Sheriff’s office responds to new marijuana legislation
Published 1:49 pm Friday, November 18, 2016
While passed by Gov. Rick Snyder several weeks ago, the smoke has yet to clear concerning a series of recent changes to Michigan’s medical marijuana laws.
In late September, Snyder signed a package of bills — now known as Public Acts 281 through 283 of 2016 — aimed at clarifying aspects of the existing state marijuana laws, allowing the opening of drug dispensaries and large-scale commercial growing operations, among other changes. The changes go into effect Dec. 20.
Since the legislation was approved, leaders with the Cass County Sheriff’s Office have reached out to local municipalities, Undersheriff and Sheriff-elect Richard Behnke recently sent out a letter to local leaders about the new laws, telling them of the potential effects they could have on residents.
While the public acts clear the way for the opening of marijuana dispensaries — which were deemed illegal earlier this year by the state court of appeals — local governments must first enact ordinances allowing for the operation of such businesses in their areas, Behnke said.
“Some people are interested in opening up local dispensaries, for sure,” Behnke said. “It is just a matter of whether or not the townships want to have them in their jurisdictions.”
Several Cass County townships already have ordinances in place forbidding the opening of marijuana dispensaries, Behnke said. The undersheriff said he recommends these municipalities should contact an attorney to ensure these ordinances still apply with the new laws.
Ensuring compliance with Michigan’s medical marijuana laws has been a priority for deputies with the sheriff’s office since state voters approved legal use of the drug in 2008, Behnke said. Prior to the recent changes, people growing marijuana could only provide plants to five patients — who must have a medical marijuana card through the state — growing up to 12 plants per person under their care, the undersheriff said.
As no formal training is required for one to be licensed to grow marijuana in Michigan, many Cass County growers are not familiar with these and other restrictions, resulting in several arrests per year for noncompliance, Behnke said.
“Some people do not understand all the restrictions that go into growing medicinal marijuana,” he said. “We offer to have our deputies come and visit these operations, so we can make sure they are doing so legally.”
Under the new law, though, people can now establish larger growing operations, with the ability to sell to providers rather than just patients, Behnke said. Townships, villages and cities must also enact laws allowing people to grow marijuana plants for these purposes, the undersheriff said.
In spite of the changes, the undersheriff said he believes most county municipalities will not enact ordinances allowing larger growers or dispensaries to operate. Even if local governments decide to permit these businesses to operate, the new law requires dispensaries to wait nearly a year after Dec. 20 to open, giving deputies enough time to study up on the new regulations, Behnke said.
“If it is a legal operation, our job is just make sure the operators are following the rules,” Behnke said.