By Ben
Horner
Things in the medical marijuana community are in a
constant state of flux, as it seems the rules are changing constantly. Many
growers in Michigan are suspicious of currant legislation to regulate dispensaries
and how it could restrict grower’s rights. There is widespread concern about
how cannabis should be cultivated and if caregivers will have a place in the
future.
Several groups are mounting efforts to explore
future legalization efforts here in Michigan, but very few understand how to
successfully accomplish this task.
I asked Tim Beck to way in on some of these tough
questions. Here is what he had to say.
Question 1: What is
the point of the local initiatives in Ferndale, Lansing and Jackson to
decriminalize procession of marijuana for adults over the 21? Doesn't Sate law
trump these local initiatives?
Beck: The purpose of these initiatives is to
further legitimize cannabis for medical as well as personal use and ultimately
lead to the legalization and regulation of cannabis similar to the way
alcohol and tobacco are treated.
When
these initiatives pass by overwhelming majorities this November, like similar
ones did in Detroit, Flint, Grand Rapids and Ypsilanti in 2012, Kalamazoo in
2011, and Ann Arbor in 1973, most every major City in Michigan will have spoken
loud and clear as to what they want public policy to be. While it is true state
police, county sheriff deputies and even local police can arrest and charges
someone under state law, generally they (local police) do not, and state
police and county sheriffs have other priorities then busting small time
cannabis users.
With the exception of Flint, officials in every
city, which passed these ballot initiatives, have made it clear in one way or another;
cannabis users are going to get a break. Be assured, politicians in Lansing pay
very close attention to these initiatives, and ultimately these
victories will result in changing state law for the better.
Question 2: What are
your thoughts about the Provisioning Center Bill HB 4271 and the
Decriminalization Bill 4623? Do they have a real chance of passing and how will
they affect further marijuana drug law reform?
Beck: HB 4271 has an excellent chance of passage by
the end of 2014. It is the top priority among sophisticated, affluent members
of the community who have clout in Lansing. It is absolutely essential this
bill pass for the sake of our most vulnerable medical patients, who need safe,
convenient access to their medicine. Members of the community who prefer to
grow their own or function as a caregiver are fully protected under this bill.
The right to grow and be a caregiver is absolutely essential until at least
federal law changes. When this bill becomes law, Michigan will be one of the
best medical cannabis states in the entire USA.
HB 4623 is a good bill, but its chances of passage
are more problematic. It is likely to pass in the House, especially after House
Speaker Jase Bolger praised the concept of decriminalization last week in the
Detroit News.
The Senate is a horse of a different color and
Senator Rick Jones, the powerful Chairman of Senate Judiciary has said in so
many words he does not like decriminalization. Unless he changes his mind down
the road, chances of the bill making it through the Senate are dim.
That said, we must never give up hope and we must
keep fighting, especially in passing local decrim ballot initiatives.
Ultimately I have found Rick Jones to be an honest, pragmatic man. If he is given a good reason to reevaluate
his position based upon new information and political realities, he is not a
hopeless case, as some in the community believe.
In the end game, if both these bills pass, I may
have to find a new political cause, because most of what I have been working on
for many years will have become reality in Michigan. Honest, well-regulated
provisioning centers will ultimately become the equivalent of liquor stores in
a scenario where cannabis is legal under a tax and regulate legal model.
Question
3: During recent house judicial committee meeting, public input was
received about "marijuana in general" rather then discussing the
actual bills (4271 and 4623), what does that tell us about how lawmakers are
approaching this subject?
Beck: In spite of denials, obscure statements and
coded talk by some players, the House Judiciary Committee hearing really was
about these two bills, primarily HB 4271; otherwise this event would never have
taken place from jump street. The Committee members used this hearing to glean
information and see which way the wind was blowing before they make their next
move. They now have their ducks in a row and the next step in the process will
be a formal hearing, at least on 4271.
Question
4: The Feds have been active on the west coast, targeting high volume
marijuana production and distribution groups related to medical marijuana. Is
this a sign of future attacks from the Feds in Michigan or is this limited to groups
that are obviously outside of the scope or spirit of the medical marijuana
laws?
Beck: The Federal action on the west coast was a
political move by the Obama administration to inoculate itself from Republican
attacks in the 2012 election. Obama could do anything he wanted in California
and he would still win California's electoral votes. The feds came down hard in
Montana too and that was also risk free, since Montana's three electoral votes
would never go to Obama anyway.
The one serious attack by the DEA in Michigan on
the "Lansing Seven” was an anomaly, to put the fear of federal authority
into cannabis businesspersons in general. It is not part of a trend.
The thing we all need to pay close attention to, be
what if anything the administration will do in Colorado and Washington State,
which have gone the route of full legalization. That will really tell us which
way the wind is blowing.
Question 5: Do you
see a place for local growers and farmers markets for marijuana or do you see
marijuana ending up as a highly control closed system like alcohol and tobacco?
Beck: In the event of legalization, it will be a
hodge-podge of rules, which vary from state to state and maybe even county by
county. In some counties in Kentucky, Missouri, Kansas and the American Bible
belt in general, it is still illegal to purchase alcoholic beverages in these
places.
Question
6: What should we read from recent republican Michigan speaker of the
House calling for marijuana law reform? Are the Democrat the biggest roadblock
and how does local a state initiatives effect up coming elections for
politicians from both parties?
Beck: As
I mentioned earlier, Speaker Bolger's recent pronouncement was extraordinary,
and totally unexpected. It bodes very well for the community down the road. Mr.
Bolger is a very powerful and cautious man, so this statement must be taken
seriously.
The Democrats at this point are preoccupied with
survival. If it is to their advantage to get on board with cannabis reform they
will do so. If it is not, they will attempt to block it just to screw the
Republicans. In any event, they are not in power. The Republicans, by a simple
majority, easily have the votes to do anything they want. The only power
Democrats have over cannabis policy in Michigan is if there is a further
attempt to change the Michigan Medical Marijuana Act, which requires a 3/4
super majority. The Democrats have real power only in that situation.
The local initiatives are absolutely vital. The
most accurate political poll in existence is an election, when real votes are
counted. It doesn't get any better then that.
