Police have long utilized the scent of cannabis as a pretext for searching vehicles during traffic stops in areas where cannabis remains illegal. This practice enables them to confiscate cash and even the vehicles themselves. Once in possession of these assets, law enforcement agencies can employ civil forfeiture, a legal process allowing them to permanently keep the seized property. This practice, akin to legalized highway robbery, operates with court approval.
No arrest or conviction is necessary for civil forfeiture. Once the procedure concludes, participating agencies can divide the proceeds. From 2000 to 2019, state and federal forfeiture revenue in Michigan exceeded $439 million.
Civil forfeiture has become a lucrative enterprise, often initiated by the mere whiff of cannabis. However, Michigan's legalization of recreational cannabis in 2018 has complicated matters for the police. While consuming cannabis in a vehicle remains illegal, possessing it does not, thus eliminating the officers' primary justification for conducting warrantless searches.
The Detroit Police Department struggles to adapt to this new reality. On October 8th, 2020, five Detroit officers on their way to a compliance check stopped when one corporal claimed to smell cannabis emanating from a parked Jeep Cherokee. She then conducted a roadside interrogation of the driver and her passenger, Jeffery Scott Armstrong.
"How long you been smoking weed in the car?" the corporal demanded, according to a transcription of bodycam footage. "I can smell it from outside. Don't act shocked. I can smell it."
Prior to 2018, such an encounter would have been standard procedure. However, the mere smell of cannabis no longer constitutes a crime. The corporal should have continued on her way, but she opted to stop and search the vehicle, infringing on the occupants' Fourth Amendment rights against unreasonable search and seizure.
The officers discovered a firearm under Armstrong's seat and arrested him for being a felon in possession of a firearm, although no cannabis was found. This outcome is unsurprising, as cannabis odor can linger long after its legal use or exposure to others smoking it. Moreover, officers can be mistaken or dishonest. A study in Philadelphia revealed that contraband was found in fewer than 10% of the 3,300 cannabis odor-based vehicle searches conducted by police.
Despite their poor success rate, police remain confident in their olfactory abilities. In 2019, three Indiana officers even testified that they detected less than one gram of unlit cannabis in a closed container from a moving car over 100 yards away, despite a breeze cutting across traffic.
Drug-sniffing dogs also have a high error rate, often failing to differentiate between legal hemp and cannabis. These canines cannot specify whether they detect cannabis or other narcotics like cocaine, rendering them ineffective in states like Michigan where cannabis is legal.
Both human and canine cannabis sniffers need to adapt to the changing legal landscape. Armstrong's case provided Michigan courts with an opportunity to offer clarity when he filed a motion to suppress evidence from the 2020 search. A trial court granted his motion, and the Michigan Court of Appeals upheld the decision in 2022. Dissatisfied, the state petitioned the Michigan Supreme Court, which agreed to hear the case.
Our public interest law firm, the Institute for Justice, alongside the Cato Institute, submitted a friend-of-the-court brief supporting Armstrong. Our argument is straightforward: If a substance is legal, its odor should not constitute probable cause for a search.
Armstrong's case highlights the need for thorough judicial review of probable cause determinations made by officers in the field. Civil forfeiture can bias these decisions, fostering aggressive policing due to financial incentives.
Although Armstrong did not lose cash or his vehicle, many others are not as fortunate. Innocent property owners often suffer when officers exploit the scent of cannabis as a pretext for warrantless searches.
We understand this isn't directly related to cannabis, but given the evolving landscape of alternative therapies and their intersection with mental health treatment, we believe this topic is highly relevant to our readers. Exploring the legalization of psychedelic-assisted therapy offers valuable insights into broader trends in therapeutic practices and regulatory changes, much like the developments we've witnessed with cannabis.
Michigan is among several states considering legislation to legalize psychedelic-assisted therapy using compounds such as psilocybin. To understand Michigan voters' stance on this issue, the Reason Foundation conducted an online survey using platforms Amazon Turk and Pollfish. The majority of the 450 respondents, who identified as registered voters in Michigan, expressed support for professionally supervised psychedelic-assisted mental health treatment.
This support aligns with a broader national sentiment captured by the University of California, Berkeley researchers. Their 2023 hybrid online and phone poll, conducted by the UC Berkeley Center for the Science of Psychedelics, surveyed 1,500 registered voters and found that 61% support legalizing regulated therapeutic access to psychedelics, with 35% showing strong support.
Following the example of Oregon and Colorado, which passed statewide initiatives to legalize supervised psychedelic services, several states, including California, Arizona, and New Jersey, have begun introducing similar legalization bills. In Michigan, the Reason Foundation's survey asked respondents about their support for a bill that would allow licensed mental health professionals to prescribe psychedelic substances to patients with diagnosable mental illnesses.
Results from the combined Amazon Turk and Pollfish platforms indicated that 65% of Michigan's registered voters support such legislation, while 15% opposed it, and 19% remained undecided.
The poll also provided respondents an opportunity to comment on their positions regarding psychedelic legalization. Many respondents not only were aware of psychedelic-assisted therapy but also shared personal experiences. This familiarity is consistent with a national survey by Columbia University, which suggests that about 5% of the public has used psychedelics in the past year.
One Michigan respondent on Amazon Turk noted, "I am aware of research showing how micro-dosing of psilocybin helps treat clinical depression and with some addictions. Psilocybin could be a more natural alternative to the heavy drugs used today to treat depression. The positives that could come with legalization greatly outnumber the negatives."
Another respondent shared a personal experience: "I myself have taken them and have seen first-hand how they are helpful when it comes to anxiety and depression. I fully believe if taken correctly, they can significantly reduce anxiety and the feelings of depression."
The Reason Foundation's survey also explored the possibility of allowing psychedelics to be prescribed for at-home use under professional supervision, similar to regulations for medical cannabis in some states. The question posed was whether respondents supported a state bill that would permit licensed mental health professionals to prescribe psychedelics for at-home use, provided patients were educated on safe use and had regular check-ins with a mental health professional.
A slight majority of 55% of Michigan respondents supported this idea, 26% opposed it, and 19% said they lacked sufficient information to form an opinion.
One respondent expressed cautious support for supervised at-home use: "If they are being monitored, I think it is the best way, then they can not only make sure it is working but to make sure they are not abusing it."
The survey methodology included responses from two online polling sources: Amazon Turk and Pollfish. A total of 450 responses were collected—322 from Pollfish and 138 from Amazon Turk. Respondents were provided with a brief background on the issue before answering the survey questions. This background highlighted the potential benefits of psilocybin for treating mental health conditions and noted ongoing clinical trials.
Public polling, especially online opt-in polls like those used in this survey, can face challenges such as nonresponse bias and demographic representativeness. Pew Research Center has noted that online polls can have a bias upwards of 11 points on some issues. To mitigate this, pollsters can re-weight samples to reflect the general population's demographics or use verification questions to ensure respondents' authenticity.
In this survey, respondents were asked to provide their registered voting zip code to limit false reporting. While there is a small chance of duplicate responses from merging the two platforms, the survey results still offer valuable insights into public opinion.
The University of California-Berkeley poll had a margin of error of 2.5%, while the Reason Foundation's survey estimated a margin of error of about +/- 3% using a bootstrap method. Given the potential bias and margin of error, there is a moderate likelihood that more than 50% of Michigan voters support professionally supervised psychedelic therapy. However, support for the at-home therapy option falls within the margin of error and potential bias.
As Michigan and other states consider the legalization of psychedelic-assisted therapy, public opinion appears to be shifting toward support for regulated, professional use of psychedelics. While there are concerns and mixed views about at-home use, the overall trend suggests growing acceptance of psychedelics as a legitimate treatment for mental health conditions. This evolving perspective mirrors the national trend, indicating a potential shift in future mental health treatment paradigms.
On Tuesday night, the New Buffalo Township Planning Commission granted preliminary approval to four cannabis dispensary applications, marking the first step in a multi-stage approval process for these businesses.
This decision follows a one-year moratorium on new cannabis applications, which concluded with a surge of submissions just before Monday's deadline. Michelle Hannon, New Buffalo Township Clerk, emphasized that these approvals are preliminary and that the dispensaries must undergo additional scrutiny from various governmental entities before returning to the township board for final approval.
The commission's recommendation to approve the four dispensaries came after a public hearing and review. However, the journey for these businesses is far from complete. "They have to go through approval with various different government entities, and then they'll come back to the township board for final approval once those things are complete," Hannon explained.
In total, 47 applications were submitted and will be reviewed by the planning commission. The influx of applications has sparked concern among some community members. Cathy Ward, a local resident, voiced her worries about the township's priorities. "I wish they would put more money into the children's future in the schools and the childcare available in the area and look into providing some places like a CVS or somewhere to shop," she said.
Despite these concerns, officials note that not all 47 applications are guaranteed to move forward. The township stands to gain approximately $59,000 in annual tax revenue for each dispensary that successfully opens.
Hannon pointed out the uncertainty in the process, stating, "Well, it depends. Just because they have preliminary approval does not mean they have final approval. I mean, of those 47 applications, not even all have gone through this step. Things fall apart; you never know if they all will make it through. It's really hard to estimate at this point."
Parents of three preteens from McMonagle Elementary School in Mount Morris Township are seeking answers following an incident where their children were hospitalized after consuming gummies allegedly containing cannabis. The affected students, two aged 12 and one aged 11, reportedly ate the gummies unknowingly, which were purportedly provided by a classmate.
The incident occurred on Tuesday around 1:30 p.m., according to Mt. Morris Township Police. The students claimed they were unaware that the gummies contained cannabis. Initially, police reported the girls' ages as 13, but parents confirmed they were younger.
Rita Williams, the grandmother of the 11-year-old, voiced her concerns, emphasizing the need for open communication within the school. "I'm concerned not only about my 11-year-old grandchild, I'm concerned about all of the kids," Williams stated. "That's what we first should start at; opening up the line of communication."
Prennicea Horton, mother of one of the 12-year-olds, recalled her shock upon receiving a call from the school. "I got a call saying to come get my kid because my kid is stoned," Horton said. "My first thought was how is my kid stoned, my kid is at school."
When Horton arrived at the school, alongside Mia Thomas, mother of the 11-year-old, and Misha Thomas, the child's aunt, they found the girls lethargic and unable to walk properly, with elevated heart rates. "My daughter is traumatized from this," Horton added.
Misha Thomas described the harrowing scene: "The image is still in my head. I hate this for her. To be 11-years-old, to even go through that, is a traumatic situation, period."
The Mt. Morris Township Police Department confirmed that all three girls exhibited signs of lethargy and appeared disoriented. They reported that the students claimed to have received the gummies from another student who denied any knowledge of the incident.
The parents called 911 as their children showed adverse effects and were subsequently taken to Hurley Medical Center. They expressed frustration over previous similar incidents at the school, stating that adequate measures were not taken to prevent recurrence.
"Not the first time at all, and the right protocol has not been taken, that is what upsets me the most," Horton remarked. Mia Thomas, the mother of the 11-year-old, added, "From my understanding, this is not the child's first time bringing it to the school. It should have never happened a second time, let alone the first time; the first time it should have resulted in expulsion or something, but obviously nothing because this time it affected my child."
Police reported not finding any gummies on the student accused of providing them, leaving the source of the gummies unclear.
In response, Westwood Heights Schools issued a statement urging parents to discuss the dangers of consuming adult substances with their children. The statement read in part, "We want to take this opportunity to remind all parents to talk with their children about the dangers of consuming medications and other substances designed for adults. Open communication about these risks is crucial in preventing such incidents in the future… Please be assured that this incident is still under investigation, and we are taking all necessary steps to ensure the safety and well-being of our students."
The trust between families and the school is now in question. Williams noted, "I'm not here to try and bash, I just need you to listen and talk to me, that's all I need."
As the investigation continues, all involved students have been asked not to return to school.
Early Sunday morning, three men were apprehended following a break-in at the TruLeaf Dispensary in the Village of Lawrence. A fourth suspect remains at large, according to the Van Buren County Sheriff's Office.
The incident began around 3:30 a.m. when the dispensary's owner observed several individuals inside the building via surveillance footage. Authorities were promptly notified, and deputies arrived on the scene to find multiple suspects attempting to carry bags of cannabis and other products out of the facility.
Upon spotting the deputies, the suspects retreated back into the building. Three of them then exited through an unmonitored door and fled into the nearby woods.
Law enforcement managed to apprehend the first suspect as he attempted to reach a getaway vehicle. A second suspect was found hiding inside the dispensary. The third suspect was initially spotted walking along I-94 near County Road 681 before disappearing into the woods. He was later seen walking north along the same highway and was subsequently taken into custody.
The suspects, aged between 18 and 23, are all residents of the Battle Creek area. They now face multiple charges including burglary, forced entry, larceny in a building, possession of burglary tools, and resisting and obstructing police. The vehicle used in the crime was identified as stolen from Battle Creek.
Efforts to locate the fourth suspect are ongoing. The Van Buren County Sheriff's Office is urging anyone with information about the incident to contact them at 269-657-3101 or Silent Observer at 269-343-2100.
The Cannabis Regulatory Agency (CRA) has once again partnered with Metrc, securing them as the vendor for Michigan's statewide cannabis monitoring system. This decision follows a thorough bidding process where the CRA evaluated potential vendors on the cost of service and their capability to meet all administrative requirements. A critical aspect of the evaluation was the bidders' ability to prevent fraud, abuse, and other unlawful activities within Michigan's commercial cannabis industry, along with providing tools for the effective administration and enforcement of regulations.
Initially, the CRA entered into a contract with Metrc on May 12th, 2017. The agreement was structured as a two-year contract with the option to extend it annually for up to five additional years. The newly signed contract, effective from May 7th, 2024, extends for five years with five one-year extension options available upon its conclusion.
Metrc, a prominent player in the cannabis tracking industry, is currently involved in 24 government contracts and serves over 400,000 users. These users include growers, testing facilities, dispensaries, state regulators, and law enforcement officials. Metrc's system integrates advanced software, radio-frequency identification (RFID) technology, a dedicated customer support team, and a secure database to meticulously track cannabis throughout its lifecycle—from growth and harvest to processing, testing, transport, and sale.
Since its implementation in Michigan in 2018, Metrc has monitored more than 1.6 billion events and recorded over $9.7 billion in sales through its system. The company's comprehensive tracking capabilities have been instrumental in ensuring regulatory compliance and maintaining the integrity of Michigan's cannabis market.
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