If Michigan Phases Out Cannabis, Will Other States Follow?

As prohibition remains in place at the federal level, a new bill from a Michigan lawmaker asks a bold question: Can individual states deregulate cannabis at the federal level? And if they do, what exactly will they achieve?

In 2018, Michigan voters approved legalizing adult use via the Proposal 1 ballot initiative. However, the initiative could not cover all the nuances of legalization. To fill those gaps, Yousef Rabhi, Michigan Representative and leader of the Democratic Party, introduced House Bill 5877 earlier this month. In an unprecedented move, HB5877 would remove cannabis entirely from Michigan’s state controlled substance list. (Yes, states usually have their own controlled substance lists in addition to the federal list.)

Many gray areas are still unresolved

Rabhi argues that his bill would address issues left in a legal gray area by statewide legalization laws — such as discrimination in housing and employment. State debt restructuring may not solve all the problems created by the federal ban, but the introduction of Rabhi’s bill underscores – and increases – the need for federal reform.

National legalization experts are similarly aware of the remnants of drug war laws that have remained scattered but alive following nationwide legalization.

“When you design a ballot initiative, you’re often limited by what policies you can change,” Matthew Schweich, associate director of the Marijuana Policy Project (MPP), told Leafly. Schweich was director of the Proposition 1 campaign in Michigan in 2018. “It is often the case that an election initiative does not solve all problems. Then thereafter, lawmakers must take action to essentially ensure that the other laws in the state are consistent with the policies approved by voters.”

A seasoned activist pushes for change

Rep. Rabhi is no stranger to advocating drug reform in Michigan. For years he campaigned for legalization in the state, emphasizing both racial justice and economic pragmatism. “The war on drugs … is a war on people of color,” he told the crowd at Ann Arbor’s hash bash in 2017. “The reality is, like it or not, people use marijuana. Bans don’t work.”

Rabhi is framing his new bill as a way to clean up and streamline existing state law. “We need to make sure that when we look at our code books, our laws don’t continue to criminalize activities that voters overwhelmingly said should be legal,” he told Leafly.

What would a debt restructuring at the state level achieve?

Rabhi argues that HB5877 could have a greater impact on residents’ daily lives than a state deplanning. “A lot of people aren’t aware of that [in addition to] in addition to the federal timetable, there is also a state timetable,” he explained. “There are dozens of laws associated with the state schedule. Even if there were successful efforts in Washington to get cannabis off the schedule, it wouldn’t necessarily change state statute books.”

Rabhi stated that HB 5877 would solve many of the challenges faced by cannabis users in Michigan regarding residential and employment discrimination. He also noted that the bill would prevent the state from using cannabis use as a justification to remove a child from a parent’s care, including medical marijuana patients.

“If child protection services go into a home and see someone using cannabis … they can use that against them,” he explained, given marijuana’s status on Michigan’s state controlled substance list. “That needs to change. If we remove it from this list, it can no longer be used against parents in such cases.”

In fact, Leafly reported on an infamous case that occurred in Michigan from 2014 to 2017. As police and paramedics responded to a medical emergency at Max Lorincz and Erica Chittenden’s home, a deputy discovered medical marijuana in the couple’s kitchen. The couple’s four-year-old son, Dante, was then picked up by the state youth welfare office. Lorincz and Chittenden endured a nightmarish three-year battle to regain custody of their son. At the time, medical marijuana was perfectly legal in Michigan, and Lorincz was a registered patient.

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State scheduling limits the scope of the statewide rescheduling

Although HB 5877 could have a major impact on Michiganders’ lives, it remains an imperfect solution. For example, even if the Michigan legislature passed the law, federal law would still prohibit gun owners from legally possessing cannabis.

Rabhi also acknowledged that his bill would not prohibit an employer from testing its employees for drugs, although a deadline extension would come into play if an employer specifically required testing for federally scheduled substances.

Schweich of the MPP agreed that even if they don’t solve all the obstacles created by the federal ban, bills like HB 5877 are worth fighting for. “Elected officials should do everything they can to enact the best possible cannabis laws at the state level,” he told Leafly. “[But] It is true that until we have federal cannabis policy in place, there will be needless hardship for people and businesses.”

“We need to make sure that when we look at our code books, our laws don’t continue to criminalize activities that voters overwhelmingly said should be legal.”

– Michigan Representative Yousef Rabhi

As for the timing of the bill, Rabhi doesn’t think it will pass overnight. “To be honest, it’s going to be the start of a long conversation,” he said.

Both Rabhi and Schweich told Leafly the bill could inspire other state governments to pass their own versions and provide impetus for federal change.

“Eventually we will reach a tipping point and this conflict between state and federal law will be completely untenable,” Schweich said. “It will come soon. How soon is the big question.”

Max Savage Levenson

Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.

Check out Max Savage Levenson’s articles

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