Michigan Prevention Association

Transcription

1 Michigan Prevention Association T h e S t a t e o f M a r i h u a n a i n t h e S t a t e o f M i c h i g a n : I n c l u d i n g a r e v i e w o f t h e N e w F a c i l i t i e s L a w s a n d P r o p o s e d B a l l o t I n i t i a t i v e s S t a t e o f M i c h i g a n S U D - C O D C o n f e r e n c e

2 Focus of Presentation New Medical Marihuana Laws Facilities law Two Legalization Proposals Summarizations Public Health Concerns Science based, Youth Concerns, Public Safety Michigan Prevention Association Strategies

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4 Medical Marihuana New Laws / 5 Facilities 1) Grow facility 2) Processing facility 3) Safety facility 4) Transportation facility 5) Provisioning Center facility (retail)

5 Opt-In Process To have a facility, a municipality must Opt-in. 1) Municipality = Township, Village, or City 2) Opt-In = must pass an ordinance allowing a facility

6 Details for New MM laws: 21 or older Seed to Sale Edibles and oils THC limits Access to businesses by law enforcement Does not affect current MM law Effectiveness of these laws will depend on the rules promulgated

7 Legalization Two proposals being circulated ~ ~ ~ One is big money (think big tobacco) - Close to having signatures needed One is open to any and all - Doubt has been expressed that there are enough resources to be successful

8 Legalization - #2 (paraphrased) 1) Amends the State Constitution 2) uses of Cannabis in any form by any person shall be lawful activity 3) All prohibitions in any form by any person hereby null and void 4) Use of Cannabis shall include, but not limited to: 5) No excise tax, no fines, no fees, no regulation shall be levied or allowed 6) shall be retroactive 7) No State agencies shall receive federal or other dollars for prohibitions of Cannabis

9 Legalization Proposal Michigan Regulation and Taxation of Marihuana Act (MRTMA) Opening paragraph (Section 2) By The Coalition to Regulate Marijuana like Alcohol Legal under State and local law for adults 21 years of age or older Make industrial hemp legal Control the commercial production and distribution of marihuana

10 Legalization Proposal Michigan Regulation and Taxation of Marihuana Act (MRTMA) Opening paragraph (Section 2) Prevent the arrest and penalty for personal possession and cultivation Remove the illicit market Prevent revenue from going to criminal enterprises or gangs Ensure safety of marihuana and marihuana-infused products Ensure security of marihuana establishments

11 Details: MRTMA Section 3, Definitions (3-c) Allows for industrial hemp THC not exceeding 0.3% dry-weight basis (3-e) Marihuana does NOT include; mature stalk, fiber from the stalks, oil or cake made from the seeds of the plant or any compound, except the resin extracted??? (wording is not clear) (3-i) Grower licensed to cultivate, sell and transfer to another establishment (3-k) Microbusiness licensed to cultivate not more than 150 plants (wording is not consistent with Section 9.2)

12 Details: MRTMA Section 4 (4-1.a) Does not authorize operating any motor vehicle, aircraft, snowmobile, etc., while under the influence of marihuana (4-1.b) Prohibits transfer of marihuana to any person under age of 21 (4-1.d) Prohibits separation of plant resin by butane extraction (4-1.e) Consuming in a public place or smoking mrh. where prohibited by the person who owns, occupies or manages the property except where municipality has authorized use (4-1.g) Prohibits consuming while operating a motor vehicle (4-1.h) Prohibits possessing at a school, in a school bus, or at a correctional facility

13 Details: MRTMA Section 4 5 (4-3) Does not require an employer to permit or accommodate conduct otherwise allowed by this act. Does not prohibit employer from disciplining an employee in violation of a workplace drug policy. (5-1.a) Possessing, using, consuming, internally processing, purchasing or transporting - limit is 2.5 ounces or less, or not more than 15 grams of concentrate. (5-1.b) Person s residence, not more than 10 ounces, cultivating not more than 12 plants for personal use (5-1.d) Giving away no remuneration up to 2.5 ounces, 15 grams concentrate; as long as not advertised or promoted to the public.

14 Details: MRTMA Section 5 6 (5-2) Accessories to those 21 and older not illegal (5-3) Shall not be denied visitation or custody to a minor (6-1) A municipality may completely prohibit or limit the number of mrh establishments. Individuals may petition to initiate an ordinance for the number of establishments allowed. (6-1) Opt-out process for municipality: initiated by petition and voted upon by the community at regular election. (6-3) A municipality may require a municipal license. (6-4) A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs

15 Details: MRTMA Section 8 (8-1) The department (LARA) shall promulgate rules to implement and administer this act - Issuing state licenses - Schedule of fees - Qualifications for licensure - Requirements for safe cultivation processing and distribution of mrh - Prohibitions on pesticides - Testing, packaging and labeling standards, procedures and requirements, including the maximum amount of THC level for mrh-infused products - Security requirements - Record keeping - Reasonable restrictions on advertising, marketing and displays - A plan to promote and encourage participation in the mrh industry by people from communities disproportionately impacted by mrh prohibition and enforcement

16 Details: MRTMA Section 8 cont. (8-3.a) The department may not set a limit on the number of any type of state licenses that may be granted. (8-3.c) The department may not prohibit a grower, processor or retailer from operating a single facility

17 Details: MRTMA Section 9 (9-2) LARA shall issue the following state license types: - Retailer - Safety compliance facility - Secure transporter - Processor - Microbusiness class A grower not more than 100 plants - Microbusiness class B grower not more than 500 plants - Microbusiness class C grower not more than 2,000 plants { from Section 3: (i) Grower licensed to cultivate, sell and transfer to another establishment (k) Microbusiness licensed to cultivate not more than 150 plants From Section 10-1.f: microprocessor not more than 150 plants}

18 Details: MRTMA Section 9 cont. (9-3.b) A municipality may notify the department that a mrh establishment is not in compliance with local ordinances at the time of the application. (9-3.c) The proposed mrh facility is not to be within an area zoned exclusively for residential or within 1,000 feet of a pre-existing school (9-6) LARA shall begin accepting applications within 12 months of the effective date of this act; (9-6) For 24 months LARA may only accept applications from residents of MI for Retailer, Processor, Class B grower, Class C grower, Secure Transporter, Safety Compliance, people holding MM licenses unless its determined that more licenses are needed to minimize the illegal market or provide services to rural areas.

19 Details: MRTMA Section 11 (11-a) A mrh establishment may not allow cultivation, processing, sale, or display of mrh or mrh accessories to be visible from a public place outside the establishment without the use of optical aids. (11-g) A licensed transporter may not transport more than 15 ounces or more than 60 grams of concentrate at one time. (11-h) A secure transporter may not hold title to marihuana. (11-i) May not sell mrh-infused candy in shapes or packages that are attractive to children. (11-j) May not sell or transfer mrh that is not in an opaque, resealable, child resistant package (5yrs of age), unless sold for consumption on the premises. (11-k) A mrh establishment may not sell or otherwise transfer tobacco.

20 Details: MRTMA Section (12) In computing net income for marihuana establishments, deductions from state taxes are allowed for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying out a trade or business. {Question: Deductions from STATE TAXES or from NET INCOME in computing State Taxes?} (13-1) Additional excise tax of 10% on sale price sold or transferred to anyone other than a mrh establishment.

21 Details: MRTMA Section 14 (14-3) LARA shall (word unclear) money in the fund first for implementation administration and enforcement of this act and second, until 2022 or for at least two years to provide (amount unclear) million annually for clinical trials and sponsor a non-profit researching the efficacy of mrh in treating the medical conditions of US armed forces veterans and preventing veteran suicide. (third) Unexpended balances must be allocated as follows: - 15% to municipalities where mrh businesses are located - 15% (?) to counties where mrh businesses are located - 35% to school aid fund - 35% to the Michigan transportation fund for the repair and maintenance of roads and bridges

22 Details: MRTMA Section 15 Fines are not more than $100 and forfeiture of mrh for possession not more than the legal limit, for those not authorized per specific action Fines for not more than twice the legal limit: - 1 st offense not more than $500 and forfeiture civil - 2 nd offense not more than $1,000 and forfeiture civil - 3 rd and subsequent offenses not more than $2,000 and forfeiture misdemeanor Less than 18: fine or community service, forfeiture and 4 hrs drug education At least 18: fine, forfeiture 2 nd offense, less than 18: same except larger fine, 8 hours of drug education 2 nd offense, at least 18: larger fine not more than $500 forfeiture

23 Details: MRTMA Section 15 cont. 16 (15) More than twice the allowed amount, at least 21 years of age misdemeanor but not subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or involved violence. (16) If the department does not promulgate rules in 1 year, applicants may apply directly to the respective local municipalities for licensure. If granted by local municipality, license holder is not subject to regulation or enforcement by the department during the municipal license term.

24 Public Health Concerns: SAM Document LearnAboutSAM.org 1) Disproportionally affect lower-income communities of color 2) Increase drug use among youth 3) Strain our budget 4) Reinforce the black market for marijuana 5) Aggravate drugged driving 6) Burden for the employer and business community

25 Access Equates to Youth Use County Population Medical Marihuana Card Holders 11 Graders Past 30 Day Use of Marijuana Isabella 74,000 (approx.) 497 (approx.) 12.5% Montcalm 67,000 (approx.) 1,164 (approx.) 18.9%

26 M O N T C A L C O U N T Y M

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28 Michigan Prevention Association Concerns Use by youth Crash fatalities Medical emergencies overdose, psychotic episodes Addiction rates Business liability risks Financial Cost to community Youth success Youth engaging in areas of personal purpose

29 At the Table: Michigan Prevention Association MPA Smart Approaches to Marijuana SAM Examples of State-wide Organizations - Michigan Prosecuting Attorney s Association - Michigan Public Health Medical Directors - Arab American League - Others. Examples of Local Grassroots Community Organizations - Mobilizing Michigan - Talk Sooner - etc.,

30 MPA Plans Grassroots Networking Community Forums Communication Network Families Proclamations Legislative Front Ballot Proposals State-wide Surveys Media Campaign Social Media Radio Spots News Releases (Accurate Information) MichiganPreventionAssociation.org

31 Opportunities for Involvement: Contact MPA to be part of the State-wide team ~ share your experiences and hear from others Identify your local community groups and leaders Share the proclamation with your local community Help spread the word and attend a Spring Marihuana Boot Camp Identify media outlets serving your area

32 Michigan Prevention Association C a t c h u s o n o u r w e b s i t e : or contact: JohnKroneck@CherryHealth.com