Police Arguing Hashhish Is Not Allowable Under Mmma

[LansingAreaCaregiver]

I came across this article and aside from the other issues raised, what jumped out at me right away was the police arguing that hashish (hash) is NOT allowed under the Michigan Medical Marihuana Act. While I'm not completely surprised that some LEO would argue this, what concerns me even more is the statement from a MDCH spokesperson saying it is unclear whether the statute allows for hash.

 

This is a critical issue, and if LEO and the prosecutor are successfully able to argue that hash isn't protected, I fear it will open the floodgates to any sort of marijuana preparation, aside from pure marijuana plant matter being deemed as illegal. We're talking edibles, oils, tinctures, and more. Please, is there anything we can do about this MMMA?

 

http://www.freep.com...of-driving-high

 

 

Marijuana club owner is accused of driving high

 

Police report says suspect carried hashish

 

A man arrested last week along with his wife in raids of the couple's medical marijuana establishments in Waterford also was arrested earlier this month when police said the man's marijuana use impaired his driving and that he possessed a potent form of marijuana called hashish that authorities believe is illegal for medical use, according to a confidential police report obtained by the Free Press.

But medical marijuana advocates said there is no court-approved way in Michigan for police to show that bad driving was the result of marijuana use, and they said hashish is merely a concentrated form of marijuana and thus legal for medical use in Michigan.Marijuana club owner William Teichman said he planned to speak to the news media today outside the Waterford District Court before his 1:30 p.m. preliminary exam in the case involving his establishments.

 

The Aug. 2 arrest of Teichman, 50, of White Lake, who has not yet been charged in the traffic stop, points out examples of how police and patients increasingly contend over how to interpret the two-year-old Michigan Medical Marijuana Act.

 

According to the confidential police report, Teichman's 2010 Jeep Commander -- confiscated by police in last week's raids -- twice swerved across the center line of Airport Road. The report said Teichman failed sobriety tests after being pulled over.

 

In his pockets were two pills of what the arresting officer -- a former undercover narcotics investigator -- said was "hashish, a marijuana derivative synthetically altered" from the marijuana plant, according to the police report.

 

It's unclear whether hashish is legal under the state medical marijuana law, a Michigan Department of Community Health spokesman said.

 

Teichman said he did not swerve across the center line and that the arresting officer told him he merely swerved within his own lane before he was pulled over about 8 p.m. He said he had just left Everybody's Café, a Waterford restaurant he co-owns with his wife, Candi Teichman. At 4 p.m. each weekday the café becomes a so-called compassion club where state-approved patients smoke medical marijuana.

 

Teichman also denied that the two pills he possessed contained hashish. He said they were "just made of ground-up marijuana," which he did not consider to be hashish. Hashish is a concentrated form of the drug that can be an ingredient in candy for patients who don't wish to smoke, medical marijuana attorney Matt Abel said.

 

Until legislators in Lansing spell out a regulatory framework for medical marijuana, the courts must decide on hashish and give police guidance on when a marijuana user's driving is impaired, said Oakland County Prosecutor Jessica Cooper.

 

 

EDIT:

 

Just realized this is in Oakland County. Big surprise there. Seems they want to be the face of opposition to MM. I think we need to show them exactly who they're fighting. Let's get 20 wheelchair-bound and military veteran MM patients to form a rolling protest. Simply cruise in a single file line in a circle around the sheriff's office all day long. I'm increasingly struggling to understand what their fear is.

[Rochester Cares]

"In his pockets were two pills of what the arresting officer -- a former undercover narcotics investigator -- said was "hashish, a marijuana derivative synthetically altered" from the marijuana plant, according to the police report"

 

Wonder if this isn't really hashish, but leaf capsules that nearly any respectable medical advocate would recommend to pain sufferers.

[+Annnie]

This is an unexcusable atrocity.. it must not be allowed to progress.. My sweet granny doesnt want to smoke marijuana.. she wants to rub the oil onto her aching hands and legs.. she needs to put the oil on her hammer toes so they will stop spasming.. When will these ppl learn??

[LansingAreaCaregiver]

"In his pockets were two pills of what the arresting officer -- a former undercover narcotics investigator -- said was "hashish, a marijuana derivative synthetically altered" from the marijuana plant, according to the police report"

 

Wonder if this isn't really hashish, but leaf capsules that nearly any respectable medical advocate would recommend to pain sufferers.

 

Or they may have been Keif pills. Regardless, for LEO to argue it isn't allowable under state law is blatantly incorrect and dangerous.

[+Annnie]

OMG these (sorry to say this) FREAKS.. They dont want ppl "High" on the medicine but then they want to restrict the medicines that provide releif without the buzz.. How can they be so blind..

[BubbleBerryKush]

its amazing how far these people (and I use the word loosely) will go.....I would respect them more if they just said "we dont like the law and we dont feel like MM should be legal in any form"....at least thats an opinion and not just the silence we keep getting now....

 

let it all be free.....

[HerbanLegendSeeds]

(j) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and ANY MIXTURE OR PREPARATION THEREOF, but does not include the seeds, stalks, and roots of the plant.

 

So as far as the law is written, we can possess up to 2.5 oz of hashish and or hash oil.

[StonedPlanet]

I still don't get it....

 

The police CLAIM that the law is VAGUE and UNCLEAR..

So, how do they know what to enforce? How do they know what IS and IS NOT legal?

 

Arresting someone for thinking that they were doing something illegal is just wrong..

Guilty until proven innocent!

[Ms Chocolate]

Hash is NOT allowed! Review the fed and state definitions (btw- they are basicly the same). A slice of those definations are allowed for our MMJ law. Usable marihuana is the dried leaves and flowers of the marihuana plant, and any mixture or preparations of those leaves and flowers. Resin extracts are not included as legal anywhere.

[LansingAreaCaregiver]

Hash is NOT allowed!

 

How you figure? marijuana or "preparation thereof" is clearly defined in the law

[peanutbutter]

Hash is NOT allowed!

 

Oh Chocolate .. I really wish you had not said that.

 

Hash is a preparation of marijuana. You must have the marijuana to prepare the hash.

 

You must have the marijuana to "manufacture" the hash.

[welj31]

(j) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and ANY MIXTURE OR PREPARATION THEREOF, but does not include the seeds, stalks, and roots of the plant.

 

So as far as the law is written, we can possess up to 2.5 oz of hashish and or hash oil.

BINGO!!

[Hempcheff]

I came across this article and aside from the other issues raised, what jumped out at me right away was the police arguing that hashish (hash) is NOT allowed under the Michigan Medical Marihuana Act. While I'm not completely surprised that some LEO would argue this, what concerns me even more is the statement from a MDCH spokesperson saying it is unclear whether the statute allows for hash.

 

This is a critical issue, and if LEO and the prosecutor are successfully able to argue that hash isn't protected, I fear it will open the floodgates to any sort of marijuana preparation, aside from pure marijuana plant matter being deemed as illegal. We're talking edibles, oils, tinctures, and more. Please, is there anything we can do about this MMMA?

 

http://www.freep.com...of-driving-high

 

 

Marijuana club owner is accused of driving high

 

Police report says suspect carried hashish

 

A man arrested last week along with his wife in raids of the couple's medical marijuana establishments in Waterford also was arrested earlier this month when police said the man's marijuana use impaired his driving and that he possessed a potent form of marijuana called hashish that authorities believe is illegal for medical use, according to a confidential police report obtained by the Free Press.

But medical marijuana advocates said there is no court-approved way in Michigan for police to show that bad driving was the result of marijuana use, and they said hashish is merely a concentrated form of marijuana and thus legal for medical use in Michigan.Marijuana club owner William Teichman said he planned to speak to the news media today outside the Waterford District Court before his 1:30 p.m. preliminary exam in the case involving his establishments.

 

The Aug. 2 arrest of Teichman, 50, of White Lake, who has not yet been charged in the traffic stop, points out examples of how police and patients increasingly contend over how to interpret the two-year-old Michigan Medical Marijuana Act.

 

According to the confidential police report, Teichman's 2010 Jeep Commander -- confiscated by police in last week's raids -- twice swerved across the center line of Airport Road. The report said Teichman failed sobriety tests after being pulled over.

 

In his pockets were two pills of what the arresting officer -- a former undercover narcotics investigator -- said was "hashish, a marijuana derivative synthetically altered" from the marijuana plant, according to the police report.

 

It's unclear whether hashish is legal under the state medical marijuana law, a Michigan Department of Community Health spokesman said.

 

Teichman said he did not swerve across the center line and that the arresting officer told him he merely swerved within his own lane before he was pulled over about 8 p.m. He said he had just left Everybody's Café, a Waterford restaurant he co-owns with his wife, Candi Teichman. At 4 p.m. each weekday the café becomes a so-called compassion club where state-approved patients smoke medical marijuana.

 

Teichman also denied that the two pills he possessed contained hashish. He said they were "just made of ground-up marijuana," which he did not consider to be hashish. Hashish is a concentrated form of the drug that can be an ingredient in candy for patients who don't wish to smoke, medical marijuana attorney Matt Abel said.

 

Until legislators in Lansing spell out a regulatory framework for medical marijuana, the courts must decide on hashish and give police guidance on when a marijuana user's driving is impaired, said Oakland County Prosecutor Jessica Cooper.

 

 

EDIT:

 

Just realized this is in Oakland County. Big surprise there. Seems they want to be the face of opposition to MM. I think we need to show them exactly who they're fighting. Let's get 20 wheelchair-bound and military veteran MM patients to form a rolling protest. Simply cruise in a single file line in a circle around the sheriff's office all day long. I'm increasingly struggling to understand what their fear is.

 

 

doesnt matter if it is buds, tincture, food, hash, bho, its all covered in the language:

 

(j) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

[Ms Chocolate]

Here’s how I came with my theory:

Under federal law, marihuana is; “All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” Therefore, So the leave, flowers, and extracted resin/trichomes/hash parts are given total illegal consideration.

 

Under State law, it is; “All parts of the plant Canabis Sativa L., growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.” Our State law follows the federal law.

 

For our Medical Marihuana Act, "Marihuana" means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106. I have listed this definition above. "Usable marihuana" is reduced to means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof. I read this as preparations made from the leaves and flowers. Any included under State law is otherwise still included, just as any excluded is still excluded.

 

I'll take all the -neg rep you have to give, but I rather be wrong for over thinking, than to be right and not sharing.

[Hempcheff]

Those who know me know that I do not step into sh+t unless I feel my shoes can standup to the smell.

 

Here’s how I came with my theory:

Under federal law, marihuana is; “All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” Therefore, So the leave, flowers, and extracted resin/trichomes/hash parts are given total illegal consideration.

 

Under State law, it is; “All parts of the plant Canabis Sativa L., growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.” Our State law follows the federal law.

 

For our Medical Marihuana Act, "Marihuana" means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106. I have listed this definition above. "Usable marihuana" is reduced to means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof. I read this as preparations made from the leaves and flowers. Any included under State law is otherwise still included, just as any excluded is still excluded.

 

I stepping in it to keep us all safe and free from arrest. I'll take all the -neg rep you have to give, but I rather be wrong for over thinking, than to be right and not sharing.

 

our law describes marijuana as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106, im not going to debate that, it is absolutely true, however, i think the definition of "usable Marihuana" is the point of discussion here and wether hash falls under that catagory.

 

is hash not a preperation made from leaves and flowers?

 

and ill give you a +rep ms., this topic needs every angle to be considered!

[Beiberluvsbuds]

Hash is NOT allowed! Review the fed and state definitions (btw- they are basicly the same). A slice of those definations are allowed for our MMJ law. Usable marihuana is the dried leaves and flowers of the marihuana plant, and any mixture or preparations of those leaves and flowers. Resin extracts are not included as legal anywhere.

ANY MIXTURE OR PREPARATIONS OF LEAVES AND FLOWERS....what do you think hash is made of then? If its part of the plant and used medically, its legal in ANY form...

[Ms Chocolate]

is hash not a preperation made from leaves and flowers?

 

and ill give you a +rep ms., this topic needs every angle to be considered!

Thank you Hempcheff, hash is indeed a preparation made from leaves and flowers. My understanding comes from the point in Michigan's law that excludes the resin extracted from any part of such plant.

 

Had I said that Hash MAY NOT be allowed, my theroy would have been the same.

[Hempcheff]

Curious, is hash listed anywhere else as a controlled substance? what is it scheduled as? as cannabis resin or otherwise?

 

just had the thought, i havent looked into it yet.

[peanutbutter]

Thank you Hempcheff, hash is indeed a preparation made from leaves and flowers. My understanding comes from the point in Michigan's law that excludes the resin extracted from any part of such plant.

 

Now I'm glad that you posted what you did.

 

Those exclusions are in the federal and Michigan CSA's. Such an exclusion is not in the medical marijuana law.

 

The medical marijuana un does what those CSA's did. The mmj law is for protection against the CSA. The mmj law does not exclude resin.

[Dlo]

I wonder if the hash ball that I pull off the end of my scissors would be what gets me in trouble.YUM lol

[puffaway]

I hope his attorney gets a copy of the dash cam video that supposedly shows him "weaving" before it gets erased or "lost".

Interesting that he just happened to get pulled over leaving Everybody's Cafe.

[Phil78]

i don't see how it would be illegal. it is not changed at all in chemical makeup, nothing is added, just plant material is taken away. same stuff. i could see them having smaller limits for hash, as it is more concentrated, but don't know how they could say it is not mj.

[Ms Chocolate]

I am filled with disillusion. After late weeks Oakland County raids, I’d received calls questioning the raids and the MMA in general. One issue that came up was the use of hash as medicine. When I seen the title question, I was excited.

 

Knowing how the forums here fold, I knew that this question, like the questions “how many plants can I have”, and “I’m a felon, can I be a caregiver”, would receive cut and dry responses.

 

With LEO on our asses, we here that their thoughts are leaning towards hash. I felt that this was an issue that we needed to debate. I had hoped we would see strong argument on both sides, put I just see negative reps.

 

We wear our thoughts, ideas, and intents on our sleeves. We need to start thinking of the thoughts, ideas, and intents of the oppositions.

[LedFloyd]

i think the problem is people dont know how people are making the hash......... butane hash....

 

 

http://www.youtube.com/watch?v=oePcnICADTs

[freakydawg420]

Hash is NOT allowed!

I think that sentence in your original post is the reason people are jumping the gun on the neg reps. Seems they read it, dont agree and hit the button automoatically.

 

Anyways, had your original post been worded a little different, maybe it would have been taken as I am sure you meant it, as your opinion and interpretation of the law.

 

That said, I have to disagree with you, in the fact that the fed/state drug law is not the same as our MMJ laws. (or shouldnt be anyways) And the hash is indeed a preparation made from leaves and flowers, so according to the MMJ law as I read it, it should be allowed.

 

"Had I said that Hash MAY NOT be allowed, my theroy would have been the same"

 

And most likely a little better received by the readers too I think.

 

There do seem to be a few people who like to neg rep, and not constructively debate an issue they dont see eye to eye on.

 

It's pretty bad seeing we are all here for the same cause, supporting the same issues and here we are arguing amongst ourselves over how we interpret the law that we fought and voted for