mmmp Rules Clarification
Full ViewRE: medical marijuana rules clarification request
From: BHP-MMMPINFO View Contact
To: alfredbaker71@yahoo.com
Cc: "Brim, Melanie B"
--------------------------------------------------------------------------------
Good morning Mr. Baker,
Thank you for your inquiry requesting a clarification of the Michigan
Medical Marihuana General Rules. I hope my response will help answer
your question.
Section 6 (c) of the Michigan Medical Marihuana Act (Act) states that
"The department shall verify the information contained in an application
or renewal submitted pursuant to this section, and shall approve or deny
an application or renewal within 15 days of receiving it."
Section 6 (e) continues with:
"The department shall issue registry identification cards within 5 days
of approving an application or renewal, which shall expire 1 year after
the date of issuance..."
Section 9 (b) of the Act states:
"If the department fails to issue a valid registry identification card
in response to a valid application or renewal submitted pursuant to this
act within 20 days of its submission, the registry identification card
shall be deemed granted, and a copy of the registry identification
application or renewal shall be deemed a valid registry identification
card."
So, to summarize, the department must determine whether or not an
application is valid within 15 of receipt. Then, the department is to
issue registry identification cards within 5 days of approving an
application. This gives a 20-day time frame overall to issue a registry
card.
The Medical Marihuana Registry Program staff review all applications
submitted within 15 days of receipt, and if the application is found to
be incomplete or meet any of the other criteria requiring denial, the
application is denied and a notice is sent to the applicant via
certified mail and 1st class mail. IF AN APPLICATION IS NOT DENIED, IT
IS CONSIDERED A VALID APPLICATION.
Unfortunately, at this time the Registry Program is unable to meet the
demands of issuing the registry cards within the 5-day time frame after
determining an application is valid. This is where Section 9 of the Act
becomes important. Because the card is not issued within the time
frame, the application stands in lieu of the registry card.
It is IMPORTANT that an applicant keep a copy of his/her application,
physician certification form, caregiver attestation (if applicable), AND
A COPY OF PROOF OF MAILING OR PROOF OF PAYMENT with them at all times.
The proof of payment could be a copy of the cancelled check (front AND
back) or proof of money order, which will verify that the application
was actually sent in to the department AND that the department received
the application.
The department cannot determine how law enforcement will accept this
type of registry identification. There is no method by which law
enforcement can verify or validate the validity of a registry card
without the Registry Number that is assigned and given on the
registration card. The department and the Registry Program recognize
this situation creates an issue for all applicants, as well as law
enforcement. We can only ask for patience and tell you that the Medical
Marihuana Registry Program staff is working hard and as quickly as
possible to get the thousands of applications processed that we receive.
I truly hope this long response answers your question.
Regards,
Celeste Clarkson
Compliance Section Manager
Medical Marihuana Registry Program
Bureau of Health Professions
Michigan Department of Community Health
Telephone: 517.373.0395
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I would copy this letter and
I would copy this letter and keep it with your Rec if you are waiting.
Its true, anyone could sign a Doc's Rec - the cop wouldn't know if it was legit.
The MDCH could do this - allow LEIN to check people by their name and DOB (that box you check optional) - the MDCH could very easily update a computer database to list all valid peoples - waiting on their cards.
I still don't think a lawsuit would be the best use of resources and time.
Perhaps,,,,,
a better suggestion that may get an organization that is funded by it's user's to get off the pot?
Lawsuits make people pay attention - what else may?
It is obvious a patient's well being it not a motivating factor.
I am thinking lawsuits only
I am thinking lawsuits only work on LEO.
If a officer knows that if he missteps on a MMM qualified person and can get sued, they WILL tread more carefully. While the officer themselves may not be subject to lawsuit, their department will - thus I am hoping that will spur a memo about how to handle people WAITING for their cards. I believe there is a resource there for a quick solution (besides just printing and mailing the damn cards faster) - and it is really up to LEO to implement it.
But what does LEO,,,,,,,,
have to do with the MDCH?
Its the LEO that is not
Its the LEO that is not honoring the MDCH statement "Your paperwork acts as your card after 20 days". If that part was followed, I don't think anyone would care about late cards - they are just worried about being hassled by LEO and dragged to court because the LEO did not respect the paperwork as the MDCH said they should.
Well,,,,,,,,
tell that to Alchemy's parole,officer who only wanted to see the card (it i posted in a thread here somewhere) and would not accpet paperwork - or some employers - the list goes on -
The heat needs to be turned up on a department that states in writing "Oh well" - that is exactly what was said in "business speak" above.
The MDCH said in that same
The MDCH said in that same letter they have no pull to tell LEO what to do.
So why kill the messenger? Go after the probationers, go after the traffic cops, go after the departments that do not obey what is written.
Get it? You are jumping right over the issue - its the LEO that is looking at your paperwork - all approved by the MDCH, and deciding he needs to arrest you. Why sue the MDCH? Its the officer that used his discretion or his dept policy to arrest you while you had a valid document.
How does any portion of that,,,,,
over come the issue that individuals (not just LEO) want to see the card and are unwilling to except paperwork?
As in - probation officer - as in IF you test dirty an have no card you go back to prion - do not pass go - do not bring paperwork -
It is ONLY the MDCH who can get their act together an get cards in a timely manner, that responsibility rests squarely with them and them alone.
The stack is only getting larger with each and every passing day - there has been no resolution as stated prior to the new year by the MDCH. In fact the back log is getting deeper and as more patients apply - 90 days will seem quick.
The failure belongs to the MDCH - 100% on cards being sent to patients - period.
Absolutely no one else.
Why do you seek to negate their responsibility?
I am not fighting. I am
I am not fighting.
I am pointing out the MDCH says "Your paperwork is as good as the card".
Its the probation officer that is not honoring the paperwork as the card, thats the problem.
Neither are,,,,
LEO, Probation, Employers - the list goes on -
The discussion should not be "well, your paperwork is fin until we get to it" -
it should be "We are the MDCH, we would not exist if it were not for you , we work for you - you pay our salaries since we are not tax funded - we Will have cards Sent out (not issued - very important distinction since that is their "excuse" - it is an excuse) within 30 days of receipt of paperwork.
lawsuit???
could the department be sued for failure to comply with the new law?? possible class action for all patients who where hassled/ arrested by leo for not having a card.
Thank you
for sharing this with us.
Thanks " alfred baker " for sharing...
Thanks " alfred baker " for sharing...
But Please only post once ....
I deleted your other same post ...
Thank You :
Tarzan
93 Days & Counting
What is the physical address of the MDCH/MMP in Lansing?
My good Buddy there THE ATTORNEY
Mike Cox's office did not see your email sent.
But do not feel bad, when I called the main number today, laugh, they literally told me he did not work there. I said Umm yes he does, and made them hunt him down, Then when his asst answered I demanded the direct number for him from here on out.
What do you think - where do you feel it went?
This person,,,
openly acknowledges in writing that they are in violation and simply say "Oh well - hope you all can understand"
How about this - the person who was sent this response (you have ownership), take it and post the part about their inability to meet their mandated requirements on many different sites since they are so willing to put their failure in writing.
May I suggest-
1. The paper that is allowing comments on the patients arrest (another thread)
2. A copy to Fieger's office (keep it flowing)
3. A copy to each state reps office - email, snail mail, fax
4. A copy to the Detroit News/Free Press
5. Mike Cox's office (all of the letter)
Anyone else who will read it and maybe publish it.
BTW,,,,,,,,
Sometimes, sometimes - people will write letters of this "tone" to try and get some sort of action out of somebody to try and resolve an issue that they personally do not want to address with the person who signs their paycheck - because they want to keep receiving the paycheck - sometimes.
yes
Send it to everyone. Lets let the people know.
I truly hope this long response answers your question.
Condensed Version:
Oh Well.
We know we violate the law, but.
Were Doing Our Best!
Good Luck with LEO!
???
They left out give us time, we can do much worse!