Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt

Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt

Low-income court defendants across the country have found themselves in a never-ending cycle of fines, jail, probation and debt.

To punish him for high school truancy in 1999, Tennessee officials told him he would not be able to legally drive until he turned 21. He drove anyway, incurring two tickets and racking up more than $1,000 in fines and fees.

Like other low-income defendants in similar situations across the country, Gibbs couldn’t pay and ended up serving jail time and probation. That incurred another cost: a monthly supervision fee to a private probation company.

Rather than risk another arrest, Gibbs, now 38, decided to quit driving, which he said makes it nearly impossible to work. He said he spent several years living in a motel room with his mother, his disabled father and his sister before they all became homeless. In August, the family found housing in a dilapidated trailer, miles from the nearest town or food source.

“Honestly, I feel like I’m being punished for being poor,” Gibbs said.

Charged with a Felony or Misdemeanor? – Contact Komorn Law at 248-357-3550 for a free case evaluation.

For years, state and city officials in the U.S. — unwilling to raise taxes — have steadily increased their reliance on court fines and fees to balance budgets. Poor defendants who can’t pay are jailed, clogging local lockups with people who in many cases have not been convicted of any crime and putting others on a probation that doesn’t end until all debts are erased.

A growing number of legal groups and nonprofit organizations throughout the U.S. are challenging these practices, but they continue — despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines.

Read the rest of the story HERE written by BY TRAVIS LOLLER, Associated Press and featured in the US News and World Report

It also still happens here in Michigan…

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THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN

THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN

Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 

Originally Posted in MLive Here

Emergency rules were released this month by state officials to ensure that they meet a December deadline to launch the industry — or risk losing control. 

The 64-page document includes details for how the recreational marijuana industry will function, and gives a good indication of what interested entrepreneurs should expect in terms of state scrutiny. 

Here are 14 things to know if you’re interested in getting into the recreational marijuana market in Michigan: 

1. You need a state license to do business

A state license is necessary to operate any kind of marijuana business in Michigan. 

Licensing fees start at $4,000 and top out at $40,000, depending on the type of business.

The Marijuana Regulatory Agency controls the entire state licensing process, and oversees both the upcoming recreational and existing medical marijuana markets. It’s housed in the Department of Licensing and Regulatory Affairs. 

Depending on where your business is located, there may be a local license or permit from the municipality that is necessary as well. 

2. There are multiple license types — and they can be combined

Each function of the industry has a different state license type. They can be combined to make one large vertically integrated company.

Here are the license types and a short description of the function of each one: 

-Retailer: brick and mortar storefront sales 

-Class A Grower: up to 100 plants

-Class B Grower: up to 500 plants

-Class C Grower: up to 2,000 plants

-Excess Grower: for companies with at least two medical marijuana grow licenses and up to five Class C recreational licenses that want to operate on a large scale in the recreational market.

-Microbusiness: individuals can grow up to 150 plants, process the material and sell it all at the same location

-Processor: extracting and manufacturing products from marijuana flower like oils, edibles, vape cartridges and more

-Secure Transporter: transportation company that moves products from growers to the lab, to processors and then to retail stores

-Safety Compliance Facility: testing lab to make sure products meet state standards

-Designated Consumption Establishment: a social use lounge or club

There are also additional license types for people who want to host festivals. 

Marijuana flower at Yerba Buena farm, located about an outside of Portland, Oregon, Sept. 18, 2018. (Tanya Moutzalias | MLive.com)

3. License applications can be turned in starting Nov. 1

Officials with the Marijuana Regulatory Agency will begin accepting license applications Nov. 1. 

Once a business turns their license in, the agency has 90 days to turn it around. If applicants don’t respond to officials’ questions or requests for more documentation within five days, their application could be denied.

4. Retail stores will have to be owned by a medical marijuana company at first

Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana provisioning center license will be allowed to apply for a retailer license in the adult-use market. 

That requirement will stay in place until November 2021. 

However, officials have the option to remove that requirement in November 2020 if they deem it necessary.

5. Large-scale growers will have to be owned by a medical marijuana company at first

The same prerequisite licensing requirement is in place for large-scale growers who want a Class B, Class C or an Excess Grow license.

Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana grow license will be allowed to apply for a large-scale grow license in the adult-use market. 

That requirement will stay in place until November 2021. 

However, officials have the option to remove that requirement in November 2020 if they deem it necessary.

6. Processors will have to be owned by a medical marijuana company at first

The same prerequisite licensing requirement is in place for processors.

Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana processing license will be allowed to apply for a processing license in the adult-use market. 

That requirement will stay in place until November 2021. 

However, officials have the option to remove that requirement in November 2020 if they deem it necessary.

If you’re interested in starting a medical marijuana business you will need an attorney – click here to learn more about it regulations, licensing and legal issues. 

7. Transporters will have to be owned by a medical marijuana company at first

The same prerequisite licensing requirement is in place for secure transporting companies.

Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana secure transporter license will be allowed to apply for a secure transporter license in the adult-use market. 

That requirement will stay in place until November 2021. 

However, officials have the option to remove that requirement in November 2020 if they deem it necessary.

8. Only Michigan residents can start a small business at first

Prospective small business owners who want to grow on a small scale with a Class A grow license or start a microbusiness don’t have to hold any medical marijuana license. 

But they do have to be Michigan residents, for the first two years of the program. 

That requirement will stay in place until November 2021. 

However, officials have the option to remove that requirement in November 2020 if they deem it necessary.

9. Lab licenses have no residency requirements

There are no residency requirements or medical marijuana licensing requirements for individuals interested in obtaining a safety compliance facility license — unlike the other license types.

However, the owner of a safety compliance facility — more commonly known as a testing lab — cannot have an ownership interest in any other type of marijuana business.

10. This type of crime will disqualify you

If the business license applicant has previously been convicted for distributing a controlled substance to a minor, they are automatically not eligible for a recreational marijuana business license. 

Additionally, there are other specific situations that would prompt state officials to immediately reject a license application: 

-If the prospective business lies in their application

-If the applicant either works for or consults with the Marijuana Regulatory Agency or LARA 

-If the applicant is an elected government official in Michigan, in another state or in the federal government — or if the applicant is employed by any governmental unit — in Michigan or elsewhere

11. State officials have discretion to deny you a license

State regulators have broad discretion to deny a business license application based on their judgement of the applicant’s background, under the emergency rules. 

Per the rules, regulators are allowed to consider the following: 

-Whether anyone with an ownership stake in the company has “a pattern of convictions involving dishonesty, theft, or fraud that indicate the proposed marihuana establishment is unlikely to be operated with honesty and integrity”

-Whether the applicant has any delinquent taxes 

– Whether the applicant has “a history of noncompliance with any regulatory requirements, all legal judgments, lawsuits, legal proceedings, charges, or government investigations, whether initiated, pending, or concluded, against the applicant, that are related to business operations, including, but not limited to fraud, environmental, food safety, labor, employment, worker’s compensation, discrimination, and tax laws and regulations, in this state or any other jurisdiction”

12. Expect background checks and inspections

State officials will be scrutinizing both the individuals that want to start recreational marijuana businesses, their business plans and the physical facilities involved. 

Understanding who regulators consider to be “applicants” for state licenses is important. 

Though it varies slightly according to how the business is incorporated, the basic definition of an applicant is anyone with more than 10 percent ownership of the company. In some cases, this includes their spouses as well. 

Every applicant will have to undergo a background check, and should expect to submit a year’s worth of tax returns and to disclose criminal and financial background information. 

Additionally, the businesses have to have a physical building and must pass a prelicensure inspection within 60 days of submitting their license application to the state.

13. Be aware of local laws

Cities and townships have the ability to ban recreational marijuana businesses from opening up their doors — and more than 600 have done so at this point. 

Municipalities also have the ability to start local licensing programs for adult-use marijuana businesses — but they don’t have to. 

That means if a city or township hasn’t banned recreational marijuana — and has no local licensing requirements for the industry — businesses only need a state license to operate. 

It’s important to note that even if a city or township has banned medical marijuana businesses, that has little to no impact on the recreational marijuana industry. Even though most of the major adult-use business license types require the applicant to hold a medical marijuana license as well, that doesn’t mean the recreational business has to open up shop at the same location of the medical marijuana business.

14. No proof of capitalization is needed

Prospective businesses don’t have to show state officials proof that they have money available to start their company. 

That’s important to note because medical marijuana business applicants are required to show officials proof of capitalization. In the medical industry, potential businesses have to have from $200,000 to $500,000 in assets in order to be licensed.

Originally Posted in MLive Here – MLive provides many great news articles about Medical and Recreational Marijuana in the State of Michigan. Do a Search.

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Michigan cities opting out of recreational marijuana

Michigan cities opting out of recreational marijuana

Many Michigan cities are opting out of recreational marijuana. Opting out of making money…OK.

Alcona 

  • Greenbush Township
  • Gustin Township
  • Mikado Township

Allegan 

  • Allegan Township
  • Cheshire Township
  • Heath Township
  • Overisel Township
  • Plainwell
  • Saugatuck
  • Trowbridge Township
  • Wayland Township

Alpena

  • Aplena Charter Township
  • Sanborn Township

Antrim

– Bellaire
– Custer Township
– Village of Elk Rapids
– Elk Rapids Township
– Forest Home Township
– Mancelona Township
– Milton Township

Arenac

– Standish
– Whitney Township

Baraga Count

  • Village of L’Anse

Barry County

– Hastings
– Middleville
– Rutland Charter Townshi
– Yankee Springs

Bay County

  • Beaver Township
  • Essexville
  • Hampton Charter Township
  • Merritt Township
  • Mt. Forest Township

Benzie 

  • Almira Township
  • Beulah
  • Frankfort
  • Homestead Township
  • Inland Township

Berrien

– Bridgman
– Chikaming Township
– Coloma
– Lincoln Charter Township
– New Buffalo
– Oronoko Charter Township
– St. Joseph
– Three Oaks Township

Branch 

  • Bronson
  • City of Coldwater
  • Coldwater Township

Calhoun

– Albion
– Eckford Township
– Marengo Township
– Marshall Township
– Newtown Township
– Sheridan Township

Cass 

  • Howard Township
  • Jefferson Township
  • LaGrange Township
  • Marcellus
  • Newberg Township
  • Ontwa Township
  • Penn Township
  • Porter Township
  • Silver Creek Township
  • Volinia Township
  • Wayne Township

Charlevoix 

  • Charlevoix
  • East Jordan
  • Eveline Township
  • Norwood Township
  • South Arm Township

Cheboygan

  • Grant Township
  • Mackinaw City

Chippewa 

  • Sault Ste Marie

Clare

– Clare
– Farwell
– Freeman Township
– Frost Township
– Harrison

Clinton

  • Bengal Township
  • Bingham
  • Dallas Township
  • Essex Township
  • Greenbush Township
  • Olive Township
  • Ovid Township
  • Westphalia Township

Delta

– Ensign Township
– Maple Ridge Township

Dickson

– Breitung Charter Township
– Felch Township
– Norway

Eaton

– Bellevue Township
– Delta Township
– Eaton Rapids
– Grand Ledge
– Vermontville

Emmet

– Bear Creek Township
– Harbor Springs
– McKinley Township
– Pellston
– Petosky
– Springvale Township
– West Traverse Township

Genesee

  • Argentine Township
  • Atlas Township
  • Clio
  • Davison Township
  • Fenton
  • Flushing
  • Flushing Charter Township
  • Gaines
  • Gaines Township
  • Goodrich
  • Grand Blanc
  • Grand Blanc Charter Township
  • Linden
  • Mt. Morris Township
  • Mundy Charter Township
  • Richfield Township
  • Vienna Township

Gladwin

– Beavertown 
– Beaverton Township
– Gladwin

Gogebic

– Bessemer
– Ironwood

Grand Traverse

– Blair Township
– Grant Township
– Long Lake Township

Gratiot

– Alma
– North Shade Township
– North Star Township
– Sumner Township

Hillsdale

– Hillsdale
– Hillsdale Township
Litchfield Township

Houghton

– Hancock

Huron

– Fairhaven Township
– Windsor Township

Ingham

  • Dansville
  • Ingham Township
  • Locke Township
  • Mason
  • Stockbridge
  • Williamston

Ionia

– Odessa Township
– Portland

Iosco

– East Tawas
– Tawas City
– Tawas Township

Iron

– Bates Township
– Caspian

Isabella

– Nottawa Township

Jackson

– Blackman Charter Township
– Columbia Township
– Concord Township
– Springport Township

Kalamazoo

– Brady Township
– Charleston Township
– Cooper Township
– Portage
– Prairie Ronde Township
– Ross Township
– Schoolcard
– Texas Charter Township

Kent

– Ada Township
– Alpine Township
– Byron Township
– Cedar Springs
– Kentwod
– Rockford
– Sparta
– Walker
– Wyoming

Lake

– Pinora Township

Lapeer

– Almont Township
– Columbiaville
– Elba Township
– Lapeer Township
– Northbranch

Leelanau

– Cleveland Township
– Elmwood Charter Township
– Glen Arbor Township
– Leelanau Township
– Solon Township
– Suttons Bay
– Suttons Bay Township

Lenawee

– Adrian Township
– Blissfield
– Cambridge Township
– Clinton
– Dover Township
– Fairfield Township
– Hudson
– Morenci
– Raisin Charter Township
– Tecumseh

Livingston

– Brightong
– Brighton Township
– Conway Township
– Genoa Township
– Green Oak Township
– Hartland Township
– Howell
– Iosco Township
– Marion Township
– Ocelola Township
– Pinckney
– Putnam Township
– Tyrone Township
– Unadilla Township

Luce

– Pentland Township

Mackinac

– Hendricks Township
– St. Ignace

Macomb

– Armada
– Center Line
– Chesterfield Township
– Harrison Township
– Macomb Township
– Memphis
– New Baltimore
– New Haven
– Ray Township
– Richmond
– Richmond Township
– Shelby Township
– St. Clair Shores
– Sterling Heights
– Washington Township

Manistee

– Manistee
– Norman Township

Marquette

– Forsyth Township
– Ishpeming
– Powell Township

Mason

– Custer Township
– Village of Custer
– Grant Township
– Meade Township
– Pere Marquette Charter Township
– Scottville
– Sheridan Township
– Victory Township

Mecosta

– Green Charter Township
– Martiny Township
– Morton Township

Menominee

– Mellen Township
– Stephenson

Midland

– Coleman
– Hope Township
– Ingersoll Township
– Jerome Township
– Midland

Monroe

– Berlin Township
– Frenchtown Township
– Luna Pier
– Monroe
– Raisinville Township
– Whiteford Township

Montcalm

– Carson City
– Day Township
– Eureka Township
– Village of Lakeview
– Montcalm Township
– Sidney Township

Montmorency

– Avery Township
– Hillman Township
– Village of Hillman

Muskegon

– Blue Lake Township
– Casanovia Township
– Montague
– North Muskegon
– Norton Shores
– Whitehall

Newaygo

– Ashland Township
– Fremont
– Newaygo

Oakland

– Addison Township
– Bloomfield Township
– Commerce Township
– Franklin
– Leonard
– Milford
– Northville
– Novi
– Orchard Lake
– Oxford Township
– Wolverine Lake
– Rochester
– Rochester Hills
– West Bloomfield Township
– Wixom

Oceana

– Grant Township
– Rothbury
– Shelby Township

Ogemaw

– Churchill Township

Ontonagon

– Stannard Township

Osceola

– Evart
– Hersey Township
– Reed City

Otsego

– Bagley Township
– Corwith Township
– Gaylord
– Hayes Township
– Otsego Lake Township
– Vanderbilt

Ottawa

– Ferrysburg
– Georgetown Township
– Grand Haven
– Grand Haven Charter Township
– Hart
– Holland
– Holland Township
– Jamestown Township
– Olive Township
– Spring Lake
– Wright Township
– Zeeland

Roscommon

– Gerrish Township
– Higgins Townsihp
– Nester Township
– Roscommon Township

Saginaw

– Birch Run
– Bridgeport Township
– Carrollton Township
– Chesaning Township
– Frankenmuth Township
– Kochville Township
– Richland Township
– Saginaw Township
– Thomas Township
– Tittabawassee Township
– Zilwaukee

Sanilac

– Bridgehampton Township
– Brown City
– Carsonville
– Deckerville
– Elmer Township
– Flynn Township
– Forester Township
– Greenleaf Township
– Lamotte Township
– Maple Valley Township
– Marlette
– Village of Melvin
– Minden Township
– Moore Township
– Port Sanilac
– Sandusky
– Speaker Township
– Washington Township
– Watertown Township

Schoolcraft

– Manistique

Shiawassee

– Morrice
– Perry

St. Clair

– Algonac
– Berlin Township
– Burtchville Township
– Casco Township
– China Township
– Columbus Township
– Ira Township
– Kenockee Township
– Kimball Township
– Marine City
– Port Huron Township
– St. Clair
– St. Clair Township

St. Joseph

– Colon township
– Constantine Township
– Fawn Ribert Township
– Lockport Township
– Mottville Township
– Nottawa Township
– Park Township
– Sherman Township
– Sturgis Township

Tuscola

– Village of Cass City
– Denmark Township
– Gagetown
– Tuscola Township
– Unionville

Van Buren

– Covert Township
– Geneva Township
– Hartford Township
– Keeler Township
– Lawrence Township
– Village of Lawton

Washtenaw

– Chelsea
– Lima Township
– Saline
– Webster Township

Wayne

– Allen Park
– Canton Township
– Dearborn
– Flat Rock
– Grosse Pointe
– Grosse Pointe Park
– Grosse Pointe Shores
– Grosse Pointe Woods
– Harper Woods
– Livonia
– Northville Charter Township
– Plymouth
– Plymouth Charter Township
– Riverview
– Sumpter Township
– Van Buren Township
– Woodhaven
– Wyandotte

Wexord

– Clam Lake Township
– Colfax Township
– Springville Township

MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES.

MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES.

Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 

Here are some FAQs

Can one buy recreational marijuana in Michigan now?

Recreational Retail Sales are still months away but you can still grow and gift your own. You cannot sell it.

On November 1, 2019, the Marijuana Regulatory Agency will start accepting business license applications and are required to start approving business licenses by December 6, 2019. 

Can I buy marijuana once businesses are approved?

Licensed businesses will allow adults 21 years of age and older to buy or consume marijuana products on the premises depending on the license type. The sale of food or alcohol at those businesses will not be permitted. 

Adult-use home delivery will also be an option  

Will I be able to buy Marijuana in my area?

It all depends if your municipality has opted in or out of the program.  Municipalities are required to opt in or out by November to allow or not allow businesses in their communities and zone areas for specific use.

Many communities have already opted out.

What if I’m already a medical cardholder but want to have an adult-use license? 

You can apply for an adult-use license. And better yet, your application may be expedited if there are not any changes in ownership. 

All adult-use applicants are required to submit a social equity plan. This will detail a strategy to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities.

Are there benefits to having an adult-use license over being a medical cardholder?

With an adult-use license, it’s easier to start a recreational-use marijuana business than a medical marijuana business. There are no capitalization requirements for adult-use licenses and fewer financial documents are requested from applicants. Additionally, the cost difference in licensing fees for recreational businesses is significantly lower of that for medical businesses. 

Related

20 FAQs About Adult Recreation Use of Marijuana

Adult Recreational Use Laws

Michigan Adult Recreational Penalty Chart

Michigan Regulatory Agency Emergency Rules For Adult Recreational

How Did Your County Vote To Legalize Marijuana in 2018?

Interactive Map of Medical Marijuana Businesses in Michigan

Communities Already Opting Out of Rec Marijuana Business Opportunities

House Votes To Block Feds From Enforcing Marijuana Laws

House Votes To Block Feds From Enforcing Marijuana Laws

July 2019

The House of Representatives approved a measure to prevent the DOJ from interfering with individual state marijuana laws, including those allowing recreational use, cultivation and sales.

The amendment, would also shield cannabis laws in Washington, D.C. and U.S. territories, is attached to a large-scale appropriations bill to fund parts of the federal government for Fiscal Year 2020.

The inclusion of adult-use programs represents a significant expansion of an existing policy that protects only local medical cannabis laws from federal intervention which was first enacted in 2014.

The expansive attachment was approved in a floor vote of 267 to 165.  The tally is considered by legalization supporters to be an signal of the depth of support there is in Congress for a more comprehensive change to federal marijuana policies.

“This is the most significant vote on marijuana reform policy that the House of Representatives has ever taken,” said NORML Political Director Justin Strekal. “Today’s action by Congress highlights the growing power of the marijuana law reform movement and the increasing awareness by political leaders that the policy of prohibition and criminalization has failed.”

“The historic nature of this vote cannot be overstated,” he said. “For the first time, a chamber of Congress has declared that the federal government should defer to state cannabis laws.”

The measure, sponsored by Reps. Earl Blumenauer (D-OR), Eleanor Holmes Norton (D-DC) and Tom McClintock (R-CA), would bar the Department of Justice from spending money to prevent states and territories from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana.

“We’re watching the growth of this industry, a multibillion-dollar industry. We’re watching state after state move forward,” Blumenauer said in a floor debate on the state protection amendment on Wednesday evening. “Every one of us on the floor of the House who are here now represent areas that have taken action. We have had embedded in our legislation protections for medical marijuana. And this would simply extend that same protection to prevent the Department of Justice interfering with adult use. I strongly, strongly urge that we build on the legacy that we’ve had in the past, that we move this forward to allow the federal government to start catching up to where the rest of the states are.”

House Democratic leadership urged their conference to support the measure in a whip email on Thursday, and only eight members of the party voted against it.

Lobbying For The Whole Pie

The passage of the state protection amendment comes despite congressional offices receiving an 11th-hour email saying Greenwich Biosciences, maker of the Food and Drug Administration (FDA)-approved CBD-based medication Epidiolex, wanted lawmakers to defeat it.

Earlier on Thursday, the House approved an amendment from Rep. Jerry McNerney (D-CA) that directs the Food and Drug Administration to establish a process for regulating CBD in foods and dietary supplements.

Yes/No

Another measure passed in a voice vote, from Rep. Alexandria Ocasio-Cortez (D-NY), shifts $5 million away from the Drug Enforcement Administration toward an opioid treatment program.

Another Ocasio-Cortez amendment aimed at removing barriers to research on psychedelic drugs such as psilocybin and MDMA (ecstasy) was soundly defeated on the House floor last week.

The House is set to consider another amendment on the spending legislation in the coming days that would allow military veterans to receive medical marijuana recommendations from Department of Veterans Affairs doctors.

Make Laws-Make Money

Another bill maneuvering through the House contains language to protect banks working with state-legal cannabis businesses and removes a longstanding rider that has prevented Washington, D.C. from spending its own local tax dollars to legalize and regulate marijuana sales.

A safe marijuana banking bill was cleared by the Financial Services Committee and is expected to receive a floor vote.

The Veterans’ Affairs Committee held a hearing on four separate pieces of legislation concerning cannabis and military veterans on Thursday. And the Small Business Committee hosted a Wednesday hearing on issues facing cannabis firms, with the panel’s chairwoman announcing she would soon file a bill on the issue.

Summary: H.R.3055 — 116th Congress (2019-2020)

https://www.congress.gov/bill/116th-congress/house-bill/3055