Extra Enforcement
Ever since the Michigan Medical Marihuana Act became law in 2008, several attempts have been made by lawmakers to clarify how medical cannabis will be organized, licensed, enforced and distributed throughout the state of Michigan. The passing of Public Acts 281, 282 and 283 (formerly HB-4209, 4210 and 4287) last September by Michigan Govenor Rick Snyder heralded a new era where nearly every facet of the industry is regulated by the state government.
As Michigan’s medical cannabis industry continues to grow, Governor Rick Snyder has proposed a budget plan that includes nearly $9 million in regulatory fees that would beef up law enforcement provisions in order to adapt to the state’s new bundle of regulations. Members of Michigan’s medical cannabis industry have mixed feelings about the budget plan.
“Not only do we not want the law enforcement used against patients and caregivers, but patients and caregivers feel like they don’t have protection, under the law. They don’t feel like they can call 911 if they are burglarized for example, if they happen to possess the herbal medicine of their choice.”
On Wednesday, February 8, the governor announced his budget recommendations that include a total of $693 million for the Department of State Police for the 2018 fiscal year. Snyder recommended $8.8 million of that budget be allocated toward enforcing the new medical cannabis regulations. The money is intended to provide full-time Michigan State Police enforcement teams, expand forensic science and boost investigative support. Members of the Michigan State Police would run background investigations on licensees and assist the Medical Marijuana Board in enforcing aspects of the Act.
Attorney at law Thomas M.J. Lavigne is a partner at Cannabis Counsel Law Firm and also a member of the board of MI Legalize 2018. “The initial monies collected under the Michigan Marijuana Act were supposed to go toward improving the program,” Lavigne told CULTURE. “But instead, the monies have been going to law enforcement agencies, saddling patients and caregivers with impertinent criminal charges and disrespecting the Michigan Medical Marijuana Act.” The Michigan State Police anticipate an increase in violations under the new law.
Enforcement is needed to support medical cannabis collectives in Michigan, and security is utterly crucial. Medical cannabis security guards and employees have gone to extreme lengths to ensure their safety, and some have even turned to desperate measures, such as setting up booby traps to ward off thieves. Law enforcement has found everything from spring-loaded devices to mouse-trap styled prevention measures.
With Snyder’s new budget proposal being allocated toward law enforcement, the medical cannabis community seeks to benefit from increased law enforcement, although Lavinge did not express much optimism. “It is problematic,” Lavigne says. “Not only do we not want the law enforcement used against patients and caregivers, but patients and caregivers feel like they don’t have protection, under the law. They don’t feel like they can call 911 if they are burglarized for example, if they happen to possess the herbal medicine of their choice. Inevitably, time and time again, they call the police, because they’ve been robbed—the police come; they don’t even investigate the robbery. They turn on the patient, and the underlying crime is never investigated.”
