Medical Marihuana Dispensary

The Med Joint Community Compassion Center in Oshtemo, which closed in May, dispensed different varieties of medical marijuana with nutritional supplements for specific pain relief.

(MLive.com File Photo)

LANSING, MI -- Medical marijuana dispensaries could return to Michigan under a proposal heading to the state House floor for consideration.

The House Judiciary Committee on Tuesday unanimously approved bills that would update the voter-approved Michigan Marihuana Act of 2008 to make way for dispensaries and allow more parts of the plant to be used in edibles.

The panel, in a 8-1-2 vote (with two Democrats passing), also approved a proposal to create a separate "pharmaceutical-grade cannabis" registry in the event that the federal government ever reclassifies marijuana as a Schedule II drug fit for medical use.

House Bill 4271, introduced by state Rep. Mike Callton, R-Nashville, would empower local communities to decide whether they want to allow dispensaries. Medical marijuana storefronts had operated in Michigan until a February ruling by the state Supreme Court forced them to close.

The substitute version approved Tuesday would require testing of medical marijuana sold through the "provisioning centers" and prohibit them from cultivating the plant, meaning they could only sell excess marijuana grown by certified caregivers or patients.

Callton, who fine-tuned the bill with input from municipalities and law enforcement officials, said the proposal would improve patient access and care.

"If you get your recommendation from a doctor, instead of waiting four to six months for someone to grow plants for you -- and you may be dead by then -- you'll be able to go right away to a provisioning center and get the medicine you need," Callton told MLive.

House Bill 5104, sponsored by state Rep. Eileen Kowall, would update the medical marijuana law to clarify that multiple parts of the plant -- including dried leaves, resin and extracts -- can be eaten or otherwise used by patients.

The version approved Tuesday includes new language defining the allowable amount of edible or topical marijuana that patients or caregivers can possess.

The Michigan Court of Appeals, in a July decision, ruled that "pot brownies" are not a usable form of marijuana under the medical law, essentially prohibiting non-smokable forms of the drug, including topical creams, drops and edibles. An appeal request has been filed with the Michigan Supreme Court.

Tim Beck, who helped spearhead the 2008 petition drive for medical marijuana, praised the passage of the bill despite some concerns with the proposed testing requirements and regulations.

"Nobody has ever died of an overdose of marijuana," said Beck. "Even marijuana that has mold might be unpleasant, but it's not a fatal situation. Most marijuana is not contaminated. Stuff you buy from Mexico is another story, but around here, people are very, very careful. It think the need (for testing) is a little exaggerated, but that's the sausage-making process."

Despite unanimous passage in committee, the bills face an uncertain future in the state Legislature, which has generally moved to add regulations to the voter-approved medical marijuana law rather than expand it.

Senate Bill 660, already approved by the upper chamber, faces a more likely path to passage, but it would have no effect unless the federal government reschedules marijuana.

Sponsoring Sen. Roger Kahn, R-Saginaw Township, testified last week that the new registry would not replace the state's caregiver-patient model, but it would provide patients with the option to access carefully tested and consistently dosed medicine.

Kahn worked on the bill with former state House Speaker Chuck Perricone, who now represents Prairie Plant Systems. The bio-pharmaceutical company has been Canada's primary medical marijuana provider for more than a decade and would like to grow the drug in a former copper mine that it owns in Michigan's Upper Peninsula.

State Rep. Jeff Irwin, D-Ann Arbor, opposed the bill because it would require patients to give up their current medical marijuana certification if they wanted access to the pharmaceutical-grade registry, forcing them to pay another $100 fee if they changed their mind and wanted to return to the patient-caregiver model.

"I would like to not charge citizens twice for the same access to the same service," said Irwin, who proposed an unsuccessful amendment to waive the fee for recertification in the original medical marijuana program.

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