Voter initiatives and pending bills mean change is on the horizon in Michigan
Seriously ill patients who rely on marijuana-infused products instead of smoked or vaporized medical marijuana were dealt a serious blow by the Michigan Court of Appeals in a recent decision named State v. Carruthers. The court decided that extractions, including resin, are not protected by the Michigan Medical Marihuana Act. Since most forms of edible marijuana are made with extractions, this creates a tremendous burden on patients. The decision is being appealed to the Michigan Supreme Court with the help of several key attorneys who work closely with the medical marijuana community.
Meanwhile, patients are hoping for better news from the Medical Marihuana Review Panel, which is considering written comments on whether to add Post Traumatic Stress Disorder and insomnia as qualifying conditions for medical marijuana. Comments will be accepted until 5:00 p.m. on October 5 and may be sent by email or by regular mail. For more information on the process, including the mailing address, click here.
Efforts are also underway to improve patients’ access to their medicine. Rep. Mike Callton (R-Nashville) is sponsoring a bill that would allow dispensaries in cities and towns that recognize and regulate dispensaries. The bill enjoys broad bipartisan support, but has remained in committee since shortly after it was introduced. Please take a moment to ask your state representative and state senator to support HB 4271 so that patients can have safe, state-legal access to their medicine.
In addition, State Rep. Jeff Irwin (D-Ann Arbor) introduced a bipartisan bill that would decriminalize possession of an ounce or less of marijuana in Michigan. HB 4623 would amend state law and remove all criminal penalties including jail time. You can voice your support for this proposal by contacting your state representative and state senator and asking them to get behind this important bill.
Dedicated local advocates are bringing marijuana policy reform directly to voters in Lansing, Ferndale, and Jackson. On Tuesday, November 5, voters in all three cities will decide the fate of ballot initiatives that would remove local penalties for adults’ possession of small amounts of marijuana in a private residence. If you live in one of these cities, be sure to VOTE YES in November! You should also subscribe to our email alerts to be the first to know when this and other bills have important hearings or votes in the legislature.
Marijuana laws in Michigan (non-medical)
Michigan law is unusual in that it includes separate penalties for both the possession and use of marijuana. Possession of any amount of marijuana – whether several ounces or a single gram – is a misdemeanor punishable by up to a year in jail and a fine of up to $2,000. Separately, use of marijuana is also a misdemeanor, punishable by 90 days in jail and a fine of not more than $100. Lastly, possession in or within 1,000 feet of a public or private park can land the offender in jail for up to two years.
One of the most tragic failures in the war on marijuana is how hard it impacts racial minorities. The ACLU’s 2013 report entitled “The War on Marijuana in Black and White” clearly shows how disproportionally African-Americans in Michigan and other states have been affected and is a tremendous resources for advocates. In Michigan, African-Americans are over three times more likely to be arrested for marijuana-related offenses than whites, even though both races consume marijuana at similar rates.
If you’ve been arrested or need legal assistance, there are many options in the state, but MPP recommends Neil Rockind, PC, who generously provided MPP with pro bono legal assistance. Neil is a zealous and effective advocate.
The Michigan Medical Marihuana Program
Application forms, along with the full text of the law and accompanying regulations, can be found at the Michigan Department of Licensing and Regulatory Affairs website.
Under the MMMA, patients can choose to either cultivate their own medical marijuana in an enclosed, locked facility or to designate a caregiver to do so for them. Caregivers can assist no more than five patients. Also, note that in late 2012, the legislature passed several bills that changed the way the program works. Here’s a helpful summary (PDF) of those new laws.
