Jennifer Eberbach

Livingston Daily

UPDATE: Sheriff's officials clarified inaccurate statements in this article. According to officials, no random checks for medical marijuana patients and caregivers are planned.

Original article below:

Caregivers and cardholders in Livingston County could find a sheriff's deputy at the door doing spot checks to make sure they are in compliance with Michigan's medical marijuana laws. Local law enforcement is preparing to beef up enforcement.

The county's sheriff department plans to establish a new medical marijuana oversight program after being awarded a state grant that will reimburse up to $47,438 of the cost through September. It will be spent on enforcement, equipment and education.

"We already enforce the state laws, but this will allow for a targeted response for compliance checks," Lt. Eric Sanborn of the Livingston County Sheriff's Office said.

"It would be spot checks. There doesn't necessarily have to be a problem, it's just to make sure people are in compliance," he said.

Officers can show up unannounced.

"It does us no good to let them know we are coming," he said.

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It was unsettling news to Howell-area attorney and founder of the Michigan Cannabis Development Association Denise Pollicella, who said compliance checks are "incredibly invasive."

"My reaction as an attorney is that it is wildly unconstitutional to show up to make sure people are complying with the law, in terms of due process," Pollicella said. "That hasn't been well-defined enough in the courts."

Pollicella helped draft legislation to revise medical marijuana laws in Michigan, and the state Senate last fall passed a package of bills that, in part, create a licensing system for commercial marijuana businesses. The bills — HB 4209-4210, HB 4827, SB 141 and SB 1014 — build upon the law passed by voters to legalize medical marijuana in 2008.

"I have no problem with law enforcement enforcing the law. But I don't think it's necessary for them to get additional funding to target medical marijuana," she said.

There are 1,812 medical marijuana patients with state-issued cards residing in Livingston County, according to state data supplied by the sheriff's department. There are about 184,000 people in the county.

READ MORE: Local medical pot advocate thrilled about new laws

The grant money is part of about $3 million pulled from medical marijuana patient fees that the state distributes to counties throughout Michigan for “education, communication and enforcement” of state medical marijuana laws, according to Michael Loepp, a spokesman for the Department of Licensing and Regulatory Affairs.

The county's share of the grant money would pay for equipment, like additional portable radios and mobile computers, and also cover personnel costs and overtime.

"A lot of it is about education," which the grant money will help fund, Sanborn said. "I can tell you right now, there are a lot of cardholders and caregivers out there that don't understand what the rules are and what is required of them by law. We also anticipate holding a public forum to educate the general public."

Although there are currently no dispensary store fronts in the county, there are smoke shops that sell paraphernalia.

Sanborn said officers will check up on stores that sell things like pipes and other equipment used to consume medical marijuana, but are not allowed to dispense medical marijuana.

"There might not be any true dispensaries in the county, but there are certainly stores that sell (related items), and we want to make sure these shops are not overstepping their bounds," he said.

The finance committee of the Livingston County Board of Trustees, which is comprised of the county's nine commissioners, voted unanimously Wednesday in favor of allowing the sheriff's department to accept the grant money. They are expected to give it a final stamp of approval at the board's March 6 meeting, which will be held at 7:30 p.m.in the boardroom of the county administration building at 304 E Grand River Ave. in Howell.

Lansing State Journal reporter Beth LeBlanc contributed to this report. Contact Livingston Daily reporter Jennifer Eberbach at 517-548-7148 or at jeberbach@livingstondaily.com. Follow her of Twitter @JenEberbach