Medical marijuana

Budding medical marijuana plant

(File Photo)

LANSING, MI -- Michigan landlords could restrict the use or cultivation medical marijuana on private property under a new proposal up for debate this week in the Legislature.

Senate Bill 783, sponsored by Sens. Rick Jones (R-Grand Ledge) and James Marleau (R-Lake Orion), would make it illegal to smoke or grow medical marijuana on private property if the owner prohibits it.

"When you grow marijuana, it puts moisture in the walls, and it sometimes destroys the property," said Jones, a former Eaton County sheriff. "We've had lights tip over and cause fires, endangering other residents. And obviously, if the smoke is traveling throughout the apartments, it can bother other residents."

Jones, who chairs the Senate Judiciary Committee, has scheduled a public hearing on the legislation Tuesday afternoon.

Michigan is home to more than 115,000 medical marijuana patients and 27,000 registered caregivers, according to the most recent numbers from the Department of Licensing and Regulatory Affairs.

The Michigan Medical Marihuana Act, approved by voters in 2008, allows patients to grow up to 12 plants for personal use. Caregivers can grow for up to five patients in an enclosed, locked facility on property they own, lease or rent.

Matt Able, an attorney who heads the Detroit-based Cannabis Counsel, called the proposed legislation a "hostile" and "unnecessary" update to Michigan's medical marijuana law.

"It would end up so some people couldn't even use it in their own residence," he said. "People who can afford their own home don't have to worry about it but people who are less fortunate and rent would be subject to the predilection of their landlords. It's discriminatory."

Tim Beck, who helped spearhead Michigan's medical marijuana law and owns a handful of rental properties in the Detroit area, said he generally supports the legislation, which he does not believe would prevent a patient from vaporizing the drug or consuming an edible version.

"I don't think it's anything outrageous or absurd," Beck said. "There's people that are doing damage. They're borderline criminals. For some of these people, their lease may as well be a piece of toilet paper, and things get wrecked. This will put some teeth in place, and if they don't get permission, there will be serious consequences."

Removing the criminal exemption for renters could have a marginal increase on the number of violations, according to the Senate Fiscal Agency. Under the Public Health Code, unsanctioned possession of marijuana is a misdemeanor punishable by up to a year in prison and/or a fine of up to $2,000. Use is punishable by up to 90 days in prison and/or a fine of $100.

The Michigan Senate has taken a harder-line stance on medical marijuana than the House, which recently approved GOP-backed legislation that would allow for the return of regulated dispensaries and expand the definition of edible products usable under the law.

Senate Majority Leader Randy Richardville (R-Monroe) referred both House bills to his own Senate Government Operations Committee. He told reporters last week that he remains wary of dispensaries but plans to schedule a public hearing on the legislation this month or next.

"My number one concern is playgrounds, neighborhoods and school yards where we could have leakages," Richardville said, "and I want to make sure we have a chance to explore that in great detail before we move anything."

Editor's note: This post was updated with comments from medical marijuana activist Tim Beck, who helped spearhead Michigan's 2008 voter-approved law.

Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Google+ or follow him on Twitter.