LANSING – Taking steps to protect Michigan’s emerging marijuana industry and its consumers, Attorney General Dana Nessel joined a bipartisan group of 21 Attorneys General Monday, urging Congress to pass legislation that allows legal businesses to access the federal banking system.
Under existing law, financial institutions are prohibited from providing banking services to marijuana businesses in the 33 states and other U.S. territories where medical or retail marijuana sales are legal. As a result, businesses that comply with state law are forced to operate as cash-only businesses, posing serious safety threats and creating targets for violent and white-collar crime.
The legal marijuana industry employs hundreds of thousands of Americans nationwide and is expected to provide more than 40,000 jobs in Michigan by the time the market is fully established, according to the Michigan Cannabis Industry Association. It is estimated that the industry will generate revenue between $50 billion and $80 billion nationally over the next decade.
“All legal and legitimate businesses should have a safe place to deposit their revenue and not have to rely on under-the-floor safes to store their legally earned money,” Nessel said. “This is not just a states’ rights issue, this is an issue of safety. The expansion of Michigan’s market to include legal sales of recreational marijuana this year compels us to join this effort to ensure we protect Michigan businesses from becoming unnecessary targets of bad actors.”
In their letter, the Attorneys General say that the legislation (H.R. 2093; S. 1028) would provide businesses oversight and reduce the risk of violent and white-collar crime affecting the growing industry by allowing marijuana businesses to access the federal banking system. The “STATES” (Strengthening the Tenth Amendment Through Entrusting States) Act already has bipartisan support with 62 cosponsors in the U.S. House and 9 cosponsors in the U.S. Senate.
Nessel joins the Attorneys General of Alaska, California, Colorado, Connecticut, the District of Columbia, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington in sending this letter.
So when you’re convicted of a crime, or a traffic ticket, you have to pay a bunch of costs. Did you know that many of those costs go back into the local court’s operating budget? So when that judge orders you to be a good convict and pay your court fees, you’re actually paying the salary of the judge’s court recorder, or paying for the copy machine they use to print your probation order. According to this source, local courts get up to 26% of their operating budget from their own generated revenues (fines, costs and imposed penalties. Not from holding bake sales).
Courts across Michigan generate $418 million per year to fund their own operating expenses. They don’t raise $418 million by finding people innocent.
But wait, there’s news. The 5th Circuit Court of the United States Court of Appeals just ruled that when judges have a personal interest in collecting costs from a defendant, they have a conflict of interest. The court said that they can’t rule in a case where their own court stands to benefit. In the 5th Circuit Court case, the judges personally didn’t benefit, but their staff salaries and operating expenditures came from some of the funds collected in court costs. And the U.S. Court of Appeals said nope.
The history of this is a bit twisted. So stay with me.
In 2014, the Michigan Supreme Court decided the People v. Cunningham case. That case threw half of a wet blanket on court fees. The Michigan Supreme Court said that the court couldn’t impose a cost unless they were authorized by the legislature to impose that cost.
And what do you think the legislature did? They ran out and passed a law that authorized the courts to collect fees. But that law is only in effect until 2020.
So someone challenged that by bringing a new court case, People v. Cameron. The Michigan Court of Appeals upheld the new law as constitutional. The Michigan Supreme Court declined to look at the case.
But in the meantime, someone saw the writing on the wall, because the Michigan Trial Court Funding Commission quietly began working on a new funding scheme that sounds a little more constitutional.
So what the Michigan Supreme Court did was decline to accept the application for leave to appeal, so that $418 million in annual court funding around the state wouldn’t go poof. The Michigan Supreme Court punted in order to give administrators time to figure out how to run the courts and follow the constitution at the same time.
Chief Justice Bridget Mary McCormack more or less admits as much. In her concurring opinion denying leave to appeal, Chief Justice McCormack said that trial court funding is a “long-simmering” problem in Michigan. She said that denying leave to appeal will “allow our current system of trial court funding in Michigan to limp forward.” She then goes on to tell the legislature to pass the new, centralized funding scheme.
Read the rest here – Pretty interesting. The whole website is good. Each city should have one – Dirty Traverse City
It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed.
The legal system made its money and had its glory days and surely they will find new ways to do it, but at this time…
A new bill, introduced in the Michigan legislature could possibly expunge criminal records of those convicted of possession or use of marijuana offenses.
Introduced
by Sen. Jeff Irwin, a Democrat from Ann Arbor, would clear the criminal records
for over 200,000 people without requiring them to apply to the court that
sentenced them.
“Automatic expungement for all of our
lowest-level cannabis offenders allows people to move on with their lives and
making it automatic is essential because many people can’t afford an attorney,
or the legal fees associated with an application,” Irwin said in a release.
“Cannabis is now legal in Michigan and petty offenses in the past should be no
barrier to getting back to work or school.”
No thought is needed…Approval should be automatic…but automatic with the legal system leaves too much room for error. One should hire an attorney…to make sure there are no errors.
According
to Irwin only 6 percent of people eligible for expungement apply because of the
process.
The
bill could also extend to people who were charged with growing or possession
with intent to distribute charges.
The bill will provide an opportunity for people to apply to a judge to expunge their records.
“This
is the next step in ending the unsuccessful prohibition of marijuana that
incarcerated and punished Michigan residents unfairly for decades,” Irwin added
in a release. “After last year’s mandate from voters, I am hopeful that a
majority of legislators will vote to give Michigan residents back the
opportunities that were unjustly taken from them.”
Attorney Michael Komorn stated “Our firm has been fighting for this for many many years. We have fought in the front line trenches for our clients and have many victories. This is just one of the fronts we have been focused on”.
If you are looking to expunge your marijuana criminal record and make sure it is done correctly or maybe you have some other record you would like expunged. Don’t let the system tell you they “automatically” expunged it. You know how the system works you’ve been there…done that. Contact our office at 248-357-2550 for a free case evaluation
When Proposal 1 passed in 2018 in Michigan for the adult recreational use of cannabis many employers wondered as to how that would impact their drug policies.
An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana.
Employers can still follow a drug-free policy. That does not change.
The court ruled the employer didn’t violate the Michigan Medical Marihuana Act by revoking a conditional offer of employment.
If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com
In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test. Eplee v. City of Lansing, 2019 Mich. App. LEXIS 277 (Feb. 19, 2019).
Plaintiff’s claims against defendants essentially revolve around the following statutory language contained in MCL 333.26424(a):
The state appellate court decision focused on the following MMMA provision:
A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act . . . .
The court held the MMMA did not make medical marijuana users a protected class. It also did not “provide an independent right protecting the medical use of marijuana in all circumstances.”
This is at least the second decision involving failed drug tests, medical marijuana, and the MMMA; both were decided in the employer’s favor.
Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and adult-use (recreational) marijuana in Michigan.
View the Michigan communities that have notified LARA that they have opted out of the Licensed Facilities portion of MRTMA
The Marijuana Regulatory Agency and the Michigan Dept of Agriculture & Rural Development issued joint guidance on CBD (cannabidiol) and industrial hemp.
The Marijuana Regulatory Agency
Recreational marijuana smoking lounges, festivals and home delivery are soon to be allowed in Michigan. They are defined under a set of emergency rules state officials released.
These rules have defined the launch of the recreational cannabis market in Michigan. The release was signed Tuesday by Governor Gretchen Whitmer.
Cities Opting Out
View the unofficial document compiled by Marijuana Regulatory Agency staff for informational purposes only. This is a working document that may be revised. Municipalities which have opted out of the licensed facilities portion of the Michigan Regulation and Taxation of Marihuana Act (MRTMA)
