Some were not significant, some had huge impact and some were- well, just bizarre. Review all the legislation!
photo caption: Rep. Jeff Irwin (D-Ann Arbor) speaks at the Hash Bash in Ann Arbor
by Rick Thompson/December 27, 2016
LANSING- Michigan’s 2-year legislative session which just ended produced a staggering 46 different bills that mention “marijuana” or a similar term. Some were complete tools of big business, some were sincere efforts to right-size the War on Drugs, and others were introduced with the knowledge that they would never see a vote, let alone make new law.
A quick search of the Michigan legislative database gives 42 returns for the word “marijuana” but it gives 44 returns when the antiquated spelling of “marihuana”. Anyone can further research these bills (or bills from previous sessions) by using the search tool found on the legislature’s website. Just click to go there.
Some of the bills mention marijuana but don’t deal specifically with the issue- the Omnibus Budget Act, for example, which lists the MMMA as a function of the Department of Licensing and Regulatory Affairs (LARA) but did not propose any changes to the Act. Others amended the Controlled Substances Act but did not specifically target cannabis.
The 2015-16 bills include two which mention hemp. By way of comparison, the 2013-2014 session offered 32 bills mentioning marijuana; there were 35 bills in the 2011-2012 session; and in the first two years of the Michigan Medical Marihuana Act, 2009-2010, there were only 3 bills introduced which mentioned marijuana, and none of them were directly related to cannabis. It is worth noting that the MMMA was protected from legislative amendment during these two years by Michigan law, as are all new laws initiated by petitioning process.
Here is a summary of the good, the bad and the ugly of the Michigan legislature’s latest manipulations of marijuana politics.
THOSE THAT BECAME LAW
HB 4209 of 2015 (PA 281 of 2016)Health; medical marihuana; Health; medical marihuana; state and local regulation of medical marihuana facilities; provide for. Creates new act. TIE BAR WITH: HB 4827’15
HB 4210 of 2015 Health; medical marihuana; marihuana-infused products; allow and regulate. Amends secs. 3, 4, 6 & 7 of 2008 IL 1 (MCL 333.26423 et seq.) & adds sec. 4a & 4b.
(PA 283 of 2016)
HB 4827 of 2015 Marihuana; administration; seed-to-sale tracking system for commercial marihuana; establish. Creates new act. TIE BAR WITH: HB 4209’15
(PA 282 of 2016)
February 2015 was a busy month for marijuana law reform advocates. Both the new dispensary law and the concentrates/medibles laws were re-introduced after the 2013-14 session ended without their passage. The Seed-To-Sale Tracking bill was not introduced until August 18, when the industry representatives lobbied Kesto to create this new program.
SB 0140 of 2015 Health; medical marihuana; marihuana-infused products; allow and regulate. Amends secs. 3, 4, 6, 7 & 8 of 2008 IL 1 (MCL 333.26423 et seq.) & adds sec. 4a.
SB 0142 of 2015 Health; medical marihuana; state and local regulation of marihuana provisioning centers; provide for. Creates new act.
These Senate bills were created on Feb. 18, 2015 to correspond to the House bills which became law. Although the Senate bills were not adopted, they are part of the package and are included here because it made the most sense.
SB 0141 of 2015 Criminal procedure; sentencing guidelines; sentencing guidelines for selling marihuana in violation of registry identification card restrictions; update. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n). TIE BAR WITH: SB 0140’15
This bill created a technical correction in law in association with HB 4210 and was sponsored by Sen. Coleman Young II.
HB 5024 of 2015 Crimes; intoxication or impairment; impaired driving safety commission; create. Creates & repeals new act.
(PA 350 of 2016)
Introduced in October of 2015 and passed on December 7, 2016, Peter Lucido’s bill has a single purpose: “to determine the appropriate threshold of THC bodily content to provide evidence of per se impaired driving.” The bill creates a scientific commission to establish a nanogram-based impaired driving limit for THC, which it forces scientists to do within two years.
SB 1175 of 2016 Controlled substances; marihuana; penalty for manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver certain synthetic substances; revise. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401).
SB 1176 of 2016 Criminal procedure; sentencing guidelines; sentencing guidelines for the delivery or manufacture of marihuana; modify to include certain synthetic equivalents. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 1175’16
Sens. Jones and Mike Shirkey created this bill to bring synthetic marijuana penalties into alignment with existing penalties for marijuana, and changed the spelling to include the H yet again.
SB 0072 Health; medical marihuana; authorization of medical marihuana in certain places; restrict. Amends sec. 7 of 2008 IL 1 (MCL 333.26427).
This is the Landlord-Tenant Bill introduced by Sen. Rick Jones. It was so unpopular during the 2013-14 session that Jones tried to bundle it with the failed dispensary bills to make a last-day, lame duck session push for passage. He brought it back immediately at the start of the new session- introduced on January 29 of 2015- and it took him until one of the very last days of the 2015-2016’s lame duck session to get it passed, December 14, 2016.
DECRIMINALIZATION/LEGALIZATION BILLS
Yes, Michigan, we DID have legislative efforts to legalize marijuana in this last year.
SB 0080 of 2015 Controlled substances; marihuana; possession or use of 1 ounce or less of marihuana; decriminalize under certain circumstances. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).
This bill was introduced by Sen. Coleman Young II of Detroit at the start of the new session- February 4, 2015. It includes a sliding scale for civil infraction fines that ranges from $25 – $100. It was assigned to Sen. Rick Jones’ Judiciary Committee, where it died without a single hearing.
HB 4877 of 2015 Controlled substances; marihuana; cultivation, processing, and sale of marihuana; decriminalize and regulate. Creates new act.
This bill was introduced by Rep. Jeff Irwin in September 2015 and carried a half-dozen sponsors. It created a well-rounded legalization plan that looks remarkably similar to the MILegalize proposal.
SB 0813 of 2016 Controlled substances; marihuana; legalization of marihuana; provide for and regulate. Creates new act. TIE BAR WITH: SJR O’16
Sen. Coleman Young II titled this the “Nonmedical Marihuana Code” and it offered a robust program for legalizing the adult use of cannabis. It was introduced Feb. 4, 2016 and comes along with Senate Joint Resolution O, which states: THE LEGISLATURE SHALL NOT ADOPT A LAW THAT MAKES POSSESSION OR USE OF MARIHUANA OR MARIHUANA PRODUCTS BY AN ADULT A CRIMINAL OR CIVIL OFFENSE.
BILLS THAT WOULD HAVE BENEFITTED PATIENTS
SB 0346 of 2015 Insurance; no-fault; medical marihuana; require auto insurers to provide coverage for. Amends sec. 3107 of 1956 PA 218 (MCL 500.3107).
This bill was a product of Coleman Young II and sought to force insurance companies to cover people who use medical marijuana as authorized by the MMMA.
HB 4508 of 2015 Criminal procedure; forfeiture; forfeiture of vehicle used by individual to purchase or possess 1 ounce or less of marihuana; create exception. Amends sec. 7521 of 1978 PA 368 (MCL 333.7521).
Sponsored by Jeff Irwin, this bill would prevent the police from seizing and forfeiting a vehicle used to purchase less than one ounce of marijuana by anyone for their personal use.
HB 5161 of 2015 Labor; fair employment practices; termination of employment of medical marihuana patients; prohibit under certain circumstances. Amends sec. 4 of 2008 IL 1 (MCL 333.26424).
Sponsored by Jeff Irwin and Rep. Sam Singh, this bill would prevent employers from firing people because of their use of medical marijuana, subject to their registration with the State and compliance with the MMMA.
REALLY, REALLY BAD IDEAS
SB 0248 of 2015 Insurance; no-fault; coverage and benefits; make miscellaneous changes and create an insurance fraud prevention authority. Amends title & secs. 3101, 3104, 3107, 3107a, 3114, 3135, 3157, 3163, 3301, 3310, 3330, 4501 & 6107 of 1956 PA 218 (MCL 500.3101 et seq.) & adds sec. 3107c & ch. 63. TIE BAR WITH: SB 0249’15
This bill was introduced by Sen. Joe Hune. It sought to exempt insurance companies from having to pay for claims resulting from the use of marijuana by changing the phrase “shall not be required” to “is not required”.
HB 5951 of 2016 Insurance; no-fault; levels of personal protection benefits; allow insured to select. Amends secs. 3104, 3107 & 3109a of 1956 PA 218 (MCL 500.3104 et seq.).
This was a similar bill, introduced in the House.
SB 0772 of 2016 Criminal procedure; sentencing guidelines; sentencing guidelines for increased penalties for physicians and pharmacists who wrongfully prescribe, dispense, manufacture, or distribute controlled substances; provide for. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 0771’16
The only change this bill suggested was to switch the spelling of the 1927 term “marijuana” into the crazy, where-did-this-come-from spelling of “marihuana”. Why bother? Who cares? Good questions.
HB 4356 of 2015 Criminal procedure; sentencing guidelines; offense variable for operator ability affected by alcohol or drugs; create exception for certain level of THC in blood in definition of “any amount of a controlled substance”. Amends sec. 48, ch. XVII of 1927 PA 175 (MCL 777.48). TIE BAR WITH: HB 4357’15
HB 4357 of 2015 Controlled substances; marihuana; operation of a motor vehicle under the influence of marihuana; establish permissible level of THC in blood for certain individuals. Amends sec. 625 of 1949 PA 300 (MCL 257.625).
These bills, introduced by Reps. Klint Kesto and Peter Lucido, would have established a 5 nanogram driving limit for intoxication in the state of Michigan. They were introduced early on (March 2015) and never were put to a Committee vote, even though they were assigned to Kesto’s own Judiciary Committee.
SB 1014 of 2016 Administrative procedure; rules; rules promulgated under medical marihuana facilities licensing act; exempt from administrative procedures act. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: HB 4209’15
Introduced by Rick Jones in June of 2016, this would have allowed the new Marihuana Facilities Licensing Act to operate without traditional governmental oversight until Jan. 1, 2017. It was passed by the Senate but fell in the House.
HB 5445 of 2016 Health; medical marihuana; injunctive relief or damages against local governmental entities; prohibit to a marihuana dispensary operating in violation of local ordinances. Amends 2008 IL 1 (MCL 333.26421 – 333.26430) by adding sec. 9a.
Created by three Detroit Democrats, this bill would have prevented dispensaries operating in the grey area of law from suing cities that arbitrarily shut them down after allowing a length of time for operation
HB 5800 of 2016 Marihuana; penalities and remedies; restrictions on transporting medical marihuana; revise, and provide sanctions for a violation in the Michigan medical marihuana act. Amends sec. 7 of 2008 IL 1 (MCL 333.26427) & repeals sec. 474 of 1931 PA 328 (MCL 750.474).
Another bill by Peter Lucido that sought restrictions on medical marijuana patients. It would have made smoking in any motor vehicle, running or stationary, a crime and proposed rules for packaging of marijuana during transport.
HB 5820 of 2016 Human services; services or financial assistance; suspicion-based substance abuse screening and testing pilot program for family independence program applicants and recipients; make permanent. Amends secs. 57y & 57z of 1939 PA 280 (MCL 400.57y & 400.57z).
Peter Lucido again, this time trying to make the pilot program of drug testing for welfare recipients a permanent law. The program made no exemption for medical marijuana patients.
HB 5984 of 2016 Health; medical marihuana; applicant for marihuana facility license; make business entity ineligible if it has not paid property taxes for the preceding 2 years. Amends sec. 402 of 2016 PA 281 (MCL 333.27402).
The last word on marijuana from Rep. Mike Callton, whose term in the Michigan House is over. This would have negatively impacted many existing cannabis businesses by blocking any business that did not pay Michigan property tax in the last two years from consideration in the new Marihuana Facilities Licensing Act. Although Callton is gone, expect another Republican to introduce something similar in 2017.
BILLS UNRELATED TO CANNABIS LAW
SB 0094 of 2015 Law enforcement; other; certain records of probation to be provided to the Michigan commission on law enforcement standards; require. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).
(PA 0291 of 2016)
SB 0133 of 2015 Appropriations; zero budget; omnibus budget appropriations bill; provide for. Creates appropriation act.
(PA 0084 of 2015)
SB 0202 of 2015 Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriation act.
SB 0410 of 2015 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of attempting to solicit another person to obtain ephedrine or pseudoephedrine; revise to reflect. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 0409’15
(PA 0126 of 2016)
SB 0424 of 2015 Crimes; controlled substances; penalties for manufacture of methamphetamine near a school or library; increase. Amends sec. 7410 of 1978 PA 368 (MCL 333.7410).
HB 4102 of 2015 Appropriations; zero budget; supplemental appropriations bill; provide for. Creates appropriation act.
(PA 143 of 2015)
HB 4315 of 2015 Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriation act.
HB 4768 of 2015 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of attempting to solicit another person to obtain ephedrine or pseudoephedrine; revise to reflect. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4767’15
HB 4769 of 2015 Crimes; controlled substances; penalties for manufacture of methamphetamine near a school or library; increase. Amends sec. 7410 of 1978 PA 368 (MCL 333.7410).
(PA 128 of 2016)
HB 4843 of 2015 Controlled substances; penalties; certain minors; exempt from minors using prescription drugs. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).
(PA 220 of 2015)
HB 4931 of 2015 Health; controlled substances; prosecution of individual for certain controlled substance violations; prohibit if individual is seeking medical attention for himself, herself, or another person. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).
SB 0800 of 2016 Appropriations; zero budget; omnibus budget appropriations; provide for. Creates appropriation act.
(PA 0340 of 2016)
SB 0823 of 2016 Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriation act.
SB 1158 of 2016 Crimes; controlled substances; parole eligibility for certain controlled substance offenders; modify. Amends sec. 7413 of 1978 PA 368 (MCL 333.7413).
HB 5294 of 2016 Appropriations; zero budget; omnibus budget appropriations; provide for. Creates appropriation act.
(PA 268 of 2016)
HB 5434 of 2016 Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriation act.
HB 5649 of 2016 Controlled substances; penalties; individuals possessing controlled substances and controlled substance analogues; exempt from possession penalties in certain circumstances. Amends sec. 7403 of 1978 PA 368 (MCL 333.7403).
(PA 307 of 2016)
HB 5650 of 2016 Controlled substances; penalties; individuals using controlled substances and controlled substance analogues; exempt from use penalties in certain circumstances. Amends sec. 7404 of 1978 PA 368 (MCL 333.7404).
(PA 308 of 2016)
HB 5769 of 2016 Human services; other; reference to certain departments in the public health code; update. Amends secs. 2501, 2640, 2701, 2723, 2882, 5131, 5456, 5474b, 5474b[1], 5656, 5887, 7203, 7411, 7421, 9141, 9701, 10301, 12103, 16204a, 16204d, 16241, 16281, 16315, 16625, 16807, 17015, 17020, 17520, 17745a, 17748c, 17775, 20106, 20115, 20156, 21313, 21332, 21601, 21716, 21766, 21773, 21777, 21799b, 21799c, 22205 & 22207 of 1978 PA 368 (MCL 333.2501 et seq.).
HB 5803 of 2016 Criminal procedure; sentencing guidelines; sentencing guidelines for crimes involving physician-assisted suicide; revise. Amends secs. 13n & 16p, ch. XVII of 1927 PA 175 (MCL 777.13n & 777.16p). TIE BAR WITH: HB 5802’16
Hello There. I found your blog using msn. This is a really well written article.
I’ll make sure to bookmark it and return to read more of your useful info.
Thanks for the post.
You’ve made some really good points there. I checked on the
web for more info about the issue and found most people will go along with your views on this web site.
Wow, marvelous blog layout! How long have you been blogging for?
you made blogging look easy. The overall look of your site is excellent, as well as the content!
Good post. I learn something totally new and challenging on sites I stumbleupon everyday.
It’s always useful to read through articles from
other authors and use something from other sites.
Pretty! This has been a really wonderful post.
Thank you for supplying this information.
Great delivery. Solid arguments. Keep up the amazing effort.
Touche. Outstanding arguments. Keep up the amazing work.
Excellent web site. Lots of useful information here.
I am sending it to a few pals and additionally sharing in delicious.
This design is steller! You certainly know how to keep a reader entertained.
Between your wit and your videos, I was almost moved to
start my own blog (well, almost…HaHa!) Great job.
I really loved what you had to say, and more
than that, how you presented it. Too cool!
Hey just wanted to give you a quick heads up and let you know a few
of the images aren’t loading properly. I’m not sure
why but I think its a linking issue. I’ve tried it in two different browsers
and both show the same outcome.
You’ve made various nice points here. I see something truly special in this website.
Many thanks for posting.
Great work on behalf of the owner of this website, excellent post.
Excellent entry! I found it worth it to read. I’ll
come back later to see if perhaps more posts are added.
Loads of superb writing here. I wish I saw it found the
website sooner. Congrats!
I should admit that your post is very interesting. I have spent a lot of my spare time reading your articles.
Thanks for sharing!
Amazing! This can be among the most useful blogs i’ve ever arrive across on this
subject. Actually this is great. I’m also an expert in this topic thus I can understand your hard work.
QG
Greetings! Very useful advice within this post! It’s the little changes that produce the greatest changes.
Thanks for sharing!
very good post, i certainly love this web site, keep on it
Hello! I’ve been reading your website for a long
time now and finally got the bravery to go ahead and give you a shout out from
Kingwood Texas! Just wanted to mention keep up the good job!
Hi! I simply would like to give you a huge thumbs up for your excellent info. I will be returning to your blog for more soon.
This is very fascinating, You are a very professional blogger.
I appreciate you taking the time and energy to put this information together.
I find myself spending a significant amount
of time both reading and commenting. But so what, it was still worthwhile!
Oh my goodness! a tremendous article dude. Thanks!
I simply wished to thank you so much again.
I intended to write you one very small note so as to say thanks again for the concepts you’ve discussed on this site.
I seriously love your website.
Cheers!
Fantastic blog! Do you have any recommendations for aspiring writers?
Any suggestions? Bless you!
Thanks for sharing your very good internet site.
Very interesting information!Perfect just what I was looking for!
Hello! Would you mind if I share your blog with my facebook group?
There’s a lot of folks that I think would really enjoy your content.
Please let me know. Thanks
This was a really wonderful article. Many thanks for this information.
Your personal dedication to getting the message out is remarkably beneficial.
Admiring the commitment you put into your website and detailed
information you offer. It’s great to come across a
blog every once in a while that isn’t the same out
of date rehashed information. Fantastic read!
I’m impressed, I have to admit. Rarely do I come across a blog that’s both
educative and entertaining, and without a doubt, you have hit the nail on the head.
The issue is an issue that not enough folks are speaking intelligently about.
Now i’m very happy that I stumbled across this in my hunt for
something relating to this.
Excellent page. Keep up the fantastic work.
Many thanks.
Such clever work! Keep up the amazing works guys I’ve included you guys to my own blogroll.
Wow cuz this is very great work! Congrats and keep it up.
Hey There. I found your blog using msn. This is a very well written article.
I am not sure where you’re getting your info, but good topic.
Hello, I read your blog daily. Your humoristic style is awesome,
keep up the good work!
Thanks-a-mundo for the blog post.Really looking forward to read more.
What’s up, I log on to your blogs daily. Your writing style is awesome, keep doing
what you’re doing!