The city of Mason may soon join other Lansing-area municipalities in allowing recreational cannabis sales, pending the outcome of a city ordinance proposal set for the November ballot.
Earlier this month, the Mason City Council decided to present the ordinance proposal to voters during the general election. This decision followed a letter from Ypsilanti attorney Anderson Grandstaff, who, representing an undisclosed group of clients, indicated intentions to initiate a petition drive to overturn Mason’s ban on recreational cannabis sales. This ban has been in place since the statewide approval of the 2018 Michigan Regulation and Taxation of Marihuana Act.
Should the ballot proposal pass, it would contribute to the broader expansion of recreational cannabis dispensaries in the region. To date, such dispensaries have primarily operated in Lansing, East Lansing, and Meridian Township. Eaton County saw its first dispensary open in Charlotte this summer, with a second one planned for the city. In contrast, Clinton County currently hosts one grower near Lansing but lacks recreational dispensaries.
Mason Mayor Russ Whipple noted that Grandstaff's petition was never circulated and was the sole petition brought before the council.
Grandstaff, who has been instrumental in promoting cannabis sales in various Michigan communities, declined to comment on his involvement with Mason or to disclose his client’s identity.
In 2018, Michigan voters approved the legalization of recreational cannabis by a 56% to 44% margin. However, the law permitted individual municipalities to opt out of allowing sales and related businesses. Mason chose to ban retail cannabis sales, a decision echoed by many other communities across the state.
Mason City Manager Deborah Stuart highlighted the distinction between legalizing recreational cannabis use and permitting retail establishments within a community. She pointed out that industry-driven ballot proposals often lack local initiative.
During their July 15th meeting, council members took into account the 2018 general election results in Mason, where 2,245 voters supported legalization and 1,612 opposed it. This led them to opt for placing their own ballot question on the November ballot, rather than one proposed by Grandstaff.
The city's proposed ordinance, if approved, would allow for two retail cannabis establishments. The application fee would be $5,000, with additional renewal fees applicable.
Stuart mentioned that the city would provide a draft ordinance and additional information on its website at least 60 days before the election for residents to review.
A previous petition to overturn the ban did not garner sufficient signatures to reach the ballot. However, Grandstaff's recent letter, threatening a new petition drive with a proposed ordinance, prompted the City Council to reconsider its stance.
Grandstaff’s letter to the City Council suggested that his client believed there would be substantial grassroots support for the proposed ordinance, aiming to avoid an adversarial relationship with the council.
Permitting retail cannabis licenses could also secure state tax revenues for Mason. Michigan's recreational cannabis market, valued at $3 billion, generated $87 million in tax proceeds distributed to 269 municipalities in February. Each city, township, village, or county with a dispensary received approximately $59,000 per establishment, potentially netting Mason $118,000 with two dispensaries.
Ingham County received $1.8 million from its 30 stores, ranking behind Bay, Kalamazoo, Washtenaw, and Wayne counties in store numbers. Lansing had about 24 businesses at that time, surpassed only by Ann Arbor and Detroit, with 26 and 59 shops, respectively.
Grandstaff’s 2023 letter included a draft ordinance limiting Mason to two retail cannabis establishments, excluding growers, processors, facilities, and transporters. According to a city staff memo to the City Council, this proposal would lift Mason's prohibition on recreational cannabis retail businesses, creating a regulatory framework for licensing and guidelines for city employees.
Mayor Whipple noted that the proposed adoption process was impractical and that establishing a municipal framework for cannabis businesses was uncomfortable for city officials. Grandstaff expressed a willingness to discuss ordinance adjustments to align better with the city’s preferences.
Mason officials collaborated with Grandstaff and reviewed Birmingham’s approach to cannabis regulation. Birmingham had similarly been approached by an external entity proposing cannabis establishments. Birmingham chose to draft its own ordinance for a ballot proposal, which ultimately failed by a significant margin in November 2023.
Grandstaff has pursued cannabis legalization in various Michigan communities through petition drives. Among these were Harbor Springs, Howell, Kinderhook Township, and several Oakland County cities, including Auburn Hills, Clarkston, Keego Harbor, Lathrup Village, and Leonard Village. Some of these efforts led to proposals on ballots, with mixed outcomes; for example, Keego Harbor and Auburn Hills approved ordinances, while others did not.
The Michigan Cannabis Regulatory Agency (CRA) has submitted an extensive comment on the proposed federal rule for rescheduling cannabis. This comment, available in full on the CRA website, addresses key issues related to the proposed rescheduling from Schedule I to Schedule III. The CRA's submission aims to inform the Drug Enforcement Administration (DEA) and other federal agencies about Michigan's Medical Marijuana Program and provide critical considerations for rescheduling cannabis.
The CRA's comment is twofold: it provides detailed information and statistics about Michigan's Medical Marijuana Program, and it outlines a comprehensive list of considerations for federal agencies when determining whether and how to reschedule cannabis.
Michigan's program began in 2008 following a voter-approved initiative. The program has grown significantly, peaking in 2018 with nearly 300,000 registered patients and over 40,000 caregivers. Despite the legalization of adult-use cannabis in 2018, many patients continue to value the medical marijuana registry. As of the end of Fiscal Year 2023, there were 129,099 qualifying patients and 11,554 primary caregivers.
The CRA highlights several areas that require clear guidance and robust coordination from federal agencies to ensure a smooth transition if cannabis is rescheduled to Schedule III. These areas include:
Requirements Applicable to Schedule III Drugs: Federal guidelines must clarify how existing Schedule III requirements will apply to cannabis, considering that over 35 states have established medical marijuana programs and 24 states have adult-use programs.
Banking and Taxation: Rescheduling cannabis could enable businesses to access banking services and benefit from standard tax deductions and exemptions. Clear federal guidance is essential to address these changes.
Bankruptcy Protection: Allowing cannabis businesses to seek bankruptcy protection could provide crucial financial relief and restructuring opportunities. Guidance from the U.S. Trustee Program is necessary.
Packaging, Labeling, and Advertising: Standardized federal guidelines could streamline compliance and enhance consumer safety. Agencies like the FDA should issue clear directives.
Product Safety Standards: Uniform safety standards would ensure consistent quality across states, protecting consumers. The FDA should oversee these regulations.
Transportation and Interstate Commerce: Legal interstate commerce of cannabis products would require detailed federal guidelines, considering the diverse state regulations currently in place.
Research: Rescheduling could expand research opportunities using state-regulated products, necessitating clear federal research protocols.
Federal Enforcement: Rescheduling should prompt new enforcement priorities, potentially modeled after the Cole Memo, to ensure stability for state-regulated markets.
Federal Regulatory Agencies: Agencies such as the DEA and FDA should have defined roles in regulating cannabis post-rescheduling, with states retaining authority over specific aspects like licensing and distribution.
Brian Hanna, the Executive Director of the CRA, emphasized the significant investment and effort by Michigan's licensees, caregivers, patients, and advocates in developing a leading cannabis industry. He stressed that rescheduling must be accompanied by comprehensive federal guidance to be effective. Hanna also expressed the CRA's readiness to testify at the federal level to share Michigan's progress in creating a robust regulatory framework.
The CRA's submission underscores the importance of a coordinated, whole-of-government approach to rescheduling cannabis. Without clear and comprehensive federal guidance, the rescheduling could potentially disrupt existing state programs. The CRA urges the DEA and other federal agencies to act responsibly and seize this historic opportunity to reshape cannabis regulation in the United States.
Tyrone Township has enacted a temporary moratorium on medical cannabis facilities, halting all development, permitting, and operations for a period of 180 days. The Board of Trustees approved this resolution to allow time for a thorough review and potential revision of the township's current ordinance concerning medical cannabis.
The Board has tasked the Planning Commission with evaluating the township's existing regulations, focusing particularly on minimum parcel sizes and suitable locations for such facilities. This review aims to ensure compliance with Michigan's Medical Marijuana Act while avoiding exclusionary zoning practices that could limit where these facilities can be established.
The resolution acknowledges that there have been several inquiries about medical cannabis regulation within the township. Consequently, the township believes it is in its best interest to re-examine the Medical Marijuana Act along with associated rules, regulations, case law, attorney general opinions, and other relevant information.
During the board meeting, Supervisor Mike Cunningham emphasized the importance of revisiting the current ordinance. He noted that there have been public comments and discussions indicating the need for a comprehensive review. "We do have an ordinance in place, but we want to make sure it's up-to-date and aligns with the latest legal and community standards," Cunningham stated.
The decision to impose the moratorium reflects the township's commitment to carefully consider all aspects of medical cannabis regulation, ensuring that any future development is conducted in a manner that benefits the community while adhering to legal requirements.
The Planning Commission's review will involve a detailed analysis of current zoning laws and how they apply to medical cannabis facilities. The goal is to create a balanced approach that accommodates medical cannabis operations without imposing unreasonable restrictions or creating conflicts with existing land uses.
Tyrone Township's 180-day moratorium on medical cannabis facilities represents a proactive step towards thoughtful regulation. By re-evaluating the township's ordinance and considering public input, the Board of Trustees aims to develop a framework that supports both the community's needs and the legal landscape surrounding medical cannabis.
The Kalamazoo County Board of Commissioners has unanimously approved revisions to its employee drug testing policy, introducing new provisions regarding legal substances. This decision was made during the board's meeting on Tuesday, July 16th.
Previously, the county's drug-free workplace policy stipulated strict disciplinary actions for employees testing positive for drugs or alcohol. These measures could range from disciplinary action "up to and including discharge for a first offense" to other corrective actions, depending on individual circumstances.
The updated policy now provides the county with the discretion to decide whether an employee should face disciplinary action for testing positive for legal drugs or alcohol. Despite this change, the county maintains a zero-tolerance stance on illegal drugs, according to county spokesperson Taylor Koopman.
A significant modification in the policy is the replacement of the term "will" with "may" concerning potential disciplinary actions. This change grants the county greater flexibility in handling cases involving legal substances.
The agenda packet did not provide a specific reason for the policy revision, and Koopman did not immediately respond to inquiries regarding the motivation behind this change.
Additionally, the board voted to eliminate a policy related to medical marijuana, aligning the county's regulations with state laws.
Coldwater Mayor Tom Kramer is advocating for the cessation of cannabis grow facilities within the city's D-2 heavy industry zones.
In August of last year, the Coldwater Planning Commission approved a motion initiated by Kramer to begin phasing out special use permits for cannabis grow operations in the industrial park. Despite this approval, no further action has been taken since.
During a Planning Commission meeting on Monday, Kramer suggested that with Amanda O'Boyle succeeding the retiring Meghan Angell as City Attorney, there is now an opportunity to advance this initiative.
Kramer acknowledged that market conditions might ultimately influence the future of these grow facilities.
Notably, retail cannabis operations in the city would remain unaffected by this proposed change.
Following further discussions, the Planning Commission members reached a consensus in support of Kramer's proposal.
City Manager Keith Baker mentioned that a draft of the proposed changes could be prepared for review at the next Planning Commission meeting.
Senator Gary Peters, a Democrat from Michigan, has introduced a new bill aimed at preventing federal agencies from using past cannabis use as a factor in employment and security clearance decisions. The bill, known as the Dismantling Outdated Obstacles and Barriers to Individual Employment (DOOBIE) Act, represents a significant effort to modernize federal employment practices in light of evolving cannabis laws.
Senator Peters submitted the DOOBIE Act last week, marking the latest legislative push to ensure that prior cannabis consumption does not negatively impact an individual's eligibility for federal employment. This initiative reflects growing recognition of the need to align federal employment policies with the broader legalization trends seen across many states.
The DOOBIE Act specifies that federal agencies covered by the legislation "may not base a suitability determination with respect to an individual solely on the past use of marijuana by the individual." Additionally, the White House Office of Personnel Management (OPM) would be required to adopt and enforce this policy.
Furthermore, the bill stipulates that "the head of a Federal agency may not base a determination that a covered person is ineligible for a security clearance solely on the past use of marijuana by the covered person." This provision aims to prevent prior cannabis use from being a barrier to obtaining the necessary credentials for federal employment.
Under the proposed legislation, federal agencies would also be prohibited from using past cannabis use as a reason to deny a personal identity verification credential. This credential is essential for federal employees to access various facilities and information, making this an important aspect of the DOOBIE Act.
The Director of National Intelligence (DNI) would be tasked with updating regulations to align with the new cannabis policies and assist other federal agencies in implementing these changes. Notably, the DNI has previously stated that it is not the current policy of the federal government to deny security clearances based solely on past cannabis use, acknowledging that such practices can hinder recruitment efforts, especially as cannabis legalization becomes more widespread.
Senator Peters' legislation parallels a bipartisan House bill introduced last year, which aimed to provide employment protections and prevent security clearance denials for past and current cannabis use. However, an amendment in committee narrowed the scope of that bill to address only past consumption.
The DOOBIE Act is part of a broader movement to modernize federal employment and security clearance policies, ensuring they reflect contemporary attitudes towards cannabis use and support the recruitment and retention of qualified individuals in the federal workforce.
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