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Thursday, March 29, 2018

Michigan News - April 2018 - by Kathy Hess

Police, Pot & Traffic Stops

MICHIGAN- State Police made a traffic stop and then a drug arrest last month on Interstate 275 in Wayne County.  This is becoming more and more common as folks are not following laws in regards to how much someone can transport at one time. Troopers often stop vehicles for speeding on the freeway and then smell marijuana while collecting the driver's information.

In this particular incident last month on 275, searching the vehicle, the trooper found 3 pounds of marijuana, 4.7 ounces of shatter, 54 hash oil cartridges and 23 grams of marijuana wax.
Michigan State Police posted a photo stating the driver was indeed arrested. "Unfortunately, we see this quite a bit, mostly opioids, marijuana, and heroin," Shaw said adding the sentence varies by the prosecutor, court and previous convictions.
After the drugs are confiscated, as required, police incinerate it.

Green Goggles?

LANSING-The Michigan State Police (MSP) is in the market for marijuana impairment goggles -- 70 pairs.  According to the official invitation-to-bid document from the state procurement website, the goggles must "provide an experience of cognitive impairments associated with marijuana use."

Further, the goggles "will let users experience the simulated effects of distorted processing of visual information and alteration of visual perception, slower decision making and loss of short term memory."

The MSP's Office of Highway Safety Planning only has one pair of such goggles right now, which are used in "interactive ways with teens and adults" including in driving simulators, said MSP spokesperson Shanon Banner.

They're similar to alcohol goggles, which are also used for educational purposes to help motorists understand the effects of driving under the influence.

Unfortunately with just a single pair the marijuana goggles, they can't make it to many impairment seminar events because they're already in use at another event, Banner said. MSP is bidding for 70 more pairs of goggles, which will be shared among other law enforcement agencies in the state besides
the MSP.

Banner said the purchase would be made with federally restricted transportation funds specifically for impaired driving.  The invitation-to-bid document also stipulates the purchase must be for "plastic goggles with green lens" and a "durable elastic strap." 

“We can understand the request for durable elastic strap,” said one patient when asked about his feelings on MSP’s request, “but why are the lenses required to be green?  I’m not sure who wrote this request up, but clearly they have never sampled marijuana.  Cannabis users don’t view everything as “green” after taking meds.  In fact I’m not sure how well these goggles would work anyway, I remember the “alcohol goggles they had us try in high school to prevent drinking and driving and they were a joke.  It seems like another waste of money to me.”

Cease and Desists

LANSING- From  the northern cities like Traverse to southern ones like Detroit, Michigan State Police and agents of the state's medical marijuana regulatory agency have been acting to shut down non-compliant cannabis-based businesses. The action comes in the form of Cease and Desist letters directing targeted companies to halt operations or face lawsuit.

Forty medical marijuana businesses across Michigan got an unpleasant visit Thursday, March 15th, ordering them to stop operating.  And those visits are just the beginning. Hundreds more are expected to get cease and desist letters in the
coming days.

"Field personnel from the Bureau of Medical Marihuana Facilities Licensing Division Enforcement Section – accompanied by a Michigan State Police trooper – have begun physically serving cease and desist letters to marihuana businesses that are not in compliance with Emergency Rule 19," said David Harns, Public Information Officer, Department of Licensing and Regulatory Affairs.

The letters come after last month's expiration of a crucial deadline for existing industry compliance with the state's new Medical Marihuana Facilities Licensing Act program.  Harns wouldn't say what businesses got the cease and desist letters or how the state had identified them, but we can safely assume most were probably dispensaries that have been operating outside of Michigan's medical marijuana laws.

The emergency rules "permits an applicant for a state operating license to temporarily operate a proposed marijuana facility under certain conditions," the cease and desist letter read. "In order to comply with this rule, a temporarily operating facility must have applied for a state operating license by February 15. ... A person that does not comply with this rule shall cease and desist operation of a proposed marijuana facility."                           
                         
Businesses who failed to obtain the letter, or who have not begun the applications process, are not in compliance with the state's regulations and are subject to closure under the authority of the MMFLA. According to eyewitness reports from those who experienced being served with the letter, the LARA agents involved cited a "list" of companies the state believes are operating in violation of the Emergency Rule 19 requirements.
Last month’s round of Cease and Desist letters is the beginning of the end for many Michigan businesses in the five industries regulated by the MMFLA program: cannabis cultivation, processing, transportation, testing and retail sale. Media reports have stated LARA anticipates issuing the first round of MMFLA licenses in April.

So far 378 applications have turned in applications to pre-qualify for a license, which means that the business owners are going through the state background check, but still need to get approval from a town that has passed an ordinance allowing medical marijuana businesses. Another 117 applications — including 43 growers, 20 processors, 49 dispensaries, 2 secure transporters and 3 testing facilities — have been turned in that include approval from a local community.

Child Abuse Charges Levied

BAY CITY- Three people are facing criminal drug and child abuse charges after allegedly smoking marijuana in a hotel room they shared with three small children.

On Feb. 16, Bay County Sheriff's deputies responded to the Econo Lodge in Frankenlust Township (located in Bay County) after someone reported the smell of  marijuana on the premises. The responding deputies smelled the distinctive odor in the first-floor hallway, which grew stronger until they identified the room it was originating from.

The deputies knocked on the room's door and were greeted by 25-year-old Amber L. Miller, who had rented the room. Deputies advised Miller of the smell, something she apologized for. She allowed deputies into the room, where they encountered Jeremy L. French, 28, and Ashley M. Briggs, 26. Miller allowed deputies to search her duffle bag. Inside it, deputies found two plastic bags containing pot, a small container with marijuana wax, a smoking pipe, and a vaping pen.

Also in the room were Miller's 6-year-old son and French's 7- and 2-year-old daughters, the elder of the two also being Briggs' daughter. On March 13 warrants were issued for the three adults related to the Feb. 16 matter. On March 19, all three appeared in Court for arraignment.  Briggs and Miller are each charged with single counts of fourth-degree child abuse and possession of marijuana or synthetic equivalents. French is charged with two counts of fourth-degree child abuse and one count of second-offense possession of marijuana or synthetic equivalents. Fourth-degree child abuse is punishable by up to one year in jail.

The Green Wave in Chesaning

SAGINAW- The County Board of Commissioners held a meeting Tuesday, March 20th where people opposed to the measure of more land allocated for the cannabis green land rush in Saginaw County were vastly outnumbered by its supporters, Chesaning’s hopefuls for a local budding marijuana industry.

The board approved annexation of 19 acres from the Chesaning Township to the village of Chesaning to further promote the business and economic development.  All commissioners except one (Dennis Krafft) voted for the annexation.

Zach Chludil, Chesaning resident and co-founder of Plant Life, said the land will be used to grow marijuana for medical reasons and then shipped to dispensaries across the state. The land, previously used by the Peet Packing Co., sits on the property line of the village and township.

"We have been trying to get annexed into the village so we can be a part of the medical marijuana ordinance," Chludil said. Plant Life LLC will run an organic medical marijuana growing operation that is projected to create 320 jobs over the next
five years.

June 2017, the Village Council opted into the state medical marijuana facilities act.

"The township is kind of archaic in their mindset and very non-progressive and they're completely against it," Chludil said. "It's just a moral issue with marijuana, so they're completely against it. They fought the annexation tooth and nail to prevent us from being able to use the Farmer Peet facility, which we own. They would rather see it stay vacant rather than have a
viable business."

"Today is a great day for the village of Chesaning the township of Chesaning, Saginaw County and the state of Michigan because everyone is going to win," Chludil said. "Everyone is going to get quite a jolt of economic stimulation out of this."

The next step for Plant Life is to submit an application to the village for a medical marijuana facility. The Village Council passed a 180-day moratorium on new applications for medical marijuana facilities that will go into effect on July 1, but the council will still accept applications until then.

As of February, the Village Council approved licenses for two provisioning centers or dispensaries and several grow/process facilities.