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Thursday, June 14, 2018

Fightin' 1st: Osmer Goes To War With Trucker Randy After Bishop Backs Democrat Scott Dianda For State Senate

Osmer, left, Bishop, right


By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


They don't call it the "fightin' 1st" for nothin'! 

Politics always seems to be full of drama in Northern Michigan.

That trend continued this week after Randy Bishop, a conservative radio host who is also the Chair of the Antrim County Republican Party near the Traverse City area, endorsed a Democrat for State Senate.

1st District Republican Party Chair Jesse Osmer didn't like that, so he rolled up his sleeves, loosened his trademark boe-tie, and got to work rallying Republicans against Bishop, calling for his resignation.

Bishop's supporters in Antrim responded that they were sticking by the controversial firebrand known in Republican circles as "Trucker," mostly because he has helped grow the party, big league. That seems to be how most Republicans there feel.

The First Congressional District Executive Committee responded by censuring Bishop, and Osmer has offered anyone in Antrim who wants to push for Bishop's removal assistance.

According to a statement:

"Earlier this evening, Randy Bishop was formally censured by the District Committee for his endorsement of Planned Parenthood’s candidate for the 38th State Senate Seat. The Democrat that Mr. Bishop has featured on his radio program is supporting Gretchen Whitmer for Governor and previously served on the Hillary for America, Michigan Leadership Council.

We urge Mr. Bishop to resign as chairman of the Antrim County GOP. #ResignRandy"

Only the Antrim County Republican Party's Executive Committee can give Bishop the boot, and the votes aren't there for that.

Stay tuned for more on this, as well as the Democrat that Trucker endorsed, Scott Dianda.
 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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Tatulyan Promises "Major Endorsement" In 39th District State House Race Tonight

Tatulyan, left, Scott Hagerstrom, right


By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


Kevin Tatulyan, the former Coalitions Chair for President Trump's Michigan campaign, as well as the Michigan Republican Party, promises a major endorsement tonight in his race for State House in the 39th District.

Tatulyan, a small business owner in the area, made the announcement in a Facebook statement Wednesday evening.

"I am looking forward to announcing a major endorsement tomorrow night for my campaign to be the next State Representative in the 39th District," Tatulyan said. "Thank you all for your continued support!"

The 39th District is currently represented by State Rep. Klint Kesto, who is now running for Congress.

Other candidates include Ryan Berman and Marsha Kosmatka, both are attorneys.

 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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Developing: Is Lon Johnson Thinking About A Rematch With Rep. Jack Bergman?

Lon Johnson


By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


Is Lon Johnson prepping for round 2 with Congressman Jack Bergman?

A recent Facebook post seems to show the former MDP Chair, who lost to Bergman in 2016, may be thinking about a rematch this fall.

All he'd have to do is win a write in campaign this summer against Matt Morgan after Morgan was thrown off the ballot for using a P.O. Box instead of his real address.

Bergman beat Johnson by 15%, 55-40, aided by a strong performance in Northern Michigan from President Trump.

So why might Johnson be thinking about jumping in?

This Facebook post isn't from someone who's NOT considering a run:

Stay tuned!

And it looks like Morgan was watching... He just released a video this morning calling for the shut down of line 5! :)
 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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Monday, June 11, 2018

Legalize It? Read The Full Marijuana Proposal Being Voted On In November



By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


Michiganders will decide marijuana legalization at the ballot box in November after the legislature opted not to pass the initiative last week.

Here is the full proposal voters will be deciding:

An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. The people of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act.
Sec. 2. The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older, to make industrial hemp legal under state and local law, and to control the commercial production and distribution of marihuana under a system that licenses, regulates, and taxes the businesses involved. The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market; prevent revenue generated from commerce in marihuana from going to criminal enterprises or gangs; prevent the distribution of marihuana to persons under 21 years of age; prevent the diversion of marihuana to illicit markets; ensure the safety of marihuana and marihuana-infused products; and ensure security of marihuana establishments. To the fullest extent possible, this act shall be interpreted in accordance with the purpose and intent set forth in this section.
Sec. 3. As used in this act:
(a) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
(b) "Department" means the department of licensing and regulatory affairs.
(c) "Industrial hemp" means a plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent ofdelta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
(d) "Licensee" means a person holding a state license.
(e) "Marihuana" means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include:
(1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) industrial hemp; or
(3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(f) "Marihuana accessories" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.
(g) "Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.
(h) "Marihuana establishment" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.
(i) "Marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
(j) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
(k) "Marihuana microbusiness" means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
(l) "Marihuana processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
(m) "Marihuana retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
(n) "Marihuana secure transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(o) "Marihuana safety compliance facility" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
(p) "Municipal license" means a license issued by a municipality pursuant to section 16 of this act that allows a person to operate a marihuana establishment in that municipality.
(q) "Municipality" means a city, village, or township.
(r) "Person" means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
(s) "Process" or "Processing" means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.
(t) "State license" means a license issued by the department that allows a person to operate a marihuana establishment.
(u) "Unreasonably impracticable" means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment.
Sec. 4. 1. This act does not authorize:
(a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;
(b) transfer of marihuana or marihuana accessories to a person under the age of 21;
(c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;
(d) separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;
(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;
(f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
(h) possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or
(i) Possessing more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.
3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer's property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person's violation of a workplace drug policy or because that person was working while under the influence of marihuana.
4. This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.
5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act.
Sec. 5. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:
(a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;
(b) within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;
(c) assisting another person who is 21 years of age or older in any of the acts described in this section; and
(d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person 21 years of age or older and the distribution or sale of marihuana accessories to a person 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege.
3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
Sec. 6. 1. Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.
2. A municipality may adopt other ordinances that are not unreasonably impracticable and do not conflict with this act or with any rule promulgated pursuant to this act and that:
(a) establish reasonable restrictions on public signs related to marihuana establishments;
(b) regulate the time, place, and manner of operation of marihuana establishments and of the production, manufacture, sale, or display of marihuana accessories;
(c) authorize the sale of marihuana for consumption in designated areas that are not accessible to persons under 21 years of age, or at special events in limited areas and for a limited time; and
(d) designate a violation of the ordinance and provide for a penalty for that violation by a marihuana establishment, provided that such violation is a civil infraction and such penalty is a civil fine of not more than $500.
3. A municipality may adopt an ordinance requiring a marihuana establishment with a physical location within the municipality to obtain a municipal license, but may not impose qualifications for licensure that conflict with this act or rules promulgated by the department.
4. A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality.
5. A municipality may not adopt an ordinance that restricts the transportation of marihuana through the municipality or prohibits a marihuana grower, a marihuana processor, and a marihuana retailer from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
Sec. 7. 1. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The department shall employ personnel and may contract with advisors and consultants as necessary to adequately perform its duties. No person who is pecuniarily interested, directly or indirectly, in any marihuana establishment may be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the department may not be personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of their duties in the implementation, administration, or enforcement of this act. The department of state police shall cooperate and assist the department in conducting background investigations of applicants. Responsibilities of the department include:
(a) promulgating rules pursuant to section 8 of this act that are necessary to implement, administer, and enforce this act;
(b) granting or denying each application for licensure and investigating each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant;
(c) ensuring compliance with this act and the rules promulgated thereunder by marihuana establishments by performing investigations of compliance and regular inspections of marihuana establishments and by taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or rules and suspending, restricting, or revoking a state license;
(d) holding at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act;
(e) collecting fees for licensure and fines for violations of this act or rules promulgated thereunder, depositing all fees collected in the marihuana regulation fund established by section 14 of this act, and remitting all fines collected to be deposited in the general fund; and
(f) submitting an annual report to the governor covering the previous year, which report shall include the number of state licenses of each class issued, demographic information on licensees, a description of enforcement and disciplinary actions taken against licensees, and a statement of revenues and expenses of the department related to the implementation, administration, and enforcement of this act.
Sec. 8. 1. The department shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including:
(a) procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license;
(b) a schedule of fees in amounts not more than necessary to pay for implementation, administration, and enforcement costs of this act and that relate to the size of each licensee or the volume of business conducted by the licensee;
(c) qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment, provided that a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor;
(d) requirements and standards for safe cultivation, processing, and distribution of marihuana by marihuana establishments, including health standards to ensure the safe preparation of marihuana-infused products and prohibitions on pesticides that are not safe for use on marihuana;
(e) testing, packaging, and labeling standards, procedures, and requirements for marihuana, including a maximum tetrahydrocannabinol level for marihuana-infused products, a requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility, and a requirement that the amount of marihuana or marihuana concentrate contained within a marihuana-infused product be specified on the product label;
(f) security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments, provided that such requirements do not prohibit cultivation of marihuana outdoors or in greenhouses;
(g) record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees;
(h) requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced;
(i) reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments;
(j) a plan to promote and encourage participation in the marihuana industry by people from communities that have been disproportionately impacted by marihuana prohibition and enforcement and to positively impact those communities; and
(k) penalties for failure to comply with any rule promulgated pursuant to this section or for any violation of this act by a licensee, including civil fines and suspension, revocation, or restriction of a state license.
2. In furtherance of the intent of this act, the department may promulgate rules to:
(a) provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana, licenses that authorize the consumption of marihuana within designated areas, licenses that authorize the consumption of marihuana at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education; or
(b) regulate the cultivation, processing, distribution, and sale of industrial hemp.
3. The department may not promulgate a rule that:
(a) establishes a limit on the number of any type of state licenses that may be granted;
(b) requires a customer to provide a marihuana retailer with identifying information other than identification to determine the customer's age or requires the marihuana retailer to acquire or record personal information about customers other than information typically required in a retail transaction;
(c) prohibits a marihuana establishment from operating at a shared location of a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower, marihuana processor, or marihuana retailer from operating within a single facility; or
(d) is unreasonably impracticable.
Sec. 9. 1. Each application for a state license must be submitted to the department. Upon receipt of a complete application and application fee, the department shall forward a copy of the application to the municipality in which the marihuana establishment is to be located, determine whether the applicant and the premises qualify for the state license and comply with this act, and issue the appropriate state license or send the applicant a notice of rejection setting forth specific reasons why the department did not approve the state license application within 90 days.
2. The department shall issue the following state license types: marihuana retailer; marihuana safety compliance facility; marihuana secure transporter; marihuana processor; marihuana microbusiness; class A marihuana grower authorizing cultivation of not more than 100 marihuana plants; class B marihuana grower authorizing cultivation of not more than 500 marihuana plants; and class C marihuana grower authorizing cultivation of not more than 2,000 marihuana plants.
3. Except as otherwise provided in this section, the department shall approve a state license application and issue a state license if:
(a) the applicant has submitted an application in compliance with the rules promulgated by the department, is in compliance with this act and the rules, and has paid the required fee;
(b) the municipality in which the proposed marihuana establishment will be located does not notify the department that the proposed marihuana establishment is not in compliance with an ordinance consistent with section 6 of this act and in effect at the time of application;
(c) the property where the proposed marihuana establishment is to be located is not within an area zoned exclusively for residential use and is not within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12, unless a municipality adopts an ordinance that reduces this distance requirement;
(d) no person who holds an ownership interest in the marihuana establishment applicant:
(1) will hold an ownership interest in both a marihuana safety compliance facility or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a marihuana retailer, or a marihuana microbusiness;
(2) will hold an ownership interest in both a marihuana microbusiness and in a marihuana grower, a marihuana processor, a marihuana retailer, a marihuana safety compliance facility, or a marihuana secure transporter; and
(3) will hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness, except that the department may approve a license application from a person who holds an ownership interest in more than 5 marihuana growers or more than 1 marihuana microbusiness if, after January 1, 2023, the department promulgates a rule authorizing an individual to hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness.
4. If a municipality limits the number of marihuana establishments that may be licensed in the municipality pursuant to section 6 of this act and that limit prevents the department from issuing a state license to all applicants who meet the requirements of subsection 3 of this section, the municipality shall decide among competing applications by a competitive process intended to select applicants who are best suited to operate in compliance with this act within the municipality.
5. All state licenses are effective for 1 year, unless the department issues the state license for a longer term. A state license is renewed upon receipt of a complete renewal application and a renewal fee from any marihuana establishment in good standing.
6. The department shall begin accepting applications for marihuana establishments within 12 months after the effective date of this act. Except as otherwise provided in this section, for 24 months after the department begins to receive applications for marihuana establishments, the department may only accept applications for licensure: for a class A marihuana grower or for a marihuana microbusiness, from persons who are residents of Michigan; for a marihuana retailer, marihuana processor, class B marihuana grower, class C marihuana grower, or a marihuana secure transporter, from persons holding a state operating license pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801; and for a marihuana safety compliance facility, from any applicant. One year after the department begins to accept applications pursuant to this section, the department shall begin accepting applications from any applicant if the department determines that additional state licenses are necessary to minimize the illegal market for marihuana in this state, to efficiently meet the demand for marihuana, or to provide for reasonable access to marihuana in rural areas.
7. Information obtained from an applicant related to licensure under this act is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 10. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act or the rules promulgated thereunder, the following acts are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection except as authorized by this act, and are not grounds to deny any other right or privilege:
(a) a marihuana grower or an agent acting on behalf of a marihuana grower who is 21 years of age or older, cultivating not more than the number of marihuana plants authorized by the state license class; possessing, packaging, storing, or testing marihuana; acquiring marihuana seeds or seedlings from a person who is 21 years of age or older; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services;
(b) a marihuana processor or agent acting on behalf of a marihuana processor who is 21 years of age or older, possessing, processing, packaging, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for goods or services;
(c) a marihuana secure transporter or an agent acting on behalf of a marihuana secure transporter who is 21 years of age or older, possessing or storing marihuana; transporting marihuana to or from a marihuana establishment; or receiving compensation for services;
(d) a marihuana safety compliance facility or an agent acting on behalf of a marihuana safety compliance facility who is 21 years of age or older, testing, possessing, repackaging, or storing marihuana; transferring, obtaining, or transporting marihuana to or from a marihuana establishment; or receiving compensation for services;
(e) a marihuana retailer or an agent acting on behalf of a marihuana retailer who is 21 years of age or older, possessing, storing, or testing marihuana; selling or otherwise transferring, purchasing or otherwise obtaining, or transporting marihuana to or from a marihuana establishment; selling or otherwise transferring marihuana to a person 21 years of age or older; or receiving compensation for goods or services; or
(f) a marihuana microbusiness or an agent acting on behalf of a marihuana microbusiness who is 21 years of age or older, cultivating not more than 150 marihuana plants; possessing, processing, packaging, storing, or testing marihuana from marihuana plants cultivated on the premises; selling or otherwise transferring marihuana cultivated or processed on the premises to a person 21 years of age or older; or receiving compensation for goods or services.
(g) leasing or otherwise allowing the use of property owned, occupied, or managed for activities allowed under this act;
(h) enrolling or employing a person who engages in marihuana-related activities allowed under this act;
(i) possessing, cultivating, processing, obtaining, transferring, or transporting industrial hemp; or
(j) providing professional services to prospective or licensed marihuana establishments related to activity under this act.
2. A person acting as an agent of a marihuana retailer who sells or otherwise transfers marihuana or marihuana accessories to a person under 21 years of age is not subject to arrest, prosecution, forfeiture of property, disciplinary action by a professional licensing board, denial of any right or privilege, or penalty in any manner, if the person reasonably verified that the recipient appeared to be 21 years of age or older by means of governmentissued photographic identification containing a date of birth, and the person complied with any rules promulgated pursuant to this act.
3. It is the public policy of this state that contracts related to the operation of marihuana establishments be enforceable.
Sec. 11. (a) A marihuana establishment may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.
(b) A marihuana establishment may not cultivate, process, test, or store marihuana at any location other than a physical address approved by the department and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marihuana establishment to access the area.
(c) A marihuana establishment shall secure every entrance to the establishment so that access to areas containing marihuana is restricted to employees and other persons permitted by the marihuana establishment to access the area and to agents of the department or state and local law enforcement officers and emergency personnel and shall secure its inventory and equipment during and after operating hours to deter and prevent theft of marihuana and marihuana accessories.
(d) No marihuana establishment may refuse representatives of the department the right during the hours of operation to inspect the licensed premises or to audit the books and records of the marihuana establishment.
(e) No marihuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.
(f) No marihuana establishment may sell or otherwise transfer marihuana that was not produced, distributed, and taxed in compliance with this act.
(g) A marihuana grower, marihuana retailer, marihuana processor, marihuana microbusiness, or marihuana testing facility or agents acting on their behalf may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one time.
(h) A marihuana secure transporter may not hold title to marihuana.
(i) No marihuana processor may process and no marihuana retailer may sell edible marihuana-infused candy in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marihuana.
(j) No marihuana retailer may sell or otherwise transfer marihuana that is not contained in an opaque, resealable, child-resistant package designed to be significantly difficult for children under 5 years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995), unless the marihuana is transferred for consumption on the premises where sold.
(k) No marihuana establishment may sell or otherwise transfer tobacco.
Sec. 12. In computing net income for marihuana establishments, deductions from state taxes are allowed for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying out a trade or business.
Sec. 13. 1. In addition to all other taxes, an excise tax is imposed on each marihuana retailer and on each marihuana microbusiness at the rate of 10% of the sales price for marihuana sold or otherwise transferred to anyone other than a marihuana establishment.
2. Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed by this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section.
3. The department of treasury shall administer the taxes imposed under this act and may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328 that prescribe a method and manner for payment of the tax to ensure proper tax collection under this act.
Sec. 14. 1. The marihuana regulation fund is created in the state treasury. The department of treasury shall deposit all money collected under section 13 of this act and the department shall deposit all fees collected in the fund. The state treasurer shall direct the investment of the fund and shall credit the fund interest and earnings from fund investments. The department shall administer the fund for auditing purposes. Money in the fund shall not lapse to the general fund.
2. Funds for the initial activities of the department to implement this act shall be appropriated from the general fund. The department shall repay any amount appropriated under this subsection from proceeds in the fund.
3. The department shall expend money in the fund first for the implementation, administration, and enforcement of this act, and second, until 2022 or for at least two years, to provide $20 million annually to one or more clinical trials that are approved by the United States food and drug administration and sponsored by a non-profit organization or researcher within an academic institution researching the efficacy of marihuana in treating the medical conditions of United States armed services veterans and preventing veteran suicide. Upon appropriation, unexpended balances must be allocated as follows:
(a) 15% to municipalities in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the municipality;
(b) 15% to counties in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the county;
(c) 35% to the school aid fund to be used for K-12 education; and
(d) 35% to the Michigan transportation fund to be used for the repair and maintenance of roads and bridges.
Sec. 15. A person who commits any of the following acts, and is not otherwise authorized by this act to conduct such activities, may be punished only as provided in this section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law:
1. Except for a person who engaged in conduct described in sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), a person who possesses not more than the amount of marihuana allowed by section 5, cultivates not more than the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than the amount of marihuana allowed by section 5, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana.
2. Except for a person who engaged in conduct described in section 4, a person who possesses not more than twice the amount of marihuana allowed by section 5, cultivates not more than twice the amount of marihuana allowed by section 5, delivers without receiving any remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed by section 5, or possesses with intent to deliver not more than twice the amount of marihuana allowed by section 5:
(a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana;
(b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana;
(c) for a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana.
3. Except for a person who engaged in conduct described by section 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:
(a) for a first violation, is responsible for a civil infraction and may be punished as follows:
(1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or
(2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana.
(b) for a second violation, is responsible for a civil infraction and may be punished as follows:
(1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or
(2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana.
4. Except for a person who engaged in conduct described in section 4, a person who possesses more than twice the amount of marihuana allowed by section 5, cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
Sec. 16. 1. If the department does not timely promulgate rules as required by section 8 of this act or accept or process applications in accordance with section 9 of this act, beginning one year after the effective date of this act, an applicant may submit an application for a marihuana establishment directly to the municipality where the marihuana establishment will be located.
2. If a marihuana establishment submits an application to a municipality under this section, the municipality shall issue a municipal license to the applicant within 90 days after receipt of the application unless the municipality finds and notifies the applicant that the applicant is not in compliance with an ordinance or rule adopted pursuant to this act.
3. If a municipality issues a municipal license pursuant to this section:
(a) the municipality shall notify the department that the municipal license has been issued;
(b) the municipal license has the same force and effect as a state license; and
(c) the holder of the municipal license is not subject to regulation or enforcement by the department during the municipal license term.
Sec. 17. This act shall be broadly construed to accomplish its intent as stated in section 2 of this act. Nothing in this act purports to supersede any applicable federal law, except where allowed by federal law. All provisions of this act are self-executing. Any section of this act that is found invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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Prevailing RAGE: Union Dems Furious As Legislature Repeals Prevailing Wage Law



By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


The legislature repealed Michigan's prevailing wage law last week, dealing another major blow to the political power of union Democrats just 6 years after Gov. Snyder signed Right To Work into law.

In many cases, the prevailing wage law required municipalities to pay higher prices  for construction projects. Supporters say the law helped workers.

"Michigan’s leaders should be able to negotiate contracts based on what’s best for Michigan, not what’s best for big union bosses,"  Michigan Republican Party Chair Ron Weiser said in a press release.

Union leaders have been going ballistic, and they say Republicans will pay a political price for hurting workers.

The issue would have been voted on by the people in November if not passed by the legislature.

According to Dave Eggert of the AP:

"The Republican-controlled Michigan Legislature on Wednesday rescinded the state’s decades-old law that guarantees higher wages for construction workers on government projects, quickly enacting the repeal initiative rather than letting it go to a public vote. 

Though Gov. Rick Snyder opposed the measure, it was veto-proof because it was initiated through a ballot drive by nonunion contractors. The prevailing wage law requires paying the local wage and benefit rate — usually union scale — on state-financed construction of schools, university dorms and other public works projects.

Michigan is the fifth conservative-led state to annul its prevailing wage law since 2015. The repeal will take effect immediately but not affect existing contracts.

“The time has come to eliminate this outdated law and save our taxpayers money,” said Senate Majority Leader Arlan Meekhof, a West Olive Republican who has long pushed to repeal the measure that was enacted in 1965. Other GOP lawmakers called the law a government-mandated “carve-out” and a “price-fixing scheme.” 

Democrats voted against the legislation , saying it will result in lower paychecks and that it makes no sense as Michigan tries to address a shortage of tradespeople.
 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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Schuette's Flint Water Investigation Costs More Than Mueller's Russian Collusion Inquiry

Schuette


By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


The total cost of Robert Mueller's inquiry into the Trump campaign's alleged "collusion" with Russia during the 2016 election has been approximately $17 million so far, recent reports reveal.

The bill to Michigan taxpayers for the Flint Water Crisis investigation launched by Attorney General Bill Schuette? Over $23 million and climbing!

Interesting.

According to the Detroit News:

"The cost to defend and prosecute the Flint water investigation continues to climb, but attorneys on both sides say legal representation in one of the state’s largest criminal cases involving public officials is expensive.
The costs are expected to escalate in part because six current and former city and state officials have been charged with involuntary manslaughter related to one of the 12 deaths attributed to a 2014-15 outbreak of Legionnaires’ disease in the Flint area. The cost will zoom past the current tab of $23 million even with cost-cutting measures in place, lawyers said...
Schuette’s team has charged Lyon, Michigan Chief Medical Officer Eden Wells, two Flint emergency managers and two other officials with involuntary manslaughter in the Legionnaires’ death of a Genesee Township man who was originally declared dead from other conditions."
Contrast that tab, nearly $25 million last October, with Robert Mueller and the Russia inquiry, which has cost $17 million.
According to Time:
"The bill for special counsel Robert Mueller’s investigation into Russian interference in the U.S. election has totaled about $16.7 million over the course of its first year, according to a count by the Justice Department.
From October 2017 through March 2018, the probe rang up nearly $10 million in expenses, according to a tally released by the Department of Justice on Thursday. That’s in addition to the $6.7 million spent in the first five months, starting in May 2017, when Mueller was appointed to investigate whether President Donald Trump or any of his aides colluded with Russia during the 2016 presidential election.
The latest spending receipts show the special counsel’s office directly spent $4.5 million from October to March. The bulk of that money — $2.7 million — was allocated to personnel compensation and benefits. Another half a million was used for travel fees."
 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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New Pensler Ad Hitting John James Over Dem Contribution Shows The GOP Senate Race Is Heating Up Big League



By Brandon Hall
(Email Him At WestMIPolitics@Gmail.com)


It's clear that as the August primary quickly approaches, the Republican US Senate campaign is heating up big league.

The latest?

Sandy Pensler says he's the "real conservative" in the race to replace Sen. Debbie Stabenow in a controversial new ad attacking John James for a $500 donation in 2015 to a liberal member of Detroit's City Council, a council member who has led the fight for keeping the D a "sanctuary city" for illegals.

James says the ad proves Pensler is a "desperate liberal," covering up for previously being pro-choice nearly 30 years ago.

For James, the $500 donation seems to be his only donation to anyone, ever: he's never donated to any Republican candidates, or anyone else. 

Pensler says he no longer supports abortion and became pro life after the birth of his son decades ago. (Presidents Trump and Reagan were also pro choice at one time, as was Attorney General Schuette, and many others.)

So, how did we get here?

The race originally started last year with James, an Iraq War vet, as well as former Chief Justice of the Michigan Supreme Court Bob Young, and business owner Lena Epstein.

Then, last fall, Epstein decided to run for Rep. David Trott's open seat, and Young dropped out. Pensler, a businessman who rescues failing companies, subsequently entered the race. 

James initially struggled to raise money after announcing, but has improved his standing in recent months. Pensler is self funding and has already given his campaign around $5 million.

Pensler introduced himself to voters with a Super Bowl ad touting his message of putting "Michigan First," saying he was "Detroit Tough." It didn't quite have the impact Gov. Snyder's famous "One Tough Nerd" ad did in 2010, nor Shri Thanedar's popular commercial, but it was effective. The first ad from James prominently featured his military service.

While Pensler has mostly used his money to relentlessly run a TV and digital ad war, James has built a grassroots army and frequently appears on Fox News and other outlets, racking up earned media appearances.

The latest poll shows Pensler has a comfortable lead, but James is still within striking distance: Pensler leads James by 10, 36% to 26% with nearly 40% undecided.

Both men have a business background, with Pensler founding his own company that has been in business for decades. Pensler is known for taking over failing companies and then turning them around. James touts his experience helping run his family's factory in Metro Detroit.

Another contentious issue has been debates. James proposed 3, Pensler agreed to 1 and helped organize it. The two will battle on a July 6th episode of "Off The Record," which will be moderated by host Tim Skubick.

With less than two months to go, expect a nasty race similar to the campaigns for Governor and Attorney General as Pensler hopes to seal the deal and James hopes to mount a comeback. 

James has a powerful story, but will he have the resources to make sure enough voters hear it? If so, this race could go down to the wire.

Stay tuned!

 __________________________________________________________________

Brandon Hall is a lifelong political nerd from Grand Haven, and is the Managing Editor of West Michigan Politics.

>>>Email him at WestMIPolitics@Gmail.com
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