marijuana

Election 2011
11:24 pm
Tue November 8, 2011

Kalamazoo votes to chill out on marijuana enforcement

Kalamazoo voters supported an effort aimed at making possession of a small amount of marijuana a "low" priority for police.
USFWS

Voters in Kalamazoo voted to make possession of an ounce or less of marijuana a "low" local police priority.

Supporters of the effort said police in the city should instead focus on violent crime.

More from the Kalamazoo Gazette:

All votes are in and Kalamazoo citizens voted to make a small amount of marijuana use a low priority for Kalamazoo’s law enforcers on Tuesday night.

The ballot initiative passed with 4,649 "yes" votes to 2,416 that voted it down.

The proposal read: “Shall the Kalamazoo City Charter be amended such that the use and/or consumption of one ounce or less of usable marijuana by adults 21 years or older is the lowest priority of law enforcement personnel?”

Kalamazoo is the first city in the state to have such charter language.

The city's Public Safety director has said that the result of the vote will most likely not effect how police in the city do their job.

Politics
8:08 am
Sat October 22, 2011

Medical marijuana advocate warns of over-regulation

An advocate for medical marijuana in Michigan is urging state lawmakers against over-regulation.

Tim Beck of the Michigan Association of Compassion Centers says the law was designed to give local governments a lot of latitude when it comes to regulating dispensaries.

“Ann Arbor has come up with some very excellent regulations on dispensaries. Security requirements - the City of Lansing has done that. The individuals that have had problems are the individuals that have been careless,” said Beck.

Beck acknowledges there are gaps in the law.

“We couldn’t put everything in a ballot initiative,” he said. “And I will admit, okay, we deliberately did not put anything about dispensaries in the law.”

Beck believes Michigan will legalize marijuana by 2016.

The state House Judiciary Committee is expected to hold hearings later this year on legislation that could settle confusion over the medical marijuana act.

- Chelsea Hagger - Michigan Public Radio Network

Politics
5:12 pm
Tue September 27, 2011

No-fault insurance coverage could not cover medical marijuna under Michigan bill

People injured in auto crashes would not be allowed to use their no-fault coverage to pay for medical marijuana to treat chronic pain under a bill approved by a legislative committee.

The measure is one of several proposed new restrictions to Michigan’s medical marijuana law.

The law was enacted by voters in 2008.

Peter Kuhnmuench is with the Insurance Institute of Michigan, which supports the measure. He says insurance coverage was not supposed to be part of the medical marijuana law.

"So I think it’s pretty clear, yes, they want to utilize this is as a medical procedure, but at the same hand, not force any carrier to cover it as a covered service."

Kuhnmuench  says the bill would not prohibit someone from buying additional coverage that might pay for medical marijuana.

Medical marijuana patients say the law should not specifically ban one treatment for people facing chronic pain from an injury.

Read more
Politics
3:48 pm
Tue September 27, 2011

Bill would require residency for medical marijuana

USFWS

LANSING, Mich. (AP) - Two Republican state senators say they're planning legislation that would require people to live in Michigan for one year before getting state permission to use marijuana for
medical purposes.

Sen. Tonya Schuitmaker and Sen. Rick Jones say Tuesday it's an effort to stop out-of-state marijuana growers from setting up shop in homes rented in Michigan. The proposal would join at least a dozen other bills aimed at changing the state's medical marijuana law approved by voters in 2008.

Michigan State Police say they have had instances where out-of-state residents rent homes in Michigan, then get a driver's license and a state-issued medical marijuana card.

The out-of-state residents grow pot in the rental homes and return occasionally to check on the crop, selling the drug in their home states.

Politics
5:17 pm
Wed September 21, 2011

Richardville talks about fall agenda in Michigan Senate

Lester Graham Michigan Radio

State Senate Republicans say they want to focus on proposals this fall that will help businesses create jobs.

Senate Majority Leader Randy Richardville says eliminating the Michigan Business Tax on small businesses was a good start. He says now it’s time to get rid of the Personal Property Tax that businesses pay.

“The government itself does not create jobs, all we can do is better the environment. And that’s what we’re attempting to do with the legislation we’ve put on the table so far, and what we’ll continue this fall.”

Richardville says the Senate will also take up measures this fall to reform education and regulate the medical marijuana law.

The law was approved by a wide margin of voters in 2008.

Senate Majority Leader Randy Richardville says the law is too vague.

“I have a real concern about those that would abuse this law and that somehow more would illegal marijuana would end up on the street, and eventually find its way into our school yards. That’s my big concern here.”

Senate Republicans also plans to take up legislation to eliminate the tax on businesses and factory equipment. Education reforms, and a ban on a controversial abortion procedure are also at the top of the party’s fall agenda.

Politics
8:47 pm
Mon September 12, 2011

Medical marijuana clinic owner charged with election tampering

The owner of a Lansing medical marijuana clinic faces 90 days in jail or a 500 dollar fine for an alleged attempt to trade pot for votes in city council elections.

Shekina Pena’s clinic offered a small amount of pot or a marijuana-laced treat to medical marijuana card holders as part of a voter registration drive. At the same time, the clinic advocated for city council candidates who opposed a restrictive local medical marijuana ordinance.

John Sellek is the spokesman for state Attorney General Bill Schuette. He says the law does not allow anything of value to be offered in an effort to influence a vote.

"The voters of Michigan when they enacted the Michigan medical marijuana law, they intended that marijuana to be used for a narrow group of people who are seriously ill," said Sellek. "They did not intend for it to be used basically as a door prize to encourage somebody to do something, and that’s what they were doing in this instance."

Pena did not respond to a phone message left at her clinic. Schuette led the campaign against the 2008 statewide medical marijuana ballot question, and supports efforts to add restrictions to the voter-approved law.

Politics
2:06 pm
Wed September 7, 2011

Medical marijuana supporters rally in Lansing

Medical marijuana supporters rally in Lansing this afternoon.
Steve Carmody Michigan Radio

Several thousand medical marijuana patients and their supporters rallied at the state Capitol today. 

The state Court of Appeals recently ruled that medical marijuana dispensaries are illegal under Michigan law.

Patient advocate Joe Cain says the courts and state officials are working to undermine the state constitutional amendment allowing medical marijuana.

"They don't care about you," said Cain. "They don't care or they would have had a plan, because you don’t take sick people’s medicine away."

Cain says the state Court of Appeals decision was politically motivated.

"The objective was to deny people safe access to their medicine. This was not a judicial decision. This was a political decision," said Cain.

The Michigan Supreme Court will soon consider several medical marijuana cases. The court's decision in those cases is expected to go a long way to determining the scope of Michigan's medical marijuana law.

Politics
2:48 pm
Tue September 6, 2011

Medical marijuana advocates to hold Lansing rally

LANSING, Mich. (AP) - A rally is scheduled Wednesday on the steps of the state Capitol protesting proposed changes to the state's medical marijuana law.

The Michigan Medical Marijuana Association president and other speakers during the rally in Lansing are expected to discuss the law and treatment patients and caregivers have received from law enforcement. The event starts at noon.

Michigan voters in 2008 approved use of marijuana to relieve pain and other chronic ailments. About 100,000 people have state-issued cards letting them have 2.5 ounces of "usable" pot and up to 12 plants. Registered caregivers also can grow marijuana for five people.

Michigan's Appeals Court has ruled some sales at dispensaries illegal.

Changes proposed by some Michigan legislators requiring stricter doctor-patient relationships before a patient could get authorization to use the drug.

Politics
5:28 pm
Wed August 31, 2011

Michigan court strikes down medical marijuana legal defense

The Michigan Court of Appeals struck down Brian Reed's medical marijuana legal defense today.
Garretttaggs55 wikipedia commons

The Michigan Court of Appeals has rejected the legal defense of a man who got a medical marijuana card after he was busted for possession.

This the second time in two weeks the appeals court has narrowed the scope of the state’s medical marijuana law.

Last week, the appeals court ruled shops where money is exchanged for medical marijuana are illegal.

Now the court has ruled people who grow marijuana better have their state-issued medical marijuana cards in hand – getting one after a police raid is no defense against prosecution.

The court struck down the defense against marijuana charges that has been tried in several Michigan counties.

Brian Reed’s home was raided after a police drug team spotted six marijuana plants growing in his backyard.

Reed says he never got a medical marijuana card because his regular doctors work for a clinic that would lose its federal funding if they prescribed marijuana to patients.

Between the raid and when he was formally arrested and charged, Reed got a different doctor’s approval and a state-issued medical marijuana card as a treatment for chronic back pain.

Reed said that should be enough to protect from prosecution under Michigan’s medical marijuana law, which was approved by voters in 2008.

The appeals court upheld a lower court ruling and agreed a person busted for marijuana possession cannot use getting a doctor’s permission after the fact as a legal defense.

The ruling could be appealed to the state Supreme Court, which already has two other medical marijuana cases on its docket.

Science/Medicine
9:37 pm
Wed August 24, 2011

Attorney General will push to shutdown Michigan's medical marijuana dispensaries

Michigan Attorney General Bill Schuette
(Courtesy of the Michigan Attorney General's office)

Michigan Attorney General Bill Schuette says he'll inform the state's 83 county prosecutors about a court decision that bans the commercial sale of medical marijuana.  Schuette says the appeals court ruling empowers local authorities to shut down marijuana dispensaries.

The businesses typically allow people with medical marijuana cards to sell pot to others who also have cards.  The appeals court said Wednesday that such shops are illegal. 

Read more
Medicine
2:37 pm
Wed August 24, 2011

Court says "no" to medical marijuana dispensaries

The Michigan Court of Appeals ruled on a medical marijuana case today.
user elioja Flickr

Updated at 9:57 p.m.

We have this update from Rick Pluta -

The decision leaves the discretion to close a dispensary with local prosecutors.

Isabella County Prosecutor Larry Burdick, who brought the case to the Court of Appeals, says local police in his bailiwick will start tonight delivering copies of the decision and warning letters to the "four or five  dispensaries in his bailiwick."

He says the letters warn the dispensaries they are out of compliance with the law if they accept payments for medical marijuana and, if so, they need to change their operations or shut down.

Ingham County Prosecutor Stuart Dunnings III says he's facing a more complicated situation. The city of Lansing has become a center for dispensaries. It has upwards of 40 -- some of them operate 24/7.

Dunnings says he warned city officials the dispensaries are illegal, but the city passed an ordinance allowing them. Dunnings says he intends to step carefully since the dispensary operators thought they were playing by the rules. Nevertheless, The Lansing City Pulse reports most of the  11 dispensaries on the Michigan Avenue strip directly east of the state Capitol responded to the ruling by closing their doors.   

 

Update 2:37 p.m.

Here's a video of the oral arguments made in front of the Michigan Court of Appeals on June 7, 2011.

The Court of Appeals ruled today that the marijuana dispensary in question operated in violation of the law.

People v Compassionate Apothecary from Eric L. VanDussen on Vimeo.

And here is Steve Carmody's raw interview with Michael Komorn, the president of the Michigan Medical Marihuana Association.

Komoron told Carmody that despite the ruling, dispensaries around the state will continue to operate under local implementation and interpretation of the Michigan Medical Marihuana Act - at least until the Michigan Supreme Court rules on the case.

Update 12:48 p.m.

Sarah Alvarez, Changing Gears Public Insight Analyst and lawyer, read the ruling that was released by the Michigan Court of Appeals this morning. A three-judge panel wrote the opinion (Joel Hoekstra, Christopher Murray, and Cynthia Stephens).

The case involves Isabella County prosecutors office and the two owners of the Compassionate Apothocary, a dispensary in Isabella County operating  with 345 members. Alvarez says the appeals court finds that no provision of the Michigan Medical Marihuana Act would permit for patient to patient sale of marijuana.

The dispensary is therefore found to be a public nuisance and must cease operations. (important to note this is not a criminal prosecution).

Read more
Offbeat
7:55 am
Fri August 19, 2011

Proposal to make marijuana possession law enforcement’s “lowest priority”

user Laughing Squid Creative Commons

This fall voters in Kalamazoo could make going after marijuana users the "lowest priority" for law enforcement officials. The question will likely appear on the ballot this November.

If the proposed amendment to Kalamazoo’s city charter passes, public safety officials would treat people with an ounce of marijuana or less as their “lowest priority.” The change would only affect those 21 and older. It would still be illegal to drive under the influence or use marijuana in a public place.

Read more
Politics
1:17 pm
Mon July 11, 2011

Marijuana stays on DEA's list of "really bad" drugs

The DEA announced that marijuana will continue to classified as a Class I drug stating the drug has "has no accepted medical use in the United States."
user eljoja Flickr

Last Friday, the Drug Enforcement Administration rejected a petition that sought to reclassify marijuana. The petition came from the Coalition for Rescheduling Cannabis and had been in front of the DEA for nine years.

From Occupational Health and Safety Magazine:

The Drug Enforcement Administration has rejected a nine-year-old petition seeking to reclassify marijuana from Schedule I of the Controlled Substances Act, holding that it meets the three criteria for placing a substance in Schedule I under 21 U.S.C. 812(b)(1):

  • Marijuana has a high potential for abuse,
  • Marijuana has no currently accepted medical use in treatment in the United States, and
  • There is a lack of accepted safety for use of marijuana under medical supervision.There are five categories for drugs under the Controlled Substances Act.
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Medical Marijuana
10:31 am
Thu June 23, 2011

State Supreme Court to hear medical marijuana cases

The state Supreme Court has agreed to hear several cases that could clarify the rules surrounding Michigan’s voter-approved medical marijuana law.

A man with a medical cannabis card who grew marijuana in a backyard structure wants a court ruling that says he was within his legal rights. He was cited by police for not having the grow-area properly locked and enclosed. In another case, a man claims he was improperly charged with possession because he is a medical marijuana user – even though at the time of his arrest he had not yet obtained a medical marijuana card.

The court cases are working their way through the legal system as communities are drafting and re-drafting ordinances on the operation of medical marijuana clinics, and the Legislature is debating additional laws to stake out the rules for medical marijuana.

Crime
5:51 pm
Mon June 13, 2011

Feds take drug case week after big bust in Lenawee

The marijuana plants were grown in Lenawee County.
USFWS

ROME TOWNSHIP, Mich. (AP) - Federal authorities have filed charges and taken over the case of thousands of marijuana plants discovered in Lenawee County.

The government says more than 8,000 plants worth millions were found last week in Rome Township, 65 miles southwest of Detroit. Edwin and Linda Schmieding were charged in federal court Monday with conspiracy and growing more than 1,000 marijuana plants.

Agent Lloyd Hopkins says Linda Schmieding told police they were paid $500 a week for marijuana, and some pot was sold as medical marijuana.

The Schmiedings likely will appear this week in federal court in Detroit. They've been in the Lenawee County jail since June 6.

Politics
4:57 pm
Mon April 11, 2011

Can the state tax medical marijuana?

(photo by Steve Carmody/Michigan Radio)

The state Treasury Department says medical marijuana cannot be taxed in Michigan without a change in the law. The medical marijuana law was enacted by voters in 2008. But the law is silent on the question of taxing medical marijuana dispensed by licensed clinics and caregivers.  

James Campbell is an accountant who asked for the opinion. He says the state has not been taxing dispensaries and caregivers. But Campbell says he could not be sure that wouldn’t change.

Read more
Commentary
10:02 am
Mon April 4, 2011

Confusion Over Medical Marijuana

Two years ago, Michigan voters overwhelmingly approved a state constitutional amendment allowing the use of marijuana for medical purposes.

Voters from liberal Ann Arbor to staunchly conservative Ottawa County supported this change.

Some, to be sure, saw this as opening the door to a complete legalization of marijuana. However, they appear to have been a minority. Most people seem to have felt that those who are legitimately suffering from disease such as glaucoma ought to be able to use the drug in cases where it could ease their pain.

But the devil is always in the details, and we probably should have foreseen that administering this law was going to be an unholy mess. Yesterday, the Detroit Free Press took a comprehensive look at how the medical marijuana law has been working.

To nobody’s surprise, their answer was: Not very well. The state is struggling with a huge backlog of applications to grow the stuff.

Prosecutors, meanwhile, have been going after people who may be falsely claiming to be growing and selling pot for medical use, and there are also rumors that certain physicians are happy to certify that most anybody qualifies to use marijuana for “medical” purposes.

On top of that, neither the constitutional amendment - or any other law - has made it clear where medical marijuana is supposed to come from. Part of the problem is that marijuana is a controlled substance whose use is illegal under federal law.

So, basically, the original source of any pot supply has got to be illegal, even if the state of Michigan approves someone to grow marijuana for medical reasons. There is also, so far as I can tell, absolutely nothing to ensure purity or quality control of the supply.

Basically, then, we’ve got a system of something approaching anarchy when it comes to medical marijuana.

So, what do we do about it?

Read more
State Legislature
6:41 am
Fri March 4, 2011

Marijuana Clubs come under fire in state Senate

Medical Marijuana
Troy Holden Flickr

People with medical marijuana cards may soon be unable to smoke together in their support groups. A bill approved by a state Senate committee would prohibit so-called “marijuana clubs” or bars.

Republican state Senator Rick Jones says people who gather to smoke marijuana away from their homes could easily become a danger on the roads to other drivers.

 “There’s really no good reason for people to gather and consume marijuana. If somebody really needs to know how to use it, their care provider can go to their home and teach them. They don’t need to gather in a bar-like atmosphere.”

Medical marijuana supporters say the bill is a continued attempt by lawmakers to add rules to the constitutional amendment approved by voters. The Michigan Medical Marijuana Act was approved by voters by a wide margin in 2008.

Greg Pawlowski is a representative of medical marijuana support groups. He told lawmakers that regulation of the Michigan Medical Marijuana Act is an attempt to stifle the voices of patients. 

 “I applaud you so much for taking the time to talk to us, but now you need to hear what we have to say, and not talk amongst each other that we’re wrong. Because this is not an issue of being right or wrong, this is a human issue. I should not have to be a second-class citizen and have to have a patient card.”

medical marijuana
4:38 pm
Tue February 1, 2011

Decision to release medical marijuana records now in hands of judge

(photo by Steve Carmody/Michigan Radio)

A federal judge in Grand Rapids heard arguments Tuesday in a case involving who has access to patient information under Michigan’s Medical Marijuana Act.

Read more
Legal
12:38 pm
Thu January 20, 2011

Is a firefighter's discovery of pot plants an illegal search?

The defendant was charged with possessing marijuana plants after a firefighter discovered them.
USFWS

The Supreme Court will hear arguments in a case regarding a possible illegal search today.

In the case "The People of the State of Michigan vs. Mark Slaughter" - the defendant, Mark Slaughter, was charged with possessing marijuana plants in his basement after a firefighter found the plants during an emergency call. From the court filing:

On May 6, 2007, firefighters were called to the residence of Kathleen Tunner at 3206 Coolidge, Royal Oak, Michigan. Ms. Tunner testified that she suspected that water was running down the wall of her basement in her unit over her electrical box. Ms. Tunner contacted 911 and the fire department arrived...even though the unit in which called for assistance was Ms. Tunner's unit, Lieutenant Schunck never entered or inspected Ms. Tunner's unit...[Schunck] testified that they entered Defendant's unit, absent any signs of leaking water or hearing water running from outside Defendant's unit...Upon entering Defendants unit, the firefighters observed suspected marijuana plants...and subsequently contacted the police."

The Associated Press reports that lower courts have ruled in Slaughter's favor:

Slaughter's defense lawyer successfully argued that it was an illegal search. Prosecutors say there's an exception when authorities find evidence of a crime during an emergency.

So let's play armchair Supreme Court justice. Do you think this amounted to an illegal search? You can read the complaint to gather more information before you issue your ruling.

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