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Author Topic: Michigan (MI)  (Read 3827 times)
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Paradoxic
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« on: September 03, 2008, 02:40:25 pm »

Current Status: Waiting for the "Senate Health Policy Committee" to report back to the Senate so the Senate can vote on the proposed bill

THE ACTUAL PROPOSED BILL: HB5700 in pdf format
Classification: Schedule 1
Penalty for Possession: Misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
Penalty for Use: Misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.
General Links:
State of Michigan web page for House Bill 5700
Wikipedia's state by state legal status

Action Leader: JustAnotherRegularGuy


On February 12, 2008 Representative Michael Sak submitted House Bill 5700, which proposes Schedule I classification of Salvia divinorum and salvinorin A in the state of Michigan.


Quick list of what has happened so far
2/12/2008   HJ 12 Pg. 159   introduced by Representative Michael Sak
2/12/2008   HJ 12 Pg. 159   read a first time
2/12/2008   HJ 12 Pg. 159   referred to Committee on Health Policy
2/13/2008   HJ 13 Pg. 191   printed bill filed 02/13/2008
2/28/2008   HJ 20 Pg. 365   reported with recommendation without amendment(s) Here is the "House Health Policy Committee's" report
2/28/2008   HJ 20 Pg. 365   referred to second reading
3/5/2008   HJ 22 Pg. 392   read a second time
3/5/2008   HJ 22 Pg. 392   substitute H-1 adopted
3/5/2008   HJ 22 Pg. 392   placed on third reading
3/5/2008   HJ 22 Pg. 393   placed on immediate passage
3/5/2008   HJ 22 Pg. 393   read a third time
3/5/2008   HJ 22 Pg. 393   passed; given immediate effect Roll Call # 132 Yeas 106 Nays 0
3/5/2008   HJ 22 Pg. 393   title amended
3/5/2008   HJ 22 Pg. 393   transmitted
3/6/2008   SJ 24 Pg. 388   REFERRED TO SENATE'S COMMITTEE ON HEALTH POLICY


You can see there hasn't been any activity on the bill since March 6th. This doesn't mean Michigan is safe however. It means you need to help RIGHT NOW before the bill gets passed in the Senate and becomes law.

Take Action
* First find out who your Representative and Senator is
Find your Representative
Find your Senator


* Then send letters to your state representatives
You can use or modify any of these letters or write your own.

If you write your own, some suggested key points are:
  • Salvia is not a problem: No emergency room admittances, no drug counseling or addiction services admittances, no salvia related crime being reported by LEO, no superintendents speaking out against it. No deaths, and poison control rates it as a very low priority. Salvia has been around for a couple decades, or at least as long as the current meth plague--if salvia was going to be a widespread problem, it would have been by now.
  • Medicinal and/or scientific potential
  • Salvia is NOT a recreational substance and cannot be grouped with LSD, mushrooms, ecstasy, marijuana, etc. (ex: not addictive, short-acting, non-toxic, unappealing/unpleasant as a recreational substance)
  • Religious use. History dating back thousands of years of indigenous use and decades of contemporary spiritual use. Without apparent harm or addictive tendencies.
  • Arguments against rest almost exclusively on hearsay: unsubstantiated internet videos (search on alcohol and compare the number of videos), and the marketing claims of unscrupulous sellers.
  • Suggest age restriction instead of an outright ban (give examples of this being done in Maine and California)


* Attend public hearing
This is the most effective way to take action against a ban. If you know about an upcoming date for a hearing please post it and it will be added here. Here is a list of all the Senate Committee Meetings within the next few weeks to see if the Senate "Health Policy" Committee will getting together (always current):
Michigan Committee Meetings
*No scheduled public hearings yet

Public hearing tips:
  • Good resource: http://www.ctkidslink.org/action_howtestify.html#anchor368848
  • Do research in your own state. Go the your state DEA or Office of Substance Abuse website and dig around a bit. Find out how much it costs to arrest, prosecute, and jail per person for drugs crimes and include that figure in your arguments against a ban. For instance I found by going to The National Institue of Corrections Web Site that In 2001 it cost Michigan taxpayers an average of $32,525 a year to house an inmate. That is the 8th highest in the country!

If you want to be notified of any upcoming meetings or public hearings, just email the following clerks. All "Committee Meetings" are open to the public, however we can only speak at "Public Hearings":
House: [email protected]
Senate Health Policy Committee Clerk Holly Nester: [email protected]

Just send an email similar to the foillowing:
Good morning,

    I am writing to request that I be notified when bill HB5700 is put on the committee agenda for discussion or is scheduled for a public hearing. I have a strong interest in this bill and would like to attend any such public hearings.

Thank You,
<Name>
<Address>
<Phone>


* Discourage irresponsible sale
Visit your local smoke shops or send them letters to encourage them not to sell Salvia divinorum to minors and include safety information about using Salvia divinorum. You can print out a User Guide (or part of it) to give to them.



Other useful information
Here are meeting minutes from the Senate "Health Policy" Committee to see if we missed anything. They just started getting together again Sep 10th after no activity for July and August:
Senate Committee Minutes and Testimony



Spread the word:
Send this page to a friend



     Feel free to send me a message or reply to this thread if you have any updated information. I will be updating it as I acquire more information. If you would like to be added to the email list I send out occasionally with updates send an email to MichSalvia [at] gmail.com.

JARG
« Last Edit: September 23, 2008, 10:23:34 pm by JustAnotherRegularGuy » Logged
JustAnotherRegularGuy
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« Reply #1 on: September 04, 2008, 10:23:18 pm »

I have updated the original post to give a link to the actual proposed bill. If anyone knows how to decipher leagaleze please let me know if what I think above is correct...

JARG
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JustAnotherRegularGuy
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« Reply #2 on: September 19, 2008, 10:22:19 am »

I have now updated the original post to add the letters that you can send in to the Michigan legislators. Paradoxic was kind enough to host the files in .rtf format on this site so you can download them directly and print them out. When printing them out I suggest printing them on some nice parchment paper so it looks very professional.

JARG
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darkshadow
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« Reply #3 on: September 19, 2008, 10:35:36 am »

it appears to be listed as schedule 1
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JustAnotherRegularGuy
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« Reply #4 on: September 19, 2008, 10:39:21 am »

Where did you see that? It's contradictory for me because it is listed in with the schedule 1 substances in the beginning of the proposed bill, but then specifically is called out in the schedule 5 area at the end...

JARG
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« Reply #5 on: September 19, 2008, 08:49:57 pm »

Where did you see that? It's contradictory for me because it is listed in with the schedule 1 substances in the beginning of the proposed bill, but then specifically is called out in the schedule 5 area at the end...

JARG
It will be Schedule I with these OTHER Dangerous drugs:

8      Lysergic acid diethylamide

9       Marihuana

10      Mecloqualone

11      Mescaline

12      Peyote
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JustAnotherRegularGuy
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« Reply #6 on: September 19, 2008, 09:54:25 pm »

I read through the proposed bill and finally got a handle on what it is stating. Salvia divinorum and Salvinorin A would be listed as a schedule 1, but they have special exceptions for the penalties for possession and use to be similar to what schedule 5 drugs are.

Posession:
A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a   practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

Possession of Salvia divinorum or Salvinorin A is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.


Use:
A person shall not use a controlled substance or controlled substance analogue unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

Use of Salvia divinorum or Salvinorin A is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.


I am glad I finally got it straight. It also looks like if  you can get a doctors prescription for it that it might be OK....but I really don't know for sure on that one.
JARG

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Burkhart
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« Reply #7 on: December 04, 2008, 02:26:20 am »

Now that medicinal marijuana has passed in Michigan, I'm wondering if this will pave the way for Salvia, too.  Any ideas on the subject?
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JustAnotherRegularGuy
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« Reply #8 on: December 04, 2008, 09:55:14 am »

I hope it will. It certainly shows that Michiganders are making logical decisions and that we don't rely on "hearsay"... I haven't heard any new updates on HB5700 in a long time and I am hoping (fingers crossed) that there has been enough of us that wrote in and opposed the legislation so far that the legislators will let the bill just fizzle out and not take it any further. But we still need to be vigilant and keep writing letters until it is turned down for sure.

JARG
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JustAnotherRegularGuy
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« Reply #9 on: January 05, 2009, 06:24:24 pm »

Hey Everyone Great News for Michigan! Because it is now a new year one of our Michiganders heard back from the Senate Health Policy Committee's Clerk today.

Quote
"Because it is a new session, HB 5700 no longer exists. There are currently no bills pending in the Senate Health Policy Committee.  I can, however, put you on my committee notice list so you would know if a similar bill was having a hearing in the committee at some time in the future."
 
Holly Nester
Committee Clerk
Senate Health Policy Committee

So Salvia is Safe in Michigan for now. The whole process of banning it would have to start all over again if they even decide to bring it up again in 2009. I think all the letters and phone calls in to our legislators made a HUGE difference in the outcome. Great work everyone!

JARG
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Sasquatch
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« Reply #10 on: January 05, 2009, 10:39:22 pm »

Congratulations, JARG, on a job well done. I have my doubts about using the political process at times, but this time it went the right way. Kudos.
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JustAnotherRegularGuy
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« Reply #11 on: January 06, 2009, 01:59:24 am »

I have my doubts about using the political process at times

I know you do, and I will fight you tooth and nail every time and say how great the USA legislative system is since I have a very strong belief in it. Your responses always make some interesting debates though. Thanks for the Kudos. And thanks to everyone who sent in letters and called the legislators about this.

JARG
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