PENALTIES FOR K2 POSSESSION ACCIDENTALLY REPEALED AFTER GRANHOLM SIGNS BILL

You might not be able to smoke it, but if you got it, you're good.

That's because possession of K2, a synthetic marijuana substance
banned by Michigan lawmakers months ago, cannot be punished after a
legislative mishap.

Last week, outgoing Gov. Jennifer Granholm signed a three-bill
package containing provisions inadvertently abolishing penalties for
possession of some synthetic drugs.

The repeal language was attached to a bill allowing parole hearings
for inmates serving lifetime sentences for drug offenses.

Granholm sent a letter dated Dec. 22 to legislators notifying them of
the mishap.

"I urge the 96th Legislature to fix this error and restore the
criminal penalties for possession and use of these dangerous and
illegal substances," Granholm said in the letter.

But at least one lawmaker thinks Granholm should never have signed
the bill in the first place.

State Sen.-elect Rick Jones, R-Grand Ledge, admonished the governor's
signing of the bill, saying it amounted to drug legalization by the state.

Although penalties for possession were abolished, it is unclear
whether penalties for sale and use also were, Jones said.

Legal opinions as to whether penalties for the latter categories were
repealed are being sought, he said.

"(Granholm) made a terrible mistake," Jones said.

During his last term as representative in the House, Jones sponsored
the legislation banning the sale, possession and use of K2 and other
synthetic cannabinoids. He is listed as a co-sponsor on the
legislation that would repeal possession penalties.

Jones faulted the slip-up in part on the nature of passing
legislation during the Legislature's lame duck session.

A lame duck session is a period of legislative activity held after
lawmakers have been elected for the next term.

Jones said lawmakers will make haste in re-establishing criminal
penalties for possession of the drug when they begin work next month.

Granholm spokeswoman Liz Boyd dismissed Jones' criticisms of the
governor. Boyd called his remarks "hypocritical and laughable."

"He voted in favor of the bills that he has now criticized the
governor for signing," Boyd said.

Boyd declined to elaborate on Granholm's letter to lawmakers and why
the governor signed the legislation despite the repeal, saying the
letter speaks for itself.

In the letter, Granholm said the bill package provides "sentencing
fairness for persons serving harsh minimum sentences that have
subsequently been reduced through enacted reforms."