Vote YES on Marijuana Nov 7th, 2017 Why the Detroit Free Press Got It Wrong

By Richard C. Clement - Marijuana Policy Analyst

   The following language is Public Act 281 a new State Law regulating the Marijuana Industry in the State.  After reading the language, Council President Pro-Tem George Cushingberry Jr. is recommending a YES vote on both proposals. The Marijuana excize fund will be maintained by the Department of Treasury. The main beneficiaries are the County Executives, County Sheriffs, and Michigan Firefighter professionals. County Executive Warren Evans will get 30% of all revenue from sales. Another 30% goes to the first responder presumptive coverage fund and, is exclusively for firefighters with 5 years of service to address cancer concerns. In Wayne County, it will be Bucks for Bennie as the Wayne County Sheriffs Office will prosper from 5% of all sales and, the county will be in better shape financially.

Free The Weed for the Money I Need - Sheriff Benny Napolean  -lol

With Roy McCalister and Virgil Smith, you will get two NO votes, allowing the practice of Green on Green crime to continue between potential Marijuana business owners. A businessperson opening up a Church to prevent the opening of another facility is un-godly and insults the real meaning of religion. In the current ordinance, there is no provision for religions like Rastafarians and that has to change also. Finally there are outside interests who want a NO vote so that Detroiter's have to drive to Macomb County for their medicine.

However, there are many pastors in Detroit that support the YES vote but feel intimidated by others even though it is discussed in Genesis 1:19..

Read the language for yourself, Vote YES twice and, Write In George Cushingberry Jr. the man for you in District 2.  (State and City)

Website: Full Language of Public Act 281 (PDF)

Webiste: State Of Michigan Dept of LARA First Resp. Presumptive Coverage Fund 

PUBLIC ACT 281 -  EFFECTIVE SEPTEMBER 21, 2016

PART 6. TAXES AND FEES

Sec. 601. (1) A tax is imposed on each provisioning center at the rate of 3% of the provisioning center’s gross retail receipts. By 30 days after the end of the calendar quarter, a provisioning center shall remit the tax for the preceding calendar quarter to the department of treasury accompanied by a form prescribed by the department of treasury that shows the gross quarterly retail income of the provisioning center and the amount of tax due, and shall submit a copy of the form to the department. If a law authorizing the recreational or nonmedical use of marihuana in this state is enacted, this section does not apply beginning 90 days after the effective date of that law.

(2) The taxes imposed under this section shall be administered by the department of treasury in accordance with 1941 PA 122, MCL 205.1 to 205.31, and this act. In case of conflict between the provisions of 1941 PA 122, MCL 205.1 to 205.31, and this act, the provisions of this act prevail.

Sec. 602. (1) The medical marihuana excise fund is created in the state treasury.

(2) Except for the application fee under section 401, the regulatory assessment under section 603, and any local licensing fees, all money collected under section 601 and all other fees, fines, and charges, imposed under this act shall be deposited in the medical marihuana excise fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the medical marihuana excise fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The state treasurer shall be the administrator of the medical marihuana excise fund for auditing purposes.

(5) The money in the medical marihuana excise fund shall be allocated, upon appropriation, as follows:

(a) 25% to municipalities in which a marihuana facility is located, allocated in proportion to the number of marihuana facilities within the municipality.

(b) 30% to counties in which a marihuana facility is located, allocated in proportion to the number of marihuana facilities within the county.

(c) 5% to counties in which a marihuana facility is located, allocated in proportion to the number of marihuana facilities within the county. Money allocated under this subdivision shall be used exclusively to support the county sheriffs and shall be in addition to and not in replacement of any other funding received by the county sheriffs.

(d) 30% to this state for the following:

(i) Until September 30, 2017, for deposit in the general fund of the state treasury.

(ii) Beginning October 1, 2017, for deposit in the first responder presumed coverage fund created in section 405 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.405.

(e) 5% to the Michigan commission on law enforcement standards for training local law enforcement officers.

(f) 5% to the department of state police.

Sec. 603. (1) A regulatory assessment is imposed on certain licensees as provided in this section. All of the following shall be included in establishing the total amount of the regulatory assessment established under this section:

(a) The department’s costs to implement, administer, and enforce this act, except for the costs to process and investigate applications for licenses supported with the application fee described in section 401.

(b) Expenses of medical-marihuana-related legal services provided to the department by the department of attorney general.

(c) Expenses of medical-marihuana-related services provided to the department by the department of state police.

(d) Expenses of medical-marihuana-related services provided by the department of treasury.

(e) $500,000.00 to be allocated to the department for expenditures of the department for licensing substance use disorder programs.

(f) An amount equal to 5% of the sum of the amounts provided for under subdivisions (a) to (d) to be allocated to the department of health and human services for substance-abuse-related expenditures including, but not limited to, substance use disorder prevention, education, and treatment programs.

(g) Expenses related to the standardized field sobriety tests administered in enforcing the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(h) An amount sufficient to provide for the administrative costs of the Michigan commission on law enforcement standards.

(2) The regulatory assessment is in addition to the application fee described in section 401, the tax described in section 601, and any local licensing fees.

(3) The regulatory assessment shall be collected annually from licensed growers, processors, provisioning centers, and secure transporters. The regulatory assessment for a class A grower license shall not exceed $10,000.00.

(4) Beginning in the first year marihuana facilities are authorized to operate in this state, and annually thereafter, the department, in consultation with the board, shall establish the total regulatory assessment at an amount that is estimated to be sufficient to cover the actual costs and support the expenditures listed in subsection (1).

(5) On or before the date the licensee begins operating and annually thereafter, each grower, processor, provisioning center, and secure transporter shall pay to the state treasurer an amount determined by the department to reasonably reflect the licensee’s share of the total regulatory assessment established under subsection (4).

Sec. 604. (1) The marihuana regulatory fund is created in the state treasury.

(2) The application fee collected under section 401 and the regulatory assessment collected under section 603 shall be deposited in the marihuana regulatory fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the marihuana regulatory fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the marihuana regulatory fund for auditing purposes.

(5) Except as provided in section 603(1)(d) and (e), the department shall expend money from the marihuana regulatory fund, upon appropriation, only for implementing, administering, and enforcing this act.

Sec. 605. The department may use any money appropriated to it from the marihuana registry fund created in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426, for the purpose of funding the operations of the department and the board in the initial implementation and subsequent administration and enforcement of this act.

Vote YES twice on November 7th 2017 for Sensible Marijuana Laws in the City of Detroit

By Richard C. Clement - Marijuana Policy Analyst

On Nov 7^th, two proposals Chapters 24 and 61 are on the City of Detroit Ballot to allow the citizens of Detroit to decide to Opt-Into the State of Michigan Medical Marijuana Caregivers Act with their vote.  The highlights of the proposals are as follows:

• Opts the City of Detroit ordinance into the State of Michigan Medical Marijuana Facilities and Licensing Act
• Allows for new revenue to be reinvested into parks, recreation centers, retiree pensions, and fighting the war on poverty
• Establishes standards to regulate caregiver centers through the city's Building, Safety Engineering and Environmental Department regarding issuance, renewal and revocation.
• Amends the definition of a Drug-Free School Zone to correspond to federal and state law that requires dispensaries to be at least 1,000 feet from schools, colleges and public libraries
• Dispensaries will be allowed to open within 500 feet of another dispensaries, 500 feet of exempt religious institutions where religious services are regularly conducted. 
• Removes restrictions on liquor, beer/wine stores, child-care centers, arcades and parks.
• Dispensaries would be allowed to stay open until 9 p.m.
• The new ordinance will aid in preventing unscrupulous business owners from opening a Church, or Day Care Center for the sole purpose of preventing the opening of a MMCC business.
• Adoption of this ordinance by the electorate will effectively stop Winfred Blackmon, Hazel Fludd, and their clown car full of neighborhood groups who come to EVERY Board of Zoning Hearing with frivolous claims, twisted reasoning, and false allegations. In some cases the opposition lives up to 9 miles away from a MMCC facility and talk about the places like they live next door to them.

The current City of Detroit Medical Marijuana ordinance violates tenants of the Federal Religious Use and Institutionalized Persons Act and, the US Constitution 1^st Amendment on separation of church and state. Additionally crime data from the Detroit Police Department shows that crime has actually DECREASED around the addresses of the businesses and, that they are viable tax paying entities and, that the neighborhood groups are lying to a government entity for personal gain.

Richard C. Clement with the owners of the House of Zen 14501 Mack Ave, Detroit, MI 48215

Whereas current District 2 City Council Candidate Roy McAlister is a solid NO vote on both measures, Council President Pro Tempore George Cushingberry recommends a YES vote on amending Chapters 24 and 61. If elected to City Council, Roy McAlister wants to limit and continue the shutdown of MMCC facilities by retaining the current ordinance. George Cushingberry wants to bring Detroit into the 21^st century from 80 years of prohibition policy based on racist thoughts and ideas from the 1930’s.

Website:  House Of Zen / Weedmaps.com

Adopting both measures will bring needed revenue to the city, create jobs, and revitalize some of the empty building in the neighborhoods. Another good thing is that it increases opportunities for Minority and Women owned businesses like the House of Zen on Mack Avenue who can employ people from the neighborhood, draw new business to the neighborhood and add to the quality of life. 

Vote YES on 24, Vote YES on 61, now is the time to get the job done.

Cannabis Conference Highlights Re-Investment Opportunities Into Local Units Governments

By Richard C. Clement - Marijuana Policy Analyst

On Sunday July 9^th, 2017 a captive audience at the Southeast Michigan Cannabis Business Development Conference listened to guest speakers with Council President Pro Tempore George Cushingberry Jr. giving the keynote address to attendees at the Atheneum Hotel in Detroit Michigan.  The staff at the hotel provided stellar service to guests and are to be totally commended for their professionalism.

Attendees listened to experts in Finance, Legal, Agriculture, and Government affairs.  Former Fox TV anchor Aqunette Jaimison , State of Michigan LARA Director Shelly Edgerton, Women Grow also provided insight from a different perspective. The conference finished up with a minority inclusion panel that highlighted the opportunity and the barriers encountered within the industry.

Anquinette Jamison

On November 7^th, 2017 there will be two proposals on the ballot to allow the City of Detroit to opt into the new State Of Michigan regulations for the Marijuana Industry by ballot initiative. The proposals will address the zoning and licensing rules business who want to locate in Detroit. 

The new ordinance will remove liquor stores, and reduces distances from a valid church to 500 ft unless you get a waiver from the pastor. There are some denominations such as the Rastafarians that may qualify for a waiver because Cannabis is a documented sacred plant in their religious practice. There are other pastors who are tolerant and want you to help in the community in some way. 

A valid church is defined as an entity that filed proper paperwork with the City and County officials. Drug Free Zone enforcement will only apply to educational institutions. 

The enforcement of the current Marijuana Ordinance has cost the City Of Detroit $1 million dollars in revenue and, the change can’t come soon enough.  When the ordinance gets passed, city residents will have a voice in the reinvestment of revenue from the Marijuana industry.  Recreation Centers can be rebuilt and redesigned for neighborhood use by children and senior citizens alike.The new ordinance will generate at least $2 million dollars a year in revenue from job growth in green industries.

On the State Level, LARA Director Edgerton explained to conference attendees that a system will be up and running to issue licenses by December 15^th, 2017.  This will include placing the picture from your Driver’s license or Personal ID in the space provided on the current Michigan Medical Marijuana Card. To make this happen, Michigan Secretary of State Ruth Johnson must work with Information Technology professionals instead of the Attorneys in the Attorney General's office. This change has been long overdue and another example of the wall being torn down between State Departments and technology.

In November of 2018 the Coalition To Regulate Marijuana Like Alcohol www.regulatemi.org  will have on the ballot a voter initiative to regulate and tax retail sales of Cannabis. With a massive overhaul of the Liquor Commission and a new Governor,  you will be able partake in areas such as bars, restaurants, and smoking areas in sports stadiums with the owners permission.  One of the hidden benefits of the law for restaurant owners is that food sales will increase by at least 10% to 15%.

Make sure you go to the Polls in August and November and Vote 

Native Detroit Marijuana Business Owners File Federal Lawsuit For Inclusion

By Richard C. Clement - Marijuana Policy Analyst

The Sons of Hemp, an African American group of Marijuana Business Owners has re-filed a Federal three count lawsuit against the City of Detroit regarding the uneven enforcement of the Detroit Marijuana Zoning Ordinance and the impact upon native Detroiters owning businesses.  

The 3 counts are as follows:  

Count 1 – Racketeering under existing RICO laws

Count 2 – Selective Enforcement with Bias based on Race

Count 3 – Due process 

The larger picture is the structure of the ordinance as written. Bizarre interpretations of rules based on religion for example, are in conflict with the 1st Amendment and given too much leeway in decision making by the Board of Zoning Appeals. There are some religious institutions owned by the Detroit Land Bank that are given preference over Marijuana Care centers even though the church itself has done absolutely nothing for the community.

 

Detroit at Night

For any other business in Detroit, people who live within 300ft of a proposed property have the legal right to file a letter of objection or support. For marijuana businesses testimony is being taken from people who live as far as 10 miles away from the distance of the facility and, their objections are given favor over people who live within the 300ft distance.

There is also empirical evidence showing that there are outside interests from other states and countries paying off elected officials and neighborhood groups to create an artificial cap on the number of facilities they want to see in the Detroit area. 

Another glaring example of racism in the marijuana industry was the drive through service provided by Natures Choice on Grand River Avenue. They were forced to shut down while, Caucasian owned business in Colorado claim to be the first drive through dispensary in the United States of America as reported by NBC News. With US Attorney General Jeff "KKK" Sessions in charge, the days of shooting people for pot may return soon, just like Tom and Rollie at the Rainbow Farms camp in 2001.  The new face of prohibition wants to return to the good old days of mandatory minimums, and filling the jails with non-violent pot users again. 

Website: Rainbow Farms Memorial - Vandalia MI 

Website: 2012 Detroit Proposal M - Marijuana Decrim  Yes 65%   No 35%

Case Informaition

US District Court Judge Avery Cohen 

United States District Court

Eastern District of Michigan

Case# 2:17-CV-11093

Sons of Hemp v City Of Detroit

Field Report - Sensible Marijuana Policy Practice for Local Units of Government

By Richard Clement - Marijuana Policy Analyst 

At the 46^th Annual Hash Bash in Ann Arbor, industry leaders, students, and politicians met to share the moment and discuss strategies to manage the re-legalization of Marijuana in Michigan.  On December 20^th, 2017 Gov. Snyder signed into law sweeping legislation to allow local units of government to regulate and tax Marijuana businesses in the State.  Under the new law, Cities and Townships can design local ordinances that can limit the number of facilities within their boundaries. County Governments stand to make the most gains with a 35% cut of all revenues going toward their budgets.

Richard "Free The Weed"  Clement
Joe White - MI NORML,
Former St. Rep Jeff Irwin(D) Ann Arbor

As it stands now, the current Marijuana Ordinance in the City of Detroit has been applied in such a manner as to allow unscrupulous activity such as people starting up Day Care Centers to prevent the opening of a facility. Another example in Northwest Detroit is using a mothballed City Parks and Recreation center as a Drug Free Zone instead of a recreation center for seniors and Children to shut down another facility.  The current Detroit Marijuana Ordinance has allowed this type of behavior to flourish. The current City ordinance must be modified by an agreement with all of the people to stop and control this type of conduct.

Yes there needs to be regulation for Marijuana businesses in Cities and Townships.  This August and November, citizens have an opportunity to enact sensible cannabis laws that reflect the will of all of the people by ballot vote.  Petition Initiatives that will have sensible variance requirements that are in line with any other business in a City.  New ordinance language will keep businesses 1000 feet from a school and removes the strict restrictions on Churches.  

Some congregations do not mind having a business next to them and, resent that their place of worship is aiding and abetting unethical behavior between business owners. Customers are upset that certain pastors who are in front of the line wanting to shut down Marijuana businesses, are in front of the line complaining when they are asked by their government to pay for their impervious water bills. Customers are enraged that people who do not live within 300 feet of the business come to Zoning Board Hearings to object to their business location, take precedent over the people who live there by law.

People’s attitudes are changing toward Marijuana because they have finally realized that the War on Drugs is a stupid war based on racism and mis-information. It is getting close to 100 years since Harry Ainslinger and J Edgar Hoover made arresting people of color for Marijuana a ritual of passage.

The time now for the City of Detroit law department to place an immediate moratorium on shutting down businesses in Detroit until, the citizens can vote on an ordinance on licensing and zoning that is acceptable to a majority of the people.  The collection of 5000 signatures for a ballot initiative will signal to the City Law Departments to cease the closure of these businesses until the people decide the issue with their vote. 

Repealing and Replacing the Detroit Marijuana Zoning Ordinance in 2017

Richard C. Clement – Marijuana Policy Analyst
ClementR@detroitmi.gov

Winfred Blackmon  MCDA
Weed Jihadist

After further review of public hearings at Board of Zoning Appeals the Detroit Marijuana Zoning ordinance needs to be drastically overhauled. All during the process of drafting the ordinance, public input was ignored. The Board of Zoning Appeals members have no flexibility to grant waivers based on common sense situations.  In some cases denials have been granted even though the religious institution does not exist or, an old liquor license has not been used in years.  For instance on 8 mile Road, the mothballed Johnson Recreation Center was used to shut down a compassion center because it was “too close to a drug free zone”. The back story is that the city is putting the property up for sale even though the neighborhood has been demanding that the center be reopened or reconstructed.

Other examples are some owners purchasing property close enough to a proposed facility so that it does not open.  The opposition from the community groups are sponsored by some marijuana business owners who are using the evangelical community to promote fake outrage even though their numbers are small.  Some of the people who attend the churches are customers of the compassion centers and, if a pastor can sell water at $5.00 a bottle, then Marijuana at $10.00 a gram is good too. After all the Water and Weed come from the same manufacturer. 

A new ordinance drafted and voted on by the people would address working hours and, other issues like drive through service. Another option is that City Attorney Butch Hollowell would choose to opt into the State Law and save the taxpayers major money in legal fees.  Either way, the people have the final say with their vote and that is the way it should go.  The proposed language below would go into effect when a referendum petition is signed by the electors who are registered voters in the City of Detroit.

Example Repeal Ordinance Language:

Initiative to Repeal Detroit Zoning Ordinance Section(s) 24-13-1 through 24-13-30, 61, Articles XIII, 61-3-353 and 61-3-354 Definitions; Licensing, Conditional Uses; Procedures; Waivers and Public Nuisance. We the undersigned electors want these sections of the Detroit Marijuana Zoning Ordinance repealed and redesigned in the Detroit City Charter.  This ordinance gives too much weight to empty churches, non-existent liquor stores and, discriminates on the basis of religion by violating the 1^st Amendment rights regarding the freedom to worship or not to worship. This ordinance encourages shady business practices by competitors to purchase and squat on property for the purpose of preventing a business from opening.  The undersigned electors demand the immediate suspension of this ordinance and, the right to vote YES or NO in the next general election on August 8^th, 2017.

Area 51 - Compassion Center

5000 valid voter signatures are needed by March 21^st, 2017 to place this issue on the ballot. Therefore if you are legal professional interested in pursuing this option, please contact me at the office with a valid petition.  Then ask your elected officials to allow you to vote on a new ordinance that will be reflective of the will of the people, instead of the wishes of a few.

State of the Bud Report – Detroit Medical Marijuana Status Scoreboard

By Richard C. Clement - Marijuana Policy Analyst

and Legislative Aide to Councilmember Pro-Tem George Cushingberry Jr.

We want to thank the City of Detroit Corporation Council, Legislative Service Bureau, and the staff of Building Safety Environmental Engineering for the detailed summary report of the status of Medical Marijuana businesses in the City of Detroit. As of October 25, 2016 there was a reported 279 alleged locations in the City with 150 places remaining open and 133 that what went out of business.  There were 117 closure notices sent with 55 being shut down by BSEED. Currently, there are 263 active applications for a Conditional Use Permit from the City of Detroit. Only one application was approved for a permit to apply for a license to do business. The remaining businesses are in various stages of the process from Drug-Free zone exemptions, incomplete site plans, and hearings.

Number of Conditional Use Applications for Medical Marijuana Facilities.

Number of Conditional Use Applications	263
Drug Free Zone Ineligible	109
Drug Free Zone Appeal requests	60
Number of Grants Approved	43
Applications Submitted for a Permit	2
Permits Issued	1
Licenses Applied for and Issued	0

    



 

This anti-weed effort of a few has forced the City and the County to update the database of information on each parcel of land in the City of Detroit. On December 20th, 2016 new laws take effect regarding the manufacture, use, sale, transfer, and distribution of marijuana in the State of Michigan.  On January 20th, we hope that the will of the people be maintained throughout the process with the election of Donald Trump as the 45th President of the United States.  If there was ever a time for the respect of States Rights, the time is now!  Federal, State, and Local elected officials must respect the will of the people of 25 states who said yes to weed. 

City of Detroit Medical Marijuana Link   www.detroitmi.gov/MedicalMarihuana

Judges must advise potential jurors of the right of Jury Nullification because of the changing attitudes toward marijuana as a nation. Anyone selected for a jury can find a defendant not-guilty despite the instructions from a judge. Jury Nullification will communicate the outrage from citizens to prosecutors so that arrests for Marijuana possession will stop being prosecuted because it will be a waste of time and taxpayer money on a war on weed and, for-profit prisons. 

We hope that self-policing in the marijuana industry with industry groups like Michigan Cannabis Development Association, Sons of Hemp, MI Medical Marijuana Association, and other cana-interest groups can keep the business in Michigan scandal free with equal opportunity to make it or fail, and attain capital like a neighborhood rec center, and a be a part of the growing agri-business that can re-invest the dividends back into the community.

Related Interest Groups and Information:

Michigan Medical Marijuana Association (3MA) www.michiganmedicalmarijuana.org 

Michigan Cannabis Development Association www.mcdagroup.com

Michigan NORML www.minorml.org 

Metro Times Article: Sons of Hemp/Healers or Dealers  Author Tom Perkins

State of Michigan Medical Marijuana Laws Implementation Plan 2016

We must improve our weaknesses and shore up our strengths to make Cannabis lose the boogey man status from the racist dogma of the late Harry Anslinger and J. Edgar Hoover. With a top to bottom legislative revamping of the zoning procedures, our city will be getting a new source of revenue along with other municipalities in Michigan. The new state law will allow the City to opt-in to the State Law and allow the citizens to design a new ordinance through the ballot initiative process and a vote of the people.  Then and only then, citizens on both sides of the spectrum can vote for a fair and equitable solution to the Marijuana question for the City of Detroit, Wayne County, and the State of Michigan.

The job growth opportunities in manufacturing, transportation, and agriculture will be endless from the act signed into law. All Firefighters in the State of Michigan will now be able to benefit from the use of marijuana for ailments like PTSD, Cancer, Stress, and other hazards of the job.  30% of proceeds from weed will go to Firefighters, 35% to counties, 25% to Cities and Townships and 10% to the State Police.  This action would dictate that employers public and private quit testing for it in pre-employment and accident investigations. Finally public employees like Firefighters, Police Officers, and Teachers will not lose their job if they get in an accident at work.

Like the entertainment industry, the revenue generated from occupied buildings could do nothing but help the community rebuild Schools and Neighborhood Recreation Centers like Johnson Center in Northwest Detroit.  It may even help church congregations of all denominations in various endeavors like treating heroin addicts by clergy with open minds. Not all clergy members are against Marijuana because there are some pastors who want to have a grow IN THEIR CHURCHES for their congregation to use for things like the building fund and neighborhood outreach.

As of this article writing, the software needed to make the license for an applicant is not operational on a local or State level. It is an abhorrent slap in the face to every Information Technology professional in the world for a government agency that cannot process online applications eight years after running one of the most profitable programs in the State of Michigan.  Whereas The City of Detroit can print information ID Cards for our guest citizens with their picture and information on it and take weed applications online at the same time. 

We are strongly encouraging the State of Michigan to match the work that the professionals in Information Technology at the City of Detroit have demonstrated.  The State of the Bud in Michigan remains strong and optimistic that our elected officials respect the will of the people instead of the thrill of a few in elected positions who want to use a lame duck excuse for their own special interests.