The Walsh Bills: Is the Glass Half Full or Half Empty?
by Tim Beck/ December 30, 2012
HB 4834 was a very dangerous bill at one time. However, as it evolved over months of negotiations, it has been de fanged to where it will be a shadow of its former self when it becomes law on April 1, 2012.
Specifically, the major purpose of the original bill, was to allow police access to the patient/caregiver registry based upon the legal standard of “probable cause.”
On April 14, 2012, every cannabis reform group in Michigan banned together to stop this reprehensible bill from passing in the House. Prior to this “unity gathering,” on April 14th, Cannabis Patients United (CPU) leaders repeatedly warned the legislators behind this bill they were making a big mistake. In essence, police access to the registry via the LEIN system it would place LARA and the state government at risk because LARA would be usurping the role of a judge. When a judge signs a search warrant, they are protected from lawsuits. LARA had no such legal protection and if a mistake was made in divulging patient /caregiver information the state would have been on the hook for serious legal damages.
While the community failed to stop the passage of this bill in the House, cooler heads prevailed in the Senate. Police access to the registry was dropped. It is rumored that Bill Schuette himself stepped in and validated LARA’s fears of multi million dollar judgements if rogue cops misused the system. This concern was directly stated to me by the chief lobbyist for the Michigan State Police Sgt Christopher Hawkins, who expressed similar fears when I engaged him in a lobbying conversation in Lansing on November 29th.
For the most part, 4834 has now become a spank LARA bill. Frustrated bymonths of gross incompetence on the part of this agency to issue ID cards in a timely fashion and its failure to convene a panel to evaluate new medical conditions for which cannabis is effective; the Legislature replicated the law already passed by the voters in 2008. In addition, it coupled that with the big stick of mandatory privatization of the card operation if LARA does not get its act together. Finally, in order to deprive LARA of the excuse it has no money because all card holder fees go into the State general fund; 4834 requires all dollars going into the registry program to be held in a segregated account, to be used solely for the purpose of administering the Michigan medical marijuana program.
In addition, to the delight of many in the medical cannabis community, 4834 requires ones patient/caregiver card be renewed every tow years rather then every year as outlined in the original MMMA law passed by the voters. Most patients who need medical cannabis have long term health care issues. This fact was honorably recognized by the Legislature.
Finally, in the only part of 4834 which does not directly relate to LARA in some way, is a provision limiting the right to be a patient or caregiver to Michigan residents only. It is said by law enforcement that persons from out of state were setting up grow operations just inside the Michigan border and diverting their crop to recreational users in their home states. How effective this provision will be in getting a handle on this alleged diversion problem, only time will tell. Nonetheless, the original intent of the MMMA is the program was designed for Michigan residents only.
HB 4856, of the Wash Bill series, is roundly disliked by many patients and caregivers. It requires any cannabis to be transported in a case in the trunk of ones vehicle and if the vehicle has no trunk, it has to be in a case which is not “readily accessible from the interior of the vehicle.” Failure to transport cannabis in such a way, is now a misdemeanor punishable by 93 days in jail and/or a $500 fine.
Those of us who are familiar with cannabis know very well it is far more dangerous to drive under the influence of alcohol then marijuana. However, poll after poll indicates one of the greatest fears of non cannabis users is “drugged driving.” In their zeal to address the so called drugged driving problem, the crafter’s of 4856 drew a line in the sand and refused any compromise on this bill. In the legislative sausage making process, those of us in the community who played a major part in the Walsh negotiations quickly concluded it was futile to try to prove driving under the influence of cannabis was safe. It was also very difficult to counter the fact it has long been illegal to drive with open containers of alcoholic beverages; therefore why shouldn’t the rules should not be the same with marijuana? In the end game, we had to fold our cards– and spend our time fighting other proposals which were far more dangerous to the community.
HB 4853 is the final bill in the Walsh series to become law. In spite of pronouncements from various conspiracy theorists in the community, this bill is essentially a technical change, designed to codify the MMMA into the state criminal code. It also reinforces the premise (upheld by the Michigan Supreme Court) that the MMMA is simply an exemption to the public health and criminal codes which make possession, use or sale of marijuana illegal. It was a felony in the original MMMA passed by the voters to sell marijuana to persons who are not patients. It remains so today.
In the third and final part of this series, I will attempt to go deeper into the political ramifications of these laws and what the future may bring.