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Michigan State Police Inspector Greg Zarotney


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420NiceWorkCharmie,

 

The Midwest Cultivator asked Michigan State Police (MSP) Inspector Greg Zarotney for clarification on several issues. Inspector Zarotney, of the Field Services Bureau in Lansing, which oversees the patrol and investigative arm of the MSP, is responsible for providing information on enforcement policy to state police posts.

 

Does your interpretation of the MMMA allow for patient-to-patient transfers of marijuana?

 

Inspector Zarotney: First of all, we are law enforcers. We don’t interpret the law, we read and enforce the law. It’s the courts’ job to interpret the law. We put information out to the field regarding changes to the law.

This law doesn’t need too much interpretation regarding transfers of marijuana between patients. If you read from the law, the definition of medical use is straightforward in that it clearly allows for the acquisition, possession, delivery, and transfer of marihuana within the confines of the law.

 

Sixty three percent of the people passed this law, and law enforcement must accept the fact that the law is here to stay and we have to work within the law’s confines.

 

Charmie Gholson

 

Editor

 

The Midwest Cultivator

 

 

734-620-7277

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420NiceWorkCharmie,

 

The Midwest Cultivator asked Michigan State Police (MSP) Inspector Greg Zarotney for clarification on several issues. Inspector Zarotney, of the Field Services Bureau in Lansing, which oversees the patrol and investigative arm of the MSP, is responsible for providing information on enforcement policy to state police posts.

 

Does your interpretation of the MMMA allow for patient-to-patient transfers of marijuana?

 

Inspector Zarotney: First of all, we are law enforcers. We don’t interpret the law, we read and enforce the law. It’s the courts’ job to interpret the law. We put information out to the field regarding changes to the law.

This law doesn’t need too much interpretation regarding transfers of marijuana between patients. If you read from the law, the definition of medical use is straightforward in that it clearly allows for the acquisition, possession, delivery, and transfer of marihuana within the confines of the law.

 

Sixty three percent of the people passed this law, and law enforcement must accept the fact that the law is here to stay and we have to work within the law’s confines.

 

Charmie Gholson

 

Editor

 

The Midwest Cultivator

 

 

734-620-7277

 

 

Can we get anything in writing from these folks? I mean, the law is written, clearly. Why cannot they provide written instructions for their officers, share it with the public and there you go, we're all on the same page as far as their "interpretation" goes, which they say they do not do. But we all know EACH and EVERY LEO must interpret the laws with every civilian encounter. I mean WTF??!! They don't interpret the law? Gimmie a break!

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It has been more than a year and a half since the law became effective. To date there have been, unless I have missed something, no arrests for p2p transfers. Has anyone else heard of any despite the fact that it happens openly? The law is straightforward and explicitly allows them. Law enforcement steers clear from any real answers to the question whether it is legal and will not say one way or another what their take is. They know full well it is, and will play on our fears that they are not. So take ownership of the fact. P2P, as long as all parties are within the law regarding registration and quantity limits, are entirely protected. This is not at all the gray area some make it out to be. There are next to no gray areas in the law, and considering that patients and caregivers can possess any amount of incidental stems and seeds, those seeds are freely available for transfer.

 

Per section 4(a) and the rights defined within the definition of "Medical Use" there is no room for argument.

 

Given this, qualified patients can purchase and sell or give the stuff to or from any other qualified patient. Transfers do not have to be strictly between patients and their designated caregivers. What caregiver designation does is to provide a crop that is available to anyone. The only caveat here is that caregivers who are not patients are limited to providing only for the patients who are connected with them through the registry.

 

The floodgates are open. We need not assign caregivers except to permit them to maximize their crops and assure a steady uninterrupted supply for the entire community.

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Well i wish they would except it a little quicker and give my property back. And make restatution for the plants they killed and put my grow way behind .Went many a day without meds because of law enforcement not knowing the law. May 13th 2009 to be exact. Had my card for them at the door. Didnt make one bit of differnce. Was treated as a drug dealer. Ransacked my home stole my property.Been to circuit court found innocent P A keeps dragging his feet hoping i will die before he has to throw in the towel. I didnt break a law i want my property back. All im asking for is a little Justice. Are you on my Bucket List ???

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Well i wish they would except it a little quicker and give my property back. And make restatution for the plants they killed and put my grow way behind .Went many a day without meds because of law enforcement not knowing the law. May 13th 2009 to be exact. Had my card for them at the door. Didnt make one bit of differnce. Was treated as a drug dealer. Ransacked my home stole my property.Been to circuit court found innocent P A keeps dragging his feet hoping i will die before he has to throw in the towel. I didnt break a law i want my property back. All im asking for is a little Justice. Are you on my Bucket List ???

 

Man King I feel for you. complete horsshiite, good luck man

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The only reason LEO's opinion should matter to this community is if it respects the law and our rights. Case by case for now but it's getting better day by day.

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One of the safest things you can do is carry a copy of the law with you at all times you're carrying MM, with the pertinent sections highlighted for easy reference. Most LEO will back off if you appear to be well informed AND legal. At least that has been my experience for the last several LEO encounters I've had wherein MM was an issue. This year they have comported themselves much better in regards to MM. And yup, Kingpinn, I just got my equipment back after over a year of waiting. The equipment I got was confiscated from others. Sad. Mine was brand new, and this stuff is definitely used, and taken from some poor soul. Everything but the LED systems, which they had to pay top dollar for. That's the only satisfaction I got.

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One of the safest things you can do is carry a copy of the law with you at all times you're carrying MM, with the pertinent sections highlighted for easy reference. Most LEO will back off if you appear to be well informed AND legal. At least that has been my experience for the last several LEO encounters I've had wherein MM was an issue. This year they have comported themselves much better in regards to MM. And yup, Kingpinn, I just got my equipment back after over a year of waiting. The equipment I got was confiscated from others. Sad. Mine was brand new, and this stuff is definitely used, and taken from some poor soul. Everything but the LED systems, which they had to pay top dollar for. That's the only satisfaction I got.

 

 

Hi! Scooter it's Bob am glad to see you here again it's been a long time scents that night i remember it as much as you do i think i remember that day when you lost/ left your phone in somebody's car and was unable to post we were sure you were locked up and had people looking for you do you remember

 

anyways am glad it's working out for you Are you all done with your case now i mean all of your post are lost or are they anyways the way you stood up to Leo maid me do the same even thourgh am still in court

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Hi! Scooter it's Bob am glad to see you here again it's been a long time scents that night i remember it as much as you do i think i remember that day when you lost/ left your phone in somebody's car and was unable to post we were sure you were locked up and had people looking for you do you remember

 

anyways am glad it's working out for you Are you all done with your case now i mean all of your post are lost or are they anyways the way you stood up to Leo maid me do the same even thourgh am still in court

 

My probation ended June 30, and it's over. I have a misdemeanor possession on my record; my fiances record is clear. I expanded my facility, the girls are growing like weeds, and LEO leaves me alone now. Things are much better, but that night will NEVER leave me, and I'll never trust LEO again. In any way or situation. Keep on fighting, we are slowly winning ground. The public is seeing the truth, and it's having a positive effect. I'm certain you'll win your case.

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It has been more than a year and a half since the law became effective. To date there have been, unless I have missed something, no arrests for p2p transfers. Has anyone else heard of any despite the fact that it happens openly? The law is straightforward and explicitly allows them. Law enforcement steers clear from any real answers to the question whether it is legal and will not say one way or another what their take is. They know full well it is, and will play on our fears that they are not. So take ownership of the fact. P2P, as long as all parties are within the law regarding registration and quantity limits, are entirely protected. This is not at all the gray area some make it out to be. There are next to no gray areas in the law, and considering that patients and caregivers can possess any amount of incidental stems and seeds, those seeds are freely available for transfer.

 

Per section 4(a) and the rights defined within the definition of "Medical Use" there is no room for argument.

 

Given this, qualified patients can purchase and sell or give the stuff to or from any other qualified patient. Transfers do not have to be strictly between patients and their designated caregivers. What caregiver designation does is to provide a crop that is available to anyone. The only caveat here is that caregivers who are not patients are limited to providing only for the patients who are connected with them through the registry.

 

The floodgates are open. We need not assign caregivers except to permit them to maximize their crops and assure a steady uninterrupted supply for the entire community.

 

Interesting how time changes things.

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  • 2 months later...

“THE DEFINITION OF “MEDICAL USE” IS UNEXPECTEDLY BROAD: ALTHOUGH A QUALIFYING PATIENT MAY NOT SELL MARIJUANA, JUST ABOUT ANYTHING ELSE AN INDIVIDUAL CAN DO WITH MARIJUANA WOULD BE CONSIDERED MEDICAL USE UNDER THE MMMA” – APPELLATE JUDGE P.J. O’CONNELL, STATE OF MICHIGAN V. ROBERT LEE REDDEN, STATE OF MICHIGAN V. TOREY ALISON CLARK, SEPT. 14, 2010

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GregS: I suspect the Oakland Co. dispensary busts are p2p tests. A thought occurred to me this morning, though - that the MDCH has tacitly approved of the practice by virtue of the facts that:

 

1) They have been fully aware of the practice,

2) They have promulgated no rules to curtail it.

3) They have an affirmative obligation to ensure that health practices in an approved manner, with due haste, and

4) They haven't done so after 18 months.

 

Let's not get too excited... we still have the 'clear and ambiguous' test from the Ogden Memo, which the DEA has said privately, is not passed by the Act as written regarding p2p. Which is to say that they reject the p2p argument, particularly where compensation is involved. Similarly, I think there is a fairly unanimous reading that the 'compensation that is not considered a sale' bit is an exclusive safe harbor from the MI CSA for a caregiver providing for their registry-connected patient.

 

Tricky ground indeed.

 

.

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They're still all over the place on this subject so be dam careful. It maybe legal but you may have to spend the time and money in court to prove that point. So,,,, be dam careful. Bob and Torey where legal but are still having to fight thier case in court, so be dam careful...............

 

One other thing

 

We dont want squad cars,,,, we want thier fire trucks hehehehehehhehe...

 

Sue'em till thier socks fall off..................

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Sue them until they go after REAL criminals! Make them fear the huge lawsuit that follows arresting any Medical Marijuana user. Licenced Michigan Medical Marijuana users are 65 thousand and growing!!! Are there 65 thousand cops in Michigan?- No way! they keep cutting their jobs while we continue to grow.

They thrive on our fear! It gives them power over us. The days of fear are coming to an end and we WILL win this war.

Thank you all you freedom fighters!! We love you!

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Sue them until they go after REAL criminals! Make them fear the huge lawsuit that follows arresting any Medical Marijuana user. Licenced Michigan Medical Marijuana users are 65 thousand and growing!!! Are there 65 thousand cops in Michigan?- No way! they keep cutting their jobs while we continue to grow.

They thrive on our fear! It gives them power over us. The days of fear are coming to an end and we WILL win this war.

Thank you all you freedom fighters!! We love you!

 

 

What MellowFellow said...

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Like the anti-schuette sign says, FIGHT CRIME, NOT SICK PEOPLE. Anyone who picks on an unarmed person, especially someone's who's ill, is a coward and a bully- a miserable excuse for a human being, who thinks he can abuse his power, brave behind his gun and badge, doesn't deserve to wear that uniform. Then they add insult to injury by killing pets. If it were someone's service dog, that'd add even more fuel to the fire. Enough people have to be able to fight this, to send a strong enough message that we will NOT tolerate it, we DO have RIGHTS they MUST RESPECT. We're doing our best to comply with it. I hope there's a HUGE class action and they sue those thugs for EVERYTHING THEY HAVE.

 

This is a HEALTH ISSUE, yet trying to be healthy seems to be a crime, too.

 

I think we're living in the wrong dimension, everything is backwards! :(

Sb

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