Michigan's Medical Marihuana Act is a citizen initiated law which was approved by 63% of the voters in 2008.  Now in 2012, after a year of frustrations, supporters are gearing up to hit the streets (and now the internet) to gather enough signatures to bring a new citizen initiated law proposal to the people.  Recently approved language of the constitutional amendment aims to end the marihuana prohibition as we know it.  The proponents of the initiative have to gather over 322,000 qualifying signatures before July to put the proposal on the ballot in the general elections this November.  To be approved, it has to get more votes in support of the amendment than those against it.

The proposed amendment reads:

"For persons who are at least 21 years of age who are not incarcerated, marihuana acquisition, cultivation, manufacture, sale, delivery, transfer, transportation, possession, ingestion, presence in or on the body, religious, medical, industrial, agricultural, commercial or personal use, or possession or use of paraphernalia shall not be prohibited, abridged or penalized in any manner, nor subject to civil forfeiture; provided that no person shall be permitted to operate an aircraft, motor vehicle, motorboat, ORV, snowmobile, train, or other heavy or dangerous equipment or machinery while impaired by marihuana."

With over 129,000 registered medical marihuana users in the state, the required number of petitions may not be a difficult goal for the proponents of the bill to attain.  However, whether or not the voters will have the same acceptance for free recreational use compared to the 2008 support for limited medical use will remain to be answered on November 6, 2012.

On January 12, 2012, the Michigan Supreme Court will hear arguments on two of the most cited cases in Michigan's young, but busy, medical marihuana history.

In People v Kolanek, the Supreme Court will rule on whether or not a defendant can assert a Section 8 affirmative defense without first obtaining a valid registry identification card, and the timing of a qualifying physician certification with relation to the arrest.  (Section 8 of the Michigan Medical Marihuana Act provides an affirmative defense for patients who, although they do not have a registry identification card, meet certain criteria for the medical use of marihuana.)

The Supreme Court will also hear the infamous "dog kennel" case: People v King.  In People v King, the Court will determine the definition for the term "enclosed, locked facility" as well as the interplay between different sections of the Michigan Medical Marihuana Act.

The Court of Appeals ruling that forced the closure of medical marihuana dispensaries across the State is being challenged by the owner of the dispensary. In the underlying case of State v McQueen, the Court of Appeals decided that patient-to-patient sales of medical marihuana were illegal, and that a dispensary run by CA, LLC, in Mt. Pleasant constituted a public nuisance.

On Thursday, CA, LLC, filed papers with the Supreme Court seeking leave to appeal the Court of Appeals decision. The Supreme Court will now decide whether to accept the appeal.

The Court of Appeals decision can be found at: http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20110823_C301951_67_301951.OPN.PDF.

On September 21, 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) joined other Federal offices speaking on matters related to medical marihuana.  The Bureau's memo came in response to numerous inquiries from gun dealers.  It stated that guns or ammunition cannot be sold to registered users of medical marihuana.

"There are no exceptions in federal law for marihuana purportedly used for medicinal purposes, even if such use is sanctioned by state law," said the letter by Arthur Herbert, ATF's assistant director for enforcement programs and services.

Federal firearm licensees, or FFLs, can't sell a gun to someone who answers "yes" on a required form that asks whether the buyer is a controlled substance user.  In its memo, ATF takes the position that there are no exceptions in federal law for medical marihuana users even if the use is sanctioned by state law. But, the restrictions do not end with whether an express declaration has been made on an application or not.  According to the letter signed by Arthur Herbert, licensed dealers can't sell a gun or ammunition if they have "reasonable cause to believe" the buyer is using a controlled substance.  That includes if the buyer presents a medical marihuana card as identification, or talks about drug use, having a medical marihuana card or a recent drug conviction, ATF spokesman Drew Wade said Wednesday.

The ATF memo can be reached through this link: ATF Memo 092111 .

The Michigan Court of Appeals issued a published opinion on the matter of People v Bylsma on Tuesday, September 27, 2011.  According to the opinion, a registered primary caregiver can only grow or tend plants for those registered qualifying patients that are connected to the caregiver through the registry system.

The Court denied the immunity and affirmative defense privileges to the Defendant, who was a registered primary caregiver for two registered qualifying patients.  Defendant owned or operated a locked facility with 88 plants, some of which belonged to other caregivers or patients.  These caregivers and patients testified that the Defendant was assisting them in the growth process as they were novice.  It was claimed that the plants were identifiable by tags and particular strands as to which one belonged to whom.  Court's opinion was based on the finding and analysis that the Michigan's Medical Marijuana Act did not authorize possession of the plants by more than one person, and that person could either be the patient or the caregiver he was connected through the registry.

This recent opinion by the Court of Appeals is likely to add to the list of opinions that have deeply affected both the medical marijuana users and the industry that have flourished around it.

The opinion can be found at People of Michigan v Bylsma.

Two legislators in the Michigan Senate have announced that they are drafting new proposals to limit issuance of Michigan's Medical Marihuana cards only to applicants that can prove state residency of one year or more.

The proposal has come as a response to law enforcement officers' growing reports of out of state residents renting apartments in border cities with the sole purpose of getting a Michigan Driver's license and then applying to become patients or caregivers.  These card holders then move back to their home state visiting Michigan only once a week to tend their plants and then move the medical marihuana across state lines in some instances.

Once drafted and introduced in the House, the proposal will join a growing number of others awaiting approval by the legislation.

Michigan Attorney General Bill Schuette and Secretary of State Ruth Johnson have announced that a Lansing marihuana dispensary owner, Shekina Pena, has been charged with violating a Michigan election law.  Michigan Election Law makes it a misdemeanor to "either directly or indirectly, give, lend, or promise valuable consideration, to or for any person, as an inducement to influence the manner of voting by a person relative to a candidate or ballot question, or as a reward for refraining from voting."  MCL 168.931 et seq.

Earlier this year, it was reported that before an election of Lansing City Council members, a Lansing dispensary, Your Healthy Choice Clinic, posted on its website "Vote for us and we'll vote for you.  All dispensaries are doing a voter registration drive.  If you sign up at Your Healthy Choice, we will assist you in filling out the registration form and will mail it out for you.  We believe in power in numbers and everyone taking a stand.  So in appreciation, we will reward legal patients with a .5 gram free or a free medible!"  In addition, the dispensary's website indicated which City Council candidates it supported and which City Council candidates it did not support.

The Attorney General's office indicated that based on its investigation, the owner of Your Healthy Choice Clinic, Shekina Pena had allegedly offered free marihuana in exchange for citizen's registering to vote.  The charge against Pena was filed today in Lansing's 54A District Court.  Pena was arraigned before Judge Frank DeLuca and a personal bond of $3,500 was set.  The misdemeanor charge is punishable by up to 90 days in jail and/or $500 fine.  Future court dates have yet to be scheduled.

Kent County Circuit Court Judge Dennis Leiber recently granted the City of Wyoming's motion for summary disposition to dismiss John Ter Beek's injunction request.  Ter Beek was seeking an injunction to prohibit the City of Wyoming from enforcing its zoning ordinance, which prohibits any land uses contrary to federal law.  Ter Beek feared being found in violation of the zoning ordinance for either using or growing marihuana in his dwelling in compliance with Michigan's Medical Marihuana Act ("MMMA").  The Court noted that while the MMMA recognizes medical uses for marihuana, "Congress recognizes no accepted medical use for marijuana."  As a result, the Court determined that the MMMA stands as an obstacle to the implementation and execution of the full purposes and objectives of the Controlled Substances Act (CSA), 21 USC § 801 et seq ("CSA"); and further the MMMA is preempted by Congress' intent to occupy the entire field regulated.  With this decision, the Kent County Circuit Court becomes the fourth court in Michigan to determine that the MMMA is preempted by the CSA.  Earlier this year, both the Wayne County and Midland County Circuit Courts determined that the MMMA is preempted by the CSA; and prior to that, a Dearborn District Court Judge similarly ruled.

Both Wayne County and Kent County were persuaded by the Oregon Supreme Court decision, Emerald Steel Fabricators, Inc v Bureau of Labor and Industries, 348 Or 159 (2010).  In that case the Oregon Supreme Court ruled that the Oregon Medical Marijuana Act affirmatively authorizing the use of medical marijuana was preempted by the Federal Controlled Substances Act.

The Court of Appeal recently determined that persons are required to obtain registry cards, under the Michigan Medical Marihuana Act (MMMA), before they begin to grow marihuana for medical purposes.  Here, Defendant Reed suffers from chronic back pain, related to a surgery over a decade ago, and began to inquire about the medical use of marihuana.  On August 25, 2009, an undercover narcotics team, while doing aerial surveillance, spotted six marijuana plants at Reed's residence.  On September 16, 2009, Reed obtained a certification from a doctor to use marihuana for medical purposes.  Reed received his registry identification card from the State of Michigan on October 6, 2009.  On October 16, 2009, Reed was arrested and charged with the manufacture of marijuana.  Reed filed a motion to dismiss the charges claiming that he met all the elements of the affirmative defenses in Section 8 of the MMMA.  Section 8 of the MMMA indicates that a patient may assert the medical purpose for using marihuana as a defense to any prosecution and it shall be presumed valid, if, among other things, a physician has stated the patient is likely to receive benefit from the medical use of marihuana.  Reed also argued that he should have been immune from arrest under the MMMA, which states that a qualifying patient who has been issued and possesses a registry card shall not be subject to arrest, provided the patient doesn't have more than the permitted amount of marihuana.  The trial court denied Reed's motion and the Court of Appeals granted leave to hear the appeal.  The Court of Appeals determined that Reed's arguments fail because at the time of the offense, he did not possess a registry card; and in order for the Section 8 defenses to apply, the physician's statement must be procured before the purportedly illegal conduct occurs.  People v Reed, Published No. 296686, at 4 (2011).