RenMasters
Member
By Eric L. VanDussen - January 13, 2013 - http://www.examiner.com/article/medical-marijuana-bills-referred-to-michigan-senate-s-government-op-committee
On January 8, a medical marijuana provisioning center bill was referred to the Michigan Senates Government Operations Committee, which is headed by Senate Majority Leader Randy Richardville, R- Monroe. House Bill 4271 was introduced by Representative Mike Callton, R-Nashville, and it was passed by an overwhelming majority of his colleagues (95-14) on December 12, 2013.
House Bill 5104
was also passed by a vast majority of the House of Representatives on
December 12 and has likewise been referred to Sen. Richardvilles Government Operations Committee. HB 5104 would amend Michigans Medical Marijuana Acts definition of usable marijuana to include plant resin, or extract of the marijuana plant. HB 5104s primary sponsor was Senator Eileen Kowall (R -White Lake).
Some proponents of HB 5104 argue that medical marijuana patients should
not be forced to smoke their medicine of choice if they could benefit
from another ingestion method.
HB 5104 may provide some clarity for medical marijuana patients and law enforcement officials after Michigans Court of Appeals issued an opinion on July 11, 2013, which held that edible products made with THC extracted from marijuana resin are not usable marijuana under the MMMA.
On September 5, 2013, an appeal was filed with Michigans Supreme
Court requesting that the COA's opinion be overturned in that criminal
case originating out of Oakland County.
If passed by the Senate in its current form, HB 4271
would allow commercial entities in Michigan to acquire, possess,
manufacture, deliver, transfer, transport, sell, supply and provide
medical marijuana to qualified patients and caregivers who have
registered with Michigans Department of Licensing and Regulatory
Affairs (LARA).
HB 4271
further provides that local municipalities may decide whether medical
marijuana provisioning centers will be allowed to operate within their
jurisdictions. The law would prohibit new provisioning centers from
being located within 1,000 feet of the property line of a preexisting
primary or secondary school or sharing office space with a physician.
HB 4271
would additionally require provisioning centers to have a security
alarm system that is enabled when a provisioning center agent is not
present.
Sen. Richardvilles Government Operations Committee has not yet set a date for hearings regarding HB 4271 or HB 5104. Robin Schneider, the legislative chairwoman for the National Patients Rights Association (NPRA)
says she is hopeful the committee will schedule the bills for hearings
in the very near future. We are encouraging medical marijuana patients
to contact their state senators and ask them to support HB 4271 and HB 5104 when they come up for a vote, said Schneider.
Dan Downing, a medical marijuana advocate from East Jordan, recently sent an email to State Senator Howard Walker asking him to support HB 4271 and HB 5104. Sen. Walker
represents Michigans 37th District, which encompasses Grand Traverse,
Antrim, Charlevoix, Emmet, Cheboygan, Presque Isle, Mackinac and
Chippewa counties.
Downing informed Sen. Walker that he believed HB 4271
would allow for communities to provide above-ground, safe access to
cannabis for those patients who possess a state-qualification to access
the plant. Communities that do not wish to regulate such facilities are
not mandated by this legislation to do so. HB 5104
would provide qualified patients legal protections for their use of
non-smoked cannabis derived topicals and edibles, as well as
cannabis-based extract products, said Downing,
In a reply email to Downing, Sen. Walker stated that: House Bill 4271
would allow local municipalities to decide the fate of medical
marijuana dispensaries by banning them, permitting them, or placing
regulations on them. House Bill 5104
would extend the use of medical marijuana to include non-smoked forms. I
am concerned that these pieces of legislation will increase access to
marijuana to those not permitted to possess it, put more strain on our
law enforcement personnel, and expand the scope of the medical marijuana
law above what voters intended in 2008. Both of these bills have passed
the House are awaiting assignment to a Senate committee. In the event
that the legislation makes it to the full Senate for a vote, these
concerns would have to be addressed before I could contemplate voting in
support.
Downing says he completely disagrees with Sen. Walkers assessment and he maintains the regulations contained within HB 4271 and HB 5104 would actually deter medical marijuana from entering the black market.
This reporter contacted Sen. Walkers office by phone and by email and asked his staff why he believed HB 4271 and HB 5104
would increase access to marijuana to those not permitted to possess it
and how the bills would put more strain on law enforcement personnel. Sen. Walker and his staff did not respond to this reporters inquiries prior to publication of this piece.
On January 8, a medical marijuana provisioning center bill was referred to the Michigan Senates Government Operations Committee, which is headed by Senate Majority Leader Randy Richardville, R- Monroe. House Bill 4271 was introduced by Representative Mike Callton, R-Nashville, and it was passed by an overwhelming majority of his colleagues (95-14) on December 12, 2013.
House Bill 5104
was also passed by a vast majority of the House of Representatives on
December 12 and has likewise been referred to Sen. Richardvilles Government Operations Committee. HB 5104 would amend Michigans Medical Marijuana Acts definition of usable marijuana to include plant resin, or extract of the marijuana plant. HB 5104s primary sponsor was Senator Eileen Kowall (R -White Lake).
Some proponents of HB 5104 argue that medical marijuana patients should
not be forced to smoke their medicine of choice if they could benefit
from another ingestion method.
HB 5104 may provide some clarity for medical marijuana patients and law enforcement officials after Michigans Court of Appeals issued an opinion on July 11, 2013, which held that edible products made with THC extracted from marijuana resin are not usable marijuana under the MMMA.
On September 5, 2013, an appeal was filed with Michigans Supreme
Court requesting that the COA's opinion be overturned in that criminal
case originating out of Oakland County.
If passed by the Senate in its current form, HB 4271
would allow commercial entities in Michigan to acquire, possess,
manufacture, deliver, transfer, transport, sell, supply and provide
medical marijuana to qualified patients and caregivers who have
registered with Michigans Department of Licensing and Regulatory
Affairs (LARA).
HB 4271
further provides that local municipalities may decide whether medical
marijuana provisioning centers will be allowed to operate within their
jurisdictions. The law would prohibit new provisioning centers from
being located within 1,000 feet of the property line of a preexisting
primary or secondary school or sharing office space with a physician.
HB 4271
would additionally require provisioning centers to have a security
alarm system that is enabled when a provisioning center agent is not
present.
Sen. Richardvilles Government Operations Committee has not yet set a date for hearings regarding HB 4271 or HB 5104. Robin Schneider, the legislative chairwoman for the National Patients Rights Association (NPRA)
says she is hopeful the committee will schedule the bills for hearings
in the very near future. We are encouraging medical marijuana patients
to contact their state senators and ask them to support HB 4271 and HB 5104 when they come up for a vote, said Schneider.
Dan Downing, a medical marijuana advocate from East Jordan, recently sent an email to State Senator Howard Walker asking him to support HB 4271 and HB 5104. Sen. Walker
represents Michigans 37th District, which encompasses Grand Traverse,
Antrim, Charlevoix, Emmet, Cheboygan, Presque Isle, Mackinac and
Chippewa counties.
Downing informed Sen. Walker that he believed HB 4271
would allow for communities to provide above-ground, safe access to
cannabis for those patients who possess a state-qualification to access
the plant. Communities that do not wish to regulate such facilities are
not mandated by this legislation to do so. HB 5104
would provide qualified patients legal protections for their use of
non-smoked cannabis derived topicals and edibles, as well as
cannabis-based extract products, said Downing,
In a reply email to Downing, Sen. Walker stated that: House Bill 4271
would allow local municipalities to decide the fate of medical
marijuana dispensaries by banning them, permitting them, or placing
regulations on them. House Bill 5104
would extend the use of medical marijuana to include non-smoked forms. I
am concerned that these pieces of legislation will increase access to
marijuana to those not permitted to possess it, put more strain on our
law enforcement personnel, and expand the scope of the medical marijuana
law above what voters intended in 2008. Both of these bills have passed
the House are awaiting assignment to a Senate committee. In the event
that the legislation makes it to the full Senate for a vote, these
concerns would have to be addressed before I could contemplate voting in
support.
Downing says he completely disagrees with Sen. Walkers assessment and he maintains the regulations contained within HB 4271 and HB 5104 would actually deter medical marijuana from entering the black market.
This reporter contacted Sen. Walkers office by phone and by email and asked his staff why he believed HB 4271 and HB 5104
would increase access to marijuana to those not permitted to possess it
and how the bills would put more strain on law enforcement personnel. Sen. Walker and his staff did not respond to this reporters inquiries prior to publication of this piece.