How To Beat Medical Marijuana Dispensary Bans

[mizerman]

Great post by MI Compassion!

 

Mizerman

 

p.s. remember to go out and vote today - slide over in the republican primary and vote for ABC (Anyone but Cox) as so profoundly articulated by peanutbutter...or simply VOTE VIRG!

[chi_guy]

I agree with what you are saying I too think it should and can be read as the only punishment would be to selling to those who are not legal to posses marijuana but thats just reading it that way now whether they meant it that way may be a diff story hopefully it means as we read it but who knows since noone has answers to these questions. The law does specifically say that us patients and caregivers can legally buy from the black market but the reality is the person selling on the black market is doing so illegally. So we have the protection and they do not.

 

The law doesn't specifically say that patients and cg's can legally buy from the black market I would like to know where in the law it says this. As a matter of fact there was a recent case where a patient was pulled over by police, the officer searched and found marijuana. The patient presented his card then the officer asked did he get the meds from his caregiver. The patient said he didn't, then the officer seized his meds. This was a pretty big case even the ACLU threatened to get involved. But the patient never got his meds back.

[ozzrokk]

The law doesn't specifically say that patients and cg's can legally buy from the black market I would like to know where in the law it says this. As a matter of fact there was a recent case where a patient was pulled over by police, the officer searched and found marijuana. The patient presented his card then the officer asked did he get the meds from his caregiver. The patient said he didn't, then the officer seized his meds. This was a pretty big case even the ACLU threatened to get involved. But the patient never got his meds back.

 

section 8 part 3

 

 

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)

Initiated Law 1 of 2008

 

 

333.26428 Defenses.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

 

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

 

 

Just because the police are raiding and seizing peoples plants, meds, etc does not mean it is illegal but in fact what the police in some cases are the ones illegal. That guy should have got his meds back but as in many cases the police are getting away with these activities

[chi_guy]

section 8 part 3

 

 

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)

Initiated Law 1 of 2008

 

 

333.26428 Defenses.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

 

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

 

 

Just because the police are raiding and seizing peoples plants, meds, etc does not mean it is illegal but in fact what the police in some cases are the ones illegal. That guy should have got his meds back but as in many cases the police are getting away with these activities

 

 

 

 

You're not understanding what I'm saying. First of all this is the Affirmative defense not a protection. I thought we were talking about protections here. Go back through and read my posts. The point I am trying to make is that if you consider it illegal for patients and cg's to "transfer" meds and get paid for it, then you should consider "acquiring" meds and paying for it illegal also.

[ozzrokk]

You're not understanding what I'm saying. First of all this is the Affirmative defense not a protection. I thought we were talking about protections here. Go back through and read my posts. The point I am trying to make is that if you consider it illegal for patients and cg's to "transfer" meds and get paid for it, then you should consider "acquiring" meds and paying for it illegal also.

 

 

Yes that is the AD. A legal protection from punishment and seizure. A registered caregiver and patient are legal to posses and aquire marijuana.I would like to know where in the law it states that anyone But a caregiver that is legal to get compensated for medicine and services and only to a patient whom he/she is registered with the state. Now I understand that one could read the part that says a patient or caregiver if caught selling to someone who is not legal to posses marijuana will get so and so punishment so people read it to say that then if you sell to someone who is legal to posses marijuana then that is ok But that is open to interpretation and that is what I would like to know what we really can and cannot do. I always stay 100 percent within the law as I know it but would like to know what it really means.

[Scooter]

It comes down to one thing; did a transaction occurr? If neither party admits to it, then LEO would be hard pressed to prove it. Maybe a CG "gives" a patient X amount, and the patient "gives" the CG X amount. Loose lips, and all that.

[chi_guy]

Yes that is the AD. A legal protection from punishment and seizure. A registered caregiver and patient are legal to posses and aquire marijuana.I would like to know where in the law it states that anyone But a caregiver that is legal to get compensated for medicine and services and only to a patient whom he/she is registered with the state. Now I understand that one could read the part that says a patient or caregiver if caught selling to someone who is not legal to posses marijuana will get so and so punishment so people read it to say that then if you sell to someone who is legal to posses marijuana then that is ok But that is open to interpretation and that is what I would like to know what we really can and cannot do. I always stay 100 percent within the law as I know it but would like to know what it really means.

 

Yes the AD does protect from punishment or seizure but not from arrest. I consider the actual protections under section 4 which is appropriately titled "Protections". But again you are not understanding me. yes it is ok for you to possess and acquire just as it's ok to transfer. But according to your own argument if money is involved the transaction becomes illegal.

[ozzrokk]

Yes the AD does protect from punishment or seizure but not from arrest. I consider the actual protections under section 4 which is appropriately titled "Protections". But again you are not understanding me. yes it is ok for you to possess and acquire just as it's ok to transfer. But according to your own argument if money is involved the transaction becomes illegal.

 

Illegal for some

[GregS]

Someone mentioned here a little while back re: section 4(a), which states:"A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.'

 

Now this sez to me that any registered patient, which can be either a seller or buyer, can engage in any and all parts of the definition of "medical use." "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

This is flatly saying that any patient can participate in any or all of the rights specified, to include transfer, delivery, and transportation, which is to say that patient to patient is legal. It does not matter whether a patient is on the provision end or the receiving end. I think the police are reluctant to push the point. If this goes to court, it will be ruled in our favor, with darn few exceptions, e.g., over limits. If there is a monetary transaction, that does not matter.

[Scooter]

As I perceive it, we, as caregivers and patients, do not conduct transfers as sales, we are not in violation of the law. I see it as services performed for the legal medical use of marihuana. This is what we need to get across to many LEO. I spoke to a prosecutor who thought that acquisition of marihuana by a caregiver through the black market in procurement for a patient was illegal. I handed him a copy of the law with the pertinent sections highlighted, and once he actually read the law he admitted it was legal. Many LEO haven't even taken the time to really read the law; they did it AFTER they've screwed with peoples lives. That is a big part of the problem. So many peoples lives could be spared if ALL LEO were to actually read and understand the law they're supposed to be upholding.

[Phil78]

.........My advice to everyone is operate like the laws not in place meaning silence is golden telling everyone who will listen that your legal is foolish and will come back to bite you in da arse..

best advice i've read all day