S.b. 17 What We Are Fighting Against!

[BennyMac]

Page 1 of 2 sb17/1112

BAN ON MARIHUANA CLUBS & BARS S.B. 17:

COMMITTEE SUMMARY

Senate Bill 17 (as introduced 1-19-11)

Sponsor: Senator Rick Jones

Committee: Health Policy

Date Completed: 3-3-11

CONTENT

The bill would amend the Public Health Code to prohibit a person from organizing

or operating a marihuana club; or operating a marihuana bar or knowingly

allowing land or a structure on land he or she owned or possessed to be used as a

marihuana bar.

A person who violated the prohibition would be guilty of a misdemeanor punishable by

imprisonment for up to 90 days and/or a maximum fine of $500.

"Marihuana club" would mean an association of individuals with membership restricted to

those who pay money or any other thing of value to become members, whose purpose is to

allow more than one individual to use marihuana under the Michigan Medical Marihuana Act

at the same time in a private place.

"Marihuana bar" would mean property where an individual is allowed to use marihuana

under the Michigan Medical Marihuana Act, if the use of marihuana on the property is

conditioned on the payment of a fee. "Payment of a fee" would mean the payment of

money or any other thing of value. It would include the purchase of goods or services,

including those that are not incidental to the use of marihuana, and the payment of money

or any other thing of value to belong to an association of individuals.

The terms "marihuana bar" and "marihuana club" would not include any of the following:

-- Property used as a licensed hospice.

-- Property used as a licensed nursing home or skilled nursing facility.

-- Property where marihuana is legally dispensed under the Michigan Medical Marihuana

Act.

Proposed MCL 333.7421

BACKGROUND

The Michigan Medical Marihuana Act is an initiated law approved by voters in 2008. Under

the Act, a qualifying patient who has been issued and possesses a registry identification

card from the Department of Community Health (DCH) is not subject to penalty for the

medical use of marihuana if the amount he or she possesses does not exceed 2.5 ounces of

usable marihuana (dried leaves and flowers) and 12 marihuana plants kept in an enclosed,

locked facility. A primary caregiver who has a registry ID card may not be penalized for

Page 2 of 2 Bill Analysis @ www.senate.michigan.gov/sfa sb17/1112

assisting a qualifying patient in the medical use of marihuana, subject to the same

maximum quantities per patient. A physician is not subject to penalty solely for providing a

written certification for a patient who, in the physician's professional opinion, is likely to

receive therapeutic or palliative benefit from the medical use of marihuana to treat or

alleviate the patient's serious or debilitating medical condition or symptoms associated with

it.

The Act defines "qualifying patient" as a person who has been diagnosed by a physician as

having a debilitating medical condition, i.e., one or more of the following:

-- Cancer, glaucoma, positive HIV status, AIDS, hepatitis C, ALS, Crohn's disease, agitation

of Alzheimer's disease, nail patella, or the treatment of those conditions.

-- A chronic or debilitating disease or medical condition or its treatment that produces one

or more of the following: cachexia or wasting syndrome; severe and chronic pain;

severe nausea; seizures, including those characteristic of epilepsy; or severe and

persistent muscle spasms, including those characteristic of multiple sclerosis.

-- Any other medical condition or its treatment approved by the DCH.

Legislative Analyst: Julie Cassidy

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on State and local government. There

are no data to indicate how many offenders would be convicted of the proposed

misdemeanor. Local governments would incur the costs of incarceration in local facilities,

which vary by county. Additional penal fine revenue would benefit public libraries.

Fiscal Analyst: Matthew Grabowski

S1112\s17sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an

official statement of legislative intent.

 

 

I'm sorry the format sucks it looked a lot better on the page I got it from. If you want to see a cleaned up version of the bill and what we're fighting against please go to. SB 17

[BennyMac]

I also wanted to put this up here on this forumn, I just came across it. I just went on Senator Rick Jones's website and looked up the bill go to this link and see what he had to say about it. Senator Rick Jones talking about S.B. 17

[CedarSpringsCG]

However much I agree with the MMMA on we do not need more regulation (republicans once again saying we need smaller governments, less regulation, but only mean it when it affects their friends pocketbooks, not when it is rights of the people), I see his point.

 

However, if there was a club, or dispensary, that you paid a fee to be part of, or join, or get into or whatever, but it's purpose was not to injest on premises, they just happened to have a room to do it in, how would this not circumvent this bill? I mean take out this one line, including those that are not incidental to the use of marihuana, and then it's ok. However it is then fruitless as well.

 

What I don't get it the line - The terms "marihuana bar" and "marihuana club" would not include any of the following...Property where marihuana is legally dispensed under the Michigan Medical Marihuana Act. So, if it is legally dispensed under the MMMA, you can smoke it on premises?

 

So, why can't you circumvent it in this way. The MMJ users pay no fees. They are the only ones using MMJ on premises anyway. They then pay their CG for a service, dispensing MMJ. The CG then pays a fee to the club for giving him a safe place to make the transaction. Then the PT, who isn't technically a member, goes into a room and smokes out with his friends, who also didn't pay the club anything. The "Use" is no longer conditioned on payment of a fee. The "club" gave them somewhere safe to make a "legal dispensing" under the MMMA. See, unlike a bar, you can't bring in your own beer and sit there with a six pack. But this place you could bring in your own, without fee, or buy it there if you need a p2p transfer or something.

 

Anyway, I see so many loopholes in this it is a complete waste of taxpayer money and our legislature's time. Way to go Senator Jones. If your going to try and screw over PT's the whole MMJ community, at least do so with some intelligence so that we can't just step around it.

[+Silverblue]

SB17 has morphed into a different bill that is almost identical. It's mentioned on the forum somewhere, along with a bill about felons, and a DUID proposal. I'm looking for the info so I can see when they're up for consideration and/or vote.

 

Sb

[BennyMac]

Great point Cedar their are many loopholes to get around that I believe, and you are right again it's a waste. A way I thought of getting around that bill would be that the "bars" or "clubs" could not charge anything and people just give donations. If they got rid of membership fees and just said "10 dollar donation every year" etc. I think that would work wouldn't it? I think this bill is a very slippery slope to all around prohibition again on Marijuana. If this bill passes it opens a lot of other doors for these lawmakers to make stupid laws restricting patients. I also think it's dangerous physically to people because the compassion clubs help patients get in touch with reliable and trustworthy caregivers. If somebody has to get their medicine off the streets from some drug dealer they could get assaulted, murdered, robbed, raped, etc. This bill is very scary and only looks out for the dispensaries and takes away the rights of patients.

[BennyMac]

I never knew that Silver please put it on the forumn for people to see if you find it. I would like to see that.

[+Silverblue]

Here's the link to two bills, one is a companion bill to SB 17. The link is from our site.

2 Bills, one similar to sb17

 

Sb

[BennyMac]

Thanks for the update Silver.

[+Silverblue]

now we need to go to the legislature site and find out when these bills are up for consideration.

 

Sb

[BennyMac]

Another SB 17 Link Here is another document I found on the legislature site. Couldn't find out when it goes up for vote if you find it silver could you post it please. Thanks.

[+Silverblue]

Hi all here's the links to these bills, there you can get the pages that describe/define the bills and there's a section that says what's going on with them.

 

HB 4463 and HB 4397

 

Sb