Gop Lawmaker's Bill Would Allow Medical Marijuana Dispensaries

[jamieuke]

http://www.livingstondaily.com/article/20120507/NEWS01/205070308/GOP-lawmaker-s-bill-would-allow-medical-marijuana-dispensaries?odyssey=tab%7Ctopnews%7Ctext%7CFrontpage

 

 

Two raids last year of a former Handy Township medical marijuana dispensary, and subsequent drug-related charges, could have been prevented if a bill introduced in Lansing last week was in effect last year.

 

Last week's proposal, introduced by state Rep. Mike Callton, R-Nashville, would legalize medical marijuana dispensaries — an issue not clarified in the law enacted following approval of a 2008 ballot initiative to allow state-approved use of marijuana for medical purposes.

 

The now-defunct Marshall Alternatives medical marijuana dispensary in Handy Township was raided twice last year, and its owners and some staff face drug-related charges.

 

Denise Pollicella, business attorney for Marshall Alternatives, said Callton's proposal may have prevented the raids. Pollicella noted Michigan's medical marijuana law doesn't even define dispensaries.

 

Many prosecutors and courts have interpreted that to mean dispensaries are illegal.

 

"In my opinion, the Marshalls were already in compliance with what they thought to be the law anyway," Pollicella said.

 

In the Marshall Alternatives case, the owners and staff members allegedly sold marijuana to an undercover narcotics officer who posed as a card-carrying medical marijuana patient who did not have Marshall Alternatives designated as his caregiver on the back of the card. Their criminal cases are on hold pending a state Supreme Court decision on a similar case.

 

Callton on Tuesday introduced House Bill 5580, which would create the Medical Marihuana Provisioning Center Regulation Act.

 

The bill would legalize dispensaries but allow local governments to prohibit them in their communities outright, or regulate their number and location.

 

Callton, a chiropractor, said his bill addresses multiple ambiguities in the existing law, including no listed qualifications for caregivers, who cultivate marijuana for medical marijuana patients.

 

The law states caregivers can grow up to 12 plants per patient for a maximum of five patients, and have a maximum of 2.5 ounces of marijuana on hand for each patient.

 

Callton concluded after a tour of existing dispensaries that many of the facilities had run afoul of the law, such as allowing smoking marijuana inside, which he said is not allowed under the law.

 

He said most caregivers do not have the medical background that should be required to care for medical marijuana patients.

 

"I really think what the voters passed, they wanted compassionate care of certain classes of individuals, but this is not the way to do it," Callton said.

 

He said his bill would prohibit anyone with felonies from working or operating inside dispensaries. The bill would also require all potential dispensary employees to undergo background checks.

 

Callton said he was convinced his dispensary proposal was needed after meeting a 75-year-old woman who takes an oral form of marijuana to relieve symptoms related to Parkinson's disease.

 

The law doesn't allow the state to supply patients with seeds or starter plants, or give advice on how to grow medical marijuana.

 

The 75-year-old woman doesn't want to grow plants and can't find a caregiver to grow them for her, Callton said. A legalized dispensary could address her needs in a safe environment, he added, as if she were shopping in a drugstore.

 

"That's how safe these provisioning centers should be. That's how professional these places should be," he said.

 

Pollicella said she was concerned the bill could lead to local governments exceeding the authority the proposal would give them. She said the bill's wording spells out what local governments can do, but it doesn't specify that they can't make stricter rules.

 

"It's giving them the opportunity to adopt ordinances or more rules that conflict with the statute," she said.

 

Pollicella also said the bill is a step in the right direction toward a safer medical marijuana policy.

 

State Reps. Bill Rogers, R-Genoa Township, and Cindy Denby, R-Handy Township, on Friday said they were aware of Callton's bill but hadn't reviewed it.

 

Callton's proposal runs contrary to the views of state Attorney General Bill Schuette, who in December filed lawsuits in Ingham and Jackson counties seeking the closure of three dispensaries he said were "public nuisances operating in violation of state law."

 

His announcement followed a Michigan State Police investigation of what he said were illegal activities at a chain of Lansing-area dispensaries.

 

Callton said he's aware his position conflicts with that of the Republican attorney general. He noted that he's had trouble getting co-sponsors to his bill in an election year.

 

"I'm sure Schuette won't like this, but it's Schuette's job to enforce the law. It's my job to make laws," Callton said.

 

Separate legislation passed in the House last week would require a better-documented patient-doctor relationship and prohibit transportation of medical marijuana unless it is enclosed in a case, among a host of other proposed changes to the law.

 

Denby and Rogers voted in favor of the bills.

 

Contact Daily Press & Argus reporter Christopher Behnan at (517) 548-7108 or at cbehnan@gannett.com.

 

Sent from Jamie's iPhone

[Restorium2]

I would like to get Callton and Schuette in the same room and see if they can keep a straight face. These cats are working together, make no mistake about it.

[maxmax]

"I really think what the voters passed, they wanted compassionate care of certain classes of individuals, but this is not the way to do it," Callton said.

so he thinks that he know what the voters wanted but he is missing it i would say the voters wanted sick people protected first and move on from their

[maxmax]

I would like to get Callton and Schuette in the same room and see if they can keep a straight face. These cats are working together, make no mistake about it.

thats right no law maker is going to go against the a.g

[Restorium2]

So be very careful when they are playing 'good cop, bad cop', like Callton is with his quotes in that piece. They are following their scripts.

[jamieuke]

Resto- Do you know something? If so, spell it out. Otherwise, your reply belongs in the Conspiracy Theory forum.

 

Callton and many lawmakers are not intimidated by Schuette. Schuette maintains a position of power, which will remain a factor, but he has lost credibility, on this issue, with many in Lansing.

[bobandtorey]

Conspiracy Theory forum LOL you may be right people just don't trust the Government that much is true

[Restorium2]

Resto- Do you know something? If so, spell it out. Otherwise, your reply belongs in the Conspiracy Theory forum.

 

Callton and many lawmakers are not intimidated by Schuette. Schuette maintains a position of power, which will remain a factor, but he has lost credibility, on this issue, with many in Lansing.

I don't like the idea of you deciding where my posts should be. Make your own case and I will make mine.

 

Callton's comment was ridiculous taken at face value. I don't need any inside info for that one. Only someone blinded by 'something' doesn't see it, if they been paying attention.

[jamieuke]

I imagine that you don't like me asking you to actually substantiate your assertions. Particularly, since they are typically baseless, and you can't.

 

By definition, you are trying to perpetuate a conspiracy theory.

 

 

[bobandtorey]

I imagine that you don't like me asking you to actually substantiate your assertions. Particularly, since they are typically baseless, and you can't.

 

By definition, you are trying to perpetuate a conspiracy theory.

 

[Restorium2]

I imagine that you don't like me asking you to actually substantiate your assertions. Particularly, since they are typically baseless, and you can't.

 

By definition, you are trying to perpetuate a conspiracy theory.

You need to back off.

 

Here are some facts for you;

 

There is no way that you can be impartial about dispensaries because you stand to gain financially from them.

 

Since I don't use them, have seen the positives and negatives about them, have posted both sides here numerous times, I qualify better than you to be objective. Understand those facts?

 

Comment about the subject, not about me.

[Frank R]

Resto- Do you know something? If so, spell it out. Otherwise, your reply belongs in the Conspiracy Theory forum.

 

Callton and many lawmakers are not intimidated by Schuette. Schuette maintains a position of power, which will remain a factor, but he has lost credibility, on this issue, with many in Lansing.

I don't think Resto is in conspiracy territory.

 

Its a good analysis based on the standard, demostrated operating proceedures used by Michigan State Government.

 

It is not so far fetched to propose that a Michigan State Legislator may have alliances and allegiance with the Michigan State Attorney General.

Especially given that they are both staunch members of the Republican party, a party which is well know for how its members work together as a totally committed team to acheive victory for the policies of the Republican party.

 

I would in fact be stunned if their was no collusion between the AG and the House and the Senate and the Judiciary and the Governor.

If I was a Republican I would be furious if my team wasn't using absolutely every tactic to acheive full Republican domination of the operations of Local, State, National, and Global governance.

 

Conspiracy?

No, just business as usual.

Edited May 7, 2012 by Frank R

[jamieuke]

When something is suggested or claimed, that could have a profound effect on what is currently thought or believed to be the reality of the situation, and no reasoning or proof was included, I, and likely others, will ask for it to determine if it is true or if there is some compelling reason to consider it.

 

This is all I did here, and you have yet to provide any basis for your assertions.

 

I am not impartial on dispensaries, and the sky is blue.

[Restorium2]

When something is suggested or claimed, that could have a profound effect on what is currently thought or believed to be the reality of the situation, and no reasoning or proof was included, I, and likely others, will ask for it to determine if it is true or if there is some compelling reason to consider it.

 

This is all I did here, and you have yet to provide any basis for your assertions.

 

I am not impartial on dispensaries, and the sky is blue.

 

 

It's a no brainer dude. They talk. They work together. That comment by Callton is just stupid. You picked the wrong issue to attack me on. Try something else.

[jamieuke]

Frank- A lot of things "could" be going on. I am not surprised any more when facts are exposed and major conspiracies are uncovered. Just because it can be imagined and is possible, does not make it something to actually believe.

 

 

 

 

 

 

[Restorium2]

To think that Callton is going to write something and get it passed, that is totally against what Schuette wants, is ridiculous to me. That's what Callton implies with his comment. It's totally ridiculous!

Edited May 7, 2012 by Restorium2

[Restorium2]

Well, that's what I meant.

That is saying something completely different than what you were saying above. And I agree.

 

Of course he must take Schuette (and the rest of the police that are going to be enforcing the law on dispensaries) into account, but he is not going to let Schuette set the rules for dispensaries. He has strong opinions on the subject himself.

 

 

I'm glad we agree. It's what I meant all along.

[Restorium2]

I'm just going to say it again for clarity.

 

 

To think that Callton is going to write something and get it passed, that is totally against what Schuette wants, is ridiculous to me. That's what Callton implies with his comment. It's totally ridiculous!

[Restorium2]

This was where you went too far. While I agree that Callton may be voicing a bit of bravado about what he will be able to get away with, I do not believe that he and Schuette are acting out a puppet show for you.

You squarely put it in the realm of possibility with your qualifier 'I (do not)believe'.

 

We both have our ideas and what we believe. I like the term 'reality show' better than 'puppet show'. I believe a lot of what we see out of our politicians is akin to a reality show. Sometimes it IS a puppet show though, like with Bush and Reagan.

Edited May 7, 2012 by Restorium2

[Restorium2]

All grow language needs to be removed.

 

There is absolutely nothing to gain by having it in there. There is everything to lose by having it in there. Why is it even in there? I do not trust Callton with this at all. No matter what kind of 'bravado' he slings. This is a 'Tails I win, Heads you lose', coin toss.

 

Second;

Letting any municipalities think they are in the drivers seat is a recipe for trouble too. Especially when you start mentioning GROWING, and commercial zoning, in the same bill. Some of the wording is too stupid to be unintentional, in my opinion.

[Dilligaf]

All distribution outlets should not be allowed to grow, they should be forced to rely on caregivers and patients for their supply. If they can grow their own then they will not accept excess meds from outside sources.

 

Mike

[Restorium2]

My goodness we agree again.

 

Of course we do. Our motives probably line up fairly closely.

[Franklin]

All distribution outlets should not be allowed to grow, they should be forced to rely on caregivers and patients for their supply. If they can grow their own then they will not accept excess meds from outside sources.

 

Mike

Ditto . Michigrown by a Michigander !

[jamieuke]

Understand, that if a dispensary "grows their own", it would require the municipality deciding to allow for both distribution and cultivation first. Then, the municipality would decide where in non residential zoning either or both could take place, and then the plants would need to be licensed under a caregiver or caregivers, not an entity.

 

However, the cultivation language could still be removed by amendment. More importantly, continue to educate Callton and other lawmakers with the problems and potential issues with allowing for large commercial grows.

[Restorium2]

We have little to no control over Callton, or any reps, other than The Four.

 

Begging for amendments is where this, your submitted wording, has put us? That's a dirty shame and it shouldn't have come to this. You should have left the grow language out.