medical marijuana

New bill could be bad news for medical marijuana patients

Stateside Staff — Tue, 04 Jun 2013 21:43:53 +0000

State lawmakers are considering a bill that would allow suspicion-based drug testing as a condition of welfare in Michigan. People on cash assistance could lose their benefits if they test positive for an illegal substance.

As Michigan Public Radio’s Jake Neher reported, it’s not clear how the bill would affect medical marijuana patients.

To listen to the full story, click the audio above.

Stateside for Tuesday, June 4th, 2013

Stateside Staff — Tue, 04 Jun 2013 21:22:22 +0000

A group of Democratic Senators in Lansing have proposed a package of bills dealing with marriage equality. We spoke with state Senator Rebekah Warren about why she thinks now is the time to bring up these measures.

And, the library you may have grown up with is changing. We took a look at the new technologies changing the way we access information and what that means for the future of libraries in Michigan.

Also, Michigan gas prices are now the second-highest in the country. Patrick DeHaan, a Senior Petroleum Analyst, spoke with us about how this happened.

First on the show, state lawmakers are considering a bill that would allow suspicion-based drug testing as a condition of welfare in Michigan. People on cash assistance could lose their benefits if they test positive for an illegal substance.

As Michigan Public Radio’s Jake Neher reported, it’s not clear how the bill would affect medical marijuana patients.

The difficulties of setting a legal limit for high driving in Michigan

Michigan Radio Newsroom — Thu, 23 May 2013 15:45:17 +0000

On Tuesday, the Michigan Supreme Court ruled that medical marijuana patients are not automatically breaking the law if caught driving after using marijuana.

Passed in 2008 by Michigan voters, the state’s Medical Marihuana Act does prohibit patients from operating a motor vehicle while under the influence of pot.

But the law fails to explicitly say just how much THC, marijuana’s active ingredient, needs to be in the bloodstream for a user to be considered “under the influence.”

Which is why the justices offered this piece of advice to lawmakers: Set a legal limit for pot consumption, just like the blood alcohol content metric for alcohol intoxication.

The downsides to legalizing marijuana

Keith Oppenheim — Mon, 06 May 2013 14:59:16 +0000

This week, police in Grand Rapids began a pilot program to treat marijuana possession as a civil infraction. This comes six months after voters approved an amendment to decriminalize pot.

In Michigan, if you've got an aching back or live in Grand Rapids or Ann Arbor, there’s less reason to feel like marijuana will get you into trouble.

For better or worse, pot is gaining acceptance. Our state is one of 20 in the U.S. where marijuana is either OK for medical use or decriminalized. In Washington state and Colorado, recreational use is legal. Increasingly, there are American communities like Grand Rapids where voters don’t want to spend time and money prosecuting offenders caught with a bag of weed.

Sorting out the confusion over local marijuana laws, Ann Arbor's experience

Mark Brush — Fri, 03 May 2013 15:10:04 +0000

It starts this week in Grand Rapids.

As of May 1^st, 2013, if you celebrate 4:20, you’re less likely to get jail time.

Instead, you’re subject to a $25 fine for your first offense ($50 for your second, and $100 for three or more).

WKZO reports Grand Rapids police have issued tickets already:

The first tickets were issued Wednesday when the voter-approved ordinance took effect. The first one went to a 28-year-old man from the northwest side of Grand Rapids, who was cited around 3 a.m. Wednesday.

The marijuana law in Grand Rapids mirrors the one in Ann Arbor.

The only difference is “selling marijuana” is not listed as a potential civil infraction in Grand Rapids as it is in Ann Arbor (organizers felt Grand Rapids voters wouldn’t be THAT lax).

Michigan Supreme Court to consider medical marijuana ban

The Associated Press — Thu, 04 Apr 2013 21:25:42 +0000

The Michigan Supreme Court says it will consider the legality of a city's zoning ordinance that prohibits the use, manufacture or cultivation of medical marijuana.

The court issued an order Wednesday agreeing to hear an appeal filed by the city of Wyoming in the Grand Rapids area. Justices want to know if the zoning ordinance is superseded by Michigan's 2008 voter-approved medical marijuana law.

Significantly, the court also plans to consider if the state law is pre-empted by a federal law that makes marijuana use illegal.

In this morning's news: Marijuana ban in court, right to work lawsuit, public defenders

Michigan Radio Newsroom — Thu, 04 Apr 2013 13:22:59 +0000

Michigan Supreme Court to consider city ban on medical marijuana

The Michigan Supreme Court will consider the legality of a zoning ordinance that prohibits the use, manufacture or cultivation of medical marijuana in the city of Wyoming.

“Justices want to know if the zoning ordinance is superseded by Michigan's 2008 voter-approved medical marijuana law,” according to the Associated Press.

Right to work lawsuit allowed to move forward

“An Ingham County judge says a lawsuit seeking to repeal the state’s new right-to-work law can proceed. The suit says the Legislature violated the Open Meetings Act when it closed the Capitol as the bills were debated,” Jake Neher reports.

Lawsuit over criminal defense system proceeds

The Michigan Court of Appeals will allow a long-running lawsuit challenging the system of appointing lawyers for poor criminal defendants to continue.

“In a 2-1 decision released Wednesday, the court says a lower judge was okay to reject the state's contention that the case shouldn't be granted class-action status. The suit says the rights of poor people have been violated because of the paltry pay for court-appointed lawyers,” the Associated Press reports.

A closer look at two new state laws

Stateside Staff — Wed, 03 Apr 2013 19:47:09 +0000

Two laws took effect this week in Michigan, one concerning abortion and the other concerning marijuana. The state Legislature passed the controversial bills in a frenzy of activity last December.

Let's start with the new bill concerning abortion.

Chad Livingood is the Lansing reporter for the Detroit News and Chris Gautz is the Capitol correspondent for Crain's Detroit Business.

They outlined the new law for us, which regulates abortion clinics that provide surgical abortions.

In this morning's news: Right to work, medical marijuana changes, Wolverines in Final Four

Emily Fox — Mon, 01 Apr 2013 11:03:53 +0000

Michiganders evenly divided over right-to-work law

"A Michigan State University poll finds state residents about evenly divided over whether the new right-to-work law will help or hurt the economy. 43 percent of those polled say the law will help Michigan's economy, while 41 percent say it will hurt," the Associated Press reports.

Medical marijuana law changes begin today

More changes to Michigan's medical marijuana law goes into effect today. As the Associated Press reports,

"The measures define the type of doctor-patient relationship that is needed before medical marijuana use can be certified. For example, a doctor must complete a face-to-face evaluation of the patient. . . Among the many other changes is that state-issued cards given to people who have a doctor's endorsement for medical-marijuana use will be good for two years instead of one."

University of Michigan makes Final Four

The University of Michigan will move on to the Final Four in NCAA basketball. Michigan beat the University of Florida 79-59. The U of M will play Syracuse University Saturday in the national semi-final.

Changes to Michigan's medical marijuana law kick in Monday

The Associated Press and Lindsey Smith — Sun, 31 Mar 2013 17:53:00 +0000

The changes affect doctors, 131,000 medical marijuana patients and 27,000 caregivers, who grow the drug for patients.

These new changes were passed during the state legislature's lame-duck session last year. A super majority in the legislature approved the changes that affect the Medical Marijuana Act voters approved in 2008.

Changes for patients

Patients will have to prove they live in Michigan. They can do that through state ID, driver’s license, or voter’s registration card. Their medical marijuana cards will be good for two years instead of one.

Rapper sparks up a deal with medical marijuana dispensary in Flint

Michigan Radio Newsroom — Wed, 20 Mar 2013 17:17:25 +0000

A Michigan medical marijuana facility is partnering with a member of the Grammy-winning rap group Bone Thugs-N-Harmony to cultivate and distribute a new strain of medical marijuana.

The Flint-based medical marijuana dispensary "The Green Oasis" and Stanley "Flesh-N-Bone" Howse say their new strain, "Phifty Caliber Kush," has a noticeable floral taste and is an effective pain reliever.

The Flint Journal's Gary Ridley broke the story and has covered this unique agreement between the rapper and Flint-area dispensary over the last few days.

The Flint-area dispensary's owner, Anthony Butler, calls the new pot strain "the best of the best."

Medical marijuana patients say they can't wait for new rules to be written in Michigan

Steve Carmody — Fri, 08 Mar 2013 21:01:36 +0000

More than a hundred medical marijuana patients and their supporters turned out for a rally in Jackson today. They’re concerned that legal wrangling is getting in the way of patient care.

A month ago, the Michigan Supreme Court ruled that medical marijuana dispensaries are illegal.

The court's decision came in a case out of Mt. Pleasant.

In this morning's news: Detroit's financial review, sex offender bill and medical marijuana

Emily Fox — Wed, 20 Feb 2013 12:15:32 +0000

Detroit closer to a state takeover

"A state takeover of Detroit has edged closer to reality, as a financial review team formally determined the city is in a fiscal crisis with no workable plan to dig out of it. State Treasurer Andy Dillon led the review. He says a 10-month-old consent agreement between the state and the city is not working," Rick Pluta reports.

State House approves bill to add more people to sex offender registry

"People convicted of crimes such as possessing child pornography and indecent exposure might soon be added to the state’s public sex offender registry. Lawmakers in the state House yesterday voted overwhelmingly in favor of the legislation," Jake Neher reports.

Bill would legalize medical marijuana distribution centers

A bill was introduced in the state House to legalize medical marijuana distribution centers in the State. This comes after the state Supreme Court recently ruled that the dispensaries violate the medical marijuana law and are illegal. As the Detroit Free Press reports,

House Bill 4271 -- titled the Medical Marijuana Provisioning Center Regulation Act -- would let communities decide whether to allow such centers and where they could be located.

Stateside: Representative Mike Callton talks about the 'dispensaries bill'

Stateside Staff — Tue, 19 Feb 2013 20:28:04 +0000

The following is a summary of a previously recorded interview. To hear the complete segment, click the audio above.

Earlier this month, the State Supreme Court handed down a ruling that is being interpreted as making medical marijuana dispensaries illegal.

That February 8 ruling has marijuana users and the dispensaries essentially going "underground," relying on word of mouth.

Now comes a new chapter in Michigan's Medical Marijuana story.

State Representative Mike Callton, a Republican from Nashville in Southwest Michigan is sponsoring a bill that would let local communities decide whether or not to allow medical marijuana dispensaries.

His House Bill 4271 is being called "The dispensing bill".

State Representative Mike Callton joined us over the phone to tell us more about the bill and why he is supporting it.

State lawmaker proposes medical marijuana dispensaries

Rick Pluta — Fri, 15 Feb 2013 15:46:18 +0000

A Republican state lawmaker has introduced legislation to allow medical marijuana dispensaries in Michigan.

The Michigan Supreme Court has ruled the state’s medical marijuana law does not allow dispensaries.

State Representative Mike Callton says that’s a hole in the law that needs to be fixed because it creates an unfair hardship on terminally ill people.

“The problem”, he said, “if there’s 126,000 patients in Michigan right now, and only one in three has a caregiver. So the Supreme Court ruling, by taking out the dispensaries, and I can see that it wasn’t in the law, it either leaves patients without caregivers to either go underground or go without.”

“This cancer patient, this AIDS patient should be able to go right to a provisionary center – which my bill is creating – and get that prescription filled right away, get rid of that nausea, get that appetite back, keep that weight up, and have that quality of life even though you’re dying,” said Callton.

Callton says his bill would also reduce the illegal sale of marijuana because people who grow more than they need could provide it to other patients through a dispensary.

The legislation would allow local governments to outlaw dispensaries.

Similar legislation failed to win approval last year, but Callton says legislators from both parties seem to be more accepting of the idea in this term.

The medical marijuana law was adopted overwhelmingly by voters in 2008.

TIMELINE: A short history of Michigan's medical marijuana law

Mark Brush — Tue, 12 Feb 2013 20:43:40 +0000

Since Michigan voters first passed the state's medical marijuana law back in 2008, there has been a lot of confusion and a lot of legal battles over just how to implement it.

During one court battle in 2010, Michigan Court of Appeals Judge Peter J. O'Connell wrote this:

Bill coming to legalize medical-pot dispensaries in Michigan

The Associated Press — Sat, 09 Feb 2013 15:37:00 +0000

LANSING, Mich. (AP) - A Michigan lawmaker plans to quickly introduce a bill to legalize medical-marijuana shops after the state Supreme Court said they're not allowed under a 2008 law.

Republican Representative Mike Callton of Nashville, Michigan says he's concerned cancer patients and others won't have access to the drug without dispensaries.

He says many of the state's 125,000 medical-marijuana users can't grow their own and there aren't enough caregivers to grow it for them. Callton says patients will be forced to go underground to find pot.

Michigan Supreme Court: Medical-pot dispensaries not allowed

Mark Brush and The Associated Press — Fri, 08 Feb 2013 21:51:09 +0000

Ever since Michigan voters approved the use of medical marijuana in 2008, confusion over how to implement the practice has reigned.

In one of the most significant rulings to date, the Michigan Supreme Court ruled today that medical marijuana dispensaries can be shut down as a public nuisance.

Update 4:51 p.m.

MPRN's Jake Neher spoke with Michael Komorn of the Michigan Medical Marijuana Association.

Komorn said the ruling is a setback, but that it will be up to local communities to shut down medical marijuana dispensaries.

"I don't think, at the end of the day, that communities - and the people that are within the communities that are going to sit on the jury – are going to convict on these," said Komorn.

"The local authorities have made it clear that they don't want to, nor do they care about, this behavior. They don't find it to be a nuisance and it's not important for them to prosecute," he said.

Neher reports that Michigan State Attorney General Bill Schuette says he plans to send a letter to county prosecutors explaining how the ruling empowers them to close the dispensaries.

2:45 p.m.

After the Court of Appeals ruling in this case back in 2011, shutdowns and busts followed.

Now we're reading that some dispensaries are being advised to close their doors by their lawyers.

Emily Monacelli reports for MLive on the Med Joint Community Compassion Center in Kalamazoo County. After the ruling, the Center's founder, Kevin Spitler, said his doors would stay open, but that changed:

But less than an hour later, Spitler said his lawyer had advised him to shut down. He said he did not know how long the dispensary would stay closed.

Spitler has seven employees, including himself, all of whom are registered medical marijuana caregivers, he said. He declined to say how many patients they serve.

"That means everybody has to go to the streets to get their medicine now," Spitler said of the effect of the Michigan Supreme Court ruling.

12:22 p.m.

The Michigan Supreme Court ruled today on a case heard before the Michigan Court of Appeals in August 2011.

In 2011, the Court of Appeals found that the Mount Pleasant dispensary, Compassionate Apothecary, was a public nuisance and in violation of the public health code, and that the sale of medical marijuana is not protected under the law.

Many dispensaries closed their doors after that ruling, waiting to see how police might respond. Some departments responded with raids and crackdowns, while others allowed the dispensaries to continue.

It remains to be seen what will occur in the wake of this ruling

The justices who signed the majority 4-2 opinion said their reasoning was different, but the conclusion they reached was the same.

From today's Michigan Supreme Court ruling:

Although it did so for a different reason than the one we articulate, the Court of Appeals reached the correct conclusion that defendants are not entitled to operate a business that facilitates patient-to-patient sales of marijuana. Because the business model of defendants’ dispensary relies entirely on transactions that do not comply with the MMMA, defendants are operating their business in “[a] building . . . used for the unlawful . . . keeping for sale . . . or furnishing of any controlled substance,” and plaintiff is entitled to an injunction enjoining the continuing operation of the business because it is a public nuisance.

11:35 a.m.

We will link to the ruling once we have it.

Karen Bouffard writes for the Detroit News that Supreme Court Justices Chief Justice Robert Young Jr. and Justices Markman, Kelly and Zahra ruled that the Michigan Medical Marihuana Act of 2008 only protects registered caregivers and their patients.

The justices also ruled patient-to-patient transfers of medical marijuana are not legal under the voter-approved law, appearing to contradict a Court of Appeals decision last week that concluded there's nothing illegal about a medical marijuana user providing a small amount of pot to another registered user at no cost.

Here's more on that appeals court ruling.

10:43 a.m.

DETROIT (AP) - The Michigan Supreme Court says users of medical marijuana can't buy it at pot shops.

The 4-1 decision Friday is the most significant court ruling since voters approved marijuana for certain illnesses in 2008. It means the state's 126,000 approved users must grow their own pot or have a state-licensed caregiver grow it for them.

The state appeals court declared dispensaries illegal in 2011, but enforcement has depended on the attitudes of local authorities. Some communities took a hands-off approach while waiting for the Supreme Court to make the ultimate decision.

The case involves a Mount Pleasant dispensary that allowed medical-marijuana users to sell pot to each other. Owners took as much as a 20 percent cut of each sale. Isabella County shut it down as a public nuisance.

Courts filling in gaps in Michigan's medical marijuana law

Rick Pluta — Thu, 31 Jan 2013 15:19:12 +0000

The Michigan Court of Appeals has ruled medical marijuana users may share small amounts of pot without running afoul of state law. But that’s only if no money changes hands.

Courts have been busy filling gaps in Michigan’s medical marijuana law since it was approved by voters in 2008.

In this case, Tony Green’s defense against drug delivery charges was that he shared – without compensation -- a small amount of pot with another legally registered medical marijuana user. The appeals court said that is allowed under the Medical Marijuana Act.

The decision could be appealed to the state Supreme Court, which has already ruled patient-to-patient marijuana sales are illegal.

The Supreme Court is expected to issue a couple more medical marijuana decisions in the near future – including one on whether the law permits dispensaries that charge some kind of fee.

Court: OK for medical marijuana users to provide small amount of pot to each other

The Associated Press — Wed, 30 Jan 2013 18:24:38 +0000

HASTINGS, Mich. (AP) - The Michigan appeals court says there's nothing illegal about a medical marijuana user providing a small amount of pot to another registered user at no cost.

The court agreed Wednesday with a Barry County judge who had dismissed charges against Tony Green. It's the first decision by the appeals court in a case involving marijuana that changed hands without money.

There is no dispute that Green provided less than 2 1/2 ounces of marijuana to Al Thornton in Nashville, Mich., in September 2011. Both were qualified to use medical marijuana.

The Supreme Court heard arguments last fall in a case involving cash sales of marijuana. A decision is pending. The appeals court in 2011 said such sales are illegal.