Law Michigan MMJ

[momofthegoons]

If you go to the actual article, linked in the title, you can hear the actual conversation regarding this.

Lessenberry on possible changes to Michigan's tax code, marijuana legalization
By DOUG TRIBOU & JACK LESSENBERRY

The federal tax overhaul could affect Michigan's tax code. The federal personal exemption has been eliminated, but Michigan has state deductions tied to it. Gov. Snyder wants to restore the state's personal exemption, so that Michigan doesn't collect more tax than it would have before.

Michigan Radio's Morning Edition host Doug Tribou and Jack Lessenberry discuss what this could mean for Michigan taxpayers.

They also talk about why Lieutenant Governor and Republican gubernatorial candidate Brian Calley won't participate in a series of town halls before the primary, and growing support for marijuana legalization.

 

[momofthegoons]

While this is good news.... omg. Yes.. no. Yes... no. Yes....... for a little while... then no.

Medical marijuana dispensaries in Detroit can get temporary reprieve
Detroit’s 62 medical marijuana dispensaries can get a reprieve and continue to operate after Feb. 15 despite continuing confusion and uncertainty over the city’s medical cannabis ordinances.

As they work through legal challenges to the two ordinances passed by Detroit voters in November, the city will offer the necessary paperwork for dispensary owners to fill out and hand in with their applications for a state license.

The reprieve, however, is temporary and could expire on June 15 if the city hasn't sorted out the challenge by then.

“We released a list of 62 (dispensary) addresses to the state, letting them know that those locations have received some sort of approval and that they could apply for a license from the state,” said Kim James, spokeswoman for the city.

Those approvals were given before the city’s new ordinances went into effect on Jan. 4. The city won’t be accepting applications under the new ordinances while it’s still facing a legal challenge. But the state will accept the approvals given under the old ordinance so that the businesses can stay open while they’re waiting for the state to complete background checks that are required before a license can be awarded.


Dispensary owners will have to go to the City Clerk’s office with their application for a state license, a photo identification and proof that they represent one of the 62 locations that have received zoning approval from the city. They can get the written “attestation” of that zoning approval from the clerk, which they can then submit to the state with their application for a license.

“We’ll notarize it so they can continue operating those facilities on a temporary basis,” said City Clerk Janice Winfrey.

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 the dispensaries and churches was reduced from 1,000 to 500 feet and allows dispensaries to operate near schools, day care centers and parks. Many city officials didn't support the new ordinances, fearing that it would lead to a proliferation of medical pot shops in the city. A group of citizens and a medical marijuana businesses have filed suit over the issue.


The confusion comes just weeks after the state began accepting applications for five categories of medical marijuana licenses — growers, processors, testing facilities, secure transporters and dispensaries. Before a business can get a license, it has to have proof that the city where it wants to locate has an ordinance allowing medical marijuana businesses and that it has received approval from that city.

So far, less than 50 of the state’s 1,773 villages, townships and cities have passed ordinances that will allow for medical marijuana businesses.

The state didn’t want to leave medical marijuana patients in the lurch while they ramped up for licensing, so licensing officials said existing dispensaries operating with approval from cities could stay open as long as they turned in applications for a state license by Feb. 15.

When Detroit said that it wouldn’t accept applications for city approval under the new ordinance until the legal challenges were sorted out, many business owners worried that they’d have to close after Feb. 15. But the solution offered this week will only be temporary, said David Harns, spokesman for the state Department of Licensing and Regulatory Affairs.

“The city has until June 15 to come into compliance with the new state law,” he said, meaning that the city’s ordinance fight has to be over by June 15 or the 62 dispensaries will have to close in mid-June.

Also creating a sense of insecurity for the medical marijuana business in Michigan is a directive from U.S. Attorney General Jeff Sessions last week, who said the Justice Department is set to roll back a policy implemented during the administration of former President Barack Obama to not challenge state laws that allow people to use pot for medical and recreational uses. The federal government still categorizes marijuana as an illegal drug.

Session's announcement would give authority to local U.S. attorneys to determine how they’ll enforce marijuana laws in each state. Andrew Byerly Birge, U.S. Attorney for the Western District of Michigan, offered no comment on how that directive might affect medical marijuana card holders and businesses on the western side of the state.

But Matthew Schneider, the newly appointed interim U.S. Attorney for the Eastern District of Michigan, which includes Detroit, indicated that medical marijuana enforcement may not be at the top of his list.

“The priorities of this office include combating violent crime, gangs, corruption, and terrorism, and this office will review marijuana cases in terms of where those cases fit within our priorities and our limited federal resources," he said in a statement. "In every criminal case, we will rely upon the Justice Department’s long-established principles of federal prosecution as all U.S. attorneys have done since 1980.”

 

[Baron23]

While this is good news.... omg. Yes.. no. Yes... no. Yes....... for a little while... then no.

Medical marijuana dispensaries in Detroit can get temporary reprieve
Detroit’s 62 medical marijuana dispensaries can get a reprieve and continue to operate after Feb. 15 despite continuing confusion and uncertainty over the city’s medical cannabis ordinances.

As they work through legal challenges to the two ordinances passed by Detroit voters in November, the city will offer the necessary paperwork for dispensary owners to fill out and hand in with their applications for a state license.

The reprieve, however, is temporary and could expire on June 15 if the city hasn't sorted out the challenge by then.

“We released a list of 62 (dispensary) addresses to the state, letting them know that those locations have received some sort of approval and that they could apply for a license from the state,” said Kim James, spokeswoman for the city.

Those approvals were given before the city’s new ordinances went into effect on Jan. 4. The city won’t be accepting applications under the new ordinances while it’s still facing a legal challenge. But the state will accept the approvals given under the old ordinance so that the businesses can stay open while they’re waiting for the state to complete background checks that are required before a license can be awarded.


Dispensary owners will have to go to the City Clerk’s office with their application for a state license, a photo identification and proof that they represent one of the 62 locations that have received zoning approval from the city. They can get the written “attestation” of that zoning approval from the clerk, which they can then submit to the state with their application for a license.

“We’ll notarize it so they can continue operating those facilities on a temporary basis,” said City Clerk Janice Winfrey.

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 the dispensaries and churches was reduced from 1,000 to 500 feet and allows dispensaries to operate near schools, day care centers and parks. Many city officials didn't support the new ordinances, fearing that it would lead to a proliferation of medical pot shops in the city. A group of citizens and a medical marijuana businesses have filed suit over the issue.


The confusion comes just weeks after the state began accepting applications for five categories of medical marijuana licenses — growers, processors, testing facilities, secure transporters and dispensaries. Before a business can get a license, it has to have proof that the city where it wants to locate has an ordinance allowing medical marijuana businesses and that it has received approval from that city.

So far, less than 50 of the state’s 1,773 villages, townships and cities have passed ordinances that will allow for medical marijuana businesses.

The state didn’t want to leave medical marijuana patients in the lurch while they ramped up for licensing, so licensing officials said existing dispensaries operating with approval from cities could stay open as long as they turned in applications for a state license by Feb. 15.

When Detroit said that it wouldn’t accept applications for city approval under the new ordinance until the legal challenges were sorted out, many business owners worried that they’d have to close after Feb. 15. But the solution offered this week will only be temporary, said David Harns, spokesman for the state Department of Licensing and Regulatory Affairs.

“The city has until June 15 to come into compliance with the new state law,” he said, meaning that the city’s ordinance fight has to be over by June 15 or the 62 dispensaries will have to close in mid-June.

Also creating a sense of insecurity for the medical marijuana business in Michigan is a directive from U.S. Attorney General Jeff Sessions last week, who said the Justice Department is set to roll back a policy implemented during the administration of former President Barack Obama to not challenge state laws that allow people to use pot for medical and recreational uses. The federal government still categorizes marijuana as an illegal drug.

Session's announcement would give authority to local U.S. attorneys to determine how they’ll enforce marijuana laws in each state. Andrew Byerly Birge, U.S. Attorney for the Western District of Michigan, offered no comment on how that directive might affect medical marijuana card holders and businesses on the western side of the state.

But Matthew Schneider, the newly appointed interim U.S. Attorney for the Eastern District of Michigan, which includes Detroit, indicated that medical marijuana enforcement may not be at the top of his list.

“The priorities of this office include combating violent crime, gangs, corruption, and terrorism, and this office will review marijuana cases in terms of where those cases fit within our priorities and our limited federal resources," he said in a statement. "In every criminal case, we will rely upon the Justice Department’s long-established principles of federal prosecution as all U.S. attorneys have done since 1980.”

He's up, he's down, he's up again....oh, no...he's down. Wait, he's up again! LOL What a mess, Mom. I can't even follow it anymore, its become so Byzantine.

 

[momofthegoons]

I don't know why but I find this a little funny.....

There could be a combination weed farm-golf course coming to Michigan

Calling Bill, Ted, Harold, Kumar, and definitely Snoop. We have some potentially really exciting news for you: Southmoor Golf Club in beautiful Burton, Michigan may be getting its own $59-million marijuana farm.

Yep, you read that right. On January 9th, planning commission members voted 5-2 to allow Southmoor to rezone 37 of their 95 acres in order to accommodate multiple grow houses, a processing center, a biomass power plant, and apparently whatever else you need to run a commercial medical marijuana facility. But what's the motivation behind this veritable Pizza Hut-Taco Bell of golf? According to owner David Boji, it's a simple one:

Baby boomers are getting older, millennials aren't interested, and he's just really tired of losing money on a golf course (stop us if you've heard this one before).

After years of paying $33,000 in taxes to the city of Burton, there was no longer enough to go around, and Boji began looking for alternate sources of income for the property. As many a long-haired high schooler has learned, one such source is cannabis, and soon Boji was discussing a potential partnership with CannaDevelopment Company. Before he knew it, little ol' Southmoor had a $70-million investment opportunity in the works.

In the end, the proposed renovation would include five 42,000-square-foot Class C grow houses and an environmentally friendly utilities park, while converting the 8,500-square-foot clubhouse into a dispensary, provisioning/processing center, and water plant. It remains to be seen whether or not this unlikely grass-topia will ever to come fruition, but if it does, don't expect the pace of play to pick up around Southmoor anytime soon.

 

[momofthegoons]

Marijuana in Scottville?: Residents hear from dispensary expert, comment

• By RILEY KELLEY Daily News Staff Writer Jan 12, 2018 Updated 14 hrs ago

Tom Reif, municipal consultant for Michigan Marijuana Law Experts, addresses residents Thursday at Scottville City Hall.By RILEY KELLEY Daily News Staff Writer

SCOTTVILLE — Should the City of Scottville adopt an ordinance to allow medical marijuana dispensaries to operate within the city limits? This was the question of the day Thursday at Scottville City Hall.

About 60 Mason County residents crowded into the city hall building on Main Street as the city’s ordinance committee heard a presentation on the potential benefits of bringing state-regulated marijuana facilities into the area from Tom Reif, a municipal consultant for Michigan Marijuana Law Experts (MMLE).

The information-only meeting was scheduled in November 2017, when Ludington resident Dan Reynolds asked the Scottville City Commission to hear from MMLE before making a decision on whether or not to opt in to the Michigan Marijuana Facilities and Licensing Act (MMFLA), which gives municipalities the power to allow marijuana dispensaries to operate within their jurisdictions.

Reif, who said he’s been working as a municipal consultant for MMLE for about 18 months, gave committee members and residents background information on the new legislation, what it means at the municipal level and how the Scottville community could benefit from opting in.

“A lot of people, when they hear that municipalities are considering opening dispensaries, their reaction is, ‘We don’t want marijuana in our community,’” Reif said. “Well, it’s already here. You’ve already got marijuana and you’ve got patients who are using it.”

One of the benefits of opting into the MMFLA, Reif said, was that it will provide state and municipal oversight to the process of medical marijuana distribution, which is currently handled by caregivers.

This, according to Reif, would increase transparency in the process and help to ensure a safer product.

“Everything is regulated and the State of Michigan is going to do very extensive background checks on the people who are applying for licenses (to operate dispensaries) and so on,” he said. “If you have any misdemeanors involving drugs — even marijuana — and certainly felonies on your record, you’re not going to get a license (from the state).”

Another reason to consider opting in is money, according to Reif.

“There is an annual permitting fee of up to $5,000… to cover any costs associated with the facility,” he said. “Provisioning centers (dispensaries) are obviously going to be selling these products and in addition to the 6-percent sales tax on every transaction (there is also) a 3-percent excised tax on every marijuana or marijuana-infused product sold within the system.”

Reif said the state claims about 50 percent of these funds, with the rest going back to the municipality and surrounding community, including 3 percent for law enforcement.

“Municipalities that have facilities in them get 25 percent of the 3 percent excised tax on a prorated basis based on how many facilities you have,” Reif said. “And some of the money is directed to K-12 education and roads and bridges.”

Residents speak out

These numbers were not enough to satisfy some members of the community, who spoke up during the public comment period.

Mike Shaw of Ludington said Reif “glosses over” important issues, and asked residents and committee members to speak out against the adoption of an ordinance that would allow dispensaries in Scottville.

“Don’t be fooled by all this extra money and extra taxes,” Shaw said. “(The figures) won’t even cover the cost of labor to enforce what Mr. Reif would like to see in this area.

“Having something like this will detrimentally affect the health, safety and welfare of this community. We have the caregiver system and people who legitimately need and want this product can get it.

“This is not what Scottville should be known for,” Shaw said.

See the full story and photos in Friday's Ludington Daily News print and e-Editions.

 

[Baron23]

Marijuana in Scottville?: Residents hear from dispensary expert, comment

• By RILEY KELLEY Daily News Staff Writer Jan 12, 2018 Updated 14 hrs ago

Tom Reif, municipal consultant for Michigan Marijuana Law Experts, addresses residents Thursday at Scottville City Hall.By RILEY KELLEY Daily News Staff Writer

SCOTTVILLE — Should the City of Scottville adopt an ordinance to allow medical marijuana dispensaries to operate within the city limits? This was the question of the day Thursday at Scottville City Hall.

About 60 Mason County residents crowded into the city hall building on Main Street as the city’s ordinance committee heard a presentation on the potential benefits of bringing state-regulated marijuana facilities into the area from Tom Reif, a municipal consultant for Michigan Marijuana Law Experts (MMLE).

The information-only meeting was scheduled in November 2017, when Ludington resident Dan Reynolds asked the Scottville City Commission to hear from MMLE before making a decision on whether or not to opt in to the Michigan Marijuana Facilities and Licensing Act (MMFLA), which gives municipalities the power to allow marijuana dispensaries to operate within their jurisdictions.

Reif, who said he’s been working as a municipal consultant for MMLE for about 18 months, gave committee members and residents background information on the new legislation, what it means at the municipal level and how the Scottville community could benefit from opting in.

“A lot of people, when they hear that municipalities are considering opening dispensaries, their reaction is, ‘We don’t want marijuana in our community,’” Reif said. “Well, it’s already here. You’ve already got marijuana and you’ve got patients who are using it.”

One of the benefits of opting into the MMFLA, Reif said, was that it will provide state and municipal oversight to the process of medical marijuana distribution, which is currently handled by caregivers.

This, according to Reif, would increase transparency in the process and help to ensure a safer product.

“Everything is regulated and the State of Michigan is going to do very extensive background checks on the people who are applying for licenses (to operate dispensaries) and so on,” he said. “If you have any misdemeanors involving drugs — even marijuana — and certainly felonies on your record, you’re not going to get a license (from the state).”

Another reason to consider opting in is money, according to Reif.

“There is an annual permitting fee of up to $5,000… to cover any costs associated with the facility,” he said. “Provisioning centers (dispensaries) are obviously going to be selling these products and in addition to the 6-percent sales tax on every transaction (there is also) a 3-percent excised tax on every marijuana or marijuana-infused product sold within the system.”

Reif said the state claims about 50 percent of these funds, with the rest going back to the municipality and surrounding community, including 3 percent for law enforcement.

“Municipalities that have facilities in them get 25 percent of the 3 percent excised tax on a prorated basis based on how many facilities you have,” Reif said. “And some of the money is directed to K-12 education and roads and bridges.”

Residents speak out

These numbers were not enough to satisfy some members of the community, who spoke up during the public comment period.

Mike Shaw of Ludington said Reif “glosses over” important issues, and asked residents and committee members to speak out against the adoption of an ordinance that would allow dispensaries in Scottville.

“Don’t be fooled by all this extra money and extra taxes,” Shaw said. “(The figures) won’t even cover the cost of labor to enforce what Mr. Reif would like to see in this area.

“Having something like this will detrimentally affect the health, safety and welfare of this community. We have the caregiver system and people who legitimately need and want this product can get it.

“This is not what Scottville should be known for,” Shaw said.

See the full story and photos in Friday's Ludington Daily News print and e-Editions.

More NIMBY BS. Hope these birds come home to roost with these people when its something that THEY want and that helps THEM....and have them hear others say "oh, not in our community, this is not what we are known for". Fuck wads.

 

[momofthegoons]

Fuck wads.

Lmao... tell me how you really feel......

Welcome back baron.

 

[Baron23]

Lmao... tell me how you really feel......

Welcome back baron.

Go on now and tell me you weren't thinking it. You just need a rude, crude guy like me to actually say it! LOL

Take care, Mom hahaha

 

[momofthegoons]

NORML is doing an email fanout of the 13 (normally 14, but there is a open seat in the 13th district) congressional district legislators. Here are the first 7. I will edit and add the last 6 as I receive the emails. If you are unsure which district you are in, refer to the graphic in this post. They ask that you contact your legislator with the following message:

"YOUR MAIN MESSAGE should be:
Thank you for supporting sensible cannabis reforms and please consider co-sponsoring HR 1227, the Ending Federal Marijuana Prohibition Act, and other legislation that protects the 300,000 patients enrolled in Michigan's medical marijuana program."

They also suggest:
"Please also take 5 minutes to visit the NORML Action Center and contact your U.S. representatives:"
http://norml.org/action-center/item/tell-congress-to-stop-jeff-sessions-crackdown


1st Congressional District - Congressman Jack Bergman
Our first legislator profile comes from Michigan's 1st U.S. Congressional District, Congressman Jack Bergman. Bergman won the Republican primary in Michigan's 1st congressional district in August 2016. Bergman, who was elected to succeed retiring Republican Representative Dan Benishek, won 55% of the vote to Johnson's 40% and Bostow's 4%.
The district covers the entirety of Michigan's Upper Peninsula and the northern part of the Lower Peninsula. (See attached photo)
Bergman's view on cannabis is intentionally vague as evidenced by the letter he sends constituents who ask his position on cannabis. (See attached photo) Bergman spent 40 years serving his country, but many military officers take a dim view of cannabis.
Bergman has no voting record on cannabis issues.
Rep. Bergman needs to hear from cannabis consumers in Michigan's 1st Congressional District. You can send him a respectful email from this link:
https://bergman.house.gov/contact/
A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Bergman has offices located at:
Traverse City Office
1396 Douglas Drive, Suite 22B
Traverse City, MI 49696
231-944-7633
Marquette Office
1500 W. Washington St., Suite 2
Marquette, MI 49855
906-273-2227


2nd U.S. Congressional District - Congressman Bill Huizenga
Huizenga was first elected to Michigan's 2nd Congressional District in the November 2010 general election defeating Democratic nominee Fred Johnson. 64% of the ballots were cast for Huizenga, and 32% were cast for Johnson.
The district is located in Ottawa County and includes the cities of Holland, Zeeland, Hudsonville, and the four townships of Blendon Township, Jamestown Township, Holland Township, and Zeeland Township. (See attached photo)
Huizenga is not supportive of cannabis reforms. He voted against every piece of cannabis reform legislation that ever appeared before him. He is also a member of the Committee on Financial Services, the Committee that refuses to receive legislation that would authorize financial institutions to provide banking services to cannabis businesses. Click the link below and listen to Rep. Huizenga as he offers his less-than-optimistic views on cannabis. His cannabis remarks begin at 10:40:
http://927thevan.com/…/on-trust-in-government-collateral-d…/
Furthermore, in a recent response to a constituent's request that Rep. Huizenga support cannabis reforms, the Congressman responded with the following message (excerpt):
Federal law prohibits the sale and use of marijuana for any purpose. Marijuana is a Schedule I substance under the provisions of the Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Marijuana is listed as a Schedule I substance because it has a high potential for abuse and currently is not accepted for medical use in the United States.
I oppose legalizing marijuana use, even for medical purposes, for many reasons. The Food and Drug Administration has repeatedly rejected marijuana for medical use because its known negative health impacts far exceed any positive benefit resulting from its use. Marijuana increases the heart rate by as much as 50 percent, affects mood, senses, reaction and coordination, concentration and memory on a short-term basis. Marijuana is harmful to the lungs, contains many chemicals that irritate lung tissue and are known to cause cancer, and has been shown to impair lung function more than cigarettes. Animal studies have shown persistent changes in the structure of brain cells after repeated use.
Rep. Huizenga needs to hear from cannabis consumers in Michigan's 2nd Congressional District NOW! You can send him a respectful email from this link:
https://huizenga.house.gov/contact/
A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Huizenga has offices located at:
Grandville Office
4555 Wilson Ave. SW Suite 3,
Grandville, MI 49418
Phone: (616) 570-0917
Grand Haven Office
1 South Harbor Ave. Suite 6B,
Grand Haven, MI 49417
Phone: (616) 414-5516
The Grandville office is open Monday thru Friday from 8:30 AM - 5:00 PM. Walk-ins are welcome at the Grandville office. Meetings at the Grand Haven office are done by appointment only.


3rd U.S. Congressional District - Congressman Justin Amash
On August 3, 2010, Amash won the five-way Republican primary for the seat vacated by retiring Republican Vern Ehlers with over 40% of the vote. During the general election, Amash defeated Democrat Patrick Miles, Jr. 60%–37% in 2010.
The 3rd congressional district consists of all or portions of the following counties; Barry, Ionia, Calhoun, Kent and Montcalm. (See attached photo)
Justin Amash has been an unlikely yet very supportive proponent of cannabis reforms, just not for the reasons you might think. It's doubtful that he personally supports the use of cannabis in any way, but from a philosophical perspective, he believes the federal government should only be involved in cannabis cases that involve distribution across state lines, and that voters in each state should decide if and how they want to implement cannabis laws.
The video interview on this page will give you some sense of where he stands:
http://blog.norml.org/…/watch-marijuana-in-the-halls-of-co…/
National NORML gave Amash a final grade of B, MICHIGAN NORML grades him slightly higher at A-, simply because he is the only Michigan Congressperson to co-sponsor HR 1227, a bill called the End Federal Marijuana Prohibition Act, and because he was also the only representative of the Michigan Delegation, from either party, to speak out against Jeff Sessions' sudden dismissal of the Cole Memo. It is fair to respect his right to make his own personal decision on the cannabis issue, and we are very pleased that he has taken the view that each one of us should also be able to make that decision for ourselves.
Rep. Amash needs to hear a "THANK YOU" from cannabis consumers in Michigan's 3rd Congressional District NOW! You can send him a respectful email from this link:
https://amash.house.gov/contact
A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Amash has offices located at:
Grand Rapids Office
110 Michigan St NW, Ste 460
Grand Rapids, MI 49503
Phone: (616) 451-8383
Hours: Monday-Friday 9:00 a.m. - 5:00 p.m.
Battle Creek Office
70 W Michigan Ave, Ste 212
Battle Creek, MI 49017
Phone: (269) 205-3823
Hours: By Appointment

4th U.S. Congressional District - Congressman John Moolenaar
In the 2014 primary election, Moolenaar handily defeated two challengers. Moolenaar also sailed to victory in the November 2014 general election by defeating his democratic opponent, Jeff Holmes, by a 56.5% to 39.1% margin.
The 4th congressional district is the state's second largest district. It's comprised of all or parts of over a dozen central Michigan counties. (See attached photo)
NORML has given Rep. Moolenaar a grade of D because he has voted against every piece of cannabis reform legislation to come before him in the United States House of Representatives. And while we couldn't manage to find a direct quote that we could attribute to the Congressman regarding cannabis, his votes and his lack of support for the Cannabis Caucus suggests that he's not likely to take a position on cannabis that would demonstrate tolerance for it's cultivation, possession or use, even for medical use.
While a Michigan State Senator in 2012, Moolenaar voted YES on House Bill 4851 and some other medical cannabis bills known at the time as the Walsh package of bills that amended the Michigan Medical Marihuana Act. Read more about the Walsh bills here:
https://archive.theweedblog.com/the-walsh-bills-are-law-in…/
Rep. Moolenaar needs to hear from cannabis consumers in Michigan's 3rd congressional district NOW! You can send him a respectful email from this link:
https://moolenaar.house.gov/contact/email
A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Moolenaar has offices located at:
Cadillac Office
201 North Mitchell Street
Suite 301
Cadillac, MI 49601
Phone: (231) 942-5070
Midland Office
200 East Main Street
Suite 230
Midland, MI 48640
Phone: (989) 631-2552

5th Congressional District - Congressman Dan Kildee
Kildee's District is heavily democratic and he ran unchallenged in the 2012 Democratic primary. In the November 2012 election, he defeated Republican State Representative Jim Slezak 65% to 31%.

The 5th congressional district is oddly-shaped and includes parts Bay, Genesee, Tuscola, Saginaw, Arenac, Ogemaw and Iosco Counties. (See attached photo)

NORML has given Rep. Kildee a grade of B because he has supported many cannabis reforms in the United States House of Representatives. Kildee could improve his grade by supporting the Cannabis Caucus and by becoming a co-sponsor of HR 1227, the End Federal Marijuana Prohibition Act.

Rep. Kildee needs to hear from cannabis consumers in Michigan's 5th congressional district NOW! You can send him a respectful email from this link:
https://dankildee.house.gov/contact/email

A friendly visit to his District office also makes a big impression. Again, always stay respectful! Kildee has an office located at:

Flint Office
111 East Court St. #3B
Flint, MI 48502
Phone: 810-238-8627

6th congressional district - Congressman Fred Upton
In 1986 Upton ran in Michigan's 4th congressional district against incumbent Republican U.S. Congressman Mark Siljander. Upton won the Republican primary 55%–45%. He then went on to defeat Dan Roche in the general election with 62% of the vote.
The 6th congressional district is located in the very southwest corner of the Lower Peninsula and includes all of Allegan, Berrien, Cass, Kalamazoo, St. Joseph and Van Buren Counties. (See attached photo)
NORML has given Rep. Upton a grade of B because he has supported many cannabis reforms in the United States House of Representatives. Upton could improve his grade by supporting the Cannabis Caucus and by becoming a co-sponsor of HR 1227, the End Federal Marijuana Prohibition Act.
Rep. Upton needs to hear from cannabis consumers in Michigan's 6th congressional district NOW! You can send him a respectful email from this link:
https://upton.house.gov/contact/
A friendly visit to his District office also makes a big impression. Again, always stay respectful! Upton has an office located at:
Kalamazoo District Office
350 E. Michigan Ave, Suite 130
Kalamazoo, MI 49007
Phone: 269-385-0039
St. Joseph/Benton Harbor District Office
720 Main Street
St. Joseph, MI 49085
Phone: 269-982-1986

7th congressional district - Congressman Tim Walberg
Walberg was first elected in 2006 after defeating his republican opponent and incumbent Joe Schwarz in the 2006 Republican primary. He went on to defeat democratic challenger, Sharon Renier 50%–46%

The 7th congressional district lies along Michigan's borders with Ohio and Indiana and includes all of Branch, Hillsdale, Ingham, Jackson, Lenawee, Monroe and Washtenaw Counties. (See attached photo)

NORML has given Rep. Walberg a grade of D because he has voted against every piece of cannabis reform legislation to come before him in the United States House of Representatives. Advocates who have discussed the cannabis issue with Walberg have reported that he is adamantly opposed to any liberalization of cannabis laws. Walberg is also a former pastor.

Rep. Walberg needs to hear from cannabis consumers in Michigan's 3rd congressional district NOW! You can send him a respectful email from this link:
https://walberg.house.gov/contact/email

A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Walberg has offices located at:

Jackson Office
401 W. Michigan Ave.
Jackson, MI 49201
Phone: 517-780-9075

Edit:
8th congressional district - Congressman Mike Bishop
Prior to being elected to the Unites States Congress, Bishop served in both the Michigan House and Senate. On November 4, 2014, Bishop defeated Democratic challenger Eric Schertzing for Michigan's 8th congressional district by 60% to 40%.

The 8th congressional district is comprised of the norther part of Oakland County and all of Livingston and Ingham Counties. (See attached photo)

NORML has given Rep. Bishop a grade of D because he has voted against every piece of cannabis reform legislation to come before him in the United States House of Representatives.

Rep. Bishop needs to hear from cannabis consumers in Michigan's 8th congressional district NOW! You can send him a respectful email from this link:
https://mikebishop.house.gov/contact/

A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Bishop has offices located at:

Brighton Office
711 E. Grand River Ave., Suite A
Brighton, MI 48116
Phone: 810-227-8600

Edit:
9th congressional district ~ Congressman Sandy Levin
In 1982, Levin won the Democratic primary in Michigan's 17th congressional district with 49% of the vote. He subsequently won the 1982 general election with 67% of the vote. He has been re-elected every term since.

The 9th congressional district is comprised of parts of Oakland and Macomb Counties. (See attached photo)

NORML has given Rep. Levin the lowest grade of D- because he has been an opponent of cannabis reform legislation in the United States House of Representatives.

Rep. Levin needs to hear from cannabis consumers in Michigan's 9th congressional district NOW! You can send him a respectful email from this link:
https://levin.house.gov/contact-me/email-me

A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Levin has offices located at:

Roseville Office
27085 Gratiot Ave
Roseville, MI 48066
Phone: 586-498-7122
Hours: Monday-Friday 8:00AM-6:00PM
Please note: Office hours may vary depending on the legislative schedule. Please call 586-498-7122 to confirm.

Edit:
10th congressional district - Congressman Paul Mitchell
Paul Mitchell moved to Michigan's 10th congressional district in 2015 to run for the House of Representatives in that district, following Candice Miller's decision not to run for reelection. He won the primary, defeating Phil Pavlov and Alan Sanborn. Mitchell won the general election, defeating Frank Accavitti 63% to 32%.

Michigan's 10th congressional district includes most of Michigan's Thumb. It consists of all of Huron, Lapeer, St. Clair, and Sanilac counties, as well as most of northern Macomb County and eastern Tuscola County. (See attached photo)

NORML has not given Congressman Mitchell a grade because he hasn't had the opportunity to cast any votes on cannabis legislation, but Michigan NORML gives Rep. Mitchell a grade of D. We based our grade on Mitchell's previous position as Chairman with an organization called Faith and Freedom Coalition of Michigan.

The Faith and Freedom Coalition does not support cannabis reforms, and in fact, they denounce cannabis even for medical purposes. In 2015, the Faith and Freedom Coalition of Florida opposed Amendment 2, that states medical marijuana law that passed by 71% -29%! Last August at the Georgia Republican Assembly convention, David Baker, Executive Director of Faith & Freedom Coalition of Georgia, used his allotted time in a panel discussion entitled “Social Conservatism In Georgia” to press forth the groups positions on medical marijuana reform in Georgia. In a segment that began with the question “How many people here like George Soros?” which was then followed up by the question “So, you wouldn’t want to help him and other left-wing billionaires fund things like he’s done over the past twenty-five years have given millions and millions of dollars to the Marijuana Policy Project, the goal of which is to get marijuana on ballot initiatives in states all across the country in order to legalize it, and this is where the money is coming from.”
Full article here: http://floyd.allongeorgia.com/faith-freedoms-dave-baker-marijuana-no-medical-benefit/

Rep. Mitchell needs to hear from cannabis consumers in Michigan's 10th congressional district NOW! You can send him a respectful email from this link:
https://mitchell.house.gov/contact

A friendly visit to one of his District offices also makes a big impression. Again, always stay respectful! Mitchell has offices located at:
SHELBY TOWNSHIP OFFICE
48701 Van Dyke Avenue
Shelby Township, MI 48317
Phone: 586-997-5010

11th congressional district - Congressman Dave Trott
On September 4, 2013, Trott announced his candidacy for Michigan's 11th congressional district, challenging incumbent freshman Congressman Kerry Bentivolio. Trott defeated Bentivolio in the August 2014 primary, but Bentivolio tried to initiate a write-in campaign for the November 2014 election to run against Trott and Democrat Bobby McKenzie to continue serving the people of Michigan in Congress, however that effort failed. Trott won the general election in November with 56% of the vote.

Michigan's 11th congressional district includes parts of Oakland and Wayne Counties.

NORML has given Trott a grade of D because he voted against cannabis reforms on every opportunity he had.

Rep. Trott needs to hear from cannabis consumers in Michigan's 11th congressional district NOW! You can send him a respectful email from this link:
https://trott.house.gov/contact

A friendly visit to his District office also makes a big impression. Again, always stay respectful! Trott has offices located at:
TROY OFFICE
625 East Big Beaver Road
Suite 204
Troy, MI 48083
Phone: 248-528-0711

Edit:
12th congressional district ~ Congressman Debbie Dingell
Debbie Dingell represents Michigan's 12th Congressional District. She inherited the seat her husband held for decades. On August 5 she won the Democratic primary. On November 4 she won the general election, defeating Republican Terry Bowman. Dingell trounced her three general election opponents capturing 65% of the vote.

Michigan's 12th congressional district includes parts of Wayne and Washtenaw Counties. (See attached photo)

NORML has given Dingell a grade of B because she has been only warmly supportive of sensible cannabis reforms that she has had the opportunity to vote for or against. Dingell is not a leader of cannabis reforms, but she has not blocked cannabis reforms.

Rep. Dingell needs to hear from cannabis consumers in Michigan's 12th congressional district NOW! You can send her a respectful email from this link:
https://debbiedingellforms.house.gov/contact/

A friendly visit to her District offices also makes a big impression. Again, always stay respectful! Dingell has offices located at:
Dearborn Office
19855 West Outer Drive
Suite 103-E
Dearborn, MI 48124
Phone: 313-278-2936

Ypsilanti Office
301 West Michigan Avenue
Suite 400
Ypsilanti, MI 48197
Phone: 734-481-1100

 

[momofthegoons]

This article is from back in July of 2017, so I'm a little surprised I haven't posted it... or at least I couldn't find it if I did. So forgive me if this is a repeat. But I thought it worth posting since it's a problem that spans beyond Michigan.

$15M in Michigan police confiscations scrutinized
Lansing — Michigan law enforcement agencies confiscated more than $15 million in forfeited cash as well as property from individuals linked to suspected crimes in 2016, but a new report shows charges were never filed in nearly 10 percent of the cases.

State, county and local agencies documented 5,290 civil asset forfeitures last year under a new and enhanced reporting law that took effect Feb. 1. No one was charged with a crime in 523 of those forfeitures despite civil court authorization based on an alleged violation. At least another 196 people were charged but not convicted.

The Michigan Department of State Police report says “many” people accused of crimes cooperated with authorities, who then decided not to pursue charges. But that data was not tracked in the new report, which has given new fuel to critics who want to tear up the state’s civil asset forfeiture law.

“If I live in a world where 10 percent is acceptable for something that people didn’t do wrong, we’re living in the wrong world,” said Rep. Pete Lucido, R-Shelby Township. “Change the world now.”

Lucido helped reform Michigan civil asset forfeiture laws last term, and this February introduced legislation that would require a criminal conviction to initiate forfeiture proceedings. Under current law, a civil court can authorize forfeiture if there is “clear and convincing evidence” it was related to a crime even if an individual is never charged.

Civil asset forfeiture was thrust into the national spotlight this week when Attorney General Jeff Sessions reversed an Obama-era rule to discourage the practice. Sessions said state and local police can pursue forfeiture based on suspected violations of federal law, giving agencies another avenue to pursue forfeiture even if state laws are more restrictive.

“Jeff Sessions is wrong,” said Lucido, a supporter of Republican President Donald Trump, who appointed the attorney general. He criticized Sessions for the policy reversal during a Friday taping of “Off The Record” on WKAR-TV.

“From the moment the Legislature made its mistake here years ago and said we are allowed to take property without having due process of the law, the right and the opportunity to be heard, that gave everybody free rein at police agencies to go in and take things they’re not authorized to do,” said Lucido, who is also an attorney.

The new federal policy could make it easier for state or local agencies to pursue civil asset forfeiture in Michigan, said Jarrett Skorup of the Mackinac Center for Public Policy. In cases involving federal laws, those agencies could seize property “just based on probable cause rather than what our state standards require, which is clear and convincing evidence.”

Kimberly Buddin with the American Civil Liberties Union of Michigan said it’s not clear how the “probable cause” standard would be applied. Buddin said she does not think the federal policy will have a large impact in Michigan because the state still has relatively lax forfeiture laws.

“States that have stricter policies in place are going to see the biggest impact from this new order, but in Michigan, unfortunately, we still have a long ways to go,” she said. “It’s not going to impact us as much as it will some of those other places.”

Michigan police agencies reported confiscating $15,288,514 in cash last year that was eventually forfeited by owners, along with 2,037 vehicles, 806 weapons, 276 financial securities and 15,160 other personal property items of some value.

More than $12 million in cash and assets “amassed by drug dealers was forfeited” in 2016, Michigan State Police Director Kriste Etue said in a letter delivered to state House and Senate officials along with the new report. Law enforcement officials have been open to some civil asset forfeiture reforms but have otherwise defended the practice as an important tool to break up profitable criminal enterprises.

Forfeiture funds were used to “enhance law enforcement by providing resources for equipment, personnel, vehicles, training and supplies,” Etue said. The seizures also “allowed some agencies to contribute monies to nonprofits that assist in obtaining information from citizens and solving crimes.”

Police reported keeping cash or property worth $6.6 million, selling items worth $1.3 million, pending sales of items worth another $282,471, donating property worth $26,150 and destroying items worth $12,475. Overall, they reported $12.3 million in net proceeds between Feb. 1 and Dec. 31, 2016.

That’s likely down from 2015, when net proceeds totaled approximately $20.5 million, according to state police. The 2016 report includes only 11 months of data because of the implementation date of the new reporting requirements.

A majority of the 2016 forfeitures — 4,955 — were processed under the state public health code, which includes laws governing controlled substances. Another 139 were related to suspected violations of public nuisance laws, including prostitution or illegal gambling.

Forfeitures were most commonly tied to possession of less than 25 grams of cocaine, heroin or other narcotics, with agencies reporting 897 instances. Another 824 forfeitures were related to individuals suspected of delivering or manufacturing marijuana.

A continuing push to reform Michigan’s civil asset forfeiture law has brought together legislators and groups from different sides of the political spectrum, including the free-market Mackinac Center and more left-leaning ACLU of Michigan.

The reform coalition supports Lucido’s bill to require a criminal conviction but wants to see a larger package that also would limit what police agencies can do with cash or property they confiscate, Skorup said.

“All the money goes back to law enforcement, and that creates an incentive,” he said.

Collectively, 30 percent of all asset forfeiture money used by state and local police agencies last year was spent on equipment, according to the report. Another 10 percent was spent on personnel, followed by seven percent each on supplies and materials, vehicles and training.

 

[momofthegoons]

Should marijuana be legal in Michigan? 57% of voters say yes
January 23, 2018

DETROIT - With a proposal to legalize recreational Marijuana in Michigan likely heading to the 2018 ballot in November's election, a new poll reveals where voters stand on the controversial measure.

An exclusive Local 4-Detroit News poll found 56.6% of voters support the proposal while 36.7% oppose it.

6.7% of voters were undecided.

Here's what else the poll found:

• • While 37.8% would strongly support the proposal, 29.0% would strongly oppose the proposal.
• • Party affiliation appears to bear some influence as a predictor on this proposal. The chart below compares positions by party affiliation:

Party Support Oppose

Strong Dem 71.5% 24.3%

Lean Dem 67.0% 24.9%

Independent 51.1% 41.3%

Lean GOP 44.7% 48.4%

Strong GOP 43.5% 53.4%

• The greatest indicator on a voters’ position, however, is based on whether or not they have smoked marijuana at some point in their life. 47.5% of voters said they have tried marijuana. 48.8% of voters said they have not tried marijuana.
• • Among voters that have tried marijuana, the proposal passed by a margin of 72.7%-22.8%.
• • Among voters that have not tried marijuana, the proposal fails by a margin of 40.6%-51.5%.

The poll was conducted by the Glengariff Group, Inc and surveyed 600 Michigan residents who would likely vote in November's 2018 General Election.

 

[momofthegoons]

Last week, the Michigan Dept. of Treasury made a change to the sales tax policy and now patients are required to pay 6% sales tax on their medical marijuana. The letter I received from NORML:

As some of you may be aware by now, last Thursday, January 18, 2018, the Michigan Department of Treasury quietly issued a new policy directive stating that all transactions between a patient and the caregiver he or she is connected to through the MMMP registry, are subject to 6% Use Tax to be paid by the patient! That report is real and several Michigan NORML board members are aggressively seeking to rectify this horrifying change of policy.

First, we have coined this new tax, the PATIENT TAX, because it only applies to patients and we believe that terminology will resonate with the public. We are working with a large media outlet to produce an Op-Ed piece to help publicize this issue. We have reached out to our national partners for consultation and assistance, and we are steadfastly engaging legislators demanding that they act to correct this travesty.

Here's what we know and how it could impact patients and caregivers

Is there is a new tax policy in place that may impact patients in 2018?
YES. On January 18, 2018, the Michigan Department of Treasury issued Revenue Administrative Bulletin 2018-2. (document attached) That document outlines new tax policy for cannabis businesses, patients and caregivers. One of the conclusions on this report states;

...a qualifying patient that receives marihuana from a primary caregiver is liable for use tax at a rate of 6% of the “purchase price” of the marihuana. Use tax should be remitted and reported annually on the qualifying patient’s Michigan Individual Income Tax Return (Form MI-1040).

They make their intent clear by providing this example;

Example 2. Carrie is a caregiver under the MMMA. Carrie provides marihuana in exchange for $100. Carrie is not liable for sales tax on the $100 since sales by caregivers under the MMMA are a non-taxable service. However, Paul is liable for use tax based on the purchase price of the marihuana. Paul should report and remit $6 in use tax for the use and consumption of this property on line 23 of his Michigan Individual Income Tax Return (MI-1040).


Will this change effect my 2017 income tax returns?
NO. This administrative change is not retroactive.


Will I have to pay 6% use tax on purchases from my caregiver this year?
MAYBE. This change is so new, nobody knows with any certainty exactly what it means just yet, but if this policy remains in place, then yes, patients would be required to remit a 6% use tax to the State when they file their annual income tax returns.


Will this change impact caregivers?
NO. Not directly according to this bulletin that also addresses a caregiver's tax obligation. It states;

A registered primary caregiver under the MMMA “may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation does not constitute the sale of controlled substances.” Therefore, primary caregiver provision of marihuana and marihuana derived products in compliance with the MMMA is a non-taxable service and not subject to sales or use tax.

Please refer to the example above where Paul is a patient and Carrie is a caregiver.


You probably have more questions, but at this point, any answer we give would be purely speculation. Please be patient and be prepared to act when we issue an action alert.


Just so you know, we have offered a specific legislative solution to legislators who care about our issue and who are just as appalled by this travesty as we are. We are confident they will ultimately understand the urgent need to act and correct this gross miscarriage of tax authority. We are also discussing legal strategies in case this ends up going that far, but whatever happens, we won't surrender on this issue and we're going to need everybody's help when the time to act arrives! Please be ready!


Brad Forrester
Michigan NORML Director of Social Media

And a copy of the actual bulletin from Michigan Dept. of Treasury:

REVENUE ADMINISTRATIVE BULLETIN 2018-2 Approved: January 18, 2018

NICK A. KHOURI STATE TREASURER

MARIHUANA PROVISIONING CENTER TAX AND SALES AND USE TAX TREATMENT OF MARIHUANA

RAB 2018-2. This Revenue Administrative Bulletin (RAB) explains the marihuana1 provisioning center tax imposed by the Medical Marihuana Facilities Licensing Act (MMFLA) and the sales and use tax treatment of marihuana and marihuana-derived products sold pursuant to the MMFLA and the Michigan Medical Marihuana Act (MMMA).2

ISSUES

1. What tax is imposed by the MMFLA?
   
   
2. Is the sale of marihuana or marihuana-derived products taxable under the General Sales Tax Act (GSTA) and the Use Tax Act (UTA)?
   
   
3. What are the tax return and remittance requirements and procedures under the MMFLA and the GSTA?

CONCLUSIONS
I. Provisioning Center Tax

The MMFLA imposes tax on the gross retail receipts of a provisioning center3 licensed under the MMFLA at a rate of 3%.4 The MMFLA does not limit the imposition of its tax

1 “Marihuana,” rather than “marijuana,” is the spelling used by the MMFLA and the MMMA.
2 This RAB does not address any of the duties or responsibilities the MMFLA or the MMMA places on the Department of Licensing and Regulatory Affairs (LARA).
3 The MMFLA defines “provisioning center” as “a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary

430 WEST ALLEGAN STREET  LANSING, MICHIGAN 48922 www.michigan.gov/treasury  (517) 373-3200

Pursuant to MCL 205.6a, a taxpayer may rely on a Revenue Administrative Bulletin issued by the Department of Treasury after September 30, 2006, and shall not be penalized for that reliance until the bulletin is revoked in writing. However, reliance by the taxpayer is limited to issues addressed in the bulletin for tax periods up to the effective date of an amendment to the law upon which the bulletin is based or for tax periods up to the date of a final order of a court of competent jurisdiction for which all rights of appeal have been exhausted or have expired that overrules or modifies the law upon which the bulletin is based.

RAB 2018-2 Page 2

to marihuana or marihuana-derived products; therefore, all gross retail receipts of a provisioning center5 are subject to the tax. This includes non-marihuana sales such as marihuana paraphernalia, clothing, food, or any other tangible personal property or service; there are no exemptions for any service or property under the MMFLA. In other words, all retail sales made by licensed provisioning centers are subject to the MMFLA’s tax. Unlike sales tax, a seller subject to the MMFLA’s gross retail receipts tax may not pass along the incidence of the tax to its customer; the seller may, however, consider the tax in establishing its prices.

Example 1. ABC, Inc. is a provisioning center. ABC sells rolling papers in addition to marihuana products. ABC is liable for the 3% tax imposed by the MMFLA for both rolling paper and marihuana product sales.

II. Sales and Use Tax6

The GSTA imposes a 6% sales tax on the gross proceeds of “all persons engaged in the business of making sales at retail, by which ownership of tangible personal property7 is transferred for consideration....”8 The UTA imposes a 6% tax “for the privilege of using, storing, or consuming tangible personal property9 in this state....”10 The GSTA and UTA (Acts) only impose tax on sale/use of tangible personal property not otherwise exempt under the GSTA and UTA and services that are specifically subject to tax.

The retail sales of marihuana and marihuana-derived products by a provisioning center are subject to sales tax.11 The sale of any other tangible personal property by a provisioning center or other person that is not otherwise exempt from sales or use tax is also subject to tax.

A registered primary caregiver12 under the MMMA “may receive compensation for costs associated with assisting a registered qualifying patient13 in the medical use of

caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the [LARA]'s marihuana registration process in accordance with the MMMA is not a provisioning center for purposes of this act.” MCL 333.27102(r).
4 MCL 333.27601(1).

5 For purposes of this RAB “provisioning center” only includes those provisioning centers that are licensed under the MMFLA.
6 This RAB does not address various exemptions for the inputs used to produce usable marihuana.
7 All marihuana products are “tangible personal property” as defined by the GSTA and UTA. MCL 205.51a(q) and MCL 205.92(k).

8 MCL 205.52(1).
9 See footnote 4, infra.
10 MCL 205.93(1).
11 A Michigan sales tax license is required for any person making retail sales of tangible personal property. Mich Admin Code R 205.1(1).
12 A “primary caregiver” is “a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.”

RAB 2018-2 Page 3

marihuana. Any such compensation does not constitute the sale of controlled substances.”14 Therefore, primary caregiver provision of marihuana and marihuana- derived products in compliance with the MMMA is a non-taxable service and not subject to sales or use tax. However, a qualifying patient that receives marihuana from a primary caregiver is liable for use tax at a rate of 6% of the “purchase price” of the marihuana.15 Use tax should be remitted and reported annually on the qualifying patient’s Michigan Individual Income Tax Return (Form MI-1040).

Example 2. Carrie is a caregiver under the MMMA. Carrie provides marihuana in exchange for $100. Carrie is not liable for sales tax on the $100 since sales by caregivers under the MMMA are a non-taxable service. However, Paul is liable for use tax based on the purchase price of the marihuana. Paul should report and remit $6 in use tax for the use and consumption of this property on line 23 of his Michigan Individual Income Tax Return (MI-1040).

The GSTA and UTA exempt the “sale of drugs for human use that can only be legally dispensed by prescription.”16 However, this exemption does not apply to the sale, use, storage, or consumption of marihuana or marihuana-derived products because at the time of the sale they are not dispensed pursuant to a prescription. Rather, a qualifying patient presents a registry identification card indicating that a physician has certified that the patient has a debilitating medical condition. Therefore, this exemption is inapplicable to the sale or transfer of marihuana for purposes of the MMFLA and the MMMA.

The GSTA and UTA also exempt the sale/use of “food or food ingredients,”17 which are defined as “substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. Food and food ingredients do not include alcoholic beverages and tobacco.”18 Marihuana-infused products19 are not eligible for this exemption because they are consumed for their medicinal value rather than for their taste or nutrition.

The sales and use tax bases include taxes imposed on the seller other than those imposed by the GSTA and UTA.20 Therefore, the 3% tax imposed by the MMFLA is also subject

13 A “qualifying patient” is “a person who has been diagnosed by a physician as having a debilitating medical condition.” MCL 333.26423(l).
14 MCL 333.26424(f).
15 MCL 205.93(1); MCL 205.92(d).

16 MCL 205.54g(1)(a) and MCL 205.94d(1)(a).
17 Id.
18 MCL 205.54g(3) and MCL 205.94d(3).
19 "Marihuana-infused product" means “a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.” MCL 333.26423(f).

20 MCL 205.51(1)(d)(ii) and MCL 205.92(f)(ii).

RAB 2018-2 Page 4

to sales and use tax when a provisioning center or other person sells property that is subject to sales and use tax.

Example 3. ABC, Inc. is a provisioning center. ABC sells marihuana to Customer for a sales price of $100. ABC is liable for $3 in tax under the MMFLA. ABC also is liable for sales tax based on 6% of $103, which amounts to a sales tax liability of $6.18. ABC must report and remit $3 on its return under the MMFLA and $6.18 on its sales tax return.

III. Return and Remittance Requirements and Procedures

The MMFLA requires provisioning centers to remit the provisioning center tax for a calendar quarter to the Department of Treasury (Treasury) by 30 days after the end of that calendar quarter, accompanied by a form prescribed by Treasury.21 The return must disclose the provisioning center’s gross quarterly retail receipts and the amount of tax due under the MMFLA. The return must be submitted electronically through Michigan Treasury Online (MTO).

Provisioning centers must file sales tax returns based on the frequency directed by Treasury (i.e., monthly, quarterly, or annually). Filing of returns for sales, use, and withholding taxes must be done electronically through MTO; sales, use, and/or withholding tax payments may also be remitted electronically through MTO.

Alternatively, payment of any Michigan taxes, including the provisioning center tax and sales, use and withholding taxes, may be made by cash or check at any Treasury field office. In order to process in-person payments of tax by check or cash, the taxpayer must provide either 1) a Medical Marihuana Tax Payment Voucher, Form 5098, and/or a Sales, Use and Withholding Payment Voucher, Form 5094, or 2) its tax identification number. Treasury field offices and MTO will not accept payments that are due to any other agencies, such as LARA.

What I would like to know is how they are going to monitor your usage. If a patient is expected to self report taxes owed to the state.... I can see this getting really messy fast.

 

[Shredder]

Last week, the Michigan Dept. of Treasury made a change to the sales tax policy and now patients are required to pay 6% sales tax on their medical marijuana. The letter I received from NORML:



And a copy of the actual bulletin from Michigan Dept. of Treasury:



What I would like to know is how they are going to monitor your usage. If a patient is expected to self report taxes owed to the state.... I can see this getting really messy fast.

Since the registery is private, and not available to the IRS or the state tax dept. how in the world would they enforce it, or quantify it?

It will probably like reporting Internet purchases for taxes by voluntary reporting. I kinda like that system, lol.

In Omer MI, peeps used to sell suckers when they ran up the rifle river for spawning. The state stepped in because selling game fish is illegal. So they changed to giving away fish in plastic bags customers must purchase.

 

[BD9]

So they changed to giving away fish in plastic bags customers must purchase.

This is similar to how people in DC get around the 'no selling' of cannabis clause. They wrap the weed up in a t-shirt and sell the t-shirt.
I bought a one ounce cotton t-shirt for $300.00!

What do you Michiganders think of the state possibly going full on legal? When Oregon, hmm, maybe it was Washington, went legal it screwed the medical users. Maybe @CarolKing can chime in. Seems like she had some difficulties.

 

[momofthegoons]

What do you Michiganders think of the state possibly going full on legal?

Tbh I'm not sure how I feel about it. On one hand I think the plant should just be legal period. But since we're under the thumb of the law on this; I don't know if going recreational is going to be a plus. The medical patients will probably stop getting their licenses (much like what is happening in other states that have gone recreational) so the revenue to the state will probably decrease. And, again imo, being recreational takes away from the credibility of cannabis being medicinal. We've fought long and hard to get better perceptions of cannabis as medicine... and going recreational turns it into something like alcohol. I think it's a double edged sword and could be a 'watch what you wish for' situation.

Here's another article on the taxation of medical marijuana.... the thing that really pisses me off here is that they are, again, treating medical cannabis like alcohol instead of medicine.

New “Patient Tax” Stuns Michigan Medical Marijuana Community
January 18 directive from Michigan Department of Treasury demands patients pay 6% tax on all patient-caregiver transactions; with no new change in law to spark this issue, why now?

by Rick Thompson/January 25, 2018

FLINT– Michigan medical marijuana patients are expected to pay a 3% MMFLA tax and a 6% sales tax on purchases from dispensaries under Michigan’s new cannabis distribution program as required by law, but a reversal of policy from the Department of Treasury requires patients not using dispensaries to pay a 6% penalty, too, and that has the patient services community up in arms.

In REVENUE ADMINISTRATIVE BULLETIN 2018-2 issued January 18 the Department of Treasury has decided to re-interpret the MMMA language and reverse their previous position on the taxation of cannabis sales. Every time a patient purchases cannabis from their registered caregiver the patient must log the sale and self-report a 6% use tax on the transaction, per the new directive.

“The Michigan Department of Treasury is exceeding it’s authority by implementing a new “PATIENT TAX” that requires registered patients to pay a 6% use tax on medical cannabis purchased from their caregiver,” wrote Matthew Abel, founding partner of the law firm Cannabis Counsel PLC and the Executive Director of MINORML.

The policy change comes without any associated change in MMMA language or court result, leaving the state’s 300,000 patients questioning the logic and the timing of the policy change.

“This new tax structure puts significant additional legal burden on caregivers operating in an already murky area of law,” said attorney Bruce Leach. “It signals the state’s clear intent to make caregiving as difficult as possible while the state moves to eventually eliminate caregivers altogether in favor of the regulated commercial market. If the state is going to implement this tax system then it is only fair that caregivers be allowed to have their goods properly enter into the regulated market.”

Caregivers are prevented from selling their goods through the state’s new dispensary system. Patients purchasing directly from a caregiver was a tax-free transaction for the first eight years of the MMMA, but now the definition of what is medicine and what is not seems to have morphed into a new phase which conveniently allows the state to make people pay for medicinal products.

“Michigan doesn’t tax medicine and we shouldn’t tax medical cannabis,” said Jeff Irwin, candidate for State Senate and a former House Representative, “especially when it is a critical tool in the fight against opioid abuse.”

In establishing the legitimacy of taxing cannabis the Treasury Bulletin identifies marijuana and marijuana-infused products as non-medicines because their use is not governed by a prescription written by a physician, but instead is derived from a recommendation written by a physician. However, in denying the tax-exempt status of cannabis foods, their own Bulletin identifies cannabis products as medicinal in this statement:

Marihuana-infused products are not eligible for this exemption because they are consumed for their medicinal value rather than for their taste or nutrition.

A letter opposing the change in how patients are treated by the state was sent from MINORML, the Michigan chapter of the National Organization for the Reform of Marijuana Laws, to all state legislators on Thursday, January 25.

In 2011 the Department of Treasury took a hands-off approach to cannabis sales and tax assessment. That statement was summarized in the MINORML letter.

In an April 2011 letter, Director of Bureau Tax Policy, Glenn R. White indicated that


“The MMA re-characterizes what otherwise might be a taxable sale of tangible personal property as a non-taxable caregiver service”, and that “The MMA does not authorize either a regulatory or enforcement role for the Department of Treasury.”

The MINORML letter cites the MMMA and identifies a new decision to issue a use tax on patients as a penalty which violates the 2008 voter-directed initiative. Attorneys and advocates agree.

“There is no basis or precedent for this ruling,” said Abel. “It seems entirely constructed from some type of wishful thinking on the part of the government.”

Brad Forrester is a Board member of the MINORML group from Cheboygan. When asked what impact this new policy would have on patients, Forrester responded, “The patients who comply with this new policy will place themselves and their caregivers at a higher risk for arrest and prosecution, simply by identifying themselves. Patients and caregivers now face a brand new risk, arrest and prosecution for income tax evasion, and conversely by complying, they are forced to divulge personal information that is confidential under the Michigan Medical Marihuana Act, but not confidential on the open records of our tax system.”

“As a criminal defense lawyer who represents patients and their caregivers, I’m concerned that tax rules could be used by law enforcement as another tool to violate privacy rights and to prosecute those who are doing their best to follow the Medical Marihuana Act,” said Southwest Michigan attorney Daniel Grow, past Chair of the Marijuana Law Section of the State Bar Association.

Forrester echoed that sentiment. “I can only imagine how overzealous cops and prosecutors will leverage this new law to help them squeeze patients and caregivers for some kind of lopsided plea agreement,” he said.

 

[Shredder]

This is similar to how people in DC get around the 'no selling' of cannabis clause. They wrap the weed up in a t-shirt and sell the t-shirt.
I bought a one ounce cotton t-shirt for $300.00!

What do you Michiganders think of the state possibly going full on legal? When Oregon, hmm, maybe it was Washington, went legal it screwed the medical users. Maybe @CarolKing can chime in. Seems like she had some difficulties.

I don't think anyone knows how legalization for medical users in MI will work out. The legalization plan proposed, that we should vote on in november, leaves the medical program alone, but I doubt patients will pay for a canna doc for very few benefits. So I assume patient numbers will decline.

For me a patient grower and caregiver, I hope it works out well and patients can pick up top notch medicine at great prices. Maybe I could take a vacation and live a little, lol. But this is MI, where politics screws everything up. I suspect the future will have some bumps, and home growers are harassed again, but really I don't know.

 

[momofthegoons]

Michigan Should Have No Shortage of Marijuana
Jan. 26, 2018

Stakeholders in Michigan’s medical marijuana industry appear eager to receive a state license now that the application period is open. Officials with the Department of Licensing and Regulatory Affairs say during the first month over 600 applicants either started the process of filling out paperwork or have already submitted paperwork and fees. The state is requiring licensing for growers, processors, provisioning centers, testing facilities, and transporters. David Harns is spokesperson for the licensing agency. He says so far almost 500 applicants are in some stage of applying for prequalification and nearly 125 have already completed that step.

“If you don’t have your local facility approved yet, by your municipality, you can check with us and fill out the prequalification portion, pay the application fee and let us do the background check and all of those different things to make sure you’re approved for that part, and then you can go back to the municipality” - David Harns, LARA

Harns says the state license will not be issued until business owners get approval from their local government as well. The process also includes a $6,000 dollar application fee. Harns says applicants face stiff financial commitments

“The application fee is $6000, there is also a regulatory assessment and that is an annual fee. (The category) Grower A, has regulatory assessment that is capped at $10,000 per year. The other license holders could see it between $10,000 and $57,000 per year”

He says the new protocols are also intended to provide a seamless transition, should Michigan voters decide to legalize recreational marijuana.

 

[momofthegoons]

There's a video of the actual news broadcast if you follow the link... but it can't be uploaded.

Fact Finder: How will medical marijuana businesses impact Michigan?

WSBT 22 News — Over the last year-and-a-half, communities in Michigan have had to make a decision: do they want medical marijuana in their town?

Niles and Buchanan are just two places that have decided to give it a try.


The towns are now waiting on the state.

Michigan began accepting applications for medical marijuana businesses on December 15th.

Until the state gives the go-ahead, local communities are trying to figure out exactly what the medical marijuana program will look like.

The city of Ann Arbor is already familiar with medical marijuana businesses.

The dispensary, Om of Medicine, opened there in 2010.

Co-founder Mark Passerini says he and his partner opened with the goal of helping people.

"For us, it's seeing the patients being able to wean themselves off of opioids, get healthier, get better is why we do it," said Passerini.

They run things a little diferrently at Om of Medicine. Patients are shown their options in a one-on-one setting.

Passerini said he wanted to create a dispensary his grandmother would feel comfortable in.

Chief Medical Officer Evangelos Litinas helps explain to patients what type of marijuana will work best for their condition.

He has a medical degree and an MBA in healthcare management from Loyola University.

"Admittedly, it's not for everyone, like any other medication really," said Litinas.

However, marijuana is different from other medications in that it is illegally federally.

Passerini admits they've been operating in a grey area.

"When we first decided to do this, my mother was very worried that we would be thrown in jail," said Passerini.

He says over the past eight years that worry has faded.

Passerini says they've been welcomed in Ann Arbor. They've worked with the University of Michigan, and were given their own plaque on Main Street.

Ann Arbor is known for having some of the most lenient cannabis laws in the state.

For years, Passerini has seen patients from Southwest Michigan drive hours to visit his store.

"That side of the state, almost all of the west side was kind of a cannabis desert so to speak where provisioning centers weren't really allowed," said Passerini.

A building on Front Street in Buchanan could soon become an oasis in that desert.

Passerini has applied for a state license to open a provisioning center, more commonly known as a dispensary, there.

"It's basically a lot of paperwork and opening up your whole life basically to show the state that you've been paying your taxes and that you're not a criminal," said Passerini.

Medical Marijuana is expanding thanks to three bills passed in Michigan in 2016.

The laws and the emergency rules released late last year create regulations for dispensaries, grow centers, and other marijuana facilities.

The laws help take medical marijuana out of the gray area, but local municipalities get to choose whether they want to participate.

That means much of the work falls on the desks of local leaders like Sanya Vitale, the community development director in Niles.

"I would say that really over the last year a substantial portion of my daily work has been on the medical marijuana program," said Vitale.

Niles has decided to participate in the program.

Late last year, Niles City Council members conditionally approved licenses for 4 grow operations, two processing centers, and two provisioning centers.

Those businesses are expected to fill some of the buildings in the industrial park.

Between the applications and other paperwork, Vitale estimates she's read over 30 thousand pages.

She hopes the businesses will attract people downtown and bring hundreds of new jobs, but she says the work isn't about the tax dollars.

One analysis she read estimated that if the state made a billion dollars a year on marijuana taxes, Niles only would get around $75,000.

"This is definitely worthwhile and not because of the money," said Vitale. "There isn't going to be a lot of money for small communities or actually most communities in the state. We're not looking at this being some sort of economic windfall. We're looking at it as a medical program for our constituency."

Cities and businesses have been doing all this work based on thestate's emergency rules that only last until June.

New state rules are expected then.

Until the state finalizes the rules and hands out the licenses, the cannabis desert remains.

"We're just hoping this is all not for naught. We're hoping that it's something that we can keep moving forward," said Passerini.

Passerini is hoping to hear back from the state sometime in April about his dispensary license.

Niles is looking at a similar timeline.

Vitale says a conservative estimate on when a store could open in Niles is this June

 

[momofthegoons]

There is a clip of the Stateside’s conversation with Jarrett Skorup of the Mackinac Center for Public Policy at the beginning of the article that could not be downloaded.

Bill would require police to get a conviction in order to keep confiscated property, money

Under Michigan's civil forfeiture laws, people can have their property and money forfeited to police without ever being convicted of breaking the law, or, in some instances, even charged with a crime.

State lawmakers are now considering a bill that would tighten up our state's loose civil forfeiture laws.

Jarrett Skorup with the Mackinac Center for Public Policy is testifying today in favor of House Bill 4158. Skorup joined Stateside to talk about the state of Michigan’s civil forfeiture laws.

Listen to the interview above, or read highlights below.

Michigan’s current civil forfeiture practices

Skorup said there is a large difference between how forfeiture “should work,” and how Michigan police departments carry out the practice. The practice of forfeiture should “ideally” target people “who are breaking the law, and they’ve gained assets from that.” Following a conviction, those assets would be forfeited and used by the state “to recompensate victims or to investigate crimes,” Skorup said.

In Michigan, however, police can seize property “without any criminal conviction or even allegation of a crime,” Skorup said. “It’s because the police are charging the asset of being involved in illegal activity rather than the person. So that’s how you get around what we normally think of as constitutional protections.”

What happens to seized assets?

Seizure of assets during an investigation is normal police protocol, Skorup said. But, he said, “the process in Michigan is the person who lost the asset has to challenge in order to get it back.”

In many cases, the legal fees associated with getting the asset back are worth more than the asset itself, Skorup said. That means some citizens, particularly low income people who can’t afford those legal fees, will lose their property or assets without being convicted of or charged with a crime.

Where does the money from forfeited assets go?

Michigan typically seizes and keeps “twenty to twenty five million dollars” worth of assets per year, Skorup said, and “one hundred percent of the profits go back to the local law enforcement [agency].” For some police departments with declining budgets, Skorup said, “they’ve relied more heavily on asset forfeiture.”

While the Mackinac Policy Center supports law enforcement, they find this practice worrisome, Skorup said, because it incentivizes police to seize property regardless of a conviction.

What would House Bill 4158 change?

Under the bill, law enforcement “would have to obtain a criminal conviction” before seizing anything “under $50,000 dollars, which is the vast majority of [forfeitures] that happen in the state,” Skorup said.

 

[momofthegoons]

Fact Finder 'Rights and Wrongs of Marijuana': Confusion at state line
ST. JOSEPH COUNTY — Confusion at the state line. Marijuana is legal in states like Colorado and Oregon.

In Michigan, people with medical marijuana cards are allowed to use but once you cross over into Indiana you are breaking the law -- even if you used weeks ago.

Roommates and friends Joshua Borsodi and Tyler Wiening are medical marijuana users. For Borsodi, it eases pain in his hand.

"Some days I can control it. Some days I can't," says Borsodi.

For Wiening, it helps control his chronic back pain.

"Relaxes me, calms me. eases it," says Wiening.

The men live in Niles and are careful with what they call their "medicine."

"I follow the rules, I follow the laws. I know my laws. I stay on top of them. I stay within guidelines and don't step outside them," says Borsodi.

That's important because while medical marijuana card holders can use the drug in Michigan, when they step across the state line the rules change.

"Your law stops at the border," says St. Joseph County Deputy Prosecutor Eric Tamashasky, "it is basically the drug equivalent to the Legend of Sleepy Hollow. Once you cross the bridge it is a whole different set of rules."

Tamashasky says no matter what, marijuana is off limits in Indiana.

"For our perspective, the way Indiana law works-- if you have marijuana in your system you are committing a crime," he says.

Toxicologists say the drug can stay in your system as long as 30 days.

That means, even if you haven't used for weeks you could still be committing a crime in Indiana if you get behind the wheel.

"So you can basically be a DUI ticking time bomb for weeks after you smoked," says Tamashasky, "it is not relevant if you smoked where it is legal and now are cruising around in Indiana. Should that result show up in a toxicology test, you are subject to a DUI charge."

Paul Stanko is a Criminal Defense Attorney in South Bend. He defends people who face legal challenges about marijuana.

"I've had clients who have medical marijuana cards and they use it for pain management or nausea, appetite issues, cancer," says Stanko.

Many of Stanko's clients find themselves in trouble behind the wheel.

"It could be anything: speeding, tail light out. This happens all the time," says Stanko.

In fact, the law is similar in Michigan. Even if you are a medical marijuana card holder.

"Medical marijuana patents and caregivers don't have the luxury of making other mistakes in their lives that would have no consequences for someone who is not a medical marijuana patient or caregiver -- fights with neighbors, driving errors -- anything that brings law enforcement into your life could be a problem for a patient or caregiver," says Daniel Grow, a criminal defense attorney in Southwest Michigan.

Grow's practice is almost exclusively focused on the defense of people with medical marijuana issues. One of the issues that keeps him busy is employment. His office, along with the ACLU, tried to bring legal action against Wal-Mart after the company fired a man with inoperable brain cancer because he used marijuana.

"Ultimately, the federal courts decided the protections in the language of Michigan's medical marijuana act does not extend to private employers," says Grow.

That means, you can be fired from your job, even if you use the drug legally. The same is true in Indiana.

"I advise people to maintain their level of privacy just as if they were doing something illegal," says Grow, "just because you have a medical marijuana card doesn't mean it is a good reason to talk about it, let anyone know you are a patient, certainly let anyone know you are growing marijuana because the risk of law enforcement is too great."

That is the rule that Borsodi and Wiening follow.

"The way I look at it is it is for my eyes and my eyes only," says Wiening.

It is not only a legal issue but a safety and security issue too. The men say when they got their medical marijuana card, they also had to give up their guns because of Michigan law.

Marijuana is still illegal under federal law no matter what state you are in.