Public Consumption Of Medicine

[Garrett]

People vs Carlton

In the opinion, the court referred to the dictionary definition and stated defining the adjective “public” to mean “open to, may be used by, or may or must be shared by, all members of the community; not restricted to the private use of any person or persons; generally accessible”
Despite the fact that a vehicle does have aspects of being a private place, the court ruled that the parking lot was very much a public place. Therefore, a person cannot smoke medical marijuana in any place that is open to the public, even if it is in the privacy of their vehicle with no one around.
Because a person’s home front porch is generally open to the public, that cannot be a place to legally smoke medical marijuana.

People vs Carlton was based on someone being spotted smoking. The MMMA directly prohibits smoking medicine in public. 

 

 

If I eat a medible while sitting in a public park, am I legally using my medicine? 

 

​In similar case law ...

 

People vs Koon

The immunity from prosecution provided under the MMMA to a registered patient who drives with indications of marihuana in his or her system but is not otherwise under the influence of marihuana inescapably conflicts with MCL 257.625(8), which prohibits a person from driving with any amount of marihuana in her or system.  And under the MMMA, all other acts and parts of acts inconsistent with the MMMA do not apply to the medical use of marihuana. Consequently, MCL 257.625(8) does not apply to the medical use of marihuana.
This meant that in order for medical marijuana drivers to be prosecuted for intoxicated driving the state would have to prove that the marijuana consumed substantially lessened their ability to drive.

 

​If I'm eating a medible while driving on a public road and I'm using my medicine in a reasonable dose, am I legally using my medicine?

 

​Just want to know the Law ...

[Restorium2]

The only place you can't use medibles;

 

(2) Possess marihuana, or otherwise engage in the medical use of marihuana at any of the following locations:

(A) In a school bus.

(B) On the grounds of any preschool or primary or secondary school.

© In any correctional facility.

[Garrett]

I can possess the medibles if I stay within the legal amounts ...

 

4.

© For purposes of determining usable marihuana equivalency, the following shall be considered equivalent to 1 ounce of usable marihuana:

(1) 16 ounces of marihuana-infused product if in a solid form.

 

 

If I make my own medibles and wish to take them in my car, I must comply with ...

 

4.(b)(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

Is that correct?

[Restorium2]

Correct. You wouldn't want a kid to eat your unlabeled and accessible cookie. 

[Restorium2]

Just about any time you would use a medible you could also use a tiny gel capsule with cannabis oil in place of it. It's not 'kid bate' like candy and cookies, it's easily hidden, and the dosage is more easily controlled.

[Garrett]

I've read some posts on this site about gel capsules. I'm guessing that MMMA sec 4 (b) (2) would still apply because the capsule is an "infused" product. That would mean all the same labeling requirements on the container of the capsules. 

I've traveled with my VA medications and know they must always be transported in their original bottle with full label. 

Any concerns about try to explain the contents of homemade capsules? I would think that could be an ugly situation with the police. Wouldn't they need to take your capsules and test them to determine the exact chemical? 

 

Again, I'm just trying to learn ...

 

[t-pain]

On Tuesday, July 04, 2017 at 5:29 PM, Garrett said:

Because a person’s home front porch is generally open to the public, that cannot be a place to legally smoke medical marijuana.
ok, so this is from this "medical marijuana lawyer.com" http://michigan-marijuana-lawyer.com/people-v-carlton/ but this lawyer is incorrect.

your front porch of your house is your private property and a private place, not public at all. you can smoke on your home front porch. now that may be different than an apartment front porch.

 

there are "societal norms" that say the public is allowed to come onto your property to knock on your door , during "normal society" hours for example 9am-9pm, or in emergency situations any time. aka the girl scout cookie salesman hours. but to say that your front porch is public is a big fat lie.

Quote

If I eat a medible while sitting in a public park, am I legally using my medicine?

yes

Quote

If I'm eating a medible while driving on a public road and I'm using my medicine in a reasonable dose, am I legally using my medicine? Just want to know the Law ...

reasonable dose has nothing to do with anything. the law says you cant be (4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana. so if the police can prove influence of marihuana... then you arent protected.

[t-pain]

4 hours ago, Garrett said:

I've read some posts on this site about gel capsules. I'm guessing that MMMA sec 4 (b) (2) would still apply because the capsule is an "infused" product. That would mean all the same labeling requirements on the container of the capsules.

I've traveled with my VA medications and know they must always be transported in their original bottle with full label.

Any concerns about try to explain the contents of homemade capsules? I would think that could be an ugly situation with the police. Wouldn't they need to take your capsules and test them to determine the exact chemical?

 

 

(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

(5) For purposes of determining compliance with quantity limitations under section 4, there is a rebuttable presumption that the weight of a marihuana-infused product listed on its package label or on a marihuana transportation manifest is accurate.

(6) A qualifying patient or primary caregiver who violates this section is responsible for a civil fine of not more than $250.00.

 

 

 

 

honestly this part of the law is bad and should never have been added by rick jones or the michigan state police who lobbied for it.

 

 

 

the prevailing idea, if you do not smell like marijuana, is to not answer any police questions about drugs in the car.

the second idea is to say forget this nonsense about labels. since the police arent going to test your brownies or vitamin capsules anyways.

 

i encourage everyone to call and email lara to force them to produce a label and manifest, as they are the department in charge of overseeing the MMMP. http://www.michigan.gov/mmp

[Garrett]

People vs Koon

The immunity from prosecution provided under the MMMA to a registered patient who drives with indications of marihuana in his or her system but is not otherwise under the influence of marihuana inescapably conflicts with MCL 257.625(8), which prohibits a person from driving with any amount of marihuana in her or system.  And under the MMMA, all other acts and parts of acts inconsistent with the MMMA do not apply to the medical use of marihuana. Consequently, MCL 257.625(8) does not apply to the medical use of marihuana.
This meant that in order for medical marijuana drivers to be prosecuted for intoxicated driving the state would have to prove that the marijuana consumed substantially lessened their ability to drive.

Doesn't this protect me while driving if I have "some" medicine in my system? If you think about the intent and this legal precedent, at some point I must be able to be in "public" while being within my medical limits. The VA had me using serious doses of barbiturates (Klonopin) and driving on a regular basis for years. I've gotten away from those drugs. The MMMA must protect me or I can't ever leave my home while medicated. That would mean I'd have to leave in a state that, trust me, is far worse than being medicated. What does the law allow?

 

Trying to learn ...

 

Edit: t-pain's post came in as I was typing ... please forgive 

Edited July 6, 2017 by Garrett

[t-pain]

no, if the smallest amount of marihuana makes you under the influence, then you can be charged.

 

its only about influence. the police must prove influence. like weaving in your lane or other sobriety test failures.
 

[t-pain]

if you can follow the rules of the road while using marihuana, then you'll be fine. its only if you cant then there will be problems.

 

sec4 protects internal possession, so police have to prove influence
 

[Garrett]

I understand and appreciate what you're saying ... I just dislike the reality. I had a policeman friend that told me about "inter-lane weaving" ... a reason to stop if you are staying completely in your own lane but, in the judgement of the police "weaving" ... 

I hate this part, honestly I do, I never want to share this but it may be important to understand why I seem to stick to legal issues ... I'm ruled by fear, doesn't need a reason, doesn't need a factual basis, it's a paralyzing thing all it's own ... 

I just need to go to the store. Sometimes is 90 minutes away. I can't possibly dose enough to cover a round trip journey. I know I could eat some Klonopin, carry the bottle with me, and complete my run. Why am I forced to eat heavy drugs when I could just swallow a capsule of something completely natural, drive far less impaired, and try to live a life?

 

[Garrett]

Sorry, maybe I just need some cheese with my whine ... Amazon delivers, why go outside my own property?

[t-pain]

hey i get you. i fully 100% do.

 

 

 

the trick is to stay frosty and silent and dont smell like weed.

 

if you dont smell like weed, dont answer the "do you smoke weed or do drugs" question, and drive well / dont slur your speech, then theres no worries.

 

there hasnt been many (that i know of) impairment charges for med patients. i think there was one for a non-patient who hit a truck on an icy road, and then koon , and then one other guy who did a fender bender. and thats all i can name after 8 years of following these things.

 

 

people v carlton is a bad ruling from the michigan COA. they always give bad rulings.

 

you're saying a medible wont last you 90 miles each way ? medibles usually last me a few hours. i guess to each his own. but like i said, you can eat medibles in public,  just not on school grounds or jail grounds.

 

and before you get cocky, if the police think they can prove impairment, if you are on klonopin, they will charge you with duid for klonopin, bottle or not.

 

 

[t-pain]

this video, you need to watch it. NEVER TALK TO THE POLICE UNDER ANY CIRCUMSTANCES!

 

 

[Restorium2]

 dont smell like weed

Now that's a problem.......  I'm going to smell like cannabis most of the time, depending on deputy dog's nose. Some are pretty sensitive. I'm never going to assume I don't smell like cannabis. If I go into one of my plant rooms then I'm going to be detectable to a sensitive nose until I take a shower and wear different clothes. Not to mention I occasionally smoke and then I reek all day after that. 

[Restorium2]

10 hours ago, Garrett said:

I understand and appreciate what you're saying ... I just dislike the reality. I had a policeman friend that told me about "inter-lane weaving" ... a reason to stop if you are staying completely in your own lane but, in the judgement of the police "weaving" ... 

I hate this part, honestly I do, I never want to share this but it may be important to understand why I seem to stick to legal issues ... I'm ruled by fear, doesn't need a reason, doesn't need a factual basis, it's a paralyzing thing all it's own ... 

I just need to go to the store. Sometimes is 90 minutes away. I can't possibly dose enough to cover a round trip journey. I know I could eat some Klonopin, carry the bottle with me, and complete my run. Why am I forced to eat heavy drugs when I could just swallow a capsule of something completely natural, drive far less impaired, and try to live a life?

 

A gel cap should last you the whole trip and then some. Maybe 8 hours. 

[t-pain]

theres things you can do...

like wearing a jacket over your clothes specifically for smoking.

wearing gloves and changing clothes after being in the garden.

not smoking in your car or house also helps you not smell like weed.

 

keeping mj in airtight jars or smell proof bags also helps.

 

limiting your exposure to other people smelling your cannabis helps you avoid police encounters.

a majority of "marijuana smell = bad" problems will go away if mj is legalized.

 

[Restorium2]

21 minutes ago, t-pain said:

theres things you can do...

like wearing a jacket over your clothes specifically for smoking.

wearing gloves and changing clothes after being in the garden.

not smoking in your car or house also helps you not smell like weed.

 

keeping mj in airtight jars or smell proof bags also helps.

 

limiting your exposure to other people smelling your cannabis helps you avoid police encounters.

a majority of "marijuana smell = bad" problems will go away if mj is legalized.

 

I could also be a hermit. But that's not going to happen either. I think most cannabis people need to assume they always smell like cannabis and work from that position. Always factor in that a cop could say he smells marijuana. Many cannabis people will smell like cannabis if they perspire a little. It comes out of your pores.