Whether you are an avid marijuana user, involved in the agricultural growth and retail industry or simply interested in following policy reforms, Detroiters should be better informed on how to safely navigate the consumption and sales business of the growing cannabis industry.
Cannabis law experts spoke to the Michigan Chronicle on how the laws have changed over the years and what residents must know before engaging in the culture of marijuana.
“I started in 1999 when I was sharing space over Anchor Bar,” Matthew Abel, founder of Cannabis Counsel in Detroit. “I mostly did criminal defense law on cannabis at the time. A lot of people were getting arrested in 2009 and 2010 and before [legalization] and the passing of the medical marijuana law because they just didn’t understand the law.”
Abel is also the former chair of the Cannabis Law Section of the Michigan state law and one of the founders of the International Cannabis Law Association.
He said there were plenty of grey areas of the law at the time that people need help navigating.
In 2008, Michigan became the 10th state to legalize medical marijuana for lawfully registered users 18 years of age or older.
Ten years later, the state became the 13th state to legalize recreational use. Keeping in mind federal law still bans cannabis use in accordance with the 1970 Controlled Substances Act (CSA).
Prior to statewide legislation, several cities in Southeastern Michigan adopted local reforms to decriminalize marijuana use and possession, including Detroit, Ferndale, Berkley, East Lansing, Flint, Hazel Park and others.
“My phones were ringing off the hook with people asking questions,” said Abel, “Folks wanted to learn how to become patients and caregivers and then caregivers were looking for a business angle, even though there were almost 10 more years before there was a license. I was mostly cautioning them by saying this isn’t legal and that’s not legal.”
Although policies have relaxed in recent years, there are still stipulations to keep in mind.
“Don’t drive under the influence,” advises Abel. “That’s number one. Most people don’t, they realize it. It doesn’t lower their inhibition like it does with alcohol. If you’re using edibles, gummies seem to be one of the most popular varieties, start low and go slow. Don’t overdo it. It takes about an hour to kick in, but everyone’s metabolism is different.”
After legalization passed, Abel and his team at Cannabis Counsel refocused their work with entrepreneurial-minded clients seeking business opportunities in a booming industry. The law firm handles license applications, support and renewal, regulatory compliance, business law and intellectual property law.
There are an estimated more than 25 to 50 micro- and mid-sized licensed grow facilities in Detroit.
Formerly Convicted Detroiters Seek Expungement to Remove Economic Obstacles
In 2012, Detroit voters supported Proposal M: Ordinance to Amend the 1984 Detroit City Code, enabling individuals caught with one ounce of marijuana on private property to face a civil infraction. These early steps amended local policy to “exempt adults, 21 years of age or older, from criminal prosecution.”
However, thousands of formerly convicted Detroiters prior to this change still face social and economic barriers due to the drug-related charges on their records.
In 2019, the University of Detroit-Mercy, in partnership with the Michigan Supreme Court and Michigan State Bar Foundation, launched a traveling expungement clinic to assist eligible individuals with “the process for asking a court to set aside a conviction and expunge their criminal record.”
“When someone calls for a marijuana conviction, I always ask them, is this conviction posing problems for you?” said Rebecca Nowak, director of clinical operations and outreach at University of Detroit Mercy Law.
“Occasionally, you get people that might not, but a lot of people say yes. Housing, employment, these are barriers if you have a record.”
In 2021, Governor Whitmer signed legislation allowing a clean slate for non-repeat Operating While Impaired (OWI) offenders. The law was expected to provide an estimated 200,000 eligible people an opportunity at a clean record.
Earlier that year, in anticipation of the bill’s passage, Mayor Mike Duggan urged thousands of Detroiters to apply for expungement assistance through Project Clean Slate.
“Under the old statue in 2019,” said Nowak, “We assisted 370 people over a few months. A lot of people were not eligible under the old statute. In 2019, to be eligible you could only have one felony and two misdemeanors. Now [since 2021], you can have three felonies and unlimited misdemeanors. There are some nuances and exceptions, but it opens up hope for a lot of people.”
If you are involved in an auto accident where you are deemed at fault for driving under the influence, you are ineligible for expungement.
For people who are still incarcerated on drug-related charges, Nowak said she has advised folks to be patient with the waiting time for expungement eligibility once released, even though it can be frustrating.
“Ultimately it’s the judge that decides,” said Nowak. “The clock starts ticking on the last day of probation. It’s a seven-year waiting period if a person has more than one felony, five years for one felony or one or more serious misdemeanors, and three years for one or more misdemeanors.
“You’ve just got to wait, there is nothing I can do for you while incarcerated, but there is something you can do for yourself. If you stay out of trouble for this amount of time, you could be eligible to have your conviction set aside.”