Where’s The Smoke: The growing push, and continuing pushback, over marijuana law...

Where’s The Smoke: The growing push, and continuing pushback, over marijuana law reform

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Story by Jason Shubnell

Marijuana has become one of the hottest topics in America the last few years. Newspaper and URL headlines are filled with drug-related puns, but the growing legality of marijuana is very real.

“I do think that public perception of marijuana, as well as criminal laws, are out of tune with the reality of things,” said attorney Matthew Abdo, a Ferndale resident. Abdo is a criminal defense attorney with more than 2,000 court appearances in the last five years. Drug crimes, marijuana in particular, are a large part of his practice. Along with colleague Matthew LaGrasso, they specialize in defending clients in medical marijuana cases.

Voters in Colorado, Washington, Oregon, Alaska and Washington D.C. have already passed measures allowing the legalization of recreational marijuana. Twenty-three additional states now allow for medicinal marijuana.

MSU’s States News recently reported on the latest marijuana polls, which show a “growing number of residents agree that, in Michigan, marijuana should be taxed and regulated the same way as alcohol.”

A recent SurveyUSA poll (sponsored by the Michigan Medical Marijuana Report) of 500 state residents showed that 64 percent of Michigan citizens would vote “yes” on a ballot proposal that would tax and regulate the drug to increase school and road funding.

Marijuana is currently decriminalized by the city of Ferndale if you’re over 21 and have a limited amount (one ounce or less) for personal use in your home. This is very similar to the statewide law In Colorado.

Ann Arbor, Flint, Grand Rapids, Ypsilanti, Jackson and Kalamazoo have passed laws to decriminalize small amounts or reduce the penalties for marijuana possession. Late last year, Berkley, Huntington Woods, Mount Pleasant, Port Huron and Saginaw also joined the list.

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When asked if marijuana should be legalized, Abdo says that he be- lieves that Michigan residents just simply aren’t ready for the legaliza- tion of medical and recreational marijuana.

“Though medical marijuana was passed by the voters by a majority, it is still not very popular with government institutions. The trend seems to be accept- ing the medical piece before outright legalization,” he said. “Unfortunately, the Michigan Marijuana Act has turned a lot of growers into felons because they’ve just slightly failed to follow the law. I do not believe that was the law’s intention, nor do I think that is the best use of taxpayer dollars to prosecute.”

Back in December, legislation that would have allowed for the legal return and regulation of medical marijuana dispensaries in Michigan fizzled. As reported by Mlive, “House Bill 4271, approved a year ago by the lower chamber, wrapped up the 2013-14 session… without acting on the measure.”

“It’s hard to admit when you’re wrong,” Alan Brochstein, one of the leading marijuana stock analysts in the country, told me last year. “(The U.S. government) has to have a graceful exit (from the war on drugs.) Just think about how long it took to get out of Vietnam.” Brochstein has an educational product, 420 Investor, on Marketfy.com which teaches people about investing in marijuana-related stocks.

The state of Colorado recently wrapped up its first full year of marijuana legalization. The state is on track to collect almost $50 million in taxes and fees for 2014 on sales of at least $500 million.

Speaking about Michigan, Abdo said, “In a state strapped for money, I think putting thought into making it part of a solid licensing system, revenue, and tax stream is something worth putting thought into.”

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