The State of the Bud Marijuana Field Report - November 2016 and Ordinance #61

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:

1. A new Ordinance is presented to City Council to be voted upon by the entire 9 member body or,
2. 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 1^st 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.

Senate Bill #813 - Sponsored by State Senator Coleman Young Jr(D-Detroit)

(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.

PDF Copy of HB 5445

Contact State Rep Leslie Love

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.