sales.

Janet Brott and several other residents are leading the charge against the growing in R-5. She doesn't disagree with the medical benefits of marijuana, but she does not want it grown in her neighborhood.

"We already have medical marijuana caregivers in our township. There's never been any complaints," Brott said. "They claim it's to help people, but we already have that here.

"We don't want dispensaries and we don't want growing facilities (in neighborhoods)."

Holter said Brott's concerns are valid, but said he believes the township will be able to control its production while also helping patients who rely on marijuana as medicine.

Only a few residents have spoken against the R-5 allowance at public meetings. Brott chalks their reluctance to "nasty" interactions with elected officials on social media and in private conversation, which she said amounts to intimidation.

Those interactions have been wars of words between a number of residents, Treasurer Kelly Giddings-Gerard, township trustees and planning commissioners.

In most cases, both sides have had their fair share of less than civil things to say about each other.

At a Nov. 14 Planning Commission meeting, things got heated between the pro and anti-medical marijuana factions. A public hearing on the ordinance was held that evening. Both Brott and resident Angela Hobby-DeCormier spoke out during public comment. They also sat together near the back of the room, with Holter sitting close behind them.

Both groups, including some planning commissioners, yelled or whispered angrily at each other throughout the course of the meeting.

Conflicts of interest

Compounding the issue is a perceived conflict of interest that Brott said has clouded the township's judgment on medical marijuana.

The controversy surrounds Gerard, who was elected in 2016, and her son, Justin Giddings, a licensed medical marijuana caregiver who intends to become a commercial grower in Egelston Township.

As an elected official, Gerard has a vote on the township board.

Brott and other residents say they believe that Justin's intention to become a commercial grower is a major problem, and that Gerard should have recused herself from the township's July vote to opt in. She also wants Gerard to recuse herself from any future vote on the ordinance.

Gerard said she is legally obligated to vote on the measure and that there is no conflict of interest - and she has the legal documentation to prove it.

At one point in the last few years, Justin began growing medical marijuana at Gerard's home in a pole barn in the backyard, Gerard said. Justin planted there, she added, because he lives near a school.

The state's 2008 Medical Marihuana Act does not prohibit caregivers from growing near school zones, but federal law prohibits drugs or other controlled substances from being within 1,000 feet of a school.

Justin has since moved his operation elsewhere, Gerard said, and hasn't grown marijuana there for several months.

Gerard said she does not stand to gain financially if her son becomes a commercial grower.

Under pressure from residents who know about Justin's operation, Gerard sought the advice of John Schrier, the township's corporate counsel from Parmenter O'Toole. Schrier is also the corporate counsel assigned to the city of Muskegon.

In an email dated Wednesday, Oct. 11, Schrier wrote that because Justin does not live with Gerard and will not share his profits with his mother, there is no legal conflict of interest. The email was provided to MLive-Muskegon Chronicle by Holter and Gerard.

"(Gerard) does not have a financial interest in the Township's decision," Schrier wrote. "Because (Gerard) does not have a conflict, (Gerard) has an obligation to vote on a proposed ordinance, assuming (Gerard) is present at the meeting.

"As a practical matter, where an elected official does not have a conflict but feels voting is inappropriate, i.e., if it involves the individual's employer, church friend, relative, enemy, competitor, etc., public bodies will allow disclosure of the reason and consider a request to be excused from voting."

Schrier continues by saying the township can "then decide whether to force the person to vote or allow the person to abstain."

Gerard said she has considered recusing herself from a final vote, but Holter said he believes trustees, seeing no conflict, will force her to vote on the proposed ordinance to allow growers in residential neighborhoods.

Hobby-DeCromier is another opponent of medical marijuana in residential neighborhoods, and has joined Brott's calls for Giddings to recuse herself.

Both Gerard and Hobby-DeCromier, during recent, separate interviews, have acknowledged they used to be good friends and have had business dealings in the past - Hobby-DeCromier leased a show horse from Gerard some years ago, which ended in bad faith on both sides and resulted in a broken friendship.

Work continues to perfect ordinance

Despite multiple speed bumps, a draft of the ordinance is currently under legal review. The next step is to put it before Holter and the board for a final vote.

Holter said it was unlikely that township trustees will get to see a final draft of the ordinance until the first part of 2018.

The legal review, Holter said, is a part of the township's process. But outgoing Planning Commission Chairman Rob Gustafson and Commissioner Barb Woudwyk, who voted against the measure on Nov. 14, were vocal about giving the oridnance to Schrier before passing it along.

Both Gustafson and Woudwyk's terms expire in 2018, and have not been recommended for reappointment. Township trustess voted on Monday during their last regular meeting of 2017 to appoint Cariann Avery and Don Darke to fill the empty seats.

A third planning comissioner, Lois Gunther, resigned on Dec. 18, as well. Holter said Gunther decided to retire because she is moving out of Egelston Township in the near future.

A special meeting is scheduled for Wednesday, Dec. 20, to appoint her replacement.

Brott and several residents say the decision to move on without Gustafson and Woudwyk was politically motivated because of their comments about medical marijuana - a claim that Holter vehemently denies and called patently false.

"These accusations are no more than personal and political attacks on myself and other Board members and are baseless," he said.

Holter added, according to state staute, it is the responsibility of a supervisor to recommend or not recommend names to the township board, which has the final say.

 

[momofthegoons]

18 marijuana businesses in Ann Arbor allowed to temporarily operate
Updated Dec 22, 6:30 AM; Posted Dec 22, 5:35 AM

ANN ARBOR, MI - Ann Arbor is agreeing to let 18 medical marijuana businesses in the city temporarily operate without licenses while they go through the process of seeking licenses from the state.

The City Council unanimously approved the measure this week, while finalizing new zoning regulations for marijuana businesses.

The city's zoning regulations, which take effect Feb. 12, have been several months in the making.

"We've been working pretty hard on this for a while now," said Council Member Chip Smith, D-5th Ward.

City officials say they welcome the marijuana dispensaries that have sprouted in recent years, noting they provide goods and services that are overwhelmingly supported by the local community.

But there's no guarantee that all 18 marijuana businesses on the city's list of existing facilities will get city permits to continue operating, even if they obtain state operating licenses.

Some have been in operation for years, while others are newer. They're allowed to continue operating and serving patients while they go through the state's new licensing process, but they also will have to separately comply with the city's rules.

The only issue of debate at the council's meeting Monday night, Dec. 18, was how close to one another marijuana dispensaries -- also called provisioning centers -- could be.

To avoid creating districts with clusters of dispensaries, the city previously considered a 1,000-foot minimum buffer distance between dispensaries before lowering it to 600 feet.

Council Member Zachary Ackerman, D-3rd Ward, advocated for increasing it to 800 feet Monday night, saying 600 feet would allow about one per block and some think that's too dense.

Ackerman was outnumbered, as the council voted 7-4 to stay with the 600-foot spacing requirement.

The three others who supported Ackerman's call for a larger buffer were Chuck Warpehoski, Jane Lumm and Sumi Kailasapathy.

Warpehoski, D-5th Ward, said if someone was to drive along the Maple/Stadium corridor from Dexter Avenue to Pauline Boulevard and there were 10 different dispensaries along that one strip, which there aren't now, it would feel a bit like a "green-light district."

He said dispensaries provide a service the community supports, but having the right concentration is important so there isn't backlash that feeds into "prohibitionist tendencies."

Council Member Jack Eaton, D-4th Ward, argued against a larger spacing requirement, saying it would disadvantage at least one medical marijuana business that has been waiting to operate legally but would be within 800 feet of another dispensary.

Eaton, a newly appointed member of the city's medical marijuana ordinance review committee, previously proposed reducing the required buffer to 400 feet.

He said he's been speaking with people in the industry, including current operators and those who plan to open once it's legal.

"And it's kind of a balance that we're facing," he said. "I don't believe that we should act in a manner that disadvantages people who have waited for this to be legal. Technically the people who are operating now are doing so without the authority of law, and yet it's important to me that their customers have continued access to these materials, but not in a manner that disfavors people who have actually waited in the wings, hoping that it would become legal."

Mayor Christopher Taylor said the dispensaries operating in the city have been good neighbors. He said people in the community are not shy about raising concerns with council members on various city issues, but he hasn't heard concerns about dispensaries.

"I'm very optimistic that this industry is going to result in a lot of good new jobs and tax revenue, and most importantly, services to patients," said Council Member Anne Bannister, D-1st Ward.

"I think through the hospital and the medical advances that are being done, doors are opening for a lot of patients to receive better care through this industry, and I think Ann Arbor is wise to open up and welcome these groups with the 600 feet."

The Michigan Department of Licensing and Regulatory Affairs, also known as LARA, issued emergency rules on Dec. 4 for the purpose of implementing the Medical Marijuana Licensing Act of 2016, which provides a state regulatory structure to license and regulate medical marijuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities.

Starting Dec. 15, which was last Friday, people can apply to LARA for state operating licenses for such businesses. As allowed under the rules, Ann Arbor is allowing existing marijuana businesses to continue to operate temporarily while they seek state licenses.

The city compiled a list of 18 medical marijuana facilities in Ann Arbor, including 13 dispensaries scattered around the city, one safety compliance facility known as PSI Labs at 3970 Varsity Drive, a nearby processing facility at 3940 Varsity Drive, another processing facility known as the Detroit Fudge Company at 2251 W. Liberty St. that the city determined was not in compliance with the proposed zoning, and two other facilities in the process of opening.

The facilities in the process of opening include the Huron View dispensary at 3152 Packard and a processing facility known as Arbor Kitchen LLC at 124 W. Summit St.

The 13 other dispensaries include:

• Peoples Choice, 2245 W. Liberty St.
• Arborside, 1818 Packard St.
• Ann Arbor Health Collective, 3060 Packard St.
• Treecity Health Collective, 2730 Jackson Ave.
• Om of Medicine, 112 S. Main St.
• Arbors Wellness, 321 E. Liberty
• Green Planet, 700 Tappan Ave.
• Live Wellness and Cafe, 603 E. William St.
• Greenstone Society, 338 S. Ashley St.
• Bloom City Club, 423 Miller Ave.
• The Green Door, 410 E. Liberty St.
• Medicine Man of Ann Arbor, 2793 Plymouth Road
• PR Center LLC, 3820 Varsity Drive

According to the city, The Green Door is 550 feet from Liv Wellness and 410 feet from Arbors Wellness, which already submitted a license application to the city back in 2011, so The Green Door may not be able to continue operating on Liberty Street.

The house on Liberty Street where The Green Door has operated is now being advertised as available office space.

Eaton said he intends to propose some changes to the zoning regulations in the next year, including possibly having different spacing requirements for dispensaries in the downtown versus outlying areas such as the Stadium Boulevard corridor.

 

[momofthegoons]

There is an interactive map in the article that shows how each city feels about this in the article that wouldn't download.

Few Michigan cities decided to let the weed flow
Kathleen Gray and Kristi Tanner, Detroit Free PressPublished 6:00 a.m. ET Dec. 28, 2017 | Updated 8:33 a.m. ET Dec. 28, 2017

When Harrison Township votes on its medical marijuana ordinance next month, there is expected to be little opposition to the plan to allow a couple of dozen cannabis businesses into the Macomb County community.

“At last check, we had 18 legitimate grow operations in the community. At a minimum, if there is an existing business, why would we tell the owner, 'You have to evict your tenant?'” said township Supervisor Ken Verkest. “This is a great source of revenue for us. Whether you like it or not, it’s coming. Isn’t it better to eliminate these black market, cash-only guys?”

It's a different story in Oakland County’s Oakland Township, where township Supervisor Dale Stuart says medical marijuana businesses will never be welcome.

“We have limited business space in Oakland Township. We’re primarily a residential community,” he said. “This community has no interest in having marijuana dispensaries.”

Since the state Legislature passed bills last year to regulate and tax medical marijuana, communities have been grappling with whether they want the cannabis businesses in their town.

The state, which is expected to begin awarding licenses to the lucrative medical marijuana businesses next spring, won’t put a limit on the number of licenses that are available or handed out to entrepreneurs and businesses.

So that leaves it up to cities, villages and townships in Michigan, which are authorized to allow or prohibit medical marijuana businesses, to determine how much medical weed there will be in the state.

The Detroit Free Press put calls out to nearly all of the 127 communities in Wayne, Oakland and Macomb counties to see what their stance is on medical marijuana businesses. Of the 73 that returned calls, only five communities in the three counties — Detroit, where a voter-passed ordinance takes effect Jan. 4, Inkster, River Rouge, Lenox Township and Orion Township — have passed ordinances that will allow medical marijuana businesses in their towns.

Several dozen communities across the state, especially rural communities with lots of empty industrial space, have passed ordinances and are anxious to capitalize on the new market. Bay County's Bangor Township, for example, passed an ordinance that will allow for up to 100 grow licenses and 15 dispensaries for the town that has a population of 14,641 people in a county that has 2,327 medical marijuana card holders.

No gold rush
The slow pace of license applications for medical marijuana businesses —there have been only 72 applications filed with the state since they started accepting applications on Dec. 15 — is partially explained by the provision in the law that puts local communities in charge of the new industry in the state. That industry is estimated to have more than $700 million in sales and $21 million in tax revenues.


Many communities in the state - 85 outside of metro Detroit - have decided to prohibit medical marijuana in their towns. Those decisions have come knowing that the communities will be foregoing the taxes generated for the state and communities in the form of sales taxes, fees and property taxes paid by the businesses.

Meanwhile, 38 communities outside of Wayne, Oakland and Macomb counties have decided to opt in, allowing medical cannabis, and the tax dollars they'll create, into their towns.

The state was ready for a rush of entrepreneurs when it began accepting applications on Dec. 15. The state Department of Licensing and Regulatory Affairs set up rope lines at its Lansing offices and four windows with employees ready to accept applications and the $6,000 fee required for a business person to get their foot in the door.

That first day, only nine people showed up at LARA offices to turn in applications. Since Dec. 15, only eight people have filed full applications that include approval from communities and an identified location for the business that is needed before a license can be awarded by the state. The other 55 applications have been of the pre-qualification variety, which means the state can do all the background checks on the business owners, but they can’t be considered for a license until they get the necessary approval from a community that's passed an ordinance.

“It’s been difficult for locals to do their part until we did our part,” said David Harns, spokesman for LARA, noting that the state didn’t release the full rules that will regulate the new industry until earlier this month. “We figure the local municipalities are saying let’s wait and see what the state is doing and we expect the local municipalities will come on board relatively soon.”

How many?
In Detroit, people won’t be able to apply for city approval until the ordinance approved by voters in November goes into effect on Jan. 4. And it’s unknown yet how many licenses will be available, said city Corporation Counsel Butch Hollowell.

Zoning requirements and the 500-foot barrier between medical marijuana facilities and schools, daycare centers, churches and parks will help determine the number of licenses, Hollowell noted.

“But this is the will of the voters and city is proceeding along those lines,” Hollowell said.

In Orion Township, where medical marijuana businesses will be relegated to an industrial park on the south side of the township, 12 licenses will be made available: 6 Class C growing licenses, which will allow for 1,500 marijuana plants, and two licenses each for processors, testers and secure transporters.

Like many communities in the state, no dispensaries will be allowed in the township, said Supervisor Chris Barnett.

“That’s something our board took the position that we wanted to walk before we ran. That’s the one category that we considered to be more disruptive and a challenge for public safety,” he said.

Another 10 communities — Troy, Ferndale, Waterford, Hazel Park, Walled Lake, Warren, Harrison Township, Harper Woods, the cities of Wayne and Romulus — are working on how many businesses they’ll allow and are expected to pass ordinances early next year.

“We’re going to participate, but we decided to pause a little bit to wait for the state to fully develop their rules,” said Ferndale Mayor Dave Coulter. “The question is, what licenses do we want to offer and how many.”

The city has some practical considerations, such as the lack of available space for growing operations and the desire of the community to allow dispensaries.

“That’s the one they care the most about,” Coulter said. “They want to have local, safe and convenient access to medical marijuana.”

In Harrison Township, the board will consider a proposal to allow for 18 growing locations, 18 processing licenses, and five licenses each for transporters and testers. But they don’t want dispensaries in the township.

“The voters approved medical marijuana, not because a majority of them used it, but they don’t want to take away the rights of others who need to use it,” Verkest said. “But here we don’t want it shoved in our face. If you want to grow something, go ahead, but don’t put a store at the end of my street.”

No room for pot
More than two dozen towns in the three counties have said they don’t want medical marijuana businesses in their communities. And 27 more have not brought up the issue for a vote, saying they either have no interest in the business whatsoever, or they want to see how the business atmosphere shakes out in other communities that have decided to let weed flow.

“For right now, we’re standing pat and not allowing it,” said Jerome Hanna, director of inspections for the City of Livonia. ”But I’m not sure where it will go in the future.”

In Chesterfield Township, Supervisor Daniel J. Acciavatti said he has been getting bombarded with calls from businesses that want to move into the Macomb County community.

“But there’s not a lot of desire by our board to take any action now or anytime soon,” he said. “But we’ll have to see what happens with other communities. If attitude changes here, I guess it’s something to look at. But it’s an issue that’s just not ready yet.”

And in Brownstown Township, leaders want to wait and see if anyone sues over the law before jumping in to the medical marijuana business.

"I don't feel it's a good use of taxpayer money to litigate the matter," said Supervisor Andy Linko. "There are too many loopholes that the pro- and anti-marijuana people want to exploit."

Other communities are taking a much harder line against medical marijuana. Kevin McNamara, supervisor of Van Buren Township, said his community is doing just fine without weed.

“We feel there’s a negative connotation for the community. We don’t believe premier communities are going to embrace medical marijuana,” he said. “And the police tell us that it would cost us more in enforcement than we can collect in taxes for it.”

In northern Oakland County, Rose Township Supervisor Dianne Scheib-Snider said her community has little room for such businesses.

“We felt we’re a bedroom, farming and family community,” she said. “And we didn’t think anyone raising a family would want that in their backyard.”

West Bloomfield Township Steven Kaplan said the township is willing to forego the tax revenues that would come from medical marijuana.

“The seven board members have taken a policy stand that businesses of this nature are not beneficial to the community,” he said. “Maybe 10 businessmen have contacted us hoping that we would relent, but we feel strongly about this issue.”

Commerce Township Supervisor David Scott not only is adamantly opposed to medical marijuana in his community, but he’s called the police on businesses in nearby communities and hopes they won’t pass ordinances allowing medical cannabis businesses.

“We’re not going to have any of the commercial opportunities here whatsoever and I’m hoping and praying our neighbors do the same,” he said. “We have not found a legitimate operation yet.”

In Westland, the recovering economy means that the industrial parks are pretty much full and retail corridors are either full or nearly so, said Bruce Thompson, building and planning director. So medical marijuana is something the city doesn’t necessarily need right now.

“But I get multiple inquiries every week, no question about it,” he said of business people hoping to bring their medical marijuana businesses to Westland. “I take their information, just in case.”

There is no deadline to file applications with the state for medical marijuana licenses. Once background checks are done next year, the Michigan Medical Marijuana Licensing Board will begin issuing licenses starting in the first quarter of 2018.

While the issue facing communities today is only medical marijuana, a group pushing a ballot proposal to legalize marijuana for adult recreational use has turned in more than 350,000 signatures to the Secretary of State to get the issue on the November 2018 general election ballot. If it passes, Michigan would be the ninth state and the second largest in the country to legalize marijuana for all uses.

Outstate communities saying yes
Outside the three-county area, these communities will allow medical marijuana businesses: Cities: Bangor, Niles, Ypsilanti, Buchanan, Clare, Evart, Lansing, Vassar, White Cloud, Marshall, Morenci, Newaygo.

Townships: Leoni, Mueller, Carp Lake, Pleasant Plains, Acme, Au Gres, AuSable, Bangor, Crockery, DeTour, Frederic, Gibson, Humboldt, Kalamazoo, Kawkawlin, Parma, Pinconning, Sharon, Windsor.

Villages: Kalkaska, Breedsville, Carleton, Chesaning, DeTour, Eau Claire, Webberville.

 

[momofthegoons]

LARA Issues New Medical Marijuana Patient Applications, Warnings
By admin On December 28, 2017December 28, 2017 In News

by Rick Thompson/December 28, 2017

LANSING– In a press release issued on December 27, the Michigan Department of Licensing and Regulatory Affairs (LARA) has changed the patient and caregiver applications for the medical marijuana program and is warning patients about misinformation being given by certification centers and other entities.

The press release is titled, “LARA Advises Patients on Michigan Medical Marihuana Program Registration Process”. LARA is the department which facilitates licensing and discipline of registered professional services in Michigan, among other things. Within LARA, all the medical marijuana programs are housed in the Bureau of Medical Marihuana Regulation (BMMR). That includes two separate programs: the Medical Marihuana Program (MMMP) created in 2008 to govern patients, and the Facilities Licensing Act (MMFLA) from 2016, which is a business program currently in development.

NEW APPLICATIONS

“The MMMP has new, revised applications and forms available on the MMMP website at www.michigan.gov/mmp. Applicants, registered patients, and registered caregivers are required to use these forms effective February 1, 2018,” according to the press release. “Failure to use the new forms after that date will result in a denial or the form being rejected. Those submitting an application or request for changes to his or her registration should only download forms from the MMMP’s website.”

The press release describes various ways in which patients can safeguard themselves from accidental conflicts with law enforcement, and issued guidance on how to correctly submit applications or to re-submit after an application has been denied.

“Individuals with questions regarding the MMMP’s application and registration process should communicate directly with the MMMP by reviewing the FAQs on the MMMP website at www.michigan.gov/mmp, emailing LARA-BMMMR-MMMPINFO@michigan.gov, or calling 517-284-6400.”

Any patient designating a caregiver now must pay $25 at their time of registration for a total fee of $85.00. The patient application must include a copy of the caregiver’s personal identification and their signature. Patients who do not designate a caregiver are still charged $60 for a two-year medical marijuana registration. Patients who change caregivers during their 2-year registration process are now charged $35.00. Patients who need to change their plant possession designation must pay $10 and fill out a new form.

The application now divides the named ailments and illnesses which the medical marijuana program designates as qualifying conditions into three different categories. Category A are the eight named conditions contained in the Medical Marihuana Act: Cancer, HIV/AIDS, Hepatitis C and others. Category B are the general sufferings which the majority of the medical marijuana program’s applicants cite: severe/chronic pain, nausea, muscle spasms and the like. New is the Category C designation for the only named illness of a mental state: Post-Traumatic Stress Disorder.

Adult patient and minor patient forms can be found at the MMMP’s website HERE.

The new applications contain a warning, directly above the line where the patient’s signature must appear: “I understand that falsified or fraudulent information may be reported to law enforcement and result in criminal prosecution.”

ADVISORY WARNING TO PATIENTS, CAREGIVERS

As businesses in the patient services industry become more prominent the names used may make it difficult for the state’s ill and injured to distinguish between commercial entities and government-run programs, the press release implies. From the press release:


MMMP is not affiliated with any third-party business operations, “dispensaries,” provisioning centers, caregivers, or certifying physicians and is not associated with any business operation that uses the terms “Michigan Medical Marihuana Program” or “MMMP” in their name or advertising.

Additionally the press release offers advice to new patients who legally pay a physician to validate their need for medical marijuana. Often these certification services tell patients that they may begin acquiring cannabis immediately upon receiving the doctor’s recommendation, which is incorrect information, per LARA.

“Third-party business operations which tell patients that their application and physician certification serve as a temporary registration card are putting the patients at risk of possible arrest. As outlined in the MMMA, a patient or caregiver must present their valid registry identification card and a valid driver license – or government-issued identification card with photo – to law enforcement to be protected from arrest.”

It is best to wait until the registrant has received their ‘hard card’ before transferring cannabis, according to LARA’s press release. When the MMFLA’s medical marijuana business community is up and running, any purchase made at a provisioning center will require the presence of a hard card and a patient identification number.

“BMMR recommends that applicants wait until they receive a registry card before engaging in the medical use of marihuana.”

Another advisory involves the retaining of personal patient information by certification services, distribution centers and other ancillary businesses.

“Patients should not allow other individuals or third parties to submit their applications or any other documents to the MMMP,” the advisory suggests. “Patients should not allow other individuals or third parties to retain copies of their documents, state-issued driver licenses, personal identification cards, or voter registrations as that increases the possibility of fraudulent submissions.”

The press release does not detail any issues with fraudulent applications or reveal the frequency with which these applications are received. A recent report verifies that LARA revoked no registry cards during Fiscal Year 2017 for any of the 269,553 patients or the 43,183 caregivers enrolled in the system, indicating fraudulent entries are not a problem at this point.

Although the MMMP and the MMFLA are two different programs, they will intersect at the time when retail establishments are open to sell medicinal cannabis to registered patients and caregivers through dispensaries, called provisioning centers in the new law.

“While there are currently no licensed provisioning centers in the state of Michigan, patients who wish to acquire medical marihuana or medical marihuana-infused products from licensed provisioning centers in the future must first present a valid registry identification card at the time of purchase,” the press release points out.

 

[momofthegoons]

There's so much in this article that's disturbing.... but this quote sums it up:
"Tim Beck, who helped write the original voter-approved law, said using registration fees to fund police raids is an “existential insult” to medical marijuana patients that suggests they pose a “threat” to the public."
Considering that Oakland County (which has zero dispensaries) spent the second highest amount in the state on 'enforcement' is ludicrous.

Medical pot enforcement higher ahead of new law
Published 10:56 p.m. ET Jan. 1, 2018

Lansing — County sheriffs across Michigan are using excess state revenue from medical marijuana patient and caregiver fees to beef up enforcement as the state prepares to license dispensaries and related pot businesses in communities that want them.

Law enforcement agencies in 54 of Michigan’s 83 counties received a combined $1.83 million in medical marijuana enforcement grants from the state in 2017, according to a new legislative report. The grants financed spending on overtime pay, grow house raids, vehicles, surveillance equipment, firearms, Tasers, tactical gear and more.

The state doled out more than twice the amount of enforcement grant funding than in 2016, when 18 counties applied and spent a combined $823,376. A spokesman for the newly formed Bureau of Medical Marihuana Regulation says the state did a better job promoting grant funding this year, in part by reaching out to county, sheriff and prosecuting attorney associations.

Legislators created the grant program three years ago, allowing the state to distribute registration fee revenue to county law enforcement agencies proportionally based on the number of local patients and caregivers. The 2018 budget signed by Gov. Rick Snyder in July includes another $3 million in potential grants, which sheriffs needed to apply for by Monday.


Law enforcement officials say the funding is critical to enforcing the state’s 2008 medical marijuana law, which allows patients and caregivers to grow a limited number of plants but did not anticipate the glut of marijuana businesses that popped up. The state will begin licensing and regulating those operations this year.

The state grants have helped the county increase patient and caregiver compliance, said Mike Jaafar, chief of operations for the Wayne County Sheriff’s Department. Two years ago, many individuals leaving unlicensed dispensaries were not properly registered, but “that trend has flipped” due to enforcement checks, he said.

“There’s no doubt in my mind it’s because of the funding,” Jaafar told The Detroit News. “We wouldn’t be able to do what we did without the funding.”


But Tim Beck, who helped write the original voter-approved law, said using registration fees to fund police raids is an “existential insult” to medical marijuana patients that suggests they pose a “threat” to the public.

The fees were designed to pay for administration and oversight of the law, but Beck said he never imagined they would fund county sheriffs. Some activists have called on the state to lower the fees again after having done so in 2015, but Beck would rather see the state spend the money on other priorities.

“They have an embarrassment of riches, and they don’t know what to do with the money except buy more gear,” said Beck, arguing sheriffs already receive enough money to enforce state laws. “This was a sop to law enforcement for whatever reason, and that’s all it is.”

The Department of Licensing and Regulatory Affairs in 2015 reduced fees for most patients from $100 to $60 for a two-year license, but registrations continue to generate excess revenue for the state. The marihuana registry fund has a balance of $34.2 million, said bureau spokesman David Harns.

“We are continually assessing administrative costs to determine if any further changes to patient fees need to be made,” Harns said.

Seeing green

Under a Michigan Supreme Court ruling and revised state law, medical marijuana can only be licensed in communities that want pot. At least 33 communities — or about 1 percent of the state’s more than 2,500 municipalities — had approved ordinances allowing medical marijuana businesses by mid-December.

In other areas, police and county prosecutors have effectively treated medical pot as an illegal narcotic and a public safety issue under state and federal laws, raiding and closing dispensaries from Grand Traverse and Kent counties to St. Clair County near Metro Detroit.

More than 47 percent of the state grants awarded in 2017 went to Wayne, Oakland and Macomb counties, where sheriff offices spent a combined $871,234 in supplemental funding to enforce the 2008 medical marijuana law.

In Wayne County, home to 44,520 registered patients and 6,199 caregivers, Sheriff Benny Napoleon’s office spent $437,826 in enforcement grant funding, the largest total in the state.

The agency reported spending $208,707 on three undercover sedans, a pickup truck, eight surveillance cameras, eight protective vests, eight Tasers with holsters and four mobile radios. Another $64,528 was used to pay three officers, three sergeants and one lieutenant who conducted undercover surveillance on six Detroit dispensaries and stopped 248 vehicles leaving those shops in July and August.

As a result, Napoleon’s office said it impounded 174 vehicles, issued 150 tickets, served eight felony arrest warrants and made three felony arrests for individuals illegally carrying concealed weapons in their vehicle without a proper license.

Wayne County authorities also reported confiscating 1,674 grams of marijuana, along with three bottles and two brownies infused with tetrahydrocannabinol, the active chemical compound in the drug.

The office of Oakland County Sheriff Mike Bouchard, who has advocated for the funding, spent $306,698 of its state enforcement grant in 2017, the second highest total in the state. Oakland has 31,587 registered patients and 4,679 caregivers.

Bouchard’s office reported spending $141,326 on overtime pay in medical marijuana investigations, $133,930 on surveillance equipment for a new van and $35,830 on 30 protective raid helmets.

The surveillance equipment, purchased from a company based in California, will allow the sheriff’s office to “drop the van” at suspected illegal grow sites for remote monitoring, cutting down on officer hours during what can be lengthy investigations, said Lt. Brent Miles.

“A lot of we do is working off tips or complaints,” Miles said. “It takes a lot of personnel to watch and see if somebody’s committing a crime and who’s coming and going. The van is invaluable.”

Macomb County Sheriff Anthony Wickersham’s office reported spending $150,747 of the $274,643 in enforcement grant funding it could have qualified for, the third highest total. The county has 11,558 registered patients and 1,364 caregivers.

The Macomb grant was divided between the Sheriff’s Enforcement Team, the County of Macomb Enforcement Team and the Shelby Township Police Department. They reported spending a combined $92,547 on overtime and fringe benefits for investigators.

The agencies spent a combined $58,199 on equipment, purchasing a 2017 GMC Yukon and trailer to haul plants, a storage container and a “Blackhawk Tactical Entry Kit” for use entering locked homes or facilities.

Bracing for new rules

Expense reports submitted to the state provide a unique glimpse into enforcement of the 2008 medical marijuana law.

Sheriff offices in several counties reported spending grant money to assist with Operation Hemp Flight, part of a federal Drug Enforcement Agency effort to find and “eradicate” illegally grown marijuana.

In 2016, the most recent year for which statistics are available, 369 outdoor grow sites and 207 indoor grow sites were identified in Michigan as part of the federal Domestic Cannabis Eradication / Suppression Program.

In Lenawee County, Sheriff Jack Welsh’s office said the grant funding has aided a multistate investigation that involves Michigan Attorney General Bill Schuette’s office and the DEA. The ongoing probe allegedly involves multiple growers who are transporting marijuana out of the state.

“This appears to be common practice in our area since we border Ohio,” Welsh wrote in a report to the state. “Licensed caregivers and persons with cards are growing and manufacturing more product than they can legally. The overage is being taken to Ohio and sold for profit.”

Authorities in Oakland and Macomb counties also told state officials they are wary of caregiver “overages” as home growers improve their processing techniques to get more usable marijuana out each plant they grow. Revised state law is legalizing dispensaries this year, but new rules still preclude patients and caregivers from selling extra marijuana to those businesses.

“We’re hoping that when the provisioning centers open up and people can purchase their marijuana there, it will eliminate a lot of the other stuff,” Miles said. “But you always have a bad element somewhere that’s going to work outside of that.”

There were 269,553 registered medical marijuana patients in Michigan as of October, up 23 percent from 218,556 a year earlier. Nearly 80 percent of the patients were prescribed marijuana to treat severe and chronic pain, according to state records. Nearly 19 percent registered to treat several and persistent muscle issues.

While caregivers will be allowed to continue growing a limited number of plants, Michigan is poised to begin issuing licenses to larger-scale medical marijuana growers, processors, transporters and dispensaries by March or April, Harns said. Communities that choose to allow pot shops will get a cut of the 3 percent dispensary excise tax, which could be used to finance additional enforcement efforts.

County grant funding will continue next year, but revenue from applications fees and regulatory assessments will fund more enforcement efforts across state government, including new costs for the Attorney General’s Office and State Police.

Lt. Eric J. Sanborn of the Livingston County Sheriff’s Office, in his report to state officials, said increased public education will be a key as medical marijuana businesses open their doors.

The new law will require “more frequent compliance checks in regards to growers, processors, transporters and dispensaries,” he wrote.

joosting@detroitnews.com

 

[momofthegoons]

Now we're talking......

Bay City overrides mayor's medical marijuana veto
Updated Jan 2, 8:49 PM; Posted Jan 2, 8:50 PM
By Andrew Dodson adodson@mlive.com

BAY CITY, MI -- The Bay City Commission, on an 8-1 vote, overrode a mayoral veto of an ordinance that allows the operation of commercial medical marijuana facilities.

The decision on Tuesday, Jan. 2, came less than two weeks after Bay City Mayor Kathleen Newsham vetoed the ordinance, citing concerns over the number of licenses the city is looking to issue and where those businesses could operate in the city.

Unlike past meetings where medical marijuana-related topics were on the agenda, there was very little debate Tuesday night. The meeting started with the question on the veto, and the commission, with no discussion, voted to override her decision 8-1. Commissioner John Davidson, 6th Ward, was the lone no vote.

Newsham, who previously said she is not against medical marijuana, said she isn't disappointed her veto was overridden.

"This was my only recourse," she said. "This was a way for me to get my point across. I thought we should have stayed smaller on this and then made changes along the way."

With an ordinance now finalized, businesses can pick up and submit applications to the Bay City Clerk beginning Wednesday, Jan. 3, said City Manager Dana Muscott.

The City Commission on Monday, Dec. 18, voted 7-1 in approving an ordinance to allow and regulate medical marijuana facilities in Bay City. Davidson was also the lone no vote at that meeting.

 

[Shredder]

The Bay city, Bay county will have lots of mj available. I've read Banger, and Pinconning have all opted in, and they're all in that county.

I havn't heard of any municipality in my area (tip of the mitt) opting in. Hopefully that changes. Bay county is 2.5 hr from here, lol. On the proverbial other hand, as long as I can grow I'll be OK.

 

[momofthegoons]

Northern Michigan Marijuana Advocates, Prosecutor React To Sessions Rollback
January 4, 2018 Cody Boyer

The US attorney general’s reversal has raised concerns among medical marijuana growers and dispensers in northern Michigan, as well as questions about what the future will hold.

“The states that have already legalized, whether it be for medical or for recreational, they are not going to stand still for this,” says Rev. Steven Thompson, director of Benzie County NORML.

The Trump administration is now appearing to leave it up to U.S. attorney’s to enforce federal marijuana laws, even in states that have that have given the green light to marijuana.

That has left marijuana advocates like Rev. Thompson curious about the future.

“It is a passing-of-the-buck,” Thompson says. “It kept them from spending their time and their money on prosecuting in legal states. If he was to roll that back, there’s going to be a revolt like you’ve never saw before.”

He says the enforcement should remain with local governments.

“We have always said that change starts from the bottom up, not from the top down,” Thompson says. “Local municipalities can either choose to embrace it or not embrace it. That’s up to them. Then it goes to state rights.”

“This decision could throw back into limbo the concerns of some medical marijuana growers, dispensers the legality in what they are doing,” says Bob Cooney, Grand Traverse County prosecutor.

Cooney says this could mean the federal government becomes involved in Michigan’s new medical marijuana laws–but even that’s not certain.

“We are talking about federal enforcement of the marijuana laws,” Cooney says. “As far as prosecuting criminal offenses, we will continue to follow state law as regards to medical marijuana here in Michigan.”

It’s an approach shared by Michigan attorney general, Bill Schuette.

“[Thursday]’s memo doesn’t directly apply to our office,” says Andrea Bitely, spokesperson for Schuette’s office. “It applies to US attorneys. We will continue to prosecute those who violate the Michigan Medical Marijuana Act, as per usual.”

Marijuana advocates say all they can do is wait and see.

“The horse is out of the barn,” Thompson says. “You are not going to put it back in.”

 

[Mr Mellish]

Northern Michigan Marijuana Advocates, Prosecutor React To Sessions Rollback
January 4, 2018 Cody Boyer

The US attorney general’s reversal has raised concerns among medical marijuana growers and dispensers in northern Michigan, as well as questions about what the future will hold.

“The states that have already legalized, whether it be for medical or for recreational, they are not going to stand still for this,” says Rev. Steven Thompson, director of Benzie County NORML.

The Trump administration is now appearing to leave it up to U.S. attorney’s to enforce federal marijuana laws, even in states that have that have given the green light to marijuana.

That has left marijuana advocates like Rev. Thompson curious about the future.

“It is a passing-of-the-buck,” Thompson says. “It kept them from spending their time and their money on prosecuting in legal states. If he was to roll that back, there’s going to be a revolt like you’ve never saw before.”

He says the enforcement should remain with local governments.

“We have always said that change starts from the bottom up, not from the top down,” Thompson says. “Local municipalities can either choose to embrace it or not embrace it. That’s up to them. Then it goes to state rights.”

“This decision could throw back into limbo the concerns of some medical marijuana growers, dispensers the legality in what they are doing,” says Bob Cooney, Grand Traverse County prosecutor.

Cooney says this could mean the federal government becomes involved in Michigan’s new medical marijuana laws–but even that’s not certain.

“We are talking about federal enforcement of the marijuana laws,” Cooney says. “As far as prosecuting criminal offenses, we will continue to follow state law as regards to medical marijuana here in Michigan.”

It’s an approach shared by Michigan attorney general, Bill Schuette.

“[Thursday]’s memo doesn’t directly apply to our office,” says Andrea Bitely, spokesperson for Schuette’s office. “It applies to US attorneys. We will continue to prosecute those who violate the Michigan Medical Marijuana Act, as per usual.”

Marijuana advocates say all they can do is wait and see.

“The horse is out of the barn,” Thompson says. “You are not going to put it back in.”

I'm torn on this. Not pleased with Sessions and his old school hangup on weed. However, he is upholding the federal laws as currently written (which, theoretically, the DOJ SHOULD do).

All of these grandstanding federal Democrats and Republicans could cut him off at the knees if they would stop blabbering about the injustice of it all and introduce (and pass) legislation that de-schedules cannabis. If it's their will and the will of the majority of the people, they could change the landscape relatively quickly. Instead, it seems to be more about photo ops and sabre rattling.

 

[Shredder]

I'm torn on this. Not pleased with Sessions and his old school hangup on weed. However, he is upholding the federal laws as currently written (which, theoretically, the DOJ SHOULD do).

All of these grandstanding federal Democrats and Republicans could cut him off at the knees if they would stop blabbering about the injustice of it all and introduce (and pass) legislation that de-schedules cannabis. If it's their will and the will of the majority of the people, they could change the landscape relatively quickly. Instead, it seems to be more about photo ops and sabre rattling.

I'm sure not torn, I know right from wrong.

We had a effective detant where while not perfect folks could get their meds in certain states. And prohibition states could do what they wanted.

This ended yesterday and seems to me, just like the tax bill, designed to punish blue states.

 

[Mr Mellish]

I'm sure not torn, I know right from wrong.

We had a effective detant where while not perfect folks could get their meds in certain states. And prohibition states could do what they wanted.

This ended yesterday and seems to me, just like the tax bill, designed to punish blue states.

Fair enough but if all of those wringing their hands would do their job, we would step beyond all of this. They've been talking about this for years. Pass the fucking legislation and get rid of the reaper. Get another detente going and you're still just waiting for the next law and order person to take that position. De-schedule and no one has to sweat it anymore. Just goes to show you the deep tentacles pharma has.

 

[momofthegoons]

Here's some interesting information, imo, on our 'leaders' here in Michigan and how they have voted on important issues, including the Rohrabacher-Farr amendment.

And may I add that, not only did my representative not call or write me back regarding my recent email to him, he failed miserably on his report card. Off with his head!

Posting as thumbnails but you can click on them and enlarge....

 

[Baron23]

Here's some interesting information, imo, on our 'leaders' here in Michigan and how they have voted on important issues, including the Rohrabacher-Farr amendment.

And may I add that, not only did my representative not call or write me back regarding my recent email to him, he failed miserably on his report card. Off with his head!

Posting as thumbnails but you can click on them and enlarge....

View attachment 2192 View attachment 2194 View attachment 2195 View attachment 2196 View attachment 2197 View attachment 2198 View attachment 2199 View attachment 2200 View attachment 2201 View attachment 2202 View attachment 2203 View attachment 2204 View attachment 2205 View attachment 2206 View attachment 2207

That's the way you do it, Mom...name them and shame them. People need to know what their "representatives" have really represented.

Vote the issues, not the party....that has long been my guiding philosophy.

 

[Baron23]

Leonard: Sessions needs to ‘back off’ on marijuana

Lansing — Republicans and Democrats vying to be Michigan’s next attorney general are assailing U.S. Attorney General Jeff Sessions for opening the door to possible prosecution of medical marijuana patients and businesses operating legally under state law.

Sessions last week reversed non-intervention policies that had discouraged federal prosecutors from cracking down on pot possession and cultivation in states where medical or recreational marijuana is allowed despite federal prohibition.

“I believe he needs to back off,” state House Speaker Tom Leonard told The Detroit News, calling marijuana a states’ rights issue that voters here and in other states have already or may soon decide.

“I don’t believe the federal government has any right coming in here to try to enforce marijuana laws, and I believe it ought to be left up to the state.”

The DeWitt Republican is the latest candidate for state attorney general to speak out against the move by Sessions, appointed last year by GOP President Donald Trump. Democrats Dana Nessel of Plymouth Township and Pat Miles of Grand Rapids last week lambasted Sessions.

State Sen. Tonya Schuitmaker, a Lawton Republican competing with Leonard for the GOP attorney general nomination, did not directly criticize Sessions but said she believes “the people of Michigan should decide what is best for Michigan.”

Michigan voters approved medical marijuana use in 2008, and the state’s Republican-led Legislature last year approved new regulations allowing dispensaries and other medical pot businesses in communities that want them. Separately, a group seeking to legalize recreational use of marijuana has submitted roughly 365,000 signatures to the state in an attempt to put the issue on Michigan’s statewide ballot in 2018.

Sessions’ decision to abandon non-intervention policies adopted under former President Barack Obama could have a wide-ranging impact across the country. Forty-six states have some form of medical marijuana law, and eight allow for recreational use of the drug, according to the National Conference of State Legislatures.

But the federal policy shift will not have any direct impact on state enforcement, said Andrea Bitely, a spokeswoman for current Michigan Attorney General Bill Schuette, a Republican who led the opposition campaign against the medical law in 2008 and is now running for governor.

“We will continue to enforce the Michigan medical marijuana statute, specifically related to large-scale violations,” Bitely said, noting state prosecutors usually focus on illegal traffickers, not individual users.

The Sessions directive could allow more intervention by federal prosecutors, including new interim U.S. Attorney for the Eastern District of Michigan Matthew Schneider, a Schuette deputy who Sessions promoted last week.

“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law,” Sessions said in a statement last week explaining his rationale.

In his memo, Sessions said he was reasserting federal laws that “reflect Congress’ determination that marijuana is a dangerous drug and that marijuana activity is a serious crime.”

Marijuana is expected to be a hot topic for political candidates in Michigan, where voters may have the chance to decide the fate of an initiative that would legalize possession, recreational use and retail sales.

Nessel, a vocal advocate for recreational legalization, called Sessions’ reversal “horrifying” and said Michigan needs an attorney general who will stand up to “the Trump agenda.”

“It is absolutely a gross display of federal overreach for Sessions to subvert states’ rights and return to failed policies that harm families, fill prisons with non-violent people, cost states billions of dollars they don’t have to spare and do nothing to combat the real drug epidemic facing this nation,” Nessel said in a statement.

Miles, who is competing with Nessel for the Democratic nomination, called Sessions’ decision “an enormous step backward” that “totally disrespects the will of the people of Michigan” who chose to allow medical pot.

Miles has not taken a firm stance on marijuana legalization but said he would enforce any pot law approved by Michigan voters. Leonard, a Republican, is staking out a similar position but is publicly opposed to the potential ballot proposal.

“Do I personally support the legalization of recreational use marijuana? Absolutely not,” Leonard said. “But if the citizens of this state, if they choose to pass that during the next election cycle, then certainly as the next attorney general I would do everything I can to ensure the will of the people is upheld.”

Schuitmaker, in a statement provided to The News, said she also would enforce state law and hopes that medical marijuana use will not be a top priority for federal prosecutors that oversee terrorism, immigration, corruption and civil rights cases.

“The federal government has been inconsistent about enforcement for many years and should decide on a clear and consistent standard,” Schuitmaker said.

 

[momofthegoons]

“Do I personally support the legalization of recreational use marijuana? Absolutely not,” Leonard said. “But if the citizens of this state, if they choose to pass that during the next election cycle, then certainly as the next attorney general I would do everything I can to ensure the will of the people is upheld.”

Sigh...... yeah.... "during the next election cycle" he would certainly do everything he can.....

 

[momofthegoons]

This is not good news..... hot off the press....

Legal impasse puts Detroit medical marijuana ordinance on hold
Published 6:00 a.m. ET Jan. 9, 2018 | Updated 10:00 a.m. ET Jan. 9, 2018

The suit, by a business group, which claims they were denied a permit because it violated the city’s old ordinance, has caused the city to put everything on hold until the legal matter is resolved.

“It would be improper, administratively wasteful and confusing to the public to implement the initiatives or take any action pertaining to permitting or licensing of marijuana facilities while the litigation is pending in Circuit Court,” said deputy city corporation counsel Charles Raimi in a memo to city officials on Friday. “Until further notice, the initiatives shall not be implemented and no City department may accept, process or approve any applications for a permit or license for any medical marijuana facility or medical marijuana caregiver center.”

Left in the lurch are dozens of entrepreneurs who want to gain entry into the lucrative medical marijuana business and tens of thousands of medical marijuana card holders, who use the medical pot to treat a variety of ailments. In Wayne, Oakland and Macomb counties, 100,581 people have medical marijuana cards.

The state began accepting applications Dec.15 for medical marijuana licenses in five categories — growers, processors, testing facilities, secure transporters and dispensaries. Since then, 18 people or businesses have submitted completed applications that include approval from the city where they want to operate. None of those have come from businesses that want to open up shop in Detroit. Another 86 have filed pre-qualification applications, which allows the state to complete background checks on the business owners while they wait for approval from municipalities.

In Detroit, about 60 dispensaries are operating with some sort of approval from the city under the old ordinance. But none have gotten permission from the city under the new ordinance, which was passed by voters in November. Those dispensaries are in jeopardy of closing after a state-imposed Feb. 15 deadline to submit applications.

“All the dispensaries operating in the city are going to have to shut down,” said Amir Makled, an attorney who represents the Advanced Wellness dispensaries in Detroit. “Everybody who is a card holder in Detroit is going to be impacted.”

Without approval from the city, medical marijuana business owners can’t complete an application to get a license to operate from the state. And the dispensaries that are operating under emergency rules — about 10 that have gotten approval under Detroit’s old ordinance and about 50 more who were going through the permit approval process — may have to shut down by Feb. 15 if the issue isn’t resolved before then.

If they don’t shut down after Feb. 15, they put their chance of getting a state license at risk.

“Applicants who are currently operating under the temporary operation aspect of the emergency rules must apply for a state license by Feb. 15, 2018,” said David Harns, spokesman for the state department of Licensing and Regulatory Affairs. “If an applicant can’t include a completed attestation from their local clerk’s office that authorizes their temporary authorization, then their continued operation after February 15 may be used as a reason for denial of a state operating license.”

Michael Stein, a Bloomfield Hills attorney for between seven and 10 businesses hoping to get a medical marijuana license in Detroit, has filed for injunctive relief when his clients were denied approval from the city because they didn’t meet zoning requirements under the old ordinance. The old rules in Detroit required that medical marijuana facilities could not be within 1,000 feet of another dispensary, church, day care center, school or park.

But when the voters approved two new medical marijuana ordinances in last November’s election, the distance between dispensaries and churches was reduced from 1,000 to 500 feet and allows dispensaries to operate near schools, day care centers and parks.

“Under the new ordinance, my clients don’t need a variance. They qualify now,” Stein said. “We need to get them to accept these applications because the city voted overwhelmingly for these ordinances.”

He contends city officials, many of whom opposed the new ordinances, welcome the lawsuit because it gives them an excuse to challenge the new ordinances.

"Their plan all along was to not take the applications so no one could stay open," he said. "But the new ordinance gives the clear direction that they have to take the applications."

But because the matter is pending in court, before Circuit Court Judge Robert Colombo, the city decided not to implement the ordinance, which was supposed to go into effect on Jan. 4. The city declined to comment further on the lawsuit.

Jonathan Barlow, spokesman for Citizens for Sensible Cannabis Reform which advocated for the ordinances passed by voters, said the medical marijuana patients are at the biggest disadvantage because of the potential for losing access to medical weed after Feb. 15.

“This just does a great deal of harm for all the stakeholders,” he said. “Hopefully we can find a solution before the 15th.”

Makled said there is plenty of blame to go around on the issue. But much of the fault lies with the Michigan Legislature, which let the business operate in a muddled gray area from 2008 when voters overwhelmingly legalized medical marijuana until last year when they finally passed a law which will regulate and tax the industry.

What resulted was a mishmash of enforcement, with some cities allowing dispensaries to operate unfettered and others where dispensaries and people growing marijuana for patients were routinely busted by police.

"The city from early on allowed these entities to come in and operate without any clear understanding of what the state laws were," Makled said. "Everybody was operating in a gray zone."

For now, Detroit's website, which had included a detailed interactive map of medical marijuana facilities in the city, shows only a stark message:

"Proposals A and B passed by the voters in the November 7, 2017 election effectively repealed the City's medical marihuana caregiver center program. New applications for medical marihuana caregiver centers are no longer being accepted. BSEED will begin accepting applications for medical marihuana facilities in early 2018."

and.......
Detroit freezes medical marijuana business licensing process

Detroit is delaying action on new medical marijuana licenses because of a pending lawsuit, prompting fears that about 60 dispensaries in the city will have to close their doors.

The lawsuit was filed by seven to 10 businesses that were denied medical marijuana dispensary licenses over zoning issues, the Detroit Free Press reported. The businesses say the city denied the licenses using outdated zoning rules.

A lawyer for the city wrote in a memo to other Detroit officials that it would be “wasteful and confusing to the public” to process marijuana applications until the lawsuit its resolved.

But Michigan has set a Feb. 15 deadline for prospective MMJ companies to apply for business licenses.

The application period began Dec. 15 for companies seeking licenses for dispensaries, cultivators, processors, transporters and testing labs.

If Detroit won’t accept applications, the dispensaries currently doing business under an old city ordinance would have to close by Feb. 15, according to the Free Press.

Detroit marijuana business owners suspect the city is stalling.

“Their plan all along was to not take the applications so no one could stay open,” Michael Stein, attorney for the businesses challenging their denials, told the newspaper.

Detroit voters decided last year to roll back restrictive zoning ordinances blamed for the closure of at least 186 dispensaries.

 

[Baron23]

He contends city officials, many of whom opposed the new ordinances, welcome the lawsuit because it gives them an excuse to challenge the new ordinances.

I fucking hate politicians and their self-entitled bureaucrat support structure. The people spoke, politicians are digging their heels in opposition, simple....get rid of the mofo's and get some politicians in office who understand the basic tenets of democracy.

Oh, and @momofthegoons , stock up now...this may take a while.