Michigan Police Propose Changes To Medical Pot Dispensary Bill, End Of Caregiver Model?

[Budz-4-U]

http://www.mlive.com/lansing-news/index.ssf/2015/11/michigan_cops_seek_changes_to.html#incart_river_mobile_home

 

 

LANSING, MI — Michigan law enforcement officials are not fully backing plans to overhaul the state's medical marijuana system, but unlike last year, they aren't standing in the way of proposed legislation.

"While law enforcement cannot support any legislation that by definition is illegal under federal law due to the classification of marijuana, what we can do is find a position not to oppose having a tough and tight regulatory framework," said Howell Police Chief George Basar, legislative chairman for the Michigan Association of Chiefs of Police.

Basar and other law enforcement officials testified Tuesday before the Senate Judiciary Committee, which is considering House-approved legislation that would allow the state to license and regulate medical marijuana dispensaries, growers and other related businesses.

Michigan's medical marijuana law, approved by voters in 2008, created a system where registered patients and caregivers can grow a limited number of plants, but it did not address storefront dispensaries. The state Supreme Court, in a 2012 ruling, held that dispensaries can be shut down as a public nuisance.

Law enforcement groups successfully blocked medical marijuana dispensary legislation last session, but sponsoring Rep. Mike Callton, R-Nashville, made a concerted effort to bring them to the table this year.

His new medical marijuana bill, which would impose a 3-percent tax on dispensaries' gross retail income, is part of a larger package that would also create a seed-to-sale tracking system for plants and establish rules for edible and other non-smokable forms of the drug.

Senate Judiciary Chairman Rick Jones, a former Eaton County Sheriff, generally supports the move toward a regulated medical marijuana industry but is sympathetic to concerns from the law enforcement community.

"I think we've reached the point of the wild wild west out there right now," said Jones, R-Grand Ledge. "Apparently caregivers are selling their overages to these dispensaries, there's not licensing, people don't know what they get."

Law enforcement groups proposed several changes to the medical marijuana bills on Tuesday. Read about some of their requests below.

GET RID OF CAREGIVERS

If dispensaries are formally allowed, law enforcement groups would like the state to stop registering caregivers, who are allowed to grow up to 12 plants each for five patients in a secure location, including their home. As of last year, there were about 23,000 registered caregivers in Michigan and 96,000 patients.

"Once the system is up and running, there will be no need for caregivers to grow a product since the patient will be able to access marijuana at the dispensaries," said Ingham County Sheriff Gene Wriggelsworth, who testified on behalf of the Michigan Sheriffs' Association.

Sgt. Amy Dehner of the Michigan State Police said the agency remains concerned that extra marijuana grown by caregivers — known as "overage" — will make its way to the black market, and MSP does not support allowing caregivers to sell to dispensaries.

"We don't have an answer for the overage other than to either phase out or completely get rid of the caregiver model," she said.

Doing so would confirm the worst fears of medical marijuana activist, who believe the reform effort is an attempt to undermine the caregiver model.

"This is what patients and caregivers have been worried about since the start of this legislative process back in 2011," said Rick Thompson, a medical marijuana advocate and board member for Michigan NORML.

"We've never seen law enforcement agencies openly speak about destroying a core value of the Michigan Medical Marihauana Act until now, but they spoke about it so casually, it almost made it seem as if the decision has been made."

It would be hard for the Legislature to eliminate the caregiver system — a 3/4 supermajority vote is required to amend a voter-approved law — and Jones made clear that is not the intent of the current legislation.

But Thompson, who was frustrated that there was no public comment period during Tuesday's hearing, said he is concerned that a court ruling or legal interpretation could jeopardize the caregiver model in the future.

OUTLAW 'UBER WEED'

The medical marijuana legislation would create a new state license for "secure transporters" to shuttle marijuana between businesses, but state police suggested adding language to prevent home deliveries and internet sales by dispensaries.

"What we want to avoid is the private delivery services — Uber Weed, insert random name here — people that are delivering as dispensaries to patients or caregivers," Dehner said.

She also suggested the Legislature consider additional regulations for transporters — such as bonding, the use of unmarked trucks or having at least two people in a vehicle at all time — to ensure that marijuana is delivered in a safe and secure fashion.

Dehner acknowledged concerns that tight marijuana transportation regulations could create a monopoly-like system for companies that already ship tobacco and alcohol, but she said a secure system is a top public safety priority for state police.

"In our mind, the transportation part of this is just as important as licensing the other tiers within this structure," she said.

ADD LOCAL INSPECTIONS, LOCAL FUNDING

The current legislation would allow state police to inspect medical marijuana facilities, but local police and county sheriff's should also have that authority, according to Wriggelsworth.

"Inspection by local police is a valuable tool for making sure that licensees are in compliance with the law and to enforce the act," he said.

Wriggelsworth also suggested that registered caregivers should be subject to similar licensing and inspection rules, a proposal that did not sit well with activists.

"It's scary," said Thompson. "Allowing police to enter your home anytime they want just to inspect your grow is constitutionally troubling and violates what the Founding Father's intended."

If local police are to enforce the law, they should also get a cut of the dispensary tax revenue, according to Wriggelsworth. The law, as currently written, provides funding to sheriff's but not municipal police departments.

Basar, with the Michigan Association of Chiefs of Police, also suggested law enforcement should have "access to any database of licensees, so we're able to quickly and easily confirm individuals' standing."

STRENGTHEN DRUGGED DRIVING LAWS

Law enforcement officials want legislators to sign off on "enhanced roadside detection" methods for for drugged driving, as Dehner put it.

State police have seen a "spike" in the number of cases where "cannabanoids" were detected in a driver's system since the medical marijuana law took effect, she said, topping out at 91 cases in 2012.

Separate Senate legislation, would allow Michigan State Police to develop a pilot program for roadside marijuana testing, including the use of oral swabs or new breath test technology designed to detect the main psychoactive chemical in the drug.

The edible medical marijuana bill should make direct reference to driving while impaired, according to St. Clair County Prosecuting Attorney Mike Wendling, president of the Prosecuting Attorneys Association of Michigan.

"Just like we are concerned about the use of all substances, whether they be legalized or illegal or prescription or alcohol, these substances need to be considered in the operation of cars."

The Michigan Legislature approved a drugged driving bill last year, but only after removing roadside saliva testing language due to concerns that the science was inexact and could lead to improper arrests of medical marijuana patients.

"THC standards just aren't there," said Thompson, who is opposed to the new roadside testing bill. "They can detect presence but not impairment. It's an incomplete tool, and to try to put that into widespread use, without training or understanding the science, is irresponsible."

WHAT'S NEXT

The recommendations from law enforcement groups are just that, recommendations. The Senate Judiciary is expected to continue testimony on the bills in December before making any changes or holding a vote.

Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Facebook or follow him on Twitter.

[Kingdiamond]

Screw  the police trying to force patients to go to a dispensary instead of signing with caregivers pure utter bullchit.

[Pain]

• Bullchit for sure ! Nazi Police in charge of medicine, just not right. What happened to our privacy for being legal. At least being underground, i did'nt put a target on my back, sigh.

Edited November 12, 2015 by Pain

[+Malamute]

Remember,..

 

Caregivers=Patients=Family/Friends

 

Most caregivers are Sick and or disabled patients. Most caregivers are Family or friends of the patient.

 

The police are saying husbands, wives, mothers, fathers, Sons, daughters, grandparents, best friends, friends, friends of the family are incapable of taking care of their loved ones and friends.

 

 That is a huge statement.

 

The police believe you are incapable and even DANGEROUS to your spouse who needs medical cannabis.  The police believe you should not be allowed to assist your parent who is sick with the medical use of cannabis.

 

It is disgusting and we must destroy the police unions, vote for new sheriffs and get our communities to hire different chiefs of police because they are overstepping their bounds here.

 

I hope people understand this and make sure to speak up about it.

[t-pain]

so thats what happens when you start a bill talking about having caregivers selling overages to dispensaries.

 

that plan backfired a little there didnt it?

[Restorium2]

"I think we've reached the point of the wild wild west out there right now," said Jones, R-Grand Ledge. "Apparently caregivers are selling their overages to these dispensaries, there's not licensing, people don't know what they get."

 

In my opinion, the marijuana market seems tamer now than it has been since I started paying attention to it in 1977. Pretty docile. Less cartel weed. Better quality. Happier people. Better access. The less restriction the calmer the market. Take away all the restrictions and you might be able to ignore the whole deal and mind your own business (you filthy piece of crooked politician Jones). We have it on record that when a Michigan Politician says "I Think" and "Apparently" they are lying. Everything is subject to verification and they don't get to 'speculate' with the terrible record they have. Sit down Jones, you have no clue and just say things to justify your crooked agenda.

[t-pain]

rick jones has a fetish to be the sherrif of the wild wild west i think.

 

but is he talking about the tv show or the will smith movie?

[Restorium2]

This can't be posted enough;

 

 

 

LANSING, MI — Michigan has the worst government transparency and accountability laws and practices in the country, according a new corruptibility report card from the Center for Public Integrity.

Michigan received a failing grade — and the lowest overall score — from CPI, which measured each state on 250 specific "indicators" related to ethics enforcement, lobbying disclosure, political financing, legislative accountability and more.

Michigan has a "lack of effective disclosure rules for officials in nearly all facets of state government," according to a State Integrity Investigation report by veteran newsman Chad Selweski. "Conflicts of interest and potential public corruption remain buried in an honor system with no honor."

No states received an A grade in the investigation. The top three — Alaska, California and Connecticut — received Cs. CPI released a similar report card in 2012, but the grades are not directly comparable due to new metrics.

Michigan was one of 11 states that received an F in the new report, released Monday. It scored particularly poorly on measurements of accountability for the executive, legislative and judicial branches.

In the Legislature, for instance, Michigan does not require lawmakers to file asset disclosure forms, does not require lawmakers to recuse themselves from actions in which they have a conflict of interest and does not have laws specifically prohibiting cronyism or nepotism when hiring legislative staff.

Selweski, in his overview of the Michigan findings, noted a series of incidents that highlight accountability concerns in the state.

In 2013, language to protect anonymous "issue ad" donors was added to an already controversial bill that doubled campaign contribution limits, a policy that Gov. Rick Snyder eventually signed into law.

The amendment was added during the middle of a committee hearing — reportedly after a lobbyist intervened — at almost the exact moment Secretary of State Ruth Johnson was announcing new rules that would have required more disclosure.

More recently, the sex scandal that led to the ouster of former Reps. Todd Courser and Cindy Gamrat served as a reminder that the Legislature long ago exempted itself from the state's Freedom of Information Act.

The House Business Office rejected public records requests from reporters covering the scandal and alleged misuse of taxpayer resources. Instead, a report was released after review by outside attorneys.

Michigan also has weak disclosure rules for lobbyists, who are allowed to report their activities "in such a vague format" that the public is almost helpless to understand the potential influence, according to the analysis.

Lobbyists only have to report wining and dining if they spend more than $59 in a month or $375 in a year on an individual lawmaker, and they do not have to disclose which issues or legislation they were actually discussing.

Michigan did earn a high score for its state budget process, ranking 8th in the country.

That process is conducted in a transparent manner that allows for citizen input, according to CPI. Michigan conducts a public revenue estimating conference, the governor releases a budget proposal before lawmakers act and the state makes budget information online in an easily accessible format.

But on most other measurements, Michigan scored poorly. Check out the Center for Public Integrity website for more information on the Michigan rankings.

[Restorium2]

I have always thought our State Government has been taken over by ex sheriffs and their close supporters. We need a purge. I first noticed when I saw that MDCH was full of ex sheriffs and other ex law enforcement people. Never vote for anyone who has ties to law enforcement. Then we might get a balanced group of government officials some day.

[t-pain]

Never vote for anyone who has ties to law enforcement. Then we might get a balanced group of government officials some day.

not even LEAP guys?

[Willy]

State police have seen a "spike" in the number of cases where "cannabanoids" were detected in a driver's system since the medical marijuana law took effect, she said, topping out at 91 cases in 2012.

 

Now compare that to what really is out there with alcohol driving deaths.. 

 

state 

2011 Drunk Driving Deaths % of Traffic Deaths in 2011 that were Drunk Driving Related 2012 Drunk Driving Deaths % of Traffic Deaths in 2012 that were Drunk Driving Related           Alabama 261 29% 257 30% Alaska 21 29% 15 25% Arizona 212 26% 227 28% Arkansas 154 28% 143 26% California 774 27% 802 28% Colorado 160 36% 133 28% Connecticut 94 43% 85 36% DC 8 30% 4 27% Delaware 41 41% 34 30% Florida 694 29% 697 29% Georgia 271 22% 301 25% Hawaii 45 45% 51 40% Idaho 50 30% 54 29% Illinois 278 30% 321 34% Indiana 207 28% 228 29% Iowa 83 23% 92 25% Kansas 108 28% 98 24% Kentucky 172 24% 168 23% Louisiana 219 32% 241 33% Maine 23 17% 49 30% Maryland 161 33% 160 32% Massachusetts 126 34% 123 35% Michigan 256 29% 259 28% Minnesota 109 30% 114 29% Mississippi 159 25% 179 31% Missouri 258 33% 280 34% Montana 82 39% 89 43% Nebraska 45 25% 74 35% Nevada 70 28% 82 32% New Hampshire 27 30% 32 30% New Jersey 194 31% 164 28% New Mexico 104 30% 97 27% New York 328 28% 344 29% North Carolina 359 29% 402 31% North Dakota 63 43% 72 42% Ohio 310 30% 385 34% Oklahoma 222 32% 205 29% Oregon 96 29% 86 26% Pennsylvania 398 31% 408 31% Puerto Rico 103 29% 104 30% Rhode Island 26 39% 24 38% South Carolina 309 37% 358 41% South Dakota 33 30% 45 34% Tennessee 259 28% 295 29% Texas 1,216 40% 1,296 38% Utah 54 22% 34 16% Vermont 18 33% 23 30% Virginia 228 30% 211 27% Washington 157 35% 145 33% West Virginia 93 28% 95 28% Wisconsin 197 34% 200 33% Wyoming 38 28% 40 33%                     National 9,865 30% 10,322

31%
 

Edited November 12, 2015 by Willy

[beourbud]

I have always thought our State Government has been taken over by ex sheriffs and their close supporters. We need a purge. I first noticed when I saw that MDCH

was full of ex sheriffs and other ex law enforcement people. Never vote for anyone who has ties to law enforcement. Then we might get a balanced group of government officials some day.

No doubt, the war on drugs/cannabis is over. Time to disband and demilitarize the soldiers of the WOD.

 

They have no intention to protect and serve the Will of the People and have no legitimate place at the table. Until they can get that, taser in one hand and shoot him in the back with the other hand mentality addressed, they got no cred.

The finrepublicans use Leo and court (SYSTEM) to run a monopoly NOW. The bad cops deal and the good cops steal. What a Deal!

That's why they resist change or want to monopolize the system thru Legal Lies.

Them greedy bazdids want it all.

 

We the People Voted to Grow Our Own or have someone help us with that.

The republican cartel in Lansing has proven they are All about the money.

The MMMP is All about People.

That is why we have almost 30,000 caregivers alone registered here in Our Great State of Michigan and they only have 3000(1000leocards) registered in the Illinois monopoly and rejected the monopoly altogether 2:1 in Ohio .

If, but I doubt it will, Michigan republicans shoved this crap down our throats there would also be a reduction of registered here as well...prolly 3000(1000leocards)

 

We the People are speaking but the fknrepublican politicians just don't CARE. With them usurping the will of the people and Leo enforcing their cartel why should they.

 

VOTE VOTE VOTE VOTE VOTE VOTE. You choose, democrats you win, republicans you loose.

Edited November 12, 2015 by beourbud

[Wild Bill]

It is absolutely necessary for them to stop all home grows in order for their plans for "taxing and regulating" to come to fruition. The only way the tax and regulate model will work is if all the cannabis flows through the system like alcohol.

[Restorium2]

It is absolutely necessary for them to stop all home grows in order for their plans for "taxing and regulating" to come to fruition. The only way the tax and regulate model will work is if all the cannabis flows through the system like alcohol.

Exactly. They use pot phobes like Snyder, uneducated religious radicals, and fellow greed heads, to further their money making scheme. 

[imiubu]

Sooo, who is still thinking tax and regulate (legalization) is a good idea?

[AmishRnot4ganja]

Republicans: The party for smaller government. Yeah, right. They are all for smaller government until it comes to some of their pet "moral causes". Marijuana and abortion are two of their pet moral causes and they are willing to create whole new anti-freedom bureaucracies in order to push their pet causes. What a bunch of hypocrites.

 

They better establish that marijuana is dangerous before they go all apeshitt over unneeded regulations.

Edited November 12, 2015 by amish4ganja

[GregS]

I think it overdue that we push hard to take drugs out of criminal law policy altogether and put it in under health policy instead. The billions spent to interdict drugs would be better spent on treatment for those who use drugs excessively, to provide science based education, and even to provide them to those whose physiology does not permit them the option to do without. Costs would small doubt be lower, and I'd like to see any cost/benefit analyses that may have been performed. Any help out there? Taking mental health patients out of jail and putting them into treatment facilities or providing outpatient care makes better sense. It would cut the cartels off at the knees and help to minimize violence. Likewise it would do the same with law enforcement, and police would have to find honest jobs, which they are fighting against tooth and claw. Prison costs would drop like a rock. Jobs the police now hold, and that are premised on violence, would give way to more careers in the health care fields where care and compassion would be allowed to play.

Edited November 12, 2015 by GregS

[AmishRnot4ganja]

I think it overdue that we push hard to take drugs out of criminal law policy altogether and put it in under health policy instead. The billions spent to interdict drugs would be better spent on treatment for those who use drugs excessively, to provide science based education, and even to provide them to those whose physiology does not permit them the option to do without. Costs would small doubt be lower, and I'd like to see any cost/benefit analyses that may have been performed. Any help out there? Taking mental health patients out of jail and putting them into treatment facilities or providing outpatient care makes better sense. It would cut the cartels off at the knees and help to minimize violence. Likewise it would do the same with law enforcement, and police would have to find honest jobs, which they are fighting against tooth and claw. Prison costs would drop like a rock. Jobs the police now hold, and that are premised on violence, would give way to more careers in the health care fields where care and compassion would be allowed to play.

My fear with all this "treatment" talk is that instead of arrest and jail for drug charges, violators will be arrested and forced into "treatment" regardless of whether or not drug use is negatively impacting their lives. I can easily see the law enforcement community being all gungho for this option. Christ, they will be sending us to "re-education" camps! Hello Ho Chi Minh!

Edited November 13, 2015 by amish4ganja

[suneday11]

My fear with all this "treatment" talk is that instead of arrest and jail for drug charges, violators will be arrested and forced into "treatment" regardless of whether or not drug use is negatively impacting their lives. I can easily see the law enforcement community being all gungho for this option. Christ, they will be sending us to "re-education" camps! Hello Ho Chi Minh!

That's how it is now. Probation terms are often exactly what you are talking about. The real kicker is that you can go through months or even years of this "treatment" style probation only to have to original jail sentence reinstated when the judge/p.o. decide you did something wrong. Alternatives are already mainstream aspects of our legal system. Sad, scary, and just another cake job for certain private businesses.

[AmishRnot4ganja]

That's how it is now. Probation terms are often exactly what you are talking about. The real kicker is that you can go through months or even years of this "treatment" style probation only to have to original jail sentence reinstated when the judge/p.o. decide you did something wrong. Alternatives are already mainstream aspects of our legal system. Sad, scary, and just another cake job for certain private businesses.

 

It's communism pure and simple mixed with a dose of fascism. Sending "dissidents" away for retraining (or death) was a hallmark of Joseph Stalin, Ho Chi Minh, et.al communist dictators.

 

I'll bet that every single one of the Republican presidential candidates would agree that marijuana users need "treatment".

[Greg Rx]

 

I'll bet that every single one of the Republican presidential candidates would agree that marijuana users need "treatment".

I will take that bet.

[cristinew]

Every one of them wants it  illegal and that means either treatment or jail,  greg   rx  you lost the bet,