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Monday, October 5, 2020

Michigan News - October 2020

 



Psychedelic Plans and Fungi Decriminalized in Ann Arbor


The City of Ann Arbor has passed by unanimous vote on Sept. 21st a resolution that decriminalizes plants and fungi that contain indole amines, tryptamines, and phenethylamines ‘that can benefit psychological and physical wellness, support and enhance religious and spiritual practices, and can reestablish human’s inalienable and direct relationship to nature.”  On the list of substances this applies to are ayahuasca, ibogaine, mescaline, peyote, and psilocybin mushrooms, among others.

City council went so far as to contact the Washtenaw County prosecutor’s office and ask that prosecution of people involved in these types of plants and plant compounds immediately end.

Council members who had previously disagreed with the move found themselves swayed by proponents in recent months.  Arguments citing medical and spiritual benefits, as well as mental health treatment, being foremost considered.  

he resolution states that psychedelics can also be used for opioid addiction, PTSD, depression, anxiety, trauma, and other conditions where conventional treatments are found to be ineffective, and places them in the city’s lowest law enforcement priority.  It does not authorize or enable the commission of any crimes, according to council members, and any significant violation of state or federal law or any use of entheogenic plants that poses a threat to public health, safety and welfare still could result in city law enforcement involvement.

The lowest law enforcement priority ordinance is a drug law reform technique spearheaded by Chuck Ream during local ballot initiatives for marijuana in Washtenaw County.  Working with Julie Barron, the two founded Decriminalize Nature Ann Arbor to convince the City Council to do the right thing.



Ream explained in between trimming some recently harvested sticky buds, “It was nice to not be the leader this time.  We had a great group with help from the Decriminalize Nature Oakland group who has a great website that can help many other communities around the country.  Victory is the highest high.  There is no high like when you smoke a joint after a great victory after a long haul.  Life is my video game.”


Locals Vote on Pot Shops in Pinckney

Pinckney may become the first community in Livingston County to embrace tax and regulated marijuana. On November third voters will choose whether cannabis facilities will be allowed to be license locally under the state regulatory system. The local township originally denied the petition. Sam Pernick, a cannabis activist and local consultant from Royal Oak led the charge and won in the Court of Appeals to force the township to place it on the ballot.

Benzonia Township petition to ban pot shops failed after numerous attempts due in part to amateur petition drafting, which lends to the idea that stoners are better petition drafters then squares that oppose. 


Expungement Passes the Michigan Chambers

A package of nine bills passed both the Michigan House and Senate that will give hundreds of thousands of Michigan residence with old low-level crime convictions a clean record. HB 5120 would allow for the expungement of some marijuana offences. Some cannabis activists in Michigan are less then pleased, saying that these bills don’t go far enough. HB 5120 does not allow for expungement for offenses that are now legal in Michigan, particularly for those that grew and delivered marijuana. Only basic possession of marijuana can be expunged. 

People working on behalf of the cannabis community in support of these bills say they are the best step forward at this time.  Most of these bills passed without a single no vote, and is a feather in the cap for lawmakers that have been working to reform old drug war policies.

Don't Search My Backpack, Mr. Officer

In a recent unpublished Michigan Court of Appeals (COA) opinion, People vs. Mead, the COA acknowledged its mistake and the trial court was reversed by the Michigan Supreme Court (MSC) for not suppressing evidence for an illegal search of Larry Mead’s back pack despite the driver’s consent to search the vehicle. Mead was a passenger in a traffic stop in May of 2014. The arresting officer gained consent from the driver, who admitted she did not have a valid drivers license, to search the vehicle. Larry was holding his backpack at the time and the officer failed to ask for permission to search it. The backpack contained scales, marijuana and meth, so Mead was arrested and charged. 

Mead moved to suppress the evidence as fruit of an illegal search, which was denied, and Larry was convicted. He was denied at COA, but vindicated by the NSC when it overturned the conviction finding that his fourth amendment rights were violated. The opinion is set to be published.