The Medical Marijuana Debate Comes to Lowell Part 1

The discussion of marijuana across the country and state of Michigan is a topic with increasing popularity.  States are deciding whether medical marijuana and recreational use are allowed while a federal law puts marijuana in an illegal substance category.  

The general debate over the pros and cons to marijuana use continue with arguments on both sides remaining largely unchanged.  The discussion of state and federal laws, how to interpret them, and how to establish regulations as use continues to grow, brings up a multitude of aspects to consider, leaving municipalities across the nation with the job of setting industry standards.  

Medical Marijuana History in Michigan
Nearly 10 years ago, on Nov. 4, 2008, the use of medical marijuana became legal in Michigan after a statewide vote.  The Michigan Medical Marihuana Act (MMMA) was established to set guidelines for those seeking a medical marijuana card and individuals wanting to become caregivers supplying a product to patients.  Michigan’s Department of Licensing and Regulatory Affairs (LARA) sets state regulations.  A special Bureau of Medical Marihuana Regulation (BMMR) oversees the MMMA and patient registry program.  And last spring a Medical Marihuana Licensing Board was created following standards outlined by Governor Rick Snyder on his website.  “The Board consists of five members who are residents of this state, not more than three of whom are members of the same political party. The governor shall appoint the members and name the chair. One of the members shall be appointed from three nominees submitted by the Senate Majority Leader and one from three nominees submitted by the Speaker of the House.”  specifies how the board will be comprised.

Photo provided by Connor Baker or The Hive Wellness Group, LLC and used with permission.

The MMMA does not legalize medical marijuana use but provides patients and providers safety from state prosecution under certain circumstances.  Currently, dispensaries are not legal.  But new information from the State of Michigan is scheduled to be released on December 15 of this year when applications for a dispensary license will be available for the first time.  Licenses are not likely to be handed out until spring.  And in order to obtain a license, a business showing support from the municipal entity where a brick and mortar location will be established is said to be looked upon favorably by the board.  It is still unclear what regulations and guidelines will be put in place next month as a shift from caregiver with a limited number of patients and product to a dispensary with no cap on patients, although various classes of licensing will determine how much product can be produced, becomes more prevalent.  

The issue of banks and credit unions not accepting funds from transactions involving an illegal substance from a federal point of view is also up in the air.  There are currently no institutions opening accounts for businesses involved with medical marijuana.  This could become a bigger issue as municipalities allow dispensaries which will have a bigger customer base.  

Currently municipalities across the state are faced with whether or not to allow dispensaries within their boundaries.  There’s the choice of opting in and establishing ordinances or other laws and provisions under which a provision center can operate.  The opt out choice signifies a jurisdiction does not want medicinal marijuana businesses.  Lastly, there’s the choice of doing nothing.  It’s the wait and see approach allowing for other communities to establish dispensaries and learn from their results.  

The Debate Comes to Lowell
Talk of allowing a medical marijuana dispensary in Lowell is not new.  Back in May the question was brought up at Coffee with Council.  Since then the topic has been put on the agenda for City Council to discuss and consider.  In August, during a Committee of the Whole meeting, council began their education on the topic. Connor Baker of Buzz Solutions, LLC, now The Hive Wellness Group, LLC spoke about his plans to open a dispensary within city limits should he receive approval from City Council and obtain a license from the state.  The Assistant Kent County Prosecutor also spoke at this meeting to offer his office’s point of view against allowing such a facility.

Some council members have also learned the pros and cons to a municipality allowing dispensaries and have heard stories from those who have seen benefits from the use of medical marijuana.  To date there hasn’t been any commitment one way or another from members of council and City Manager Mike Burns has stated he will not provide a recommendation to council because he feels it’s a political issue.  He did mention in an email to Lowell’s First Look that Lowell Township and Vergennes Township will not opt in.

Tomorrow we will conclude with an article recapping the public hearing which took place on Monday.  

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