Suits to Resurrect MILegalize 2016 Initiative Failing, Attention Turns to 2018
We have previously reported on twin court battles challenging a now-rescinded state policy on “rehabilitation” of petition signatures that kept MILegalize from making Michigan’s 2016 ballot. Coverage can be found at the links below:
Last week, the U.S. Supreme Court closed the door on one of these challenges, rejecting without comment a petition for certiorari that asked the Court to hear a challenge to the decisions of Michigan’s appellate courts.
The other litigation effort to belatedly save the 2016 MILegalize initiative appears to be languishing before Judge Parker in the U.S. Eastern District Court for the Eastern District of Michigan. The State of Michigan filed a motion to dismiss that case back in October, and briefing on the motion was complete on December 9, 2016. No further action has been taken by the court in that case.
With efforts to salvage the 2016 initiative apparently stalled, MILegalize has joined with the Marijuana Policy Project in preparing a draft of an initiative for 2018. As we wrote last week, anyone with comments on that draft has been asked to submit comments by this Saturday, February 25. In the meantime, MILegalize has scheduled a $500 per ticket fund raising event in Detroit for March 23.
Marijuana-Themed Memorials Are Here for Your Coolest Departed Loved Ones
Disclaimer: This blog starts out as a bummer, but picks up quickly afterwards.
A memorial for a loved one is meant to serve as a testament to their memory. It’s common, then, for people to be interred in a way that displays their personality. Maybe they’re buried with copies of their favorite music, or maybe their tombstone displays their unending wit. But what if Grandma’s favorite hobby was of a, ahem, “higher” calling? The answer, of course, is found in the internet. Perfect Memorials, an e-commerce business focused on cremation urns and jewelry, has released a line of marijuana-themed memorial products.
Perfect Memorials Makes Marijuana-Themed Memorials to Remember Your Awesome Grandma By
Perfect Memorials’ cannabis line has made it possible to cherish the memories of your awesome, pot-smoking Grandma. Their product line includes a wide selection of urns and cremation jewelry that all contain beautiful engravings of pot leaves. If your loved one has been cremated, you can keep a portion of their ashes in a memorial that will be an important and valuable aspect of their personality. A couple examples of Perfect Memorial’s marijuana-themed products are below.
Marijuana-Themed Memorials: Urns — Funeral urns are vessels that hold the ashes of the deceased. Their small size makes them easy to keep in the home, remaining close to loved ones. Perfect Memorial’s selection of urns varies in size and complexity, from this small box with a simple engraved pot leaf, to an extra-large chest with a field of cannabis on the front.
Marijuana-Themed Memorials: Cremation Jewelry — Cremation jewelry includes pendants and other pieces of jewelry that are designed with a hollow body to hold a portion of the deceased’s ashes. This jewelry is the perfect way to carry the memory of your loved ones with you, and Perfect Memorial’s marijuana leaf-engraved jewelry can help you remember a favorite hobby that you shared! Cremation jewelry typically has space for a small amount of ash, or other substances, to help you remember a dear friend or relative.
It’s a Budding Market
If pouring out a drink can become a cultural idiom for remembering a loved one, then it’s no surprise that puffing one out, so to speak, can become one too. On a larger scale, this is just another tangible sign that pot is becoming more and more acceptable in American culture. We know that 60% of US adults believe that marijuana should be legalized and one in eight say that they currently smoke it, double from what it was just 3 years ago. On a more personal scale, this growing level of acceptance means that you can honor your loved ones’ memory openly, publicly, and as they would want to be remembered.
You can check out all of Perfect Memorial’s marijuana-themed urns and memorial jewelry on their website. Feel free to comment with ideas for how to best remember your pot-smoking loved ones below.
Michigan’s Joint Committee on Administrative Rules: Profiles of House of Representative Members
We have previously written on how amendments to Michigan’s Administrative Procedures Act have given greater power to the Legislature’s Joint Committee on Administrative Rules (JCAR). As the State develops regulations to implement the new Medical Marijuana Facilities Licensing Act (MMFLA), JCAR can exercise significant influence on the content of those regulations.
Not since the 1990’s, and the creation of rules to govern the advent of commercial casino gaming, has Michigan promulgated comprehensive regulations for a whole industry. Given legislative term limits, none of the members of JCAR were involved in that process. But who exactly are the members of JCAR, and what is their background when it comes to marijuana policy?
JCAR is comprised of five State Senators and five State Representatives, three Republicans and two Democrats from each chamber. The chairmanship of JCAR alternates between chambers each session, with Rep. Steve Johnson (R-Wayland) now serving as chair. This week, House Speaker Tom Leonard announced the appointment of Rep. Jeremy Moss (D-Southfield) to replace now-former Rep. Brian Banks (D-Detroit), who resigned last week. That brought JCAR to its full complement of ten members. Today, we provide background on the House members of JCAR:
Chairman Steve Johnson (R-Wayland): representing conservative Allegan and Kent Counties, Chairman Johnson is a freshman representative with no prior state government experience. He’s an Air Force veteran, who touts his Christian beliefs as providing guidance for his decision making. Of note to those in the marijuana industry who have a libertarian bent, Chairman Johnson is a co-sponsor of a state constitutional amendment that would guarantee that electronic data and communications are secure from unreasonable and warrantless search and seizure.
Shane Hernandez (R-Port Huron): representing Port Huron and Lake Huron lakeshore communities to the north, Rep. Hernandez is also a freshman representative with no prior state government experience. A self-described conservative Republican, he has been the vice president of an architectural firm. He too is a co-sponsor of the proposed state constitutional amendment to protect electronic data and communications.
John Reilly (R-Oakland Township): represents northern portions of Oakland County. After 20 years in automotive test engineering, Rep. Reilly started his own home services business, which he has run for over a decade. He, too, is a freshman representative with no prior state government experience. A father and grandfather, he has already begun to focus on education matters.
Andy Schor (D-Lansing): represents the City of Lansing. Unlike his Republican counterparts, Rep. Schor is in his final term in the State House and has a track record on medical marijuana, having voted in favor of both the MMFLA and legislation allowing for infused products. Prior to serving in the Legislature, Rep. Schor served in the administration of former Gov. Jennifer Granholm and for ten years as an Ingham County Commissioner. Rep. Schor is widely reported to be considering a challenge to Lansing Mayor Virg Bernero in this year’s city elections. With Lansing having become an epicenter of marijuana dispensaries, he may have a keen interest in this rulemaking process.
Jeremy Moss (D-Southfield): Representing Southfield, Rep. Moss is in his second term. He voted in favor of both the MMFLA and the infused products legislation last session, during which he served as vice chair of the Local Government Committee. Prior to his election to the House, Rep. Moss served on the Southfield City Council.
With three of the House members of JCAR being freshmen, they do not have a track record with respect to medical marijuana, meaning advocates will need to educate them on Michigan’s history with the associated issues, and the intent behind the MMFLA and infused products bill. As we will see in our next post, this stands in marked contrast to the Senate members of JCAR.
As the rulemaking process in Michigan continues to unfold, check back here to Dykema’s Cannabis Law Blog for further updates.
Michigan Coalition to Regulate Marijuana Like Alcohol Releases Draft Initiative for Comment
Today, the Michigan Coalition to Regulate Marijuana Like Alcohol released its draft initiative. The Coalition is accepting comments until Saturday, February 25, so those wishing to weigh in should do so quickly.
Michigan Seeks Input on Multiple Licenses and Co-Location
As the State of Michigan moves forward in developing rules to implement the State’s new Medical Marijuana Facilities Licensing Act, the Department of Licensing and Regulatory Affairs (LARA) today reached out for stakeholder input on critical issues—whether and how applicants can seek multiple licenses and co-locate operations under different license classes. Specifically, the Director of LARA, Shelly Edgerton, issued the following statement and request:
Many of you have been made aware during previous meetings or conversations regarding the new Medical Marihuana Facilities Licensing Act, 2016 PA 281, that the Department of Licensing and Regulatory Affairs (LARA) was considering holding discussions to get feedback from those who have expressed interest in certain related topics or the new law in general. To examine issues that have been brought to LARA’s attention while working to implement the law, LARA is therefore seeking comments from interested parties on the topics of license stacking and co-locations as it relates to the licensed categories. The purpose of this document is to gather information only and is not meant to interfere with the authority of the Board or Advisory Panel procedures when they are appointed as provided under the Act.
To that end we are asking for your input by responding to the questions below. We are only asking for brief answers, or comments limited to a short paragraph or a few sentences. Please provide your responses by 5:00 p.m. on Tuesday, February 28th, 2016. After the responses are compiled, a meeting and/or conference call may be scheduled if appropriate to review the responses and receive additional input. Please submit your responses to email@example.com.
Questions: Topics: License Stacking and Co-locations
Should an entity be permitted to have more than one grow license at a single location?
Should an entity be permitted to have more than one level of grow license at a single location?
Should multiple licenses issued at a single location be restricted to Class C grow licenses only?
Should the licensed growers, processors, and provisioning centers be allowed to apply for multiple licenses?
Should a demonstrated ability to sell inventory be required as a prerequisite to issuing additional licenses at a single location? If so, what percentage of inventory over how long of a period?
Should different entities operating at the same location be required to have common ownership interests?
A few other states, such as Colorado, allow growers and processors to operate at the same location and allow license stacking. Should license growers and processors be allowed to operate at the same location?
There has been some mention of possible safety and security concerns if licensed growers, processors, and provisioning centers are all operating at the same location, such as one building. Should growers, processors, and provisioning centers be allowed to operate at the same location?
We can anticipate that LARA will continue to solicit stakeholder input, although LARA’s statement noted that its work on the rules is to be in consultation with the yet-to-be-appointed Medical Marijuana Facilities Licensing Board and Advisory Panel. Given that the formal roles of advisory panels are fairly limited under the Michigan Administrative Procedures Act, the new Board and LARA will have some discretion with respect to how deeply they involve the Advisory Panel. While it remains to be seen what opportunities will be provided for public input into the rulemaking process (apart from those required under the APA), LARA’s initial outreach here is a promising first step.
As the rulemaking process in Michigan continues to unfold, check back here to Dykema’s Cannabis Law Blog for further updates.
The Following Ganjamole recipe was given to us by the band Tribe Society. Check them out when you get the chance.
4 Haas avocados
1 sweet white onion
2 small heads of garlic
1 cup of small cherry tomatoes
1 ounce of Basic marijuana olive oil (recipe below)
1 level of teaspoon paprika
1 level of teaspoon chili powder
½ teaspoon of cayenne pepper
Cracked pepper and sea salt to taste
Marijuana Olive Oil Ingredients
3.5 cups of virgin olive oil
1 ounce of weed
Marijuana Olive Oil Directions
Heads up friends: this makes more than you will need for your Ganjamole!
First, grind up your weed like crazy. Put your olive oil in a saucepan and turn the burner to medium – don’t let the oil reach boiling point! – and then add the ground up weed.
Now your job is to stir the weed and olive oil mixture often and to not let it boil. If it does begin to boil, remove it from the heat, turn the burner down, and stir the mixture ‘til it cools down.
Let the ganja cook in the oil for at least an hour, preferably two if you have the time.
After 2 hours or so, remove your olive oil from the heat and let cool. Once it is cool, strain your olive oil mixture (using a cheese cloth) into a bowl making sure you strain ALL the oil out of it.
You now have cannabis olive oil for your Ganjamole or any other thing you want to cook with it!
’cause you’re probably already baked and forgot how to make ganjamole…
The first step is to put on some good tunes and then follow the following directions:
Take avocado out… Dice it
Take white onion out… Dice it
Take garlic out… Dice it
Take cherry tomatoes out…. Dice it
Take Basic marijuana olive oil out… Mix it
Take your paprika out… Mix it
Take your chili powder… Mix it
Take your cayenne pepper… Mix it
Squeeze lime in… Mix it
Ok, maybe you don’t need to mix each item in separately, but I think you get the idea. Now you got yourself a party favorite, GANJAMOLE!
About Tribe Society
Not just another stoner band, Tribe Society blends the iconic alt/rock stoner sound with thumping urban beats. You can hear this in the band’s latest single “Smoke Out the Window”. In addition to the recipes, we would ask that you share the band’s single as well.
State of Michigan Issues RFP for Marijuana Seed-To-Sale Tracking
As Michigan continues to move forward in establishing a regulated system for its medical marijuana program, the State’s Department of Licensing and Regulatory Affairs (LARA) this week issued the Request for Proposals for a “seed-to-sale” monitoring program. This statewide monitoring program is required by Public Act 282 of 2016, and all licensees in the new system will be required to participate in the program.
LARA’s RFP requires any bidders to submit questions to LARA only in writing through the State’s procurement process, with those questions due February 9, 2017. Attempts to contact LARA other than through this process can result in a bidder’s disqualification. Bids themselves are due March 2, with an anticipated commencement date for the contract of June 8, 2017.
Back in the early 70’s, I was working as a machinist in Vermont. I began experimenting with different pipe designs because I wanted a more practical, durable and affordable smoking device. I wanted something that was portable, something that was not wasteful, something that I could extinguish and re-light at a later time, something I could use in an instant.
After a few trial and errors, I machined a small, pocket-sized pipe with a screw-on cap. I knew I had a great product and eventually acquired my own lathe and milling machine to build these pipes in my basement. Through the years, I must have hand made over 200 pipes for friends who kept advising me to market my product. In my early retirement days, I found a means to mass produce my invention. At the last moment, with my daughter’s advice, a sleeve was added to the stem of the pipe to prevent overheating of the mouth piece.
I was finally able to offer this fine product to the public, and the InstaPipe was born. I still use the very first InstaPipe I made over 40 years ago. Check it out at http://www.TheInstaPipe.com
As the State begins the process of creating rules for the medical marijuana industry, recent amendments to the rulemaking process will give the Michigan Legislature greater influence over the outcome.
The Administrative Procedures Act (APA) governs the process by which state agencies promulgate rules. The APA spells out numerous steps to create rules, beginning with a request for rule-making to the Office of Performance and Transformation (OPT) and ending when the rules take effect upon filing with the Secretary of State.
Toward the end of the rulemaking process, proposed rules must be submitted to the Legislature’s Joint Committee on Administrative Rules (JCAR). JCAR may object to proposed rules, but may only do so on specific grounds, such as the agency lacks statutory authority for the rules, the rules are arbitrary or capricious, or the rules are unduly burdensome to the public or to a licensee. Until recent amendments to the APA, if a notice of objection was approved by a majority of JCAR, JCAR’s option was to introduce legislation to rescind the offending rules. However, the bill to rescind offending rules had to be approved within 15 session days, or else the agency’s proposed rules would nevertheless go into effect.
Public Act 513 of 2016, signed by Governor Snyder last month and effective on January 9, 2017, gives JCAR two more options in the rulemaking process: (1) to suggest changes to the proposed rules, or (2) to propose a legislative alternative, and delay the proposed rules for 9 months.
First, upon reviewing proposed rules, JCAR may now recommend that the agency make changes. If the agency agrees to do so, it must withdraw the rules and submit the new revised rules to OPT. OPT will then analyze whether the new rules are less burdensome than the original proposal. If so, some APA requirements for further analysis are waived. In any event, though, the revised rules will again go before JCAR, causing some delays in the process. If the agency does not agree to change its proposed rules, JCAR may proceed to file a notice of objections.
Second, JCAR may now decide to introduce legislation to enact the subject of the proposed rules into law. In other words, JCAR can propose a legislative alternative. Practically speaking, if the agency declines to change proposed rules upon a request from JCAR, it can be expected that JCAR will submit such legislation. If JCAR introduces a bill in the Legislature, then the Secretary of State may not file the agency’s proposed rules for 270 days. If the proposed legislation is defeated in either the Senate or the House, then the agency’s proposed rules may be filed.
The net effect of Public Act 513 is that JCAR can significantly delay the effective date of new regulations and rules if JCAR does not agree with their contents. If JCAR asks the agency to change its rule and the agency agrees, OPT will have to evaluate the costs of the new rule, which will take time. Moreover, there is nothing in Public Act 513 preventing JCAR from asking the agency to change the rule again, lengthening the process further. In addition, JCAR now has more authority to introduce legislation, which could also lengthen the rulemaking process. Previously, JCAR could only introduce legislation after it filed an objection, which can only be done in certain circumstances. In contrast, under Public Act 513, JCAR can now introduce legislation without limitations. Further, JCAR’s bill could be in the legislature for up to 270 days, rather than the 15 session days under the previous law.
As new rules are proposed for the Marijuana industry, the administration will need to be more conscious of JCAR’s preferences for rules. Failing to account for JCAR’s views could make it impossible for rules to take effect in time for license applicants to file for licensees this year.
Marijuana may be safer than alcohol and tobacco but that still doesn’t provide a leeway for one to use it carelessly. In fact, if you consume more than the recommended dose, it can leave you very uncomfortable for several hours.
Marijuana edibles come in handy for people who want a discreet and healthy method of consuming cannabis. Nevertheless, they take at least 30 minutes before they are synthesized. During this time, an inexperienced user could think that the delay is as a result of an insufficient dose and choose to consume more. This exposes them to potential marijuana intoxication once the drug begins to take effect.
Some issues associated with cannabis intoxication include rapid heart rate which increases the chances of heart attack, mental confusion causing one to be unaware of their environment, hallucinations, panic attacks, and extreme paranoia. No need to worry, though, since you can ensure your wellbeing by using these 7 tips for safe consumption of marijuana-infused drinks and edibles.
Read and Understand the Labels The law demands that edibles are labeled to show the amount of THC or recommended servings for each package. If you purchase a chocolate bar labeled 100 milligrams THC, have in mind that if you divide it into 10 equal portions, each is expected to contain 10 milligrams of activated THC. Make sure you dose appropriately to avoid unwanted incidences.
Consider your Level of Experience If you are a beginner in marijuana use, you probably haven’t figured out the dosage that would be appropriate for you. This makes it important to go slow. Start with a small dose, preferably lower than 10mg and weigh the effect before trying another dose. In case you have been smoking or vaping but are now trying out edibles, beware of the difference in absorption time as discussed below.
Beware of the Digestion Time Unlike smoking and vaping, marijuana consumed in food and drinks takes at least 30 minutes to cause any effect on the consumer’s body. Many people mistake this slow onset for low potency and continue to increase the dose so that they can begin to experience a high. Unfortunately, the dose accumulates and the effects could be detrimental. Edibles have to be digested for their content to get to the blood stream. Food synthesis can continue up to 2 hours after consumption, at which time the effects of marijuana will be at peak.
Listen to The Response of Your Body There are different factors that will determine the dose suitable for you. Your metabolism rate, age, body mass, and gender are some of these. As your weight or age changes, it is possible that the dose you had been using won’t fit you anymore. Talk to your doctor or supplier and have them help you determine a suitable dose depending on your body mass, age, metabolism and other variables.
Keep off Marijuana when Hungry It may be food, but do not forget it is drug-infused. Just like you wouldn’t encourage a painkiller on an empty stomach, so too with marijuana-infused edibles or drinks. The effects could be stronger than you can handle or than you expected.
Avoid Mixing with Other Intoxicating Substances Marijuana edibles mixed with other substances such as alcohol or tobacco can produce magnified effects. It is possible to experience nausea and dizziness too.
Understand that Different Brands have Distinct Consistency The choice of marijuana edibles in the market is overwhelming. From cakes to gummies and hard candies, there is no lack of choices. However, note that each brand may have a different cannabis level depending on the strain of flower they use to prepare their edibles. Always go slow when trying a new brand and monitor how your body reacts before increasing the dosage.
It is crucial to understand that cannabis-infused drinks or foods take effect differently. They provide a distinct intense feeling, are experienced for longer time periods, and can take longer to vanish. One is also at a high risk of overdose if they do not have the right information or experience. Use the above tips to make sure you do not go overboard with your marijuana edibles and drinks.
About the Author
Paul has more than 5 years of experience working in the marijuana industry. He is a marijuana enthusiast that loves to read and write on anything that is remotely related to cannabis. At the moment, he is working as a content manager at CannabisOwl.
Published at Fri, 27 Jan 2017 06:37:31 +0000