The simmering legal conflict in Michigan's Upper Peninsula has reached a boiling point as Menominee Circuit Judge Mary Barglind issued a definitive order on Friday, November 3rd, to close three prominent cannabis dispensaries embroiled in a contentious legal tussle. This latest development comes as a significant blow to Lume, Higher Love, and Nirvana Center—prominent players in the Michigan marijuana market with an established presence across the state.
Lume, a dominant force with nearly 40 statewide locations, Higher Love, operating six stores in the U.P., and Nirvana Center, with 13 other Michigan outlets, have been instructed to halt their operations immediately. This directive aligns with Judge Barglind's prior preliminary injunction from September 26th, which was intended to preserve the "status quo" of cannabis business activities in Menominee amidst a lawsuit involving competitors Rize, The Fire Station, and a ballot committee. This legal skirmish indicates a broader marijuana "turf war" in the city, where the initial two licensed shops—Rize and The Fire Station—are challenging the presence of six additional dispensaries aiming to stake their claim in Menominee's burgeoning market.
In an unfolding drama, the city of Menominee faces the complex issue of how to handle businesses already issued licenses in light of the court's ruling. While the city chose not to shutter these establishments, the court's clarification on October 17th declared unequivocally that businesses not operational by September 26th at 1 p.m. were not permitted to commence sales. This order has been flagrantly disregarded, prompting Rize, through representation by the Mike Cox law firm, to request judicial intervention.
Attorney Michael A. Cox, representing Rize, emphasized the court's adherence to evidence and law in its decision to close the dispensaries which had defied the court's mandates. He criticized the three companies for hiring employees under false pretenses, knowing their operations were in legal jeopardy. Before the court's clarification, however, the three businesses in question had already initiated operations, albeit in a limited capacity with curbside sales or through discreet retail openings.
Despite official reports stating that none of the dispensaries were operational by the crucial September 26th deadline, affidavits and statements from the businesses themselves paint a conflicting picture, complicating the enforcement of the court's orders.
The roots of the dispute trace back to a legal battle initiated when the Menominee City Council voted to establish a new marijuana licensing ordinance, thereby permitting the opening of at least six new cannabis businesses. This move contradicted the expectations set by a previous ordinance that granted exclusive operating licenses to Rize and The Fire Station. The latter's business plans were delayed due to litigation from other marijuana enterprises, including the three now facing closure.
Following a settlement agreement that granted licenses to these companies and a sixth entity, Rize and The Fire Station mobilized a ballot referendum to potentially overturn the settlement. In a controversial turn, the City Council employed a strategic maneuver to block public voting, invoking a clause that prohibits referendums on funding-related ordinances.
Amidst these legal entanglements, The Fire Station and Rize opened their doors in July and August, respectively. Meanwhile, the lawsuit claims violations of the Open Meetings Act by the City Council and questions the legitimacy of the new marijuana licenses issued.
The ongoing saga places the City of Menominee in a precarious position, as the legal fees of the city are underwritten by the very dispensaries now under the judicial microscope—a settlement stipulation that has raised eyebrows and court objections.
As the community awaits a hearing scheduled for November 15th, stakeholders on all sides are preparing their arguments regarding the future operations of these dispensaries, ahead of a permanent injunction hearing set for February 22nd. The outcomes of these legal proceedings will shape the landscape of the marijuana industry in Menominee, impacting businesses, consumers, and the governance of the city's cannabis policy.
With parties maintaining a guarded stance, the future of cannabis operations in Michigan's U.P. hangs in balance, awaiting Judge Barglind's final ruling that will determine the fate of these embattled dispensaries.
In a pivotal development that could reshape the landscape of religious freedoms and cannabis legality, Soul Tribes International Ministries, a religious organization recognized for its distinctive spiritual practices involving the sacramental use of Sacred Mushrooms (Psilocybin), has initiated a $1 billion lawsuit against the City of Detroit and its Police Department. The legal action alleges intentional infringement of the organization's constitutional rights pertaining to the free exercise of religion and expression.
In the preceding month, Detroit authorities conducted a raid and subsequently lodged what is being termed as a groundless and prejudiced nuisance lawsuit against Soul Tribes and its affiliates for distributing its Holy Sacrament, Sacred Mushrooms, to its members. The City's Verified Complaint categorizes this genuine religious practice as an "unlawful" activity as per the Michigan Nuisance Statute, even though the statute does not explicitly define the term.
Soul Tribes, after a meticulous search, opted to engage "Cannabis Counsel," a Detroit-based law firm known for its expertise in ensuring compliance and legality concerning Cannabis and other controlled substances. Furthermore, Soul Tribes enlisted the services of the religious free exercise specialist, Attorney George "Greg" Lake, who is licensed in Texas and Louisiana and has been permitted by the Michigan Court to represent the organization. Lake's specialization lies in advocating for the free exercise of religion and the sacramental use of psychedelics/entheogens.
The lawsuit seeks $1 billion in economic damages, along with injunctive and declaratory relief from Hon. Patricia Fresard's preliminary injunction dated November 16th, 2023, which mandated the temporary closure of the Church's building pending a comprehensive trial. This landmark case delves into intricate matters related to free exercise rights under both State and Federal constitutions, the federal Religious Land Use and Institutionalized Persons Act, and 42 U.S.C. § 1983 claims alleging deliberate infringement of the Church's free exercise rights by the City and its employees.
Shaman Shu, the spiritual leader of Soul Tribes, underscored the importance of the ongoing legal battle, stating, "Our commitment is unwavering in defending the religious freedoms of our Church and all individuals in the nation seeking communion with the divine through the careful and respectful use of psychedelic sacraments, a practice rooted in ancient traditions."
Interestingly, 60% of Detroit's populace had endorsed Proposition E in 2021, which allowed the activities currently under scrutiny. Despite this, Soul Tribes contends that the city's actions, including the unprecedented raid of a place of worship, indicate targeted discrimination based on the organization's beliefs and practices.
The Church highlights the contrast between the city's aggressive actions against it and the ongoing fentanyl, opiate, and meth crises. Soul Tribes' legal battle seeks to address the damages, both monetary and spiritual, incurred due to the city's actions, which it believes to be in excess of $1 billion.
The legal team representing Soul Tribes, spearheaded by Attorney Thomas Lavine of Cannabis Counsel and Attorney George Lake, is poised to zealously advocate for the protection of the Church's religious freedoms, including their sincere use of Sacred Mushrooms, under both Michigan and United States Constitutions and laws.
As of now, the City of Detroit has yet to issue a response to the lawsuit. Soul Tribes International Ministries continues its unwavering pursuit to ensure that religious practices involving psychedelics are safeguarded and perpetually upheld in accordance with constitutional guarantees and legal statutes.
In light of the evolving legal landscape of cannabis across the United States, Psychemedics, a leading manufacturer of drug testing technology, has introduced an innovative screening panel that shifts focus from marijuana detection to identifying the presence of fentanyl and other controlled substances. This strategic pivot addresses the "relentless change and the pressing need to adapt" to the changing drug policies as more states embrace the legalization of cannabis.
The Advanced 5-Panel Drug Screen, as it is named, is poised to revolutionize how organizations ensure the safety and well-being of their workplaces. Psychemedics emphasizes that the updated screening panel places precedence on the critical threat posed by fentanyl, while concurrently enhancing the precision in detecting substances such as cocaine, opioids, PCP, and amphetamines. The company has confirmed that this revamped drug test has received approval from the Food and Drug Administration (FDA).
Psychemedics, established in 1987 and a pioneer in hair testing technology, underscored the necessity for this evolution in a recent press release. The company cited the persistent labor shortage and the transformation of marijuana laws in 49 states as catalysts for this change. Traditional 5-panel drug tests, Psychemedics argued, are outdated and ineffective against the backdrop of today's drug market, particularly in detecting the increasingly prevalent drug, fentanyl.
Brian Hullinger, the President and CEO of Psychemedics, highlighted the dramatic shift in the workplace dynamics between marijuana and fentanyl. He stated that the Advanced 5-Panel has been crafted to bridge this gap and adapt to the changing landscape.
The announcement comes at a time when several legal cannabis states have implemented protections for employees who consume marijuana during their personal time. These laws prevent employers from taking punitive actions related to state-approved cannabis use. For instance, California and Michigan have recently passed policies that restrict employers from inquiring about or conducting pre-employment drug tests for marijuana use, respectively. Similarly, Washington State and Nevada have enacted legislation to prevent employment discrimination based on lawful marijuana use.
At the federal level, efforts to cease drug testing for marijuana among federal job applicants have faced obstacles, particularly in the House Rules Committee. Conversely, the Senate passed a defense bill in July, including provisions preventing intelligence agencies from denying security clearances based solely on past marijuana use. Additionally, a bipartisan bill was passed last month by the House Oversight and Accountability Committee, aiming to eliminate federal employment or security clearance denials based on past cannabis use.
In the coming weeks, Port Huron is set to welcome the establishment of three new cannabis-related businesses, enriching the local marijuana landscape. The businesses set to open include two retail storefronts and a unique combination of a store and a consumption lounge, strategically located in distinct areas of the city.
Earlier this year, JARS Cannabis, Ox Tail Inc., and Exhibit Cannabis presented their cases before the city's planning commission to secure the necessary special use permits. Subsequently, construction activities for these establishments have been progressing through the summer and fall.
JARS Cannabis, after acquiring the provisional license for a retail location at the intersection of Huron Avenue and Quay Street in downtown Port Huron, has announced its intention to open by December 1st. Ally Galanty, a spokesperson for JARS, expressed excitement about completing the construction at the facility and mentioned that the recruitment process is underway. This establishment is poised to complement the burgeoning entertainment district which includes Wings Etc., Bootleggers Axe Co., and the MoonCursor speakeasy.
Meanwhile, Ox Tail Inc. is set to repurpose the erstwhile Ernest Camera Shoppe at 1600 Pine Grove Ave., aiming for a mid-January launch. The facility, to be named "Moses Roses," will replace the iconic circular camera shop. Chris Aiello, a partner at Ox Tail, shared that construction is in full swing and they are eager for the inauguration.
Exhibit Cannabis Co., on the other hand, is transforming a small office building at 1033 River St. The renovated establishment, sporting a solid black façade, will house a dispensary on the lower level and a lounge on the upper floor. Mark Aubrey of Exhibit Cannabis emphasized the modern aesthetic of the location, aptly named "the Exhibit", and its advantageous positioning by the Black River with ample parking space for over 60 cars.
The city had initially approved provisional licenses for seven operators across 10 locations, which also included two microbusinesses and marijuana processors, early in 2021. This decision was in accordance with the application scoring criteria approved by the voters in November 2020. However, legal challenges against the city regarding the scoring results briefly stalled the progress.
Despite ongoing legal disputes in the Michigan Court of Appeals, the city managed to proceed after a favorable circuit court order in January. Presently, only the aforementioned three establishments have made it past the planning commission stage.
The voter-endorsed ordinance, which still stands, had been proposed by an external committee and replaced a previous ordinance that was formulated with inputs from planning commissioners. The city's venture into the cannabis industry began with site visits to marijuana establishments in metro Detroit four years ago.
Commending Port Huron City Manager James Freed's initiatives, Aiello mentioned that Freed's diligent research played a pivotal role in shaping the city's cannabis landscape. Additionally, Aubrey indicated that more information about Exhibit Cannabis would be made available on their website and through a QR code at the River Street building in the near future.
In the dynamic discourse surrounding cannabis, a term that is often overshadowed yet holds critical significance is Total Active Cannabinoids, or TAC. This term serves as a comprehensive indicator of the potency and diversity of cannabinoids in a cannabis product, providing users with a holistic understanding of their experience.
TAC is pivotal in the context of the ever-growing conversation around cannabis. It doesn't merely denote the presence of individual cannabinoids such as THC (Tetrahydrocannabinol) and CBD (Cannabidiol) but encapsulates the entire array of active cannabinoids. TAC offers an aggregate measure that enlightens users on the potential range of effects, therapeutic advantages, and flavor profiles of their chosen cannabis products.
Cannabidiol (CBD) is a prominent cannabinoid, known for its therapeutic properties and non-psychoactive nature. It provides relief from ailments such as chronic pain, anxiety, and epilepsy, making it an essential component of the TAC.
Cannabigerol (CBG), albeit found in smaller amounts, is regarded as the "stem cell" of cannabinoids. It acts as a precursor for other cannabinoids and is crucial to the plant's biology. Its potential health benefits include antibacterial properties and a role in cancer treatment and glaucoma management.
Cannabinol (CBN) evolves from aged THC and has mild psychoactive properties. It stands out for its sedative attributes, making it valuable for individuals seeking restful sleep.
Cannabichromene (CBC), though often overlooked, is believed to possess benefits such as anti-inflammatory and antidepressant properties without contributing to the psychoactive high.
Cannabidivarin (CBDV), closely related to CBD, is being explored for its potential in treating neurological conditions, adding a subtle yet crucial element to the TAC.
TAC is more than just a numerical measure; it narrates the diverse capabilities of the cannabis plant. Acknowledging TAC leads to a deeper comprehension of the plant's complexity and facilitates a more informed choice for both recreational and medicinal users.
The allure of cannabis extends beyond the pursuit of a high. Understanding TAC is crucial as it guides users to an enriched experience that encompasses pain relief, relaxation, creativity, and focus. The "Entourage Effect" emphasizes the synergistic interaction of cannabinoids, terpenes, and flavonoids, enhancing the overall cannabis experience.
While THC has been the primary focus due to its psychoactive effects, TAC provides a broader perspective, reminding users of the multitude of active compounds present. TAC and THC together create a harmonious interaction, producing varied effects and experiences.
Ensuring the accuracy of TAC is vital in a market flooded with diverse cannabis products. Purchasing from credible sources that provide third-party lab testing and Certificates of Analysis (COA) is crucial for ensuring product quality and consumer safety.
It's important to recognize that cannabis can interact with medications, potentially leading to side effects. Therefore, consulting a healthcare professional is recommended before combining cannabis with other treatments. A comprehensive understanding of TAC is essential for ensuring safe and effective use.
Cannabis is akin to a symphony, with each cannabinoid playing a distinct role. Prioritizing TAC allows users to fully appreciate the collective performance of these compounds. However, the pursuit of the ideal cannabis experience extends beyond knowledge; it involves trust in the products and suppliers. Accurate TAC labeling is crucial, emphasizing the need for reliable and transparent vendors.
As our understanding of cannabis evolves, TAC emerges as a pivotal chapter in the narrative of cannabis connoisseurship. It's not merely a statistic but a story, where users are the authors, protagonists, and critics. By making informed choices and understanding the nuances of TAC, users can fully immerse themselves in the enriching journey that cannabis offers.
In a recent incident that has captured the attention of Michigan's cannabis community, a Detroit resident is set to face trial after a dramatic confrontation with a Michigan State Police trooper in Jackson. The events unfolded on September 24th, when Tavion William Beasley, a 21-year-old man, was pulled over during a routine traffic stop that escalated into a high-stakes situation.
Court documents indicate that Beasley is currently facing multiple felony charges, including assault with intent to murder, carrying a concealed weapon, third-degree fleeing police, resisting arrest causing injury, and felony firearms. These charges have been brought forward after an in-depth examination of the circumstances surrounding the traffic stop.
On the morning in question, at approximately 9 a.m., a trooper observed a maroon Chrysler 300 traveling at an alarming speed of 92 mph on U.S. 127. The car was subsequently pulled over on South Street near Michigan Avenue. The incident, captured on a body camera video, reveals the tension that quickly escalated during the interaction.
Upon approaching the vehicle, the trooper requested Beasley's driver's license, registration, and insurance. The trooper quickly noticed the scent of burning marijuana inside the car and instructed Beasley to exit the vehicle. Beasley acknowledged the presence of marijuana and initially complied with the trooper's instructions. However, the situation took a turn when Beasley, while conversing on his cell phone, returned to his car despite the trooper's orders.
The body camera footage shows the ensuing chaos as Beasley sped away with the trooper still partially inside the vehicle, pleading for him to stop. The trooper clung to the car for a perilous 41 seconds before Beasley stopped to let her out and then sped off again. The dislodged body camera continued to record from inside the car, capturing Beasley's frantic conversation admitting to pushing the trooper out.
The trooper sustained minor injuries and was treated at Henry Ford Jackson Hospital before being released. Beasley, after being identified as a suspect, turned himself in following discussions with his family, who encouraged him to cooperate with the authorities.
The trial is set to take place in the Jackson County Circuit Court, presided over by Judge Thomas Wilson. Beasley's bond has been set at $500,000, and he remains in custody at the Jackson County Jail.
While this incident echoes a similar case previously reported in Jackson County's Summit Township, it brings to light the ongoing discussions surrounding the responsible use of marijuana and the challenges faced by law enforcement. The case underscores the need for clear understanding and adherence to the laws governing cannabis use while driving and emphasizes the potential consequences of neglecting such responsibilities.
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