Mmmp Rules Question

[Guest Wayne]

I often hear the argument that if it isn't in the law or rules it's open, legal territory. Got me to thinking. I can't find anything that prohibits MDCH from altering the rules to allow for governmental oversight and inspections of grows to ascertain compliance. Am I missing someting or can the rules be re-written to include such language? Does the voter enacted law prohibit this?

[Highlander]

I often hear the argument that if it isn't in the law or rules it's open, legal territory. Got me to thinking. I can't find anything that prohibits MDCH from altering the rules to allow for governmental oversight and inspections of grows to ascertain compliance. Am I missing someting or can the rules be re-written to include such language? Does the voter enacted law prohibit this?

 

(1) Except as provided in section 44, before the adoption of a rule, an agency, or the office of regulatory reform, shall give notice of a public hearing and offer a person an opportunity to present data, views, questions, and arguments. The notice shall be given within the time prescribed by any applicable statute, or if none, in the manner prescribed in section 42(1).

 

....excerpt from 1969 Administrative Procedures Act.

[Guest Wayne]

Thanks Highlander. I understand the administrative process in regards to public input. However, I still am not sure it ultimately answers my question. The board implements the rules and yes we had an impact last time, I know I wrote them, but I don't believe they are mandated to respond to majority input. Think conservative republican appointees if a Replublican becomes governor. Then what are the possibilities within the law and rules?

[Highlander]

Thanks Highlander. I understand the administrative process in regards to public input. However, I still am not sure it ultimately answers my question. The board implements the rules and yes we had an impact last time, I know I wrote them, but I don't believe they are mandated to respond to majority input. Think conservative republican appointees if a Replublican becomes governor. Then what are the possibilities within the law and rules?

 

I believe that the executive agency that is given the authority to promulgate the rules can make whatever rules that they want as long as the rule is not contrary to law.

 

It is interesting to note that the Administrative Procedures Act provides for a person to ask the agency to promulgate a certain rule, and the agency must respond.

 

Sec. 38.

 

A person may request an agency to promulgate a rule. Within 90 days after filing of a request, the agency shall initiate the processing of a rule or issue a concise written statement of its principal reasons for denial of the request. The denial of a request is not subject to judicial review.

[greenbuddha]

Wayne & Highlander...

 

IMO these issues that you've brought up and explained so very well are excellent reasons for us to KNOW what the politicians are thinking and VOTE into office those people that are going to be pro-MMJ or at the very least hopefully be moral enough to follow the 'law' as written and voted in by the people of Michigan.

 

MY time and resources are going into those pols that convince me that they are going to 'follow the law' and do nothing to change it... OR THE RULES that GUIDE IT.

 

Thanks for the excellent post (IMO). Without factual information we are limited in what we can do.

 

Thanks again.

[Kingdiamond]

If the MDCH attempts to add inspections into this laws wording you can expect to see the MMMA fight it tooth and nail Greg and all the other MM warriors will be there to see to that.