Ron Strider
Well-Known Member
Where Michigan fits in to the national marijuana conversation
In 2008, Michigan became one of 29 states that have passed measures fully legalizing or decriminalizing medical marijuana. Since that vote, conversations on what that ballot proposal means for Michigan at the federal level, how it should be regulated by the state and local governments and whether Michigan should go another step further and legalize recreational marijuana use have persisted.
Eight states — Washington, Oregon, California, Colorado, Nevada, Alaska, Maine and Massachusetts — and Washington, D.C. have voted to legalize recreational marijuana. Michigan could join that group in 2018 if a petition to regulate recreational marijuana gains enough signatures to make the ballot and is approved by voters.
Every state that's made moves to legalize or regulate marijuana are technically in violation of federal law, which classifies marijuana as a Schedule I drug and prohibits sale or use. But a largely hands-off approach to state marijuana activity from the Obama administration has allowed state-legalized industries to blossom.
Attorney General Jeff Sessions has suggested he'd like to take a different approach to states that have legalized marijuana use, but it's unclear whether Congress and public sentiment will let that happen. Here's a summary of what the Trump administration has said so far about marijuana, and what that means for Michigan and other states with marijuana-friendly policies.
U.S. Attorney General no fan of marijuana
In April, Attorney General Jeff Sessions started The Task Force on Crime Reduction and Public Safety, made up of prosecutors and law enforcement officials, to tamp down violent crime. He included marijuana policies in the task force's to-do list alongside charging and sentencing practices, immigration enforcement and human trafficking.
Sessions has advocated for a more active federal role on policing marijuana use and transportation across state lines. In a May letter to Congressional leaders, Sessions said it would be "unwise" to restrict Department of Justice funding when the nation is fighting what he described as a historic drug epidemic.
"The department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives," he wrote.
Task force recommends further evaluation
According to the Associated Press, that task force suggested the Cole Memorandum, which restricts federal marijuana enforcement in states that have legalized medical or recreational use, should be reevaluated.
Among its other recommendations, portions of the report obtained by the Associated Press suggest the Justice Department should team up with the Department of Treasury to offer additional guidance to financial institutions regarding marijuana, and develop "centralized guidance, tools and data related to marijuana enforcement."
House committee blocks vote on marijuana amendments
Last week, the House Rules Committee appeared to heed Sessions' request, blocking a vote on several marijuana-related amendments. One of those was the Rohrabacher-Blumenauer Amendment, which has prevented the Justice Department from using federal money to pursue states that have legalized marijuana in any capacity.
The amendment's Republican sponsor, California Rep. Dana Rohrabacher, said in a Washington Post op-ed that if Congress chooses to "bury state autonomy in order to deny patients an alternative to opioids, and ominously federalize our police, our hypocrisy will deserve the American people’s contempt."
The U.S. Senate Appropriations Committee included that protection in its budget, so the issue will be decided when the House and Senate come together for budget reconciliation talks.
Other marijuana-related issues the House opted not to consider were amendments to protect marijuana use for adults in states that have legalized it and to assist banks serving legal cannabis businesses.
What does President Trump think?
In several instances on the campaign trail, President Donald Trump said he believed marijuana regulation should be left up to the states to decide.
Trump hasn't personally said much on the subject since, but in February, former Press Secretary Sean Spicer said the administration considers medical and recreational marijuana two distinct issues, adding, "I believe that (the Department of Justice) are going to continue to enforce the laws on the books with respect to recreational marijuana."
Some skeptical federal government will get involved
In an August interview with MLive, Jeff Hank, an attorney who has long been involved with marijuana legalization efforts in Michigan, said if Congress continues to limit spending on marijuana enforcement, Sessions' hands could be tied.
"I don’t really actually expect Sessions to do anything. I think a lot of it is talk from him," Hank said. "It appears that the trajectory is going to be towards marijuana legalization on the state-by-state level. Who knows what happens on the federal level, but I don’t think the feds are going to stop it."
Two recreational ballot proposals cleared for signature gathering
Two separate ballot petitions that would legalize recreational marijuana in Michigan were cleared for signature gathering by the Board of State Canvassers this year.
One of those, the Coalition to Regulate Marijuana Like Alcohol, reports it's passed the 200,000-signature mark. The group's final goal is 366,000, although only 252,523 validated signatures are needed to get on the 2018 ballot.
If approved by Michigan voters in November 2018, the Coalition to Regulate Marijuana Like Alcohol initiative would:
•Legalize personal possession, cultivation, and use of limited amounts of cannabis for adults 21 and older;
•Legalize the cultivation of industrial hemp;
•License marijuana businesses that cultivate, process, test, transport, and sell marijuana;
•Establish testing and safety regulations for retail marijuana; and
•Tax marijuana at retail levels with a 10 percent excise tax and 6 percent sales tax, which will support K-12 public schools, roads, and local governments.
Another initiative, Abrogate Prohibition Michigan, would nullify all current state laws prohibiting or regulating the use of marijuana. The petition would also prohibit fines, taxes and penalties for marijuana use.
Coalition plan would grant Michigan residents highest marijuana possession in U.S.
The Coalition to Regulate Marijuana Like Alcohol proposal would put Michigan on par with Maine for personal possession limits, which allow allows 2.5 ounces on person. It would tie Massachusetts for the limit on at-home possession, which allows the possession of 10 ounces at home.
But because neither of those states allows as much as Michigan in the other category, Michigan would have the highest possession limits overall under the ballot proposal.
Michigan would also join states like Maine and Massachusetts in allowing unlimited possession of what citizens grow in the form of their own, limited number of legal plants.
State board working on medical marijuana regulations
Outside of ongoing recreational marijuana conversations, the state's Medical Marijuana Licensing Board has been tasked with setting up a regulatory framework for the medical marijuana industry under rules approved by the state Legislature last session.
That board has held public meetings twice this year and has been tasked with approving licenses for the medical marijuana industry.
Legislation signed by Gov. Snyder in September 2016 gave the go-ahead for state government to regulate the medical marijuana industry after the 2008 voter-initiated law to legalize it led to grey areas and legal battles. Regulatory functions include the licensing, investigation and enforcement of medical marijuana growers, processors, secure transporters, provisioning centers and safety compliance facilities.
The law requires the Bureau of Medical Marihuana Regulation, housed in the state Department of Licensing and Regulatory Affairs, to make licensing applications available by December 15, 2017.
Fate of current dispensaries unclear
At its August 21 meeting, members of the board suggested all currently operating dispensaries would need to cease operation if they wanted to be eligible for licenses in the future.
The board delayed decision on a motion from board member Donald Bailey, who proposed if dispensaries did not close by Sept. 15, they would not be eligible for licensure under the new system that will be put in place on Dec. 15.
Jason Moon, a spokesperson for the Department of Licensing and Regulatory Affairs, which houses the Bureau of Medical Marihuana Regulation, said there would be a review if such a proposal did pass.
The board asked for input from LARA before they made a decision on requiring dispensaries to shut down.
Some municipalities are beginning to act on local policies
Because state law requires medical marijuana licensing applicants to have approval from the municipality it would be housed in, local governments across Michigan are currently grappling with how the medical marijuana industry should be handled on a community basis.
On Thursday, the city of Lansing was the latest Michigan city to approve a medical marijuana ordinance. According to the Lansing State Journal, the ordinance caps dispensaries at 25 in the city and requires a $5,000 local license fee with application.
The city of Detroit has had a regulatory ordinance for medical marijuana in place since 2015 and has shut down 175 dispensaries in that time frame.
Municipalities also have the option to opt out of the medical marijuana business entirely.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: What a change in direction on federal marijuana policy could mean for Michigan | MLive.com
Contact: MLive contacts, services and support | MLive Contacts - MLive.com
Photo Credit: Getty Images
Website: Michigan Local News, Breaking News, Sports & Weather - MLive.com
In 2008, Michigan became one of 29 states that have passed measures fully legalizing or decriminalizing medical marijuana. Since that vote, conversations on what that ballot proposal means for Michigan at the federal level, how it should be regulated by the state and local governments and whether Michigan should go another step further and legalize recreational marijuana use have persisted.
Eight states — Washington, Oregon, California, Colorado, Nevada, Alaska, Maine and Massachusetts — and Washington, D.C. have voted to legalize recreational marijuana. Michigan could join that group in 2018 if a petition to regulate recreational marijuana gains enough signatures to make the ballot and is approved by voters.
Every state that's made moves to legalize or regulate marijuana are technically in violation of federal law, which classifies marijuana as a Schedule I drug and prohibits sale or use. But a largely hands-off approach to state marijuana activity from the Obama administration has allowed state-legalized industries to blossom.
Attorney General Jeff Sessions has suggested he'd like to take a different approach to states that have legalized marijuana use, but it's unclear whether Congress and public sentiment will let that happen. Here's a summary of what the Trump administration has said so far about marijuana, and what that means for Michigan and other states with marijuana-friendly policies.
U.S. Attorney General no fan of marijuana
In April, Attorney General Jeff Sessions started The Task Force on Crime Reduction and Public Safety, made up of prosecutors and law enforcement officials, to tamp down violent crime. He included marijuana policies in the task force's to-do list alongside charging and sentencing practices, immigration enforcement and human trafficking.
Sessions has advocated for a more active federal role on policing marijuana use and transportation across state lines. In a May letter to Congressional leaders, Sessions said it would be "unwise" to restrict Department of Justice funding when the nation is fighting what he described as a historic drug epidemic.
"The department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives," he wrote.
Task force recommends further evaluation
According to the Associated Press, that task force suggested the Cole Memorandum, which restricts federal marijuana enforcement in states that have legalized medical or recreational use, should be reevaluated.
Among its other recommendations, portions of the report obtained by the Associated Press suggest the Justice Department should team up with the Department of Treasury to offer additional guidance to financial institutions regarding marijuana, and develop "centralized guidance, tools and data related to marijuana enforcement."
House committee blocks vote on marijuana amendments
Last week, the House Rules Committee appeared to heed Sessions' request, blocking a vote on several marijuana-related amendments. One of those was the Rohrabacher-Blumenauer Amendment, which has prevented the Justice Department from using federal money to pursue states that have legalized marijuana in any capacity.
The amendment's Republican sponsor, California Rep. Dana Rohrabacher, said in a Washington Post op-ed that if Congress chooses to "bury state autonomy in order to deny patients an alternative to opioids, and ominously federalize our police, our hypocrisy will deserve the American people’s contempt."
The U.S. Senate Appropriations Committee included that protection in its budget, so the issue will be decided when the House and Senate come together for budget reconciliation talks.
Other marijuana-related issues the House opted not to consider were amendments to protect marijuana use for adults in states that have legalized it and to assist banks serving legal cannabis businesses.
What does President Trump think?
In several instances on the campaign trail, President Donald Trump said he believed marijuana regulation should be left up to the states to decide.
Trump hasn't personally said much on the subject since, but in February, former Press Secretary Sean Spicer said the administration considers medical and recreational marijuana two distinct issues, adding, "I believe that (the Department of Justice) are going to continue to enforce the laws on the books with respect to recreational marijuana."
Some skeptical federal government will get involved
In an August interview with MLive, Jeff Hank, an attorney who has long been involved with marijuana legalization efforts in Michigan, said if Congress continues to limit spending on marijuana enforcement, Sessions' hands could be tied.
"I don’t really actually expect Sessions to do anything. I think a lot of it is talk from him," Hank said. "It appears that the trajectory is going to be towards marijuana legalization on the state-by-state level. Who knows what happens on the federal level, but I don’t think the feds are going to stop it."
Two recreational ballot proposals cleared for signature gathering
Two separate ballot petitions that would legalize recreational marijuana in Michigan were cleared for signature gathering by the Board of State Canvassers this year.
One of those, the Coalition to Regulate Marijuana Like Alcohol, reports it's passed the 200,000-signature mark. The group's final goal is 366,000, although only 252,523 validated signatures are needed to get on the 2018 ballot.
If approved by Michigan voters in November 2018, the Coalition to Regulate Marijuana Like Alcohol initiative would:
•Legalize personal possession, cultivation, and use of limited amounts of cannabis for adults 21 and older;
•Legalize the cultivation of industrial hemp;
•License marijuana businesses that cultivate, process, test, transport, and sell marijuana;
•Establish testing and safety regulations for retail marijuana; and
•Tax marijuana at retail levels with a 10 percent excise tax and 6 percent sales tax, which will support K-12 public schools, roads, and local governments.
Another initiative, Abrogate Prohibition Michigan, would nullify all current state laws prohibiting or regulating the use of marijuana. The petition would also prohibit fines, taxes and penalties for marijuana use.
Coalition plan would grant Michigan residents highest marijuana possession in U.S.
The Coalition to Regulate Marijuana Like Alcohol proposal would put Michigan on par with Maine for personal possession limits, which allow allows 2.5 ounces on person. It would tie Massachusetts for the limit on at-home possession, which allows the possession of 10 ounces at home.
But because neither of those states allows as much as Michigan in the other category, Michigan would have the highest possession limits overall under the ballot proposal.
Michigan would also join states like Maine and Massachusetts in allowing unlimited possession of what citizens grow in the form of their own, limited number of legal plants.
State board working on medical marijuana regulations
Outside of ongoing recreational marijuana conversations, the state's Medical Marijuana Licensing Board has been tasked with setting up a regulatory framework for the medical marijuana industry under rules approved by the state Legislature last session.
That board has held public meetings twice this year and has been tasked with approving licenses for the medical marijuana industry.
Legislation signed by Gov. Snyder in September 2016 gave the go-ahead for state government to regulate the medical marijuana industry after the 2008 voter-initiated law to legalize it led to grey areas and legal battles. Regulatory functions include the licensing, investigation and enforcement of medical marijuana growers, processors, secure transporters, provisioning centers and safety compliance facilities.
The law requires the Bureau of Medical Marihuana Regulation, housed in the state Department of Licensing and Regulatory Affairs, to make licensing applications available by December 15, 2017.
Fate of current dispensaries unclear
At its August 21 meeting, members of the board suggested all currently operating dispensaries would need to cease operation if they wanted to be eligible for licenses in the future.
The board delayed decision on a motion from board member Donald Bailey, who proposed if dispensaries did not close by Sept. 15, they would not be eligible for licensure under the new system that will be put in place on Dec. 15.
Jason Moon, a spokesperson for the Department of Licensing and Regulatory Affairs, which houses the Bureau of Medical Marihuana Regulation, said there would be a review if such a proposal did pass.
The board asked for input from LARA before they made a decision on requiring dispensaries to shut down.
Some municipalities are beginning to act on local policies
Because state law requires medical marijuana licensing applicants to have approval from the municipality it would be housed in, local governments across Michigan are currently grappling with how the medical marijuana industry should be handled on a community basis.
On Thursday, the city of Lansing was the latest Michigan city to approve a medical marijuana ordinance. According to the Lansing State Journal, the ordinance caps dispensaries at 25 in the city and requires a $5,000 local license fee with application.
The city of Detroit has had a regulatory ordinance for medical marijuana in place since 2015 and has shut down 175 dispensaries in that time frame.
Municipalities also have the option to opt out of the medical marijuana business entirely.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: What a change in direction on federal marijuana policy could mean for Michigan | MLive.com
Contact: MLive contacts, services and support | MLive Contacts - MLive.com
Photo Credit: Getty Images
Website: Michigan Local News, Breaking News, Sports & Weather - MLive.com
