The Michigan appeals court again has reversed a decision and reinstated charges against a man who was accused of running illegal medical marijuana dispensaries in the state’s Thumb region.
The court says James Amsdill knew the legality of marijuana sales was unclear and was also aware that state police didn’t view his Blue Water Compassion Center as legal. The court says, “Prosecution is more than fair under the circumstances.”
A judge in St. Clair County twice dismissed the case, the last time on grounds of entrapment. The case was filed in 2013, long before Michigan lawmakers created a system to allow certain marijuana dispensaries to operate legally.
Licenses could be issued by spring.
Copyright 2017 Associated Press. All rights reserved.
LANSING, MI – The legislature is considering a bill that would limit medical marijuana growing licenses to 1,500 plants per location, something that’s the exact opposite of what the Department of Licensing and Regulatory Affairs has recommended as it crafts regulations for medical marijuana facilities.
The legislature last year passed a bill regulating medical marijuana facilities, including growing operations. Three types of growing licenses are allowed:
The Class A license allows a grow of up to 500 medical marijuana plants.
The Class B license allows a grow of up to 1,000 medical marijuana plants.
The Class C license allows a grow of up to 1,500 medical marijuana plants.
But LARA, which was left in charge of many of the details in implementing medical marijuana facilities regulations, signaled last month that it would allow even bigger grows by letting companies “stack” the largest licenses and grow many times 1,500 plants in one location.
Lobbyists try to shape Michigan’s medical marijuana rules before they’re made
Emails obtained by MLive and the Michigan Campaign Finance Network show a pattern of influence.
“It is the intent of the Bureau of Medical Marihuana Regulation to allow a potential licensee to apply for – and be granted – multiple (“stacked”) class C grow licenses in a single location,” wrote the department in a Sept. 28 press release.
That, said Rep. Jim Runestad, R-White Lake, is “beyond what I think many legislators intended.”
He is the sponsor of House Bill 5189, which would limit medical marijuana growers from holding more than one license at a single facility. He also chairs the House Judiciary Committee, which took testimony on the bill Tuesday morning.
“Having super-grows could potentially monopolize the market and may not be the direction that we would want to go immediately. Only time will tell who the good actors are and if it is reasonable to allow unlimited stacking of licenses per location,” Runestad told the committee.
Rep. Tim Greimel, D-Auburn Hills, questioned whether this bill would really quell monopolistic tendencies. It would still allow the same person to get multiple Class C licenses at different locations, he pointed out.
“That doesn’t reduce the likelihood of monopolistic control over licenses any more than having them in one location, does it?” Greimel asked.
Under the bill, local governments have to “opt in” if they want to license medical marijuana facilities. Two representatives from local communities had different takes on the bill in the House Judiciary Committee on Tuesday morning.
Small towns have big say on future of Michigan’s medical marijuana industry
Businesses are pushing local governments to allow medical marijuana within their boundaries.
Thetford Township Trustee Eric Gunnels said he supported the bill.
“I do think that we should be cautious, that we don’t allow, like you said, monopolies, monopolistic ventures to consolidate the market into the hands of a few,” Gunnels said.
But Bangor Township Supervisor Glenn Rowley said his area had a shrinking revenue stream and large industrial properties medical marijuana grows would bring to life. They already have a few large companies requesting local permits for multiple Class C grows. He opposes the bill.
“We want everyone to succeed,” Rowley said, adding he hoped they made a pile of money so big you need a Sherpa to get to the top of it.
Runestad said there was more testimony he couldn’t get to before the committee was scheduled to end. At this point, though, he thinks there are the votes to get it out of committee and is planning to take it up again at the committee’s next meeting.
AN INITIATION of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to make an appropriation; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.
Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; privilege from arrests; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity of medical use of marihuana; registry identification card issued outside of department; sale of marihuana as felony; penalty; marihuana-infused product.
Registered qualifying patient or registered primary caregiver; arrest, prosecution, or penalty, or denial of right or privilege prohibited; conditions.
AN ACT to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules.
History: 2016, Act 281, Eff. Dec. 20, 2016 Compiler’s Notes: Enacting section 2 of Act 281 of 2016 provides:”Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare.”
PART 8. MARIHUANA ADVISORY PANEL (333.27801…333.27801)
MARIHUANA TRACKING ACT
Act 282 of 2016
AN ACT to establish a statewide monitoring system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial marihuana trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; to provide for remedies; and to provide for the promulgation of rules.
Statewide monitoring system; use as integrated marihuana tracking, inventory, and verification system; requirements; rules; bids; violation; termination of contract.
Detroit — It’s been a year since Detroit put laws in place to regulate medical marijuana shops and as of today, only two have been approved to operate.
The strict set of zoning and licensing requirements adopted in 2015 by the City Council went into effect last March. That’s when all shops — existing and new — seeking to operate lawfully were required to apply online, submit plans, meet rules and obtain licensing, or face closure.
The city has received more than 260 applications for Medical Marijuana Caregiver Centers since that time. But new figures released by the city this week reveal only two prospective centers cleared the required hurdles.
Green Cross on West Eight Mile opened in mid-February as Detroit’s first licensed center. Its operators were the first to apply under the new law and completed the “vigorous” process Feb. 3, said manager Simon Berro.
“We went to the city. We listened to what they said. We followed their rules,” said Berro of the center, operated by the Detroit Caregivers Center Association. “We took all precautions, and it was a vigorous process, but nonetheless, it worked out at the end.”
The Green Genie on McNichols on the city’s west side also has its license. The building and its signage indicate the facility is open, but no staff was there Thursday afternoon.
Meanwhile, 136 shops have been closed down, padlocked and sealed with bright orange stickers by the city’s Building Safety Engineering & Environmental Department. And 115 others remain in various stages of the application process, according to the building department, which has enforcement authority under the code.
“There’s a lot of growing pains that exist,” said Jamaine Dickens, a spokesman for Top Dollar Holdings, which operates a caregiver center, 420 Dank on Gratiot. “It’s been a learning experience for all involved from the city and most certainly from the industry.”
The center, Dickens said, had been in operation prior to the ordinances and has done everything “by the letter of the law.” Top Dollar Holdings is one of only a few operators so far granted a variance by the city’s zoning board after it was deemed too close to a church and liquor store. Its center is now working to obtain its business license, Dickens said.
The rules, aimed at bringing order to what had been an unregulated practice, have cleared the way for Detroit to shut down so-called pot shops failing to seek compliance under the ordinance or dispensing medical marijuana in zones prohibited under federal, state and city statutes.
The federal Drug Free School Zone Act prevents marijuana from being delivered, sold or manufactured within 1,000 feet of a school. State law also factors libraries into the rule. The city’s zoning regulations cover educational institutions and goes beyond that, prohibiting shops from operating near child care centers, arcades and outdoor recreation facilities.
There were 283 dispensaries throughout the city when Detroit began accepting applications under the new laws on March 1, 2016.
Detroit Corporation Counsel Melvin Butch Hollowell said each was sent a letter, warning they were “operating at their own risk” until fully licensed. The shops were also provided a 30-day window to submit applications before enforcement officially began.
Hollowell and the zoning code note shops in operation prior to the laws without licenses are able to continue serving patients so long as they have put in “good faith” applications. The operators who haven’t top a priority list for closure, Hollowell said.
Some medical marijuana advocates contend the city’s zoning laws are unfairly restrictive and applications are being processed too slowly, and they fear patients will suffer.
Robin Schneider, executive director of the National Patient Rights Association, said she’s disappointed with the lack of progress a year in.
“(Detroit) has the most exclusionary zoning practices of anything I’ve ever seen in the state,” said Schneider, who is concerned some applicants have been improperly turned down because they are located near long-closed former schools or child care buildings. “I think the fact that patients still do not have access to licensed facilities is a disservice to patients.”
The zoning legislation will permit about 50 shops overall. Still, Hollowell doesn’t think it will lead to hardships.
“There will be an appropriate number of locations that will be made available for people to sell the medicine,” he said. “We just want to make sure that as they are opened, they are opening in an orderly fashion and meeting needs of patients required for treatment.”
Hollowell added the small number of shops to complete the approvals so far shows “diligence” in the stringent requests for zoning, site and security planning, tax and health code clearances and licensing.
“It’s a new field,” he said. “It’s being processed well.”
Under the code, centers must operate in heavily commercial or industrial areas and are barred from locating in neighborhoods.
That’s welcomed by by Cortez York, who lives off Eight Mile on the city’s east side where centers along the main roadway have been plentiful. The 24-year-old said the marijuana centers “bring a lot of activity.”
Some of it has subsided since the city’s new laws have gone into place, he said.
“Some of them are taking the signs away. I see less cars pulling up all day and pulling out,” he added. “The neighborhood looks more peaceful.”
Hollowell said a mix of about 150 newer and older shops operating in Detroit are still facing closure because they haven’t made bids to legally operate. The city’s Law Department on Thursday said it estimates another 70-80 shops with applications pending are also operating.
About 80 others have been shuttered by neighborhood police officer and building inspector enforcement teams, and 55 closed after Detroit’s legal department filed nuisance abatement lawsuits in Wayne County Circuit Court.
Under city ordinance, centers must submit specific documentation and undergo a site plan review, public hearing over land use and secure a certificate of occupancy, business licensing and inspections, among other things. The requirements also cover site and security plans, insurance, lighting and parking specifications. Licenses must be renewed annually.
Centers can appeal to the city’s Board of Zoning Appeals for variances if they are turned down for being too close to schools, churches, liquor stores or other controlled uses. Challenges beyond that can be argued in circuit court.
Nathan Oakes, managing partner of Greener Crossing, a caregiver center on the city’s east side, said he supports the strict laws, saying they help rid the city of facilities that aren’t running honest business.
Oakes, a U.S. Marine Corps. veteran, said he got into the business to ensure safe access for veterans. He opened the center in October 2015 on a heavily industrial section of Hoover, off Eight Mile.
Oakes’ center is among those the city has allowed to continue serving patients while completing the application process. He’s endured the various steps and is obtaining his certificate of occupancy and inspections. He hopes to get his business license by spring.
“I find (the city) to be strict. I think that’s a good thing,” he said. “There’s a lot of fly-by-night organizations trying to just grab money in this business. Then, there’s the legitimate operations serving the patients. I think the ordinance helps distinguish between those two.”
But Andre Godwin, who represents the Sons of Hemp, a group of herbalists, caregivers and dispensary owners, said the laws have left many in limbo and are “making it bad for everyone.”
Godwin, who formerly filed a legal challenge to the new law, said the city is being “too intrusive” and the group is considering a petition drive to get a measure before voters in hopes of repealing it.
The Detroit News Published 10:50 p.m. ET March 16, 2017
One of the state’s most active medical marijuana specialist attorneys has been honored by the Criminal Defense Attorneys of Michigan (CDAM) with their “Justice For All” Award.
Of the thousands of criminal defense attorneys in Michigan, Komorn’s record of going after the big guy- and winning- propelled him into the top spot.
The award is described by CDAM below:
“The Justice for All award is given to recognize a particular extraordinary contribution of a group of individuals. This contribution can be in the form of legal representation or other extraordinary service.”
Komorn won a dismissal of charges in the Max Lorincz case, which involved a prosecution and removal of a child based on a tiny smear of alleged marijuana concentrate found by law enforcement.
This case, and Komorn Law’s digging into the back story, revealed the scientifically invalid and politically motivated changes in reporting marijuana concentrates as ‘origin unknown’ by the Michigan State Police Crime Lab.
The Lorincz case underscores what Komorn has been fighting for all along: an unyielding pursuit of the truth and exoneration for patients caught in a system designed to capture them.
Although the Lorincz case is the most recent and notable victory for Komorn Law, his other accomplishments stand out as well. Praise for Komorn’s career has been easy to obtain.
Some of Komorn Law’s highlights from 2015 include:
Having the entire Lapeer County Prosecutor’s office tossed off a medical marijuana case for being biased.
Challenging the Michigan State Police Crime Lab as they pervert scientific method to satisfy the political needs of prosecutors
Becoming involved as a Commission Member on the new Marijuana Law Section of the State Bar Association of Michigan
As well as many successful defenses of patients and caregivers registered with the Michigan Medical Marihuana Act (MMMA) in courts across Michigan.
Komorn is joined in his legal efforts by his longtime friend and aide, Chad Carr, who shares in the successes recognized by the Award Committee.
Komorn is also the Executive Director of the Michigan Medical Marijuana Association and the host of a weekly radio talk show dedicated to MMMA patients and the attorneys that represent them. The Planet Green Trees Radio Show has received notoriety nationally; interviews with legislators, scientists and attorneys for the past five years have offered revelations and brought clarity to what can be a very confusing medical marijuana program.
In the case of Max Lorincz, Michael was so moved by the unjust treatment of a man and his family, that he took the case pro-bono.
The Criminal Defense Attorneys have already posted the award notice and the dinner details. CDAM offers this description of their organization on the group’s website :
“Michael Komorn’s zealous advocacy and activism in the field of marijuana law has been impressive and has inspired many lawyers, including myself, to do the same through his accomplished example,” said Barton Morris, also a CDAM member.
“Michael is a pioneer and champion in marijuana law in Michigan.”
