Sen. Rick Jones
In Michigan on Tuesday, Sen. Rick Jones’s SB 783 passed the Senate with a vote of 31 to 7. This bill — which is now pending in the House Judiciary Committee — would allow landlords to prohibit medical marijuana cultivation and smoking in the privacy of one’s residence. Meanwhile, more sensible bills including HB 4271 and HB 5104, which protect patient access, currently languish in committee.
This bill would allow landlords to prohibit marijuana cultivation as well as smoking — but not vaporizing — when a lease specifically limits these activities. Those who violate a lease would be subject to sanctions, taking patient rights backwards to the days before the current law was passed in 2008. This bill would limit these rights without addressing fundamental problem in Michigan’s law — the lack of safe and regular access through state-legal provisioning centers and protections for non-smoked forms of the medicine.
The Detroit Free Press published a story Monday reporting that two key medical marijuana bills, HB 4271 and HB 5104, may be stalled in the Senate. Senate Government Operations Committee Chair, Randy Richardville, indicated he intends to “sit on them for a while” in his committee. Please politely and respectfully let Sen. Richardville know that Michigan’s patients need safe, reliable access to their medicine now.
If you are a Michigan resident, please take a moment to call or send an email to Senator Richardville today and voice your concern. If you have time to write a handwritten letter, it will have the most impact. You can write Sen. Richardville at: P.O. Box 30036, Lansing, MI 48909-7536.
HB 4271 would ensure patients have safe and regular access to medical marijuana by clearly protecting medical marijuana provisioning centers (dispensaries) in communities that allow and regulate them. HB 5104 would extend the protections currently in place for smoked forms of marijuana to marijuana extracts, a key ingredient in topical applications, tinctures, and other medical marijuana products. As both Senate majority leader and chair of government operations, Sen. Richardville’s support is critical.
If you are a patient in Michigan or know a patient or a medical professional who would like to know more about this issue, please email firstname.lastname@example.org for more on how to get involved.
Rep. Mike Callton
The Michigan House of Representatives overwhelmingly passed two important bills today. HB 4271, sponsored by Rep. Mike Callton, would allow local governments to license and regulate dispensaries. HB 5104, sponsored by Rep. Eileen Kowall, would extend the protections currently in place for smoked forms of marijuana to marijuana extracts, a key ingredient in topical emollients, edibles, and tinctures.
Rep. Eileen Kowall
The dispensary bill received a landslide vote of 94-14, while the vote for the extracts bill was an even more lopsided 100-9 in favor. We wish to thank both Rep. Callton and Rep. Kowall for sponsoring these important pieces of legislation, and thanks to the many groups, lobbyists, and patients who supported this effort. Great work!
The bills will now be transmitted to the Senate. Stay tuned for more alerts as progress on these bills continues.
In November, voters in Jackson, Michigan voted to pass a city ordinance that decriminalized possession of up to one ounce of marijuana. The ordinance applies to those 21 and older on private property. Now, Jackson police are determining how to enforce that law and what the law means by “private property. “
Jackson Police Chief Matthew Heins said the city police department has advised its officers to follow the new law.
“First and foremost, it was my objective to enforce what voters voted on,” Heins said. “We struggled with some details in the law, but it’s the law.”
Some of the subjects in the law Heins and others debated were what constitutes private property.
“Target is private property, for example,” Heins said. “But we don’t think it was the public’s intention to allow a 21-year-old to possess marijuana at your local Target.”
While the ordinance has removed criminal penalties for possession of marijuana, it is still unclear to what extent state and federal law will be enforced. As in Portland, Maine, the city has changed its laws, but state and federal laws remain the same. The Jackson County Prosecutor’s office has stated that it will continue to prosecute cases pursuant to those laws, and Chief Heins admits that there will always be extenuating circumstances that could lead to an arrest despite the new ordinance.
However, despite any extenuating circumstances and confusion regarding the parameters of the law, it seems clear that the Jackson Police will respect the public’s voice and permit marijuana possession on (most) private property.
While election day saw an overwhelming amount of media coverage surrounding marijuana issues, some of the details were confusing to people not living in those states, so here are the details for Michigan. Three cities in Michigan voted to remove criminal penalties associated with possession or transfer of up to one ounce of marijuana. The ordinances apply to those 21 and over on private property. Ferndale and Jackson voters passed city ordinances by 69% and 61% respectively, while voters in the capital city, Lansing, passed an amendment to their city charter with 63% of the vote. Ferndale, Jackson, and Lansing all join the ranks of other Michigan cities like Detroit, Grand Rapids, Ann Arbor, and Kalamazoo, which had previously removed criminal penalties associated with marijuana possession or set marijuana as the lowest law enforcement priority.
Law enforcement is still able to enforce state and federal laws against marijuana, but local cops have the option to follow these ordinances and not charge adults for possession of small amounts of marijuana. Activists will be playing close attention to whether or not they heed the will of the voters.