Do You Believe This Also?

[peanutbutter]

Do you believe as I do?

 

I believe:

 

The Michigan Municipal League, the Police Chiefs Association and other groups have at the urging of the DEA:

 

Conspired to deny caregivers civil rights. Rights that have been given to them by the voters of the State of Michigan.

 

They have conspired by way of developing plans whereby, in communities across the State of Michigan, attempted to either heavily restricted or eliminated caregivers rights.

 

That such conspiracy represents a criminal activity of the highest order.

 

That criminal charges should be sought out against the persons responsible for the systematic repression of caregiver civil rights.

[budpuffer]

shady deals in back offices?i think local sheriffs are trying to drag DEA into areas of law that they have limited enforcement in..we can't touch em,so call the dea,that'll fix em...its a sad thing...zzb

[dutch&Dutchess]

collusion can appear to be a conspiracy. There was no state wide effort worthy of mention to oppose the law thus the prohibitionists were left to a back door piece meal approach that is driven more by local attitudes, educational levels and economic interest. Thus there will be "cool" locales and avoid at all cost locales. I stay in Washtenaw myself but would be careful with certain townships therein as well so the problem becomes one of education or litigation. The ACLU seems to be helping in that respect.

There is no more a conspiracy to kill caregivers then there is a conspiracy to legalize all drugs on the back of medical cannabis. It will just kinda look that a way as we will be implementing Harm Reduction policies as well. wink wink

[peanutbutter]

From someone within Michigan NORML:

 

Found Michigan Municipal League's gameplan/interpretation of our law. (Which

has led to many of our moratoriums)

http://www.mml.org/resources/publications/mmr/issue/may-june2010/medical-marijuana.html

Michigan Medical Marijuana Act Gives Communities Three Options: Prohibit, Regulate,

Do Nothing

 

By Andria M. Ditschman and Matthew R. Newburg

 

Michigan's Medical Marihuana Act has been around for nearly two years, but communities continue to have many questions about it. Simply put, communities have three options: Do nothing, prohibit it, or regulate it.

 

Background

 

The Hubbard Law Firm gives away brownies and information about the Medical Marihuana Act at the League's Capital Conference on April 14.

Photo by Matt Bach.

 

On November 4, 2008, a citizen-initiated law, the Michigan Medical Marihuana Act (yes, they spelled it with an "h") was passed by 63 percent of Michigan voters. To qualify as a lawful medical marijuana user under the Act, an individual who suffers from a debilitating medical condition must obtain a doctor's written certification. Once registered, the individual is authorized to use marijuana under state law. The permitted user can also

grow his or her own marijuana or obtain marijuana grown and dispensed by a designated primary caregiver. A primary caregiver means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs. MCL 333.26423(3)(g).

 

By submitting that certification, an application, and a $100 fee to the Department of Community Health (DCH), the applicant can obtain a Registry

Identification Card. The DCH is responsible for the administration and enforcement of the Act and since April 6, 2009, the department has received

16,776 applications, issued a total of 12,193 registration cards, and is currently receiving an average of 81 applications daily. The Act presents a

variety of issues for local governments including those pertaining to the Freedom of Information Act (FOIA)/privacy, zoning, and employment.

FOIA/Privacy

 

A municipality may not rely upon the application for, or possession of, a card to support the search of a person or their property. Although the

Department maintains a confidential list of registered persons, that list is exempt from disclosure under FOIA. Confirming the card's validity also

creates confusion. The DCH rules require that "law enforcement personnel" can check the authenticity of a card through the LEIN (Law Enforcement

Information Network) system. Regardless, any employee "of a local unit of government" who discloses confidential information is guilty of a

misdemeanor.

 

Merely maintaining a list of information may not violate the Act, as it punishes the "disclosure" of confidential information, not its

"compilation." However, considering the Act's intent and the limitations on the use of confidential information, maintaining such records may present risks without providing any benefit. When determining how a municipality should handle a FOIA request or the maintenance of confidential information, education is imperative. A municipality must educate itself to effectively address the Act's implications.

 

Zoning

 

The Act grants qualifying patients and caregivers the right to grow and "sell" marijuana. The law has created a group of individuals who are growing

marijuana in their homes and other private areas. But the Act does not address commercial growing operations. Notwithstanding the Act's silence,

today's economy is likely to attract entrepreneurial interests. In fact, at least one medical marijuana dispensary already operates in Michigan.

 

A municipality's governing body should consider how it will address growing operations close to schools, and whether it will permit or prohibit a

medical marijuana "business" in a commercial district. The Act is silent as to a local government's role, leaving communities with three options: to do nothing, prohibit it, or regulate it.

 

Do Nothing

 

Choosing to ignore the Act may prevent litigation from patient advocacy groups, but it can lead to unintended consequences; such as inconsistencies

between a municipality's policies and ordinances, and state and federal law. Further, ignoring the Act can result in unintended uses authorized by

existing zoning ordinances.

 

Prohibit It

 

The possession and manufacture of marijuana remains a violation of federal law. Requiring businesses to comply with federal law provides a potential

vehicle to restrict these types of businesses. Although this option may regulate commercial activities, it does not address the non-commercial

aspects of medical marijuana.

 

Regulate It

 

Communities enact zoning ordinances to regulate businesses for the health, safety, and welfare of citizens. Zoning regulations could be used to confine medical marijuana businesses (similar to other businesses) to commercial districts, rather than neighborhoods or school zones. Such an approach would draw business activity to downtown zones while preserving residential districts.

 

The power to regulate, however, may be limited by state preemption. Your municipality must decide the best way to address local zoning issues and

draft ordinances to protect and advance its goals. Prudent regulation is an objective that should be explored with legal counsel.

 

Employment

 

The Act also raises issues pertaining to the Americans with Disabilities Act (ADA) and the Persons with Disabilities Civil Rights Act (PDCRA), Michigan's counterpart to the ADA. The ADA and the PDCRA require accommodations for disabled individuals unless accommodations would occasion undue hardships. However, the Act states an employer is not required to accommodate the ingestion of marijuana in the workplace nor accommodate any employee working under the influence of marijuana.

 

The law also states that a registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana. Any such compensation shall not constitute the sale of controlled substances. Unfortunately, the Act does not define "under the influence." How is a municipality to reconcile the ADA, PDCRA, and the requirements in the Act? How does an employer determine whether an employee is "under the influence," and respond, while not violating the Act's patient protection provisions?

 

Merely adopting a policy defining "under the influence" may not be sufficient. Any attempt to determine whether an employee is under the

influence of marijuana should entail whether the employee's ordinary judgment, common sense, mental state or physical coordination is affected

and to what degree. The implementation of policies aimed at reducing the risk of loss from claims by employees, residents, and third parties may be

necessary.

 

Conclusion

 

The Act's silence regarding the role of local government leaves municipalities with a myriad of challenges and options. Each municipality

must decide the most appropriate way to address the Act and its effect on the health, safety, and welfare of its citizens. How a municipality responds over the next few months will impact every aspect of its operations.

 

[semicaregiver]

I read the Municipal League post on another site this AM. What was missing in the post here was that the presentation quoted appears to be by a law firm that is looking for work. Their sales tactic seems to be "The drug dealers are being licensed by the State, hurry up and hire us to protect you".

 

I would not view their presentation as being in bed with the DEA, but rather a group of opportunistic lawyers (is that redundant?) that are no better than some of the dispensary operators we have seen pop up.

 

The most constructive response to this sort of thing is to see how the MM community can make a presentation to the Municipal League. For example, it might be worth exploring the creation of some MM positive local ordinances that can be presented the the Municipal League.

 

The anti MM folks have lots of ammo at the moment, i.e. drive down any of the freeways around Detroit or pick up the MetroTimes and read the ads. They all scream "get legal", "make money", etc, etc. All of this sort of exposure can turn the tide of public opinion from perceiving MM as a compassionate act to a mistake that needs to be corrected.

 

I have watched how the community here is very protective and proud of having created the current MM laws. This is all very admirable, but it is time to bring some pr and lobbying professionals on board.

[Guest Wayne]

The purpose of the "Michigan Municipal League's gameplan/interpretation of our law." is to pressure the state and/or federal government into stepping in and fixing all the "gray areas", "murky language", and a million other holes in this swiss cheese constitutional amendment so poorly authored and mistakenly supported by ignorant voters who were suckered by a bunch of stoners.

 

Best part is they may get their wish with the aid of this community who agrees with the basic premise that this law is so unclear and inadequate. The MML, the MMMA, and attorney's like Mr. Kormon are in agreement on these issues. Different solutions? You bet! So how to reach a solution? Another expensive public referendum hoping we get it right this time? (Like the opposition would ever be in agreement to anything but repeal) Or hand it to 3/4 of the legislature to do the right thing? Or protect and defend what we have?

 

I think if we strive hard enough we can assist in finding a way to make repeal, or restrictions that equate to repeal, happen. The Michigan Municip[al League will be right there to assist us.

[dutch&Dutchess]

State pre-emption is our best protection against local yokels

[+Dizledot]

Do you believe as I do?

 

I believe:

 

The Michigan Municipal League, the Police Chiefs Association and other groups have at the urging of the DEA:

 

Conspired to deny caregivers civil rights. Rights that have been given to them by the voters of the State of Michigan.

 

They have conspired by way of developing plans whereby, in communities across the State of Michigan, attempted to either heavily restricted or eliminated caregivers rights.

 

That such conspiracy represents a criminal activity of the highest order.

 

That criminal charges should be sought out against the persons responsible for the systematic repression of caregiver civil rights.

 

 

I totally agree with you but we need absolute proof in order to go after them. There are to many cities and townships that just follow the recommendation of MML and Michigan Township Association. Most of us will get an e mail with the latest recommendations. It's up to the voting members of these boards to follow or ignore. As I said most elected local officials are there for the notoriety not as your public servant. They will blindly follow whatever they are told. MML and MTA are getting their info out to the municipalities before we are. We need to get our info out now...they are starting to panic because there are request for warehouses, dispensaries etc.

Dizz

[Guest Wayne]

One small problem. Who is going after who in what forum? Criminal courts? Find a friendly prosecutor with little else to do. Civil courts? Who's providing the funding? Don't see this as a per-diem case many attorneys would be clamoring for. Given time the courts are our greatest ally. Enforcement of this constitutional amendment as supported by the voters. Patience people before we run ourselves right off the end of a cliff. Protect and defend!!

[+RevThad]

I wouldn't doubt there has been at least some sort of collusion to fight agains this law and our civil rights. The question is who are all of the players, who stands to make the most or continuing to make the most off of prohibition? Big pharma, big tobacco? DEA and LEO? Rehabs and treatment facilities? Probably a combination of all of them in one form or another.

 

I think the biggest problem they are having with keeping up the fight in the light is they have lost their chant of "darn hippies". As many in power these days were out there "tuning in, turning on, and dropping out", and realize that many of their opponents and constituents are well dressed, well spoken, well educated folks that understand the power of mmj.

 

They are learning or soon will that marijuana is medicine, and even though some may "abuse" (as they would claim) the medicine, that doesn't change the fact that it does heal and is safer than the FDA approved meds that get abused every day.

[Phil78]

i don't try to buy into conspiracy theories. i admit that they do exist, but don't normally bother myself over them.

 

however, the fella in saginaw who was busted by local authorities, held a rally and was then busted AGAIN by the DEA?

 

BS. definitely some backroom shananigans going on there. they obviously thought the fella would lie down and take it, but it blew up into another rally (rightfully so, that's BS!)

 

someone in the local authorities groups was in good with someone from the DEA, and thought they'd teach the poor guy a lesson. thought that since they couldn't do anything locally, they'd make an example out of him. BS BS BS BS BS!!!!

[peanutbutter]

i don't try to buy into conspiracy theories. i admit that they do exist, but don't normally bother myself over them.

 

however, the fella in saginaw who was busted by local authorities, held a rally and was then busted AGAIN by the DEA?

 

BS. definitely some backroom shananigans going on there. they obviously thought the fella would lie down and take it, but it blew up into another rally (rightfully so, that's BS!)

 

someone in the local authorities groups was in good with someone from the DEA, and thought they'd teach the poor guy a lesson. thought that since they couldn't do anything locally, they'd make an example out of him. BS BS BS BS BS!!!!

 

Also consider this sudden wave of "moratoriums" being passed or debated. There's to many of them to attend all. Seems like there are about seven or eight places per week to attend. Like stepping on ants coming out of a nest.

 

I'd like to toss some gasoline on the nest and have done with it.

[peanutbutter]

Forwarded

 

 

----- Original Message -----

From: "speaktomelikei'mfour" <renegade.solutions@gmail.com>

To: "Michigan Medical Cannabis Updates" <michigan-medical-cannabis-updates@googlegroups.com>

Sent: Monday, August 09, 2010 11:46 AM

Subject: MichMedCannabisUpdates Regarding Moratoriums- Documentation to fight back.

 

 

I'm the Editor of The Midwest Cultivator, and if you email me

directly, I will send you documentation to submit to your city or

village council that directly refutes the information they're getting

from their City Attorney, and most likely, The Michigan Municipal

League.

 

I encourage you to send these materials, through email, to the city

clerk and each member of council in your community. Also print and

bring the articles with you to the meeting.

 

If you can, contact your city council representative and ask them

about how and from whom they are receiving information about our laws.

 

I will send you:

 

An article written by myself titled, "With Proper Regulations, Medical

Marijuana Businesses Decrease Crime and Improve Public Safety,"

 

An Americans For Safe Access study titled, “Medical Cannabis

Dispensing Collectives And Local Regulation. ” The study focuses on

California communities that have dispensary ordinances to guide policy

makers when tackling dispensary regulations in their communities,

rather than outright bans on medical marijuana businesses. The result

is that those communities reduce crime as opposed to increasing crime,

foster better neighborhood relations and improve business in the

community.

 

An Associated Press investigative feature titled, "Drug War Has Not

Met Any Of It's Intended Goals," which helps legislators understand

that re-enacting prohibition of marijuana will empower the black

market and create the very environment they're worried about:

increased crime and children's access to drugs.

 

The Michigan Municipal League, working with the DEA, has been

pressuring people to enact these moratoriums and outright bans. They

have been holding symposiums for at least six months now with the DEA

in attendance. They use the California Police Chiefs Association White

Paper to scare people. That's why this other body of evidence from

California is helpful.

 

Here are some important talking points and questions to ask your local

legislators:

 

Our businesses have been up and running for some time now, and there

have been reports of crime or trouble, other than complaints from

neighbors who are afraid something will happen.

 

There is no emergency here, no reason to continue the ban of our

businesses, other than the one created out of fear.

 

Has our City Attorney consulted with the Michigan Municipal League, or

the DEA? Because they are anti-medical marijuana organizations.

 

How has our City Attorney educated the council regarding the new

medical marijuana law in any favorable light? Or has that education

been presenting primarily in a way that frightens you into enacting

this moratorium?

 

Have you been told you could have pot shops on every corner?

Have you been told the situation is California is dire and we could

have the same happen here?

 

Has our City Attorney given you patients and caregivers’ rights, or

encouraged you to meet with the existing businesses and compassion

club members to ask us directly how we think we should be regulated?

 

Are you conducting balanced research regarding potential actions and

outcomes of regulations for medical marijuana? Or are you relying on

the DEA and MML for information?

 

Armed with this information, you should be able to counter the attacks

from the opponents of medical marijuana..

 

Peace,

Charmie Gholson

[jamieuke]

From someone within Michigan NORML:

 

Yes, opposing forces are at work. This article has nothing to do with that, however. The Hubbard Law Firm understands the law and helps to educate municipalities properly. When they mention the choice to be prohibitive, they will also mention the potential legal ramifications that may result . At the Ypsi Twp symposium, hosted in part by the MML, they had a representative who warned an official from Livonia that the Federal ban strategy was not enforceable and that they could find themselves in legal trouble. We have attended Hubbard Law Firm seminars and they are very aware. They also were the ones who let me know what took place at the symposium and they were appalled at the DEA presentation and lack of information provided.

 

There are players that go beyond MML and the DEA at work. If they can not get what they want, they will work at screwing it up for the rest of us. These guys are connected, knowledgeable, well funded, and determined. They orchestrate the information to encourage municipalities to be prohibitive by the Federal ban strategy, or the Grand Rapids model. They perpetuate fear with DEA and the emotional plea for the "health and safety" of the people etc., then discuss how the law can still be beneficial for patients and to generate business by a......

 

 

 

 

 

.......limited number of large commercial grows. Sound familiar? These people are connected directly to that Kuiper concept. Of course, there was no indication of what the distribution system would like, or who would control it. They want total control to either corner all of the potential revenue, or to effectively shut it down.

 

These efforts are happening. However, to pull it off is a tall order and not likely. They will cause problems, though. It is absolutely crucial that we collectively vote for David Leyton for Attorney General. He has expressed support for the law and our community, and his opponent -Schuette-has been campaigning specifically against medical marijuana rights since before the MMMA.

[DT61]

And due to all of these outside forces which seek to change things for thier own personal benefit - we need to remain vigilant to defend what rights we have.