Right now smoking medical cannabis prevents people from benefiting from federal housing.
The “Marijuana in Federally Assisted Housing Parity Act of 2018” introduced by Rep. Eleanor Holmes Norton (D-D.C.) will protect people who use medical marijuana.
It’s an ambitious bill prompted by a D.C. resident’s need for cannabis medication who lives in federally assisted housing.
Currently no matter the state law using cannabis products blocks someone from benefiting from federal housing which in many cases means the difference between the streets and a home.
The D.C. resident’s name is Sondra Battle and Rep. Homes Norton is calling the Bill, “Sondra Battle Cannabis Fair Use Act.” Clearly, the Representative is greatly moved by Battle’s story and sees the healing benefits of cannabis as big enough to supersede Federal law in states that already allow for medical or recreational marijuana.
Rep. Holmes Norton declared, “Residents like Sondra should not fear eviction from federally assisted housing simply for using cannabis to treat their medical conditions.”
Latest Action:Senate – 08/01/2017 Read twice and referred to the Committee on the Judiciary. (All Actions)
Shown Here:
Introduced in Senate (08/01/2017)
Marijuana Justice Act of 2017
This bill amends the Controlled Substances Act:
to remove marijuana and tetrahydrocannabinols from schedule I; and
to eliminate criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana.
It prohibits and reduces certain federal funds for a state without a statute legalizing marijuana, if the Bureau of Justice Assistance determines that such a state has a disproportionate arrest rate or disproportionate incarceration rate for marijuana offenses.
The bill directs federal courts to expunge convictions for marijuana use or possession.
Finally, it establishes in the Treasury the Community Reinvestment Fund. Amounts in the fund may be used by the Department of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs.
The Michigan Medical Marihuana Licensing system is evolving into a confusing, mind-blowing regulatory nightmare.
Medical marijuana has been legal in this state for 10 years, and the Medical Marihuana Facilities Licensing Act was passed in September 2016. Now, consider that, after all that time, in a couple of weeks (on June 15), according to the Bureau of Medical Marihuana Regulation (BMMR), any currently operating marijuana facility must have a state license in order to legally stay open.
That’s fine, except the state hasn’t given out any licenses as of this writing.
According to David Harns, public information officer with the state Bureau of Licensing and Regulatory Affairs (LARA), “We expect to be handing out licenses within the next few weeks. Most likely at the June 11 meeting [of the Medical Marihuana Licensing Board].”
Talk about running things up until the last minute!
The BMMR — could this be an acronym for bummer? — created this whole scenario by setting the deadlines and setting up an application process that is so cumbersome to all involved that none of this can get done by the self-imposed deadline.
That means dispensaries, provisioning centers, or whatever you want to call them, may or may not have licenses to operate come June 15. Not only that, any licenses handed out may go to facilities that are not currently open. That would create a huge gap in service to patients while newly licensed facilities ramp up their operations.
If the state were interested in patients having uninterrupted access to medication, it might make sense to move the deadline back a little. After all, it is the BMMR that set up a bureaucracy involving so much red tape that it was impossible for applications to be processed in the allotted time.
According to Harns, the deadline is not moving. And that’s where the real mind-fuck kicks in. Harns says that if already operating facilities are showing a “good faith” effort to become licensed, they don’t need to worry about LARA. A recent advisory from LARA read: “While the ultimate licensure decision is made by the Medical Marihuana Licensing Board, LARA does not currently intend to issue cease and desist letters, or refer to law enforcement” marijuana stores that continue to operate past the deadline.
LARA’s decision not to go after unlicensed stores that are making a good faith effort to become licensed is sensible; it’s like moving the deadline back — by not enforcing it.
But then LARA points out that LARA is not making the decision about who gets licenses. So if you decide to continue operating, the Licensing Board might hold it against you.
“The Licensing Board has ultimate authority,” Harns says. “They may choose to consider unlicensed activity when looking at the licensing criteria.”
Basically LARA is saying that there’s a deadline, but if you don’t adhere to it, we don’t care, but those other people over there who actually make the decision on whether you get a license might care — or they might not.
That’s a hell of an advisory.
Not only is that a confusing pile of hooey, it sets up the possibility for unequal application of the rules. If the Licensing Board can choose to consider that in one case and not in another, then that sets up legal challenges that will last forever. If they couldn’t decide if “unlicensed activity” counts against an applicant after all this time, then the consideration should be thrown out the window.
Even at this late juncture, Harns threw out a lot of “the board may do this” or “the board may do that” scenarios, finishing with, “Those are a lot of mays. I can’t speak definitively for those board members.”
That’s a lot of uncertainty for everybody concerned, especially patients. For instance, once growing licenses get handed out, it is a fact of nature that it takes several months to grow a plant to maturity. Add on some time for transporting and processing and inspecting, and it means that it will probably be 2019 before this whole thing really gets rolling.
Harns points to the caregiver system to keep patients supplied. “That has not changed at all,” he says.
That’s nice. But, first of all, there are a lot of people who thought they were going to grow their own marijuana who have thrown in the towel because getting consistent results and maintaining a constant supply is harder than they thought it would be. Second, anyone that needs oil for seizures or cancer treatments depends on a much more sophisticated process than the average caregiver can handle. And, third, this stuff has been legal here for a decade, dude — get it together and roll out the system!
The whole thing stinks of a state government that has not made a good faith effort to make this system work and won’t move forward without watchdogs nipping at their heels. It’s taken an army of activists and lawyers to get things to this point.
It also seems that it’s going to get uglier before it gets better, as we see who will actually get licenses and who will get their dreams smashed on the rocks.
CBD is marijuana
CBD (cannabidiol), one of the many compounds in marijuana, has developed a high profile the past several years due to its usefulness in reducing seizures for epilepsy patients. It’s been marketed by some companies as legal, because it’s extracted from hemp, the strain of cannabis used to make textiles and other products. It’s also been embraced as “the part of marijuana that doesn’t get you high.”
On May 11, LARA put out an advisory that erased any doubt you may have about our state government’s attitude toward CBD. In part, the advisory read: “The possession, purchase, or sale of marihuana or any marihuana product — including CBD — must be done in compliance with the MMMA and MMFLA.”
Bills that were signed into law… among more than 100 bills signed by Gov. Rick Snyder and Lt. Gov. Brian Calley in the final six weeks of 2017
PA 168 (SB 415): Require retail gas stations to have safety measures to guard against credit card skimmers. Sponsor: Sen. Wayne Schmidt, R-Traverse City.
PA 169 (SB 107): Modify the inspection procedures for housing units and require landlords to notify tenants on when inspections are going to occur. Sponsor: Sen. Rick Jones, R-Grand Ledge.
PA 170 (SB 120): Revise the maximum length guidelines for truck trailer transporters. Sponsor: Sen. Tom Casperson, R-Escanaba.
PA 171 (SB 238): Allow lending institutions to pay referral fees of up to $500 to refer potential borrowers to the institution. Sponsor: Sen. Darwin Booher, R-Evart.
PA 172 (SB 286) : Require the Michigan Department of Licensing and Regulatory Affairs to administer training for certified nurse aides. Sponsor: Sen. Hoon-Yung Hopgood, D-Taylor.
PA 173 (SB 278): Allow Michigan to join the Interstate Library Compact so that the state can enter into agreements for all services provided by libraries in bordering states. Sponsor: Sen. John Proos, R-St. Joseph.
PA 174 (SB 381): Allow warrants on charges of failing to appear in court to be served by first class mail or e-mail. Sponsor: Sen. Rick Jones, R-Grand Ledge.
PA 175 (SB 520): Create a fee for subscription services for the secured transactions that are filed with the Michigan Department of State. Sponsor: Sen. Darwin Booher, R-Evart.
PA 176-188 (SB 553-557 and 562-565) Update the laws and references to the Michigan History Center in existing statute. Sponsors: Sens. Wayne Schmidt, R-Traverse City and Mike Green, R-Mayville.
PA 189 (HB 4285): Specify that a person is not liable for unpaid property taxes unless the person owned the property when the tax was due. Sponsor: Rep. Peter Lucido, R-Shelby Township.
PA 190 (SB 509): Designate a portion of M-52 in Ingham County as the Deputy Grant Whitaker Memorial Highway. The Ingham County sheriff’s deputy was killed in 2017 when his vehicle crashed during a pursuit of a suspect. Sponsor: Sen. Curtis Hertel, D-East Lansing.
PA 191 (HB 4065): Allow individuals with prior felony convictions to pursue a job with the Michigan Department of Corrections. Sponsor: Dave Pagel, R-Berrien Springs.
PA 192 (HB 4208): Amend election law to ensure that a member of the House of Representatives or Senate who resigns or is removed from office can seek election to finish that term of office. Sponsor: Rep. Aaron Miller, R-Sturgis.
PA 193 (HB 4716): Allows for the termination of parental rights for a parent who knowingly performs female genital mutilation on a child or transports the child for the procedure. Sponsor: Rep. Peter Lucido, R-Shelby Township.
PA 194-195 (HB 4355 and SB 275): Prohibit law enforcement officers from having sex with prostitutes while they’re conducting undercover investigations. Sponsors: Rep. Gary Glenn, R-Williams Township, Sen. Judy Emmons, R-Sheridan.
PA 196 (SB 342): Modify the language requirements that need to be included in a deed to transfer a parcel of land. Sponsor: Sen. John Proos, R-St. Joseph.
PA 197 (SB 385): Remove the regulations that restrict collection agencies from hiring attorneys and sharing office space. Sponsor: Sen. Jim Stamas, R-Midland.
PA 198 (SB 524): Require fingerprinting and background checks for all applicants to law enforcement academies. Sponsor: Sen. Rick Jones, R-Grand Ledge.
PA 199 (SB 552): Extend the current fee structure for off road vehicle licenses and trail permit fees. Sponsor: Sen. Goeff Hansen, R-Hart.
PA 200 (HB 4802): Create a process for couples who asked probate judges to keep their marriage licenses private to have those licenses unsealed. Sponsor: Rep. Triston Cole, R-Mancelona.
PA 201 (HB 4320): Provide a supplemental budget appropriation of $23.2 million to deal with water contaminated with PFAS or per- and polyfluoroalkyl substances. Sponsor: Rep. Laura Cox, R-Livonia.
PA 202-214 (SB 686, 688 and 691-699 and HB 5301, 5304, 5306, 5308, 5310 and 5313): Address unfunded health care and pension liabilities in local governments by requiring more frequent and detailed reporting to the state of retiree benefit plans in cities, townships, villages and counties. Sponsors: Sens. Jim Stamas, R-Midland, Dave Hildenbrand, R-Lowell, Phil Pavlov, R-St. Clair, Mike Shirkey, R-Clarklake and Reps. Gary Glenn, R-Williams Township, Kathy Crawford, R-Novi, Eric Leutheuser, R-Hillsdale, Gary Howell, R-North Branch, James Lower, R-Cedar Lake, Rob VerHeulen, R-Walker.
PA 215 (HB 4976): Create a framework for alternative dispute resolution that taxpayers or the Department of Treasury may initiate to avoid more costly litigation. Sponsor: Rep. Jim Tedder, R-Clarkston.
PA 216 (HB 4502): Exempt self-insured workers’ compensation groups from the Corporate Income Tax. Sponsor: Rep. James Lower, R-Cedar Lake.
PA 217 (HB 4420): Allow for the extension of the completion date for brownfield development projects that are getting tax credits. Sponsor: Rep. Jim Tedder, R-Clarkston.
PA 218-221 (HB 5165, 5173 and SB 566-567): Provide use and sales tax exemptions for the sale of dental prosthetics. Sponsors: Reps. Bronna Kahle, R-Adrian, Julie Alexander, R-Hanover and Sen. Dale Zorn, R-Ida.
PA 222-223 (SB 631 and 673): Modify the configuration of a nonprofit dental care corporation’s board of directors and billing and payment requirements. Sponsors: Sens. Mike Shirkey, R-Clarklake and Joe Hune, R-Gregory.
PA 224 (SB 649): Allow the Michigan Department of Health and Human Services to begin three pilot programs to integrate physical and behavioral health services. Sponsor: Sen. Mike Shirkey, R-Clarklake.
PA 225-232 (HB 5165-5172): Change the way the Unemployment Insurance Agency flags and treats suspected cases of fraud to ensure there is no repeat of a scandal in which thousands of unemployment benefit recipients were wrongly accused of getting benefits fraudulently. fraudulent. Sponsors: Reps. Joe Graves, R-Linden, Kevin Hertel, D-St. Clair Shores, Wendell Byrd, D-Detroit, Diana Farrington, R-Utica, Beau LaFave, R-Iron Mountain, Joe Bellino, R-Monroe, Martin Howrylak, R-Troy.
PA 233 (HB 4054): Allow school buses to be equipped with additional flashing signs. Sponsor: Rep. Holly Huges, R-White River Township.
PA 234 (HB 4907): Allow commercial vehicles to purchase fundraising license plates. Sponsor: Rep. Roger Victory, R-Hudsonville.
PA 235 (SB 630): Change the minor in possession first offense from a misdemeanor to a civil infraction. Sponsor: Sen. Rick Jones, R-Grand Ledge.
PA 236 (SB 478): Lower the number of unpaid parking tickets from six to three that a driver can accrue before having their driver’s license held when they go to renew it. Sponsor: Sen. David Hildenbrand. R-Lowell.
PA 237 (SB 480): Designate a portion of I-96 as the Mitchel A. Kiefer Foundation for Distracted Driver Awareness Highway. Kiefer was killed in a car accident caused by a distracted driver in 2016. Sponsor: Sen. Mike Kowall, R-White Lake.
PA 238 (SB 575): Delay the implementation date for fee increases on motorcycle endorsements and registration fees until Feb. 19, 2019. Sponsor: Sen. Tom Casperson, R-Escanaba.
PA 239 (HB 4207): Expand the definition property eligible for community revitalization incentives to include grocery stores. Sponsor: Rep. Andy Schor, D-Lansing.
PA 240 (HB 4807): Codify Michigan State Police oversight of rates, fares, charges and tariffs on carriers of water between states. Sponsor: Rep. Dan Lauwers, R-Brockway.
PA 241 (SB 44): Add several crimes to the list from which a court may order a defendant to reimburse law enforcement costs. Sponsor: Sen. Goeff Hansen, R-Hart.
PA 242 (SB 375): Expand the list of energy projects eligible for special financing. Sponsor: Sen. Darwin Booher, R-Evart.
PA 243-245 (SB 483, 485-486): Amend the rules associated with employing junior hockey players. Sponsor: Sens. Ken Horn, R-Frankenmuth, Jim Stamas, R-Midland, Jim Ananich, R-Flint.
PA 248-255 (SB 47, 166-167, 270, 273-274 and HB 4403, 4406-4408): Require prescribers to check a patient’s prescription history before providing controlled substances to the patient. Sponsors: Sens. Tonya Schuitmaker, R-Lawton, Steve Bieda, D-Warren, Rick Jones, R-Grad Ledge, Marty Knollenberg, R-Troy, Dale Zorn, R-Ida and Reps. Joseph Bellino, R-Monroe, Andy Schor, D-Lansing, Beth Griffin, R-Paw Paw.
PA 256-259 (SB 180-183): Update licensing provisions for child care facilities to meet new federal standards. Sponsors: Sens. Tonya Schuitmaker, R-Lawton, Dave Hildenbrand, R-Lowell, Hoon-Yung Hopgood, D-Taylor.
PA 260 (HB 5126): Clarify that restraint and seclusion policies in public schools do not apply to law enforcement. Sponsor: Rep. Daniela Garcia, R-Holland.
PA 261-264 (SB 570-573): Provide deadline flexibility for companies applying for and receiving personal property tax exemptions. Sponsors: Sens. Dave Hildenbrand, R-Lowell, Jack Brandenburg, R-Harrison Township, Dave Robertson, R-Grand Blanc, John Proos, R-St. Joseph.
PA 265-267 (SB 72-73 and 220): Update parole eligibility requirements related to habitual drug offenses by eliminating outdated life-without-parole sentences for non-violent offenses. Sponsor: Sen. Steve Bieda, D-Warren.
The Republican tax reform bill currently being debated in the U.S. Senate may end up including a repeal of 280E for state-licensed marijuana companies if a last-minute bipartisan amendment makes it into the legislation.
The amendment – offered by Republican U.S. Sen. Cory Gardner of Colorado – would essentially exempt cannabis companies from 280E as long as they’re in full compliance with state laws.
It’s a version of the Small Business Tax Equity Act, which was originally sponsored in the House by Florida Republican Carlos Curbelo and in the Senate by Oregon Democrat Ron Wyden.
The 280E provision of the federal tax code has long been the financial bane of marijuana companies that have been trying to play by the rules while also turning a profit.
The provision prevents MJ companies from taking standard federal tax deductions that are allowed for every other legal industry, so cannabis businesses typically end up paying a 70%-90% federal tax rate.
A number of pro-marijuana industry groups were hard at work Thursday lobbying senators to support the amendment, as the upper chamber went into what will likely be the final days of debate on the tax bill before a final vote.
“To help this amendment succeed, senators need to hear from you!” the National Cannabis Industry Association (NCIA) wrote in an email blast to its members.
Neal Levine, chairman of the marijuana industry organization the New Federalism Fund – which has been working almost exclusively on a 280E repeal for the MJ industry – said the amendment “has a real chance to pass,” in large part because of bipartisan support from members of Congress.
By contrast, NCIA’s director of government relations, Michael Correia, said he was “hopeful” about the amendment’s chance and said it would be a heavy lift politically to get enough votes.
“It’ll be a challenge to see if we can get 51 senators to support this,” Correia said.
Americans for Tax Reform, headed by the conservative anti-tax crusader Grover Norquist, is also throwing its support behind Gardner’s amendment and is lobbying senators to back the measure, sources told Marijuana Business Daily.
