The Green Mile: Midland mulls over marijuana

Attorney Jim Branson speaks on marijuana law. Feb 19, 2020. (Michael Piwowarski)

By Michael Piwowarski

MIDLAND – Last election, residents in Midland voted against the use of allowing commercial use of recreational marijuana in the city. 

But is there still hope that, some day, the Chemical City could become a cannabis-friendly city?

At a Feb. 19 panel discussion hosted by Northwood University, Midland city attorneys Jim Branson and Sara Eastman discussed the issue of recreational marijuana. Ten16 Recovery Network president Sam Price and Legacy Center for Community Success prevention coordinator Angela Johnson were also a part of the discussion.

“We hear stories of saying, ‘Midland just doesn’t allow it because it’s this type of town,’” says Branson. “That’s not it at all. What Midland wants to do is make sure it’s done correctly, so we don’t have to redo it. So if someone does come invest money, time, energy and effort to open up a shop of any kind […] then they want to be able to do it correctly within the law, and whatever enforcement standards and safety are there.”

Branson says that the Midland city council’s vote to opt out rises from a concern about understanding Michigan’s rules. Branson argues that the Midland city council is not just saying “no.”

“The commercial operations are what we’re not fighting against, but we’re waiting to see how it goes in the rest of the state,” says Branson. “We have to make sure that we do it right, because if we don’t, then we’re screwing up everything.”

When the city last looked at allowing recreational marijuana, Branson felt it was still too soon to open the door to recreational marijuana businesses. Last summer, Governor Gretchen Whitmer laid out a set of emergency rules, which set guidelines for municipalities to follow when they opt in.

The emergency rules were designed to give municipalities in Michigan time to decide if they want to ban recreational marijuana before the state Marijuana Regulatory Agency began accepting business applications. 

Branson felt that some of the rules were too general and he recommended that the city wait until they can be more sure about how it will work.

Branson also pointed out that, while commercial marijuana is prohibited for a time, personal use of marijuana on private property is still allowed in Midland County. An individual may still possess a certain amount of marijuana according to statewide legal limits and consume it on private property.

Midland city attorney Sara Eastman also discussed details of the Michigan Regulation and Taxation of Marihuana Act and what it means for employers. Among her most important points are the fact that employers can still enforce their own anti-drug policies. 

Branson said that, although Midland has still opted out of medical and recreational marijuana for the time being, they are committed to revisiting it in the future.