The Walsh Bills. What’s up Next?
Part 3
by Tim Beck
1/30/2013
Editor’s Note: This is the third installment in a series of postings. Read the first post HERE. Read the second post HERE.
Turning the clock back two years ago, a cruel future for the Michigan Medical Marijuana Act (MMMA) seemed all but certain. On January 1, 2011 the Republican Party assumed complete control of all branches of state government and in less then 30 days the assault on the MMMA had begun.
On January 5th, in the first major decision of his administration, Attorney General Bill Schuette eagerly licked the DEA’s boots. He agreed to honor a subpoena originally issued in June 2009, to his predecessor Mike Cox, to open the state patient/caregiver registry to federal fishing expeditions.
This was followed up in a few weeks, by Senator Rick Jones with SB 17, outlawing “marijuana bars” i.e., virtually any location where cannabis patients assembled and medication was used. SB 17 was the first of a plethora of anti MMMA bills which Senator Jones and a few other legislators unleashed in record time. In addition, Mr. Schuette continued the pile on, issuing a number of bizarre legal opinions as to what the MMMA purported to say.
These actions were largely prompted by real, as well as imaginary fears that the MMMA was “out of control.”
Speaking to what is real and playing devil’s advocate for a moment; I personally believe efforts by business persons aggressively attempting to open “dispensaries” in communities which did not them want them, enabled a growing climate of political hysteria. In addition, an influx of dispensaries located on Michigan Ave in Lansing, just down the road from the Capitol Building, was not conducive to good public relations. These were the major factors which caused the dam to burst, when Schuette and his Republican friends achieved complete power.
Specifically, local elected officials, police chiefs and assorted government administrators have ready access to- and sometimes the power of- political life or death over their fellow politicians representing their interests in the Legislature. These local officials, especially in Republican areas like Oakland County and the western Michigan bible belt, did not want dispensaries under any circumstances. In fact, many preferred the entire MMMA be destroyed. Therefore, turned the screws on the Legislature to “do something” about what others perceive as a mostly faux crisis.
Acting in accordance with Governor Snyder’s wishes, Republican legislators first strictly focused on the state budget problems. When that issue was settled in the early summer of 2011; attention turned to the MMMA. The “Walsh” bills which were introduced in the House, became the focus of an effort to “clarify” (some say destroy) the MMMA. Hard core negotiations began in earnest very soon. “Cannabis Patients United” (CPU) a secret, invitation only group of medical cannabis activists, some of whom are elite attorneys, doctors and affluent political insiders did most of the heavy lifting early on.
However, when the “McQueen” Appellate court decision came down in August 2010, anti-dispensary localities breathed a sigh of relief. Many dispensaries were forced to close their doors because they were said to be illegal by local officials. As a result, the air began to leak from the anti MMMA balloon and the pressure on the Legislature began to ratchet down. In the months ahead, as negotiations continued, the Walsh bills became progressively less harsh. When the curtain finally came down in last Decembers “lame duck” session, the bills were but a shadow of their deadly first drafts.