Michigan Senate votes to ban marijuana beer

Lansing — The Michigan Senate on Thursday voted unanimously to ban marijuana-infused beer and wine, a pre-emptive strike ahead of possible legalization of the drug. Legislation sponsored by Sen. Rick Jones, R-Grand Ledge, would prohibit the possession or sale of marijuana beer, wine, spirits or mixed drinks — regardless of whether they contain alcohol.

The former Eaton County Sheriff said he was inspired to draft the legislation after hearing about similar products in places like Colorado, where Blue Moon’s brewer recently announced it would launch a non-alcoholic beer infused with marijuana.

“If we don’t ban it, we’re going to have it, and it is a recipe for disaster,” Jones said. “If you want it, go to Colorado or Canada. We don’t need it here.” Marijuana advocates say the proposal is a solution in search of a problem, but approval comes as Senate Republicans consider whether to take up a pot legalization proposal by early June or let the citizen initiative advance to the November ballot.

Jones opposes legalization but believes voters would approve the proposal, so he supports a push to adopt the legislation and then amend it later this year. The Senate is unlikely to vote without a clear sign House Republicans would follow suit, a scenario Speaker Tom Leonard, R-DeWitt, has called unlikely. Jones warned that marijuana beer could be sold at bars, creating liability for owners who sell an “edible” product that may take longer to intoxicate a user than alcohol and have a stronger effect. Bars are not supposed to allow patrons to leave and drive if they appear inebriated. But the legalization proposal would not allow bars to sell marijuana products, said Josh Hovey, a spokesman for the Coalition to Regulate Alcohol Like Marijuana. The drug could only be sold through state-licensed dispensaries, which would need to be stand-alone entities. “So once it passes, people won’t be seeing bars or liquor stores, or even convenience stores for that matter, selling cannabis products — just dispensaries,” Hovey said.

Communities would also need to opt in and could set their own zoning and local licensing regulations, he added.

Still, Jones predicted recreational marijuana could open the door to unexpected products the state has never before considered regulating.

“When the November ballot passes … bar the door, it’s going to be the wild, wild West,” Jones told reporters after Thursday’s state Senate vote on marijuana beer. Hovey disputed that characterization, saying the legalization proposal would create a “highly regulated licensing structure just like the medical marijuana system the Legislature passed in the fall of 2016.”

That law, passed with bipartisan support in the Republican-led Legislature, created new regulations separate from the medical pot law approved by voters in 2008.

“We followed the licensing structure almost to the letter,” Hovey said.

The only difference, he said, is licensing would be processed by the Michigan Department of Licensing and Regulatory Affairs rather than the “politically appointed” Medical Marihuana Licensing Board.

Kevin Sabet, president of the Smart Approaches to Marijuana advocacy group, praised the Senate legislation. Marijuana beer presents a “double whammy” because it’s appealing to kids and is dangerous, he said.

“It should not be legal for medical use or recreational use,” Sabet said.

If Michigan voters see a legalization proposal on the ballot in November, they won’t just be voting on marijuana, Sabet said. “They’re voting on things like (marijuana-infused) candies, ice cream and cookies. Those are very attractive to kids.” Michigan’s 2008 medical marijuana law does not allow bars or liquor stores to sell marijuana products, and dispensaries are not allowed to sell liquor, said Rick Thompson of the Michigan chapter of the National Organization for the Reform of Marijuana Laws.

“This seems a lot like a rhetorical legislative exercise because this bill would effect zero people in Michigan,” Thompson said last week in committee testimony. “There’s zero market for this.”

Thompson argued the proposal could also limit entrepreneurs who want to brew beer with Cannabidiol and other parts of the marijuana plant used by medical patients that do not have the same psychoactive effects like Tetrahydrocannabinol, or THC, the chemical commonly associated with a “high.”

Ontario, Canada, recently awarded a $300,000 grant to help a firm develop marijuana-brewed beer, and California wine makers are experimenting with marijuana-infused wine, according to media reports.

“I’m so happy that instead of becoming stoners in Michigan, they’ll go to Canada or they’ll go to California,” Jones said at the hearing. “Thank goodness.”

Lansing, Michigan

LANSING – The battle to free the weed officially started Thursday when the State Board of Canvassers ruled that a group pushing a proposal to legalize marijuana for recreational use got enough signatures to qualify for the Nov. 6 ballot.

The 4-0 decision by the board was met with cheers by advocates for the proposal.

“The people of Michigan deserve this. They earned it,” said Rick Thompson, a board member of the Michigan chapter of the National Organization for the Reform of Marijuana Laws or NORML. “We’ve faced many trials and tribulations. We’ve had so many stop and go signs from the federal government. That’s why states have to take the reins on the issue and really be the crucibles of democracy that they’ve always been intended to be.”

It was the second time that the coalition had turned in enough signatures to get on the ballot. The last time, however, it didn’t get the signatures in a state-mandated 180-day window and the petition was thrown out. But the coalition didn’t have the same problem this time around. “We expected this,” said John Truscott, spokesman for the Coalition to Regulate Marijuana Like Alcohol. “Now, we’ll be out and about talking to people and educating them about the issues.”

Scott Greenlee, executive director of the Healthy and Productive Michigan political action committee, which opposes the ballot proposal, urged the Board of Canvassers to keep the issue off the ballot because marijuana is still considered an illegal drug by the federal government.

“By putting this on the ballot, you’re disregarding federal law,” he said. “I recognize that other states have done it, but like my mom always told me, ‘Just because your friends jump off a bridge, doesn’t mean you have to do the same thing.’

“We’re picking and choosing which laws to follow and that’s no way to live,” he said, adding he’s not sure whether his group will continue to fight the Board of Canvassers’ decision in court.

The Michigan marijuana ballot proposal would:

Legalize the possession and sale of up to 2½ ounces of marijuana for personal, recreational use.
Impose a 10% excise tax on marijuana sales at the retail level as well as a 6% sales tax. The estimated revenues from the taxes are at least $100 million.
Split those revenues with 35% going to K-12 education, 35% to roads, 15% to the communities that allow marijuana businesses in their borders and 15% to counties where marijuana business are located.
Allow communities to decide whether they’ll permit marijuana businesses.
Restrict purchases of marijuana for recreational purposes to 2½ ounces but an individual could keep up to 10 ounces of marijuana at home.
Allow the Department of Licensing and Regulatory Affairs (LARA), and not the politically appointed licensing board that will regulate the medical marijuana side of the market, to regulate and license marijuana businesses, ranging from growers, transporters, testers and dispensaries.
Set up three classes of marijuana growers: up to 100, 500 and 2,000 plants.
Michigan voters have already weighed in on marijuana once, approving cannabis for medical use in 2008 by a 63%-37% margin. As of March, 1, 277,752 people are medical marijuana cardholders and 43,131 people are caregivers who can grow up to 72 plants for up to five cardholders. The state is in the process of vetting applications of people who want to get into the medial marijuana business, which is expected to generate at least $700 million in sales.

That financial prediction is estimated to grow to more than $1 billion a year if voters pass the ballot proposal and Michigan becomes the ninth state to legalize marijuana for adult recreational use.

In Colorado, the oldest recreational marijuana market in the nation, sales in 2017 were $1.5 billion.

But getting the ballot proposal passed is not a foregone conclusion, despite recent polls showing more than 60% support for legalizing marijuana.

Healthy and Productive Michigan has $215,286 for the battle ahead, primarily from Smart Approaches to Marijuana, a Virginia-based organization that supports cannabis for medical, but not recreational, uses.

“We’ll continue to press forward with education and explain to the public the problems that recreational marijuana will cause in our state,” Greenlee said. “And once it’s certified for the ballot, we’ll have a number of people from Michigan who will come in and support us.”

The Coalition to Regulate Marijuana like Alcohol has raised more than $1 million, but spent the vast majority on paying the firm that collected petition signatures. According to campaign finance reports filed this week with the Secretary of State, the coalition has only $17,326 in available cash for the upcoming campaign.

The action taken by the Board on Thursday will trigger a large fund-raising effort, Truscott said.

“We expect to have quite a bit coming in now that it’s all approved,” he said. “There have been a number of meetings in the last few weeks about that.”

With the Board of Canvassers’ approval, the state Legislature has several options: it could consider the measure and pass it, in which case it would automatically become law; it could offer a competing proposal for the ballot or it could do nothing and let the issue go to the Nov. 6 ballot.

While Republicans might want to keep the issue off the ballot in November — because it’s expected to increase voter turnout that could be more beneficial for Democrats — it would also be a very difficult vote for Republican lawmakers to take as many of them face elections in the fall.

Speaker of the House Tom Leonard, R-Dewitt, seemed to take the legislative vote option off the table on Thursday.

“I don’t anticipate it happening. There’s not much support in the caucus for it and I personally do not support it,” he said. “I think it’s something that the voters are going to have to ultimately decide.”

Arkansas Update! Get ready residents !

 

By TAFI MUKUNYADZI, Associated Press

LITTLE ROCK, Ark. (AP) — Arkansas’ medical marijuana industry will ramp up in the next week, with the state poised to accept applications from potential patients, growers and distributors.

Beginning Friday, the state Medical Marijuana Commission will accept applications from those hoping to grow or supply marijuana, while the Health Department will take applications from those hoping to benefit from the first marijuana-as-medicine program in the Bible Belt. The application periods will run until Sept. 18.

State officials expect anywhere from 20,000 to 40,000 people to seek permission to use the drug for a number of health problems. It will cost $50 to apply and permits must be renewed yearly.

Potential patients must submit written certification from a physician to obtain a registration card, demonstrating that the doctor has fully assessed the patient’s medical history. The application must show that there’s an established physician-patient relationship and that the patient has a certain qualifying medical condition.

All applicants must have a driver’s license or state-issued ID card, and those under age 18 need the consent of a parent or guardian to apply.

Family Council president Jerry Cox, who opposed the medical marijuana plan, fears that some may try to “game” the system and obtain marijuana even if they don’t have one of the 18 medical conditions listed in the law. The health issues include intractable pain, cancer, glaucoma, a positive HIV/AIDS status, hepatitis C, Tourette’s syndrome, Crohn’s disease, post-traumatic stress disorder and severe nausea.

Cox said intractable pain and severe nausea are conditions that are difficult to medically prove and that doctors have to take patients at their word when recommending them for medical marijuana. He said that state lawmakers could’ve placed more restrictions on medical marijuana, like blanket bans on edibles and smoking.

Delaware House panel approves marijuana legalization bill

DOVER, Del. – (AP) – A bill legalizing the recreational use of marijuana in Delaware has cleared its first legislative hurdle.

The legislation, which was released Wednesday by a House committee and now goes to the full House for a vote, regulates and taxes marijuana in the same manner as alcohol.

The bill doesn’t allow people to grow their own marijuana but allows adults over age 21 to legally possess less than an ounce of marijuana for personal use.

The legislation would create a commission to regulate, license and tax the marijuana industry, allowing licenses for up to 40 retail stores.

Consumers would pay an excise tax of $50 an ounce, while businesses would pay an application fee of $5,000 and a $10,000 licensing fee every two years.

Congress Hands A Mixed Bag to Marijuana Movement

The year-end spending bill gives momentum to the marijuana movement, plus a painful setback

For the marijuana legalization movement, 2014 ends the way it began: with legal changes that showcase the movement’s momentum alongside its problems.

Tucked into the 1,603-page year-end spending bill Congress released Tuesday night were a pair of provisions that affect proponents of cannabis reform. Together they form a metaphor for the politics of legal cannabis—an issue that made major bipartisan strides this year, but whose progress is hampered by a tangle of local, state and federal statutes that have sown confusion and produced contradictory justice.

First the good news for reformers: the proposed budget would prohibit law enforcement officials from using federal funds to prosecute patients or legal dispensaries in the 32 states, plus the District of Columbia, that passed some form of medical-marijuana legalization. The provision was crafted by a bipartisan group of representatives and passed the Republican-controlled House in May for the first time in seven tries. If passed into law, it would mark a milestone for the movement, restricting raids against dispensaries and inoculating patients from being punished for an activity that is legal where they live but in violation of federal law.

“The enactment of this legislation will mark the first time in decades that the federal government has curtailed its oppressive prohibition of marijuana, and has instead taken an approach to respect the many states that have permitted the use of medical marijuana to some degree,” Rep. Dana Rohrabacher said in a statement to TIME. The California Republican’s work on the issue reflects the strange coalition that has sprung up to support cannabis reform as the GOP’s libertarian wing gains steam and voters’ views evolve.

At the same time, the House chose to overrule Washington, D.C., on the issue. Last month voters in the District chose to liberalize its marijuana laws, passing an initiative that legalized the possession, consumption and cultivation of recreational marijuana. The move, which was supported by about 70% of the capital’s voters, paved the way for D.C. to follow in the footsteps of Colorado and Washington State by establishing a tax-and-regulatory structure for cannabis sales in 2015.

Source

Pennsylvania senate vote was overwhelming in our favor!

HARRISBURG, Pa. – The Pennsylvania state senate yesterday voted overwhelmingly in favor of a bill that would legalize medical marijuana in Pennsylvania, but the odds are steep against the measure becoming law in the current legislative session.

The Republican-controlled Senate voted 43-7 in favor of medical marijuana. The measure was championed by state senator Daylin Leach, a suburban Philadelphia Democrat.

“This is going to help people who are in desperate situations,” he said.

Under the proposal, state residents would need an access card from the state health department after proving they have a practitioner-patient relationship and written confirmation of a qualifying medical condition.

But one big problem for supporters is governor Tom Corbett. His spokesman, Jay Pagni, says the governor’s position has not changed.

“The governor is opposed to the legalization of marijuana for either purpose: recreational or medicinal,” Pagni said today.

Corbett has proposed a limited research pilot program. But even before the bill can get to him, it has to go through the state House, where, with only a handful of days left in the current session, a spokesman for the majority leader says the medical marijuana bill will have to be reviewed and vetted during at least one hearing.

All bills not passed this year will have to be reintroduced next year.

The legislative debate had been propelled by parents who believe a marijuana oil extract can help their seizure-wracked children.

A handful of delivery methods that do not involve smoking it would be permitted under the bill, including extracted oil, edible products, ointments, and tinctures.

Florida – Bong Ban Update

TALLAHASSEE — Marijuana legalization advocates might have another reason to rejoice if Florida voters approve a proposed constitutional amendment allowing pot for medical use.

The initiative’s passage also will pre-empt Florida’s “bong ban,” which forbids the sale of pipes used to smoke the plant, said the head of the drive behind the amendment.

Ben Pollara, campaign manager of United for Care, pointed out that the amendment’s definition of marijuana’s “medical use” includes “related supplies.”

Anything now outlawed as drug paraphernalia, including “metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,” may be legally sold if used to smoke marijuana to treat a medical condition, Pollara told the Tribune/Scripps Capital Bureau.
That could even include a “2-liter-type soda bottle,” which state legislators have banned if used with a controlled substance.

Jon Mills, the former University of Florida Levin College of Law dean who drafted the amendment’s language, didn’t take issue with Pollara’s interpretation.

“Pragmatically, though, I expect the Legislature will go back and further define what is and what is not (illegal) paraphernalia,” said Mills, who also served as speaker of the Florida House in 1987-88.

“But certainly, if you were arrested for having drug paraphernalia and were using marijuana medically, you’d make the argument your device was included” in the amendment’s definition, he added.

Also in agreement is Sandy D’Alemberte, former Florida State University president and law school dean and past American Bar Association president.

“If devices that best administer medical marijuana are on the list” of drug paraphernalia, “then on the face of it, it sounds like you’d have a pretty good argument you weren’t breaking the law,” he said.

“Ultimately, of course, a court would have to decide,” added D’Alemberte, who also chaired the Florida Constitution Revision Commission in 1977-78.

A look at state law suggests Florida lawmakers have schooled themselves on the ways people get high.
For instance, they didn’t just ban “roach clips,” they crafted a definition for them: “Objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.”
They have added “miniature cocaine spoons” and “carburetor pipes” as banned items.

Over the years, lawmakers even made “balloons” and “duct tape” illegal if used as drug paraphernalia.

Last year, the Legislature cracked down on bongs, the common name for pipes used to inhale marijuana smoke. State law previously allowed certain retailers to sell bongs if at least 75 percent of their sales came from tobacco products or they had no more than 25 percent of “certain drug paraphernalia” sales.

A bill offered by state Rep. Darryl Rouson, a St. Petersburg Democrat, made the sale of all marijuana pipes a first-degree misdemeanor. Second and subsequent violations rise to a third-degree felony.

Rouson, who has been open about his past struggles with drug addiction, carved out an exception for what he called “grandpa’s pipe” — anything made from “briar, meerschaum, clay, or corn cob.”

Gov. Rick Scott signed the bill (HB 49) into law and it took effect last July.
Rouson said that the amendment, if passed, would further water down his measure.

“If legitimate medical users choose to use a banned device as a delivery system, then, yes, the amendment allows it,” he said.

Even now, Pollara questions the law’s effectiveness.
“Every little convenience store in my (Miami) neighborhood sells bongs,” he said.

Leo Calzadilla, owner of Purple Haze Tobacco and Accessories, said the bong ban “hasn’t affected me at all.” His website shows an array of pipes, in different colors and materials, for sale at his shops in St. Petersburg and Madeira Beach. The ban “hasn’t changed the way I do business,” Calzadilla said.

The Florida Department of Law Enforcement reports that only 10 people were charged under the state’s bong ban in the past year.
The type of bong sold — or other paraphernalia, if any — wasn’t specified in those arrests, FDLE spokeswoman Gretl Plessinger said.

Michigan House panel signs off on medical marijuana dispensaries, edible products

LANSING, MI — Medical marijuana dispensaries could return to Michigan under a proposal heading to the state House floor for consideration.

The House Judiciary Committee on Tuesday unanimously approved bills that would update the voter-approved Michigan Marihuana Act of 2008 to make way for dispensaries and allow more parts of the plant to be used in edibles.

The panel, in a 8-1-2 vote (with two Democrats passing), also approved a proposal to create a separate “pharmaceutical-grade cannabis” registry in the event that the federal government ever reclassifies marijuana as a Schedule II drug fit for medical use.

House Bill 4271, introduced by state Rep. Mike Callton, R-Nashville, would empower local communities to decide whether they want to allow dispensaries. Medical marijuana storefronts had operated in Michigan until a February ruling by the state Supreme Court forced them to close.

The substitute version approved Tuesday would require testing of medical marijuana sold through the “provisioning centers” and prohibit them from cultivating the plant, meaning they could only sell excess marijuana grown by certified caregivers or patients.

Callton, who fine-tuned the bill with input from municipalities and law enforcement officials, said the proposal would improve patient access and care.

“If you get your recommendation from a doctor, instead of waiting four to six months for someone to grow plants for you — and you may be dead by then — you’ll be able to go right away to a provisioning center and get the medicine you need,” Callton told MLive.

House Bill 5104, sponsored by state Rep. Eileen Kowall, would update the medical marijuana law to clarify that multiple parts of the plant — including dried leaves, resin and extracts — can be eaten or otherwise used by patients.

The version approved Tuesday includes new language defining the allowable amount of edible or topical marijuana that patients or caregivers can possess.

The Michigan Court of Appeals, in a July decision, ruled that “pot brownies” are not a usable form of marijuana under the medical law, essentially prohibiting non-smokable forms of the drug, including topical creams, drops and edibles. An appeal request has been filed with the Michigan Supreme Court.

Tim Beck, who helped spearhead the 2008 petition drive for medical marijuana, praised the passage of the bill despite some concerns with the proposed testing requirements and regulations.

“Nobody has ever died of an overdose of marijuana,” said Beck. “Even marijuana that has mold might be unpleasant, but it’s not a fatal situation. Most marijuana is not contaminated. Stuff you buy from Mexico is another story, but around here, people are very, very careful. It think the need (for testing) is a little exaggerated, but that’s the sausage-making process.”

Despite unanimous passage in committee, the bills face an uncertain future in the state Legislature, which has generally moved to add regulations to the voter-approved medical marijuana law rather than expand it.

Senate Bill 660, already approved by the upper chamber, faces a more likely path to passage, but it would have no effect unless the federal government reschedules marijuana.

Sponsoring Sen. Roger Kahn, R-Saginaw Township, testified last week that the new registry would not replace the state’s caregiver-patient model, but it would provide patients with the option to access carefully tested and consistently dosed medicine.

Kahn worked on the bill with former state House Speaker Chuck Perricone, who now represents Prairie Plant Systems. The bio-pharmaceutical company has been Canada’s primary medical marijuana provider for more than a decade and would like to grow the drug in a former copper mine that it owns in Michigan’s Upper Peninsula.

State Rep. Jeff Irwin, D-Ann Arbor, opposed the bill because it would require patients to give up their current medical marijuana certification if they wanted access to the pharmaceutical-grade registry, forcing them to pay another $100 fee if they changed their mind and wanted to return to the patient-caregiver model.

“I would like to not charge citizens twice for the same access to the same service,” said Irwin, who proposed an unsuccessful amendment to waive the fee for recertification in the original medical marijuana program.

SOURCE

MMJNews for Michigan!

There is much to report from the elections last night in regards to medical and recreational marijuana use, decriminalization and possession. For Michigan, Voters in three cities approved new ordinances to legalize ‘small amounts of marijuana for personal use’ Tuesday.In Ferndale, the now voter-approved measure would allow “possession or transfer of less than one ounce of marijuana” (on private property and for those 21 and older) had 69 percent of the vote. Anything above 54% really gets me excited!!!! The true majority!!
Also in Lansing, the state capital, voters passed a measure by 63 percent. So many CITIES are in support that this does lead state marijuana advocates to believe it could be legalized, for recreational use as soon as the next possible election.

-Christina
Christina@Medifaded.Com

The following is an excerpt from an article available here

JACKSON, MI – Marijuana advocates in Jackson took to the polls in droves Tuesday, Nov. 5, and passed a proposal that permits residents to carry marijuana within city limits. The proposal, which decriminalizes 1 ounce of marijuana or less for residents 21-years or older, passed easily via a 2,242-1,434 vote. “There is now 14 cities in the state of Michigan that passed similar ordinance, and we hope this will send a message to politicians,” marijuana proponent Roger Maufort said. “We’re very excited.”
More than 550 residents signed and turned in a petition in July to put the proposal to a public vote.

FULL ARTICLE FROM MLIVE.Com available here

UPDATE (excerpt from mlive.com)
NOV.6
Michigan Senate looks to move medical marijuana into pharmacies, licensed manufacturing facilities

LANSING, MI — Michigan’s Republican-led Senate is considering a plan to create a new system for regulating and distributing medical marijuana.

Legislation introduced by Sen. Roger Kahn and co-sponsored by Senate Majority Leader Randy Richardville seeks to reclassify medical marijuana, license facilities to grow the drug and distribute it through authorized pharmacies.

The system, which would require federal approval before it could be implemented, would treat marijuana as a Schedule II drug, similar to OxyContin or Percocet.

“Marijuana, if it’s to be medical marijuana, should be held to the standard of medical safety and of dosage predictability,” said Kahn, R-Saginaw Township.

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