By Richard C. Clement - Friends of Cushingberry
"Watch out for a Lame Duck in December" - Friends of the Lame Game
The City of Detroit Detroit Marijuana
Ordinance was ruled unconstitutional by US Eastern District Court Judge Avery Cohen in August 2016. The Plaintiffs Sons of Hemp are a group of Detroit based Marijuana business
owners have successfully forced a re-write of Ordinance #61 regulating
Detroit’s growing Marijuana industry because of the exclusion of Native Detroit African American business owners, violations of the Religious Freedom Restoration Act (RFRA) regarding churches in and, the reckless interpretation of Drug Free Zone laws by the ordinance.
Per order of Judge Cohen the Ordinance is currently suspended by
law, remanded to the Wayne County Circuit Court and, ruled un-enforceable.
The four new public acts
signed into law by Governor Snyder also played a part to nullify the enforcement
of the ordinance until one of the following events happen:
- A new Ordinance is presented to City Council to be voted upon by the entire 9 member body or,
- A citizen initiated petition presented in the form of a ballot initiative signed by 1500 people to place the issue on the ballot of the August 2017 primary election.
Either one of these
methods will insure an ordinance for, by, and of the people will be enacted into
law. This new ordinance is prohibited by Federal Law to include distance restrictions
from a religious places of worship because of 1st Amendment
violations and, the overreach of using Drug Free zones.
Anyone currently
receiving a notice to shut down by the City of Detroit are strongly encouraged
to contest the action by the Board of Zoning Appeals in Circuit Court.
Furthermore, future changes will be made to the BZA membership to compel the
board members to follow the will of the people instead of interjecting personal
and religious bias in violation of Federal Law.
Breakdown of the new Public Acts signed into law by Governor Rick Snyder
Collectively, these
bills create a five-member board appointed by the Governor called the Medical
marijuana Licensing board. It allows the State Police and Attorney General to
perform background checks on board members and licensees with fingerprinting.
The laws create a licensing system for growers, processors, distributors, provisioning
centers and safety compliance facilities. The law requires all marijuana operators to be
free of any misdemeanor or felony for 5 years and, any drug related felony for
10 years.
Local home rule
provisions will allow locals to regulate facilities and secure local approval before
getting licensed by the MM Licensing Board. These laws will help manage the estimated
10,000 new jobs created and a $63.5 million dollar a year industry by taxing
facilities at the rate of %3 that will be distributed in the following manner.
- %30 to Counties (no more Bankrupt Wayne County)
- %30 to the General Fund diverted to the Firefighter Presumption of Cancer and First Responders Presumed Coverage Fund
- %25 to municipalities
- %5 to County Sheriffs
- %5 to MCOLES for training local police officers
- %5 to the Michigan State Police
Public
Act 242 / Senate Bill 207 Roadside
Saliva Testing Starting September
22, This law allows a certified sworn peace officer “drug recognition” expert
to take a saliva sample of person in a vehicle to determine if they have used
Marijuana for the purposes of determining their competence to operate a motor
vehicle. It does not matter if the
vehicle is parked or moving and gives very wide latitude to a drug recognition
expert to arrest and convict a person testing positive for marijuana use. Laws like these are tailor made for current
Law and Order, strict constitutional judges in Michigan’s District, Circuit,
and Supreme Courts, to fill the jails with Marijuana users and fatten County
budgets on the backs of Medical Marijuana users. Despite the overwhelming evidence that
Marijuana affects you much less than alcohol, legislators in Lansing voted to
approve this law lead by ultra conservative Senator Rick Jones (R – Grand Ledge). The only way to
address the flaws in this law is to elect 2 new Supreme Court Judges in November 2016 who
will rule this law unconstitutional or gather 157,827 valid voter signatures on a referendum petition by November 21st, 2016 to force a vote in 2017 (Our
analysis of Public Act 242 – Friends of Cushingberry)
Public Act 281 / House Bill 4209 of
2015 Gives specific definition of the content of medibles
(non-smokeable) Marijuana. Also spells out procedures for violations of the
provisions of the card. Removes all criminal penalties from the books for the
plant. This act allows Marijuana butter, cookies, brownies, teas, etc., and
other bills provide computer services and stiff civil fines for violations. On October 1, 2017, Firefighters and Sheriffs in Michigan will benefit
from Marijuana when 30% of all sale proceeds are earmarked for the
Firefighter Presumption of Cancer and First Responder Presumed Coverage Fund.
Public Act 283 / House Bill 4210 will
regulate the use of Non-Smokeable (Medible) Marijuana and spells out exact amounts of cannabis
products that should be in a drink, brownie, Vaporizing pen, or other
form of the medicine. The list of ingredients are:
- 16 Ounces of Solid Medible Marijuana (brownies, cakes, etc.)
- 7 Grams for using in a vaporizing pen
- 72 Fluid Ounces of liquid.
Public Act 282 / House Bill 4827 will allow
contractors to be eligible for no bid contracts for the software seed to sale
tracking program. This bill will allow a
software company to bid on a Marijuana Tracking System because it defines the
specifications for the developers to use in designing and implementing the statewide
system. This bill will track the sales of marijuana between patients and
the growers who interact with retail sites.
(SB813) The Legalization
of Recreational Marijuana. This bill will facilitate organizations like MI
Legalize (Website www.milegalize.com) to act with a ballot initiative in 2018 to implement the language of this
bill. Call your Senator and let them know you want them to support Senate Bill
813
House Bill #5445 - Sponsored by State Rep Leslie Love (D-Detroit).
(HB5445)
Will change the Michigan Medical Marijuana Law
to prevent citizens groups in Cities and Townships from enacting referendums
and petitions to modify local marijuana ordinances. This bill will be a
prototype for every City and Township in the State of Michigan regardless of
the feelings of the citizens. If this is signed into law, then all Cities and
Townships will have their ordinances null and voided. A citizens rights to
address your government and get redress of your grievances will be eliminated. She
is hoping to fast-track this legislation with the help of Republicans for a
coveted signature from Governor Rick Snyder in the upcoming lame duck session. If
you have any concerns or comments on this bill please contact your State Rep
and ask them NEVER allow this bill out of committee.
Office Address S-689 House Office Building
Mailing Address
P.O. Box 30014
Lansing, MI 48909-7514
Phone: (517) 373-0857
Toll-Free: (855) 568-3010
Email: leslielove@house.mi.gov
Interested parties have until December 19th, 2016 to present referendum petitions with 157,827 valid signatures to the Michigan State Board of Canvassers to force Public Acts, 281, 282, and 283 to a vote in 2017 if you feel that something that is unacceptable. Finally you are strongly
encouraged to vote for candidates in the November 2016 general election for Judges and
legislators who will work FOR their constituents instead of special interests like
for profit prison owners who want to keep their jails full of ‘new clients’
from the urban neighborhoods and farm owners in Michigan.
