Why A Michigan Medical Marijuana Architect Is Pushing For Major Change

Jacob Redmond

Well-Known Member
If he was starting from scratch today, one of the key architects of Michigan's medical marijuana law would do a lot of things different.

Tim Beck, who helped organize the successful 2008 ballot campaign, says the patient-caregiver model proposed to voters that year was very much a product of its time.

"The political climate was radically different," Beck said Thursday. "The DEA was very aggressive going after medical marijuana patients in California. They were arresting patients. The Bush administration was very aggressive in that regard, but we needed to have a medical marijuana act."

A main goal of the initiated law, he said, was to legalize medical use in a way that made it impossible for the DEA to intervene in Michigan and enforce federal law, which continues to treat marijuana as a Schedule I controlled substance.

"That's why we created this caregiver system where you have thousands of small-time growers all over the state," Beck said. "It may not have been the most perfect method of distributing and providing medical marijuana to patients, but it was pretty much bullet proof in the sense that it would be impossible for the DEA to enforce federal law."

Fast forward seven years, and the Obama administration has generally directed federal prosecutors and agents to respect state-level marijuana laws. At the same time the political climate has changed considerably, with polls suggesting a slim majority of Americans now support for full legalization.

Beck supports legalization as an end goal, but he's part of a new group that first wants to reform Michigan's medical system. Paul Welday, a prominent Oakland County Republican who chairs the Michigan Responsibility Council, calls it a "walk before you run" approach.

MRC is among a handful of organizations urging the Michigan Legislature to create a regulated system for medical marijuana growth, distribution and sales. And it's willing to launch a petition drive if lawmakers don't get the job done by the end of this year.

Welday said the group generally supports "provisioning center" and edible medical marijuana bills sitting before the House Judiciary Committee, but it is also pushing its own policy proposals and tweaks.

Most notably, the MRC wants the state to license large scale medical marijuana growers who have the capacity to grow up to 120,000 plants within 18 months of certification. A second license type would be available for growers with less than 500 plants.

That could benefit MRC's initial investors, which include large-scale growers who are prepared to start producing quickly, but Welday said the proposal would not limit others from getting into the industry.

"Any suggestion that there would be a monopoly or a cartel or some of these other things is really a misunderstanding of our approach," Welday said, referencing comparisons between the MRC and a closely-watched legalization effort in Ohio.

"We believe there's room for large grows, but we certainly believe it makes sense to have smaller growers in the marketplace as well."

The MRC's proposal, which it is calling Responsible Medical Marihuana Distribution Act, would create a 5-member state board, appointed by the governor, to oversee licensing of medical growers, processors, distributors, dispensaries and safety compliance facilities.

Transfers from a distributor to a dispensary would be taxed at 8 percent, with proceeds used to run the system and additional revenue divided between the state's general fund, local municipalities, counties and sheriffs.

The regulated medical system would not replace the current patient-caregiver model. The 2008 law, which allows for smaller homegrows, would remain in place.

"Back then, if the climate was different, we would have wrote the law pretty much like what we're proposing – where you have a solid, regulated system where it's right out front" said Beck, a senior advisor for the MRC.

"(Patients) can go down to a regulated dispensary with quality assurance, that pays taxes and does all the normal things that any other normal business would do."

The 2008 law did not address dispensaries, and a 2013 Michigan Supreme Court ruling empowered county prosecutors to shut them down as a public nuisance. Some facilities continue to operate at the discretion of local law enforcement authorities.

The Michigan Court of Appeals, in a 2013 ruling that Beck singled out as "over the top," ruled that pot brownies and other edibles were not a "usable" form of medical marijuana allowed under the voter-approved law.

The Michigan House approved medical dispensary and edible legislation in 2013, but the measures stalled in the Senate late last year amidst opposition from law enforcement leaders. Reintroduced bills, which have evolved considerably, are currently in committee.

"The frustrating thing is just the Legislature's inability to make a decision and make any simple corrections," said Beck.

His work with the MRC, and his push for a regulated medical marijuana model, has put him at odds with some other long-time activists, who are concerned that over regulation could could drive up prices and squeeze out home growers.

While the MRC backed of the idea of a full legalization campaign, the regulations it is proposing could create a regulatory framework in the case that another ballot measure is passed.

Two other groups are currently collecting signatures for potential 2016 ballot proposals to legalize recreational marijuana use by adults. One of those groups, a committee run by activists who have worked with Beck on previous campaigns, have been highly critical of the MRC.

Jeff Hank, chairman of MILegalize, said he was pleased that MRC has backed off plans to pursue a "cartel" legalization model like Ohio, but he said it is unfortunate that the group is "joining an already convoluted and failed Legislative process to over-regulate and commercialize medical marihuana."

The MILegalize proposal would allow storefront access and non-smokable marijuana to medical patients ""while also establishing the regulatory framework for an adult-use industry that provides economic opportunity and jobs rather than limits each through unnecessary market intervention," Hank said.

A spokesman for the second legalization group, the Michigan Cannabis Coalition, was not immediately available for comment on Thursday.

While the MRC "is reserving the right" to launch a medical marijuana petition drive, the group is hoping that the Legislature acts on its own.

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