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333.26429 Failure Of Department


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333.26429 Failure of department to adopt rules or issue valid registry identification card.

 

 

9. Enforcement of this Act.

 

Sec. 9. (a) If the department fails to adopt rules to implement this act within 120 days of the effective date of this act, a qualifying patient may commence an action in the circuit court for the county of Ingham to compel the department to perform the actions mandated pursuant to the provisions of this act.

 

has any one tryed this yet its been 2yrs and they still have only 3 workers in there office prossesing patients apps to make a card witch takes months for the patient to recive, meanwile un educated leo are praying on weak poor mmj patients/caregivers some who are disabled on ssi WHY havent some of u LAWERS filed a class action lawsuit aginst the state thats who id vote for some one who has the balls to challenge this complete BULL

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333.26429 Failure of department to adopt rules or issue valid registry identification card.

 

 

9. Enforcement of this Act.

 

Sec. 9. (a) If the department fails to adopt rules to implement this act within 120 days of the effective date of this act, a qualifying patient may commence an action in the circuit court for the county of Ingham to compel the department to perform the actions mandated pursuant to the provisions of this act.

 

has any one tryed this yet its been 2yrs and they still have only 3 workers in there office prossesing patients apps to make a card witch takes months for the patient to recive, meanwhile UN educated Leo are praying on weak poor mmj patients/caregivers some who are disabled on ssi WHY haven't some of u LAWYERS filed a class action lawsuit against the state thats who id vote for some one who has the balls to challenge this complete BULL

 

i think this is going on right now but most of the Lawyers here are busy with all the Bust that are going on my case is in the supreme court right now and we hope to here something by next year

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I'm not a lawyer, so I don't know the legal details, but...

 

It seems to be the agency's position that they are in compliance with the letter of the law, as the law does have the provision of your paperwork being valid until the registry card is issued. Additionally, this provision only applied to the adoption of rules, which the agency did. It doesn't say anything about the implementation of the program, just the adoption of the rules.

 

Now, if we're talking spirit of the law, that is a different question altogether...

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I think someone should get their hands on the email that is posted on here somewhere. It is from the MDCH and states that "some" LEO will not accept the paperwork as valid. That in itself is noncompliance, they know and admitted it in an email which is allowed as evidence. Just my thoughts... as always.. :)

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I have it, anybody want me to forward it, I will send it to you. PM me with your e-mail. The rules have NOT been adpoted and the LAW is being broken by the ones that enforce it. What "department" are they talking about? I would say all of them as the law effects all of them.

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I think someone should get their hands on the email that is posted on here somewhere. It is from the MDCH and states that "some" LEO will not accept the paperwork as valid. That in itself is noncompliance, they know and admitted it in an email which is allowed as evidence. Just my thoughts... as always.. :)

 

 

I'm not a legal expert, so I have a serious question. Does common sense as perceived by average Joe Citizen come into play in any type of legal action? Because the above quote and premise it implies actually makes a lot of sense to me.

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14,000 plus apps sent in @ $100 THATS 1.4 MILLION DOLLARS 3 f'in people working processing apps BULL how the F[_]ck are they getting away with this

Program Statistics:

 

* 32,830 original and renewal applications received since April 6, 2009.

* 17,362 patient registrations issued.

* 7,514 caregiver registrations issued.

* 4,667 applications denied -- most due to incomplete application or missing documentation.

 

Remember, all 30,000 people applied, sent in money at the time....

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14,000 plus apps sent in @ $100 THATS 1.4 MILLION DOLLARS 3 f'in people working processing apps BULL how the F[_]ck are they getting away with this

I am wondering if Granhold is pulling Kwame Kilpatrick and funneling the money somwhere..lol...maybe to her friends and family over in canada..lol...But Yes I agree why canthey not hire 3 more people so that people can get their cards within time periods as stated in the law..? It does not makes sense...

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The first roadblock is that the money isn't going to the MMMP. It goes into the "general fund". Mdch was given a "projected budget" for last year, being the first year the program existed.

We need to find a way for the MMMP to be better funded, with it's OWN generated income! If it get's to the point where there is SOOO much money it has brought in, and they are running smoothly, THEN perhaps they could use some of the generated income for the "general fund".

 

The second, not really roadblock, but........the second thing is that not everyone pays the full 100.00 fee. However, even if 1/2 ARE. That is plenty of money to run the program efficiently.

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I honestly believed the money generated by the app fees would go into the MM program which would fund staff and equipment. It's too logical, no wonder it's not happening. So if it's in a general fund, does that mean it's up for grabs for various other state programs, or is it just sitting there doing nothing, or what?

 

Sb

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  • 1 month later...

The problem with a law suite is what damages have been done to the person suing? If you brought the suite they would send your card right away. Now what? You have not been damaged in any monetary way. Now someone could start a class action suite but in the end we would probably each end up with $5 or something like that.

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