It was standing room only at the Tuesday informational workshop on Michigan’s medical marijuana laws, a joint meeting of the board of commissioners and the planning commission.
Both boards wanted to hear a detailed breakdown of Michigan’s laws after Buchanan resident Johnny Wallace approached city commissioners at the Dec. 12 board meeting about opening a marijuana provision center on Red Bud Trail.
Rick Racht, the assistant attorney for the City of Buchanan, spoke for the first hour of the 90-minute meeting, detailing the specifics of House Bill 4209 — the medical marijuana facilities licensing act — and House Bill 4827 — the marijuana tracking act. While both bills have been signed into law, neither will take effect until December 2017.
Racht explained to the audience that, while marijuana has been approved for medical use by licensed cardholders in the state, it is still considered an illegal drug.
“Michigan, with these acts, has provided some exemptions from the law,” Racht said. “The state is afforded and allowed additional rights than what the federal government can provide. If state law enforces more responsibility on its residents than federal law, then the state law prevails unless those laws are in explicit conflict.”
In other words, the state is allowed to grant additional rights to its citizens beyond the federal government as long as they are not conflicting. Because marijuana remains illegal, the state is instead offering special protections from state prosecution to medical marijuana cardholders and operators of businesses that provide services to those cardholders, as long as they remain in compliance with state law.
The bills require that facilities providing medical marijuana to cardholders be separated into five areas: grow operations, processors, provision centers, transporters and safety compliance facilities. No one person may have a vested business interest in more than one of the areas.
Racht explained that the two bills were enacted to give guidelines to municipalities on how to remain legal within the eyes of the state.
In fact, in House Bill 4210 — an amendment to the Michigan medical marijuana act — legislators noted that data from the Federal Bureau of Investigation Uniform Crime Reports and the Compendium of Federal Justice Statistics show that about “99 out of every 100 [marijuana] arrests in the U.S. are made under state law, rather than under federal law.”
“[Lawmakers] found … we had no way of providing [cardholders] with marijuana in an effective, safe method,” Racht said. “[Lawmakers] provided this exemption for medical marijuana, but no clear way of how to enforce it and how to get it out in a manner that is easily enforceable and there to make sure it is done in a safe manner.”
Within the rules for licensure are strict ineligibility guidelines which include that a person applying for a license may not have been convicted of a felony, or been released from incarceration for a felony within the past 10 years; may not have been convicted of a misdemeanor involving a controlled substance, theft, dishonesty or fraud within the past five years; and must provide adequate insurance at their facility.
Additionally, the medical marijuana licensing board may take into account the integrity, moral character, reputation and financial ability and experience of an applicant when deciding to grant a license for one of the facilities.
“There are so many rules and regulations,” said Dale Toerne, a member of both the city commission and the planning commission. “After it is implemented, there are going to be more questions that we cannot answer until we see it working.”
But, as evidenced by the workshop, the city of Buchanan is working to get ahead of those questions, and to make an informed decision based on facts as well as what the residents want.
“It is not going to be easy [coming to a decision],” Toerne said. “There are going to be a lot of pros and cons. We are going to have to listen to what a majority of the people want.”
Buchanan Mayor Brenda Hess was struck by the depth of restrictions placed on license applicants.
“The thing I took away from this meeting is that [a licensee] cannot be someone fly-by-night,” Hess said. “The rules are so stringent with the hoops, fines and fees. It seems to me to be even more rigorous than having a liquor license, or a license to do any other business.”
She hoped that hearing the assistant city attorney explain exactly how strict the process is eased the concerns of wary residents.
“There is going to be a structure [to opening a medical marijuana facility],” Hess said. “People are not just going to be hanging out on the street in front of this place trying to sell marijuana to children. This is for legitimate medical needs. We owe it to the citizens to make an informed decision.”
The board of commissioners will host two public forums to hear citizens’ concerns, one pro meeting and one con meeting.
The forums are tentatively scheduled for 7 p.m. Thursday, Feb. 16, and 7 p.m. Monday, Feb. 20. The board will meet Monday, Feb. 13, to vote on the dates and which will be pro and which will be con. The board intends to vote on whether or not to allow a provision center by the end of February, according to City Manager Bill Marx.
“We are really a compassionate community,” Hess said. “If this could help people and be regulated in a way that would be positive for the community we are keeping an open mind.”