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Letter From Karen O'keefe On Dispensaries:


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Letter from Karen O'keefe on dispensaries:

 

Subject:15 Arrested in Oakland Sheriff's Pot Raids

 

I would encourage folks to fully realize the risk they're running if they

...do anything that is not clearly and explicitly allowed by Initiated Law 1.

Anyone treading outside the scope of what is clearly protected from arrest

could very well end up being prosecuted, which is generally extremely

expensive and stressful, even if one is ultimately acquitted. And, if

they're convicted it's even worse ... In addition, the current federal

policy that advises against targeting those who are state-legal only applies

to those in "clear and unambiguous compliance" with state laws.

 

The affirmative defense is meant as a safety net (such as for those who

are not registered or who need more marijuana), but it is not clear that

judges will interpret it as it was intended. I think the affirmative defense

is clear, but some courts have pretty much interpreted it out of existence,

so it is very risky to rely on it. In addition, one is way better off only

doing what is explicitly protected from arrest (getting an ID card and

abiding by the limits). Getting arrested and getting a lawyer, etc, is not a

pleasant experience even if one ultimately prevails.

 

In addition, public support could easily turn if there becomes a perception

that the law is being abused or what is happening is not what voters

expected. It's important that folks not do anything to undermine public

support. In Montana, there was a petition campaign to repeal the state's

medical marijuana law. It got off to a late start and they only had two

weeks or less to gather signatures. It didn't qualify, but it did show that

there is some strong and concerted opposition in response to things like a

proliferation of dispensaries, doctors that are not doing thorough exams and

a huge increase in patient numbers, etc.

 

I would love to see an add-on bill to allow well regulated dispensaries in

Michigan. I don't know if it'd have much of a chance, but a Republican

sponsor got one passed in Colorado last year and Montana lawmakers are

looking at doing the same thing next year. Maine and Rhode Island also have

new dispensary laws that were added on to their existing laws in 2009.

 

-Karen

Note: this is not intended as legal advice. Please consult with a

Michigan-licensed attorney for legal advice.

 

Karen O'Keefe, Director of State Policies

Marijuana Policy Project

236 Massachusetts Ave. NE, Suite 400

Washington, DC 20002

P: 202-462-5747, ext. *2023

F: 202-552-0982

kokeefe@mpp.org

http://www.mpp.org/

 

Please visit http://www.mpp.org/subscribe to sign up for MPP's free e-mail

alerts.

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What amazes me is that even though you have someone that helped draft and write the law telling them what was meant by certain language and the judges and police still ignore it. When they say we dont know how to interprate the law, then I say what better way then to ask those that WROTE the law what they meant by it. But apparently that would just prove the judges wrong so they dont do it. I will also say this when those that wrote the law warn you about something or interpratations of the law you should head their advice.

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She is trying to keep people safe. I think she also makes a great point about voter perception. If they start to see dispensaries as a problem the tide could turn as quickly as it did our way. If one of these cases can get to the Supreme Court we would have a more clear direction.

 

 

and the plans for more then one warehouse right here in Ferndale whats the Mayor going to do when they come for you

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Letter from Karen O'keefe on dispensaries:

 

Subject:15 Arrested in Oakland Sheriff's Pot Raids

 

I would encourage folks to fully realize the risk they're running if they

...do anything that is not clearly and explicitly allowed by Initiated Law 1.

Anyone treading outside the scope of what is clearly protected from arrest

could very well end up being prosecuted, which is generally extremely

expensive and stressful, even if one is ultimately acquitted. And, if

they're convicted it's even worse ... In addition, the current federal

policy that advises against targeting those who are state-legal only applies

to those in "clear and unambiguous compliance" with state laws.

 

The affirmative defense is meant as a safety net (such as for those who

are not registered or who need more marijuana), but it is not clear that

judges will interpret it as it was intended. I think the affirmative defense

is clear, but some courts have pretty much interpreted it out of existence,

so it is very risky to rely on it. In addition, one is way better off only

doing what is explicitly protected from arrest (getting an ID card and

abiding by the limits). Getting arrested and getting a lawyer, etc, is not a

pleasant experience even if one ultimately prevails.

 

In addition, public support could easily turn if there becomes a perception

that the law is being abused or what is happening is not what voters

expected. It's important that folks not do anything to undermine public

support. In Montana, there was a petition campaign to repeal the state's

medical marijuana law. It got off to a late start and they only had two

weeks or less to gather signatures. It didn't qualify, but it did show that

there is some strong and concerted opposition in response to things like a

proliferation of dispensaries, doctors that are not doing thorough exams and

a huge increase in patient numbers, etc.

 

I would love to see an add-on bill to allow well regulated dispensaries in

Michigan. I don't know if it'd have much of a chance, but a Republican

sponsor got one passed in Colorado last year and Montana lawmakers are

looking at doing the same thing next year. Maine and Rhode Island also have

new dispensary laws that were added on to their existing laws in 2009.

 

-Karen

Note: this is not intended as legal advice. Please consult with a

Michigan-licensed attorney for legal advice.

 

Karen O'Keefe, Director of State Policies

Marijuana Policy Project

236 Massachusetts Ave. NE, Suite 400

Washington, DC 20002

P: 202-462-5747, ext. *2023

F: 202-552-0982

kokeefe@mpp.org

http://www.mpp.org/

 

Please visit http://www.mpp.org/subscribe to sign up for MPP's free e-mail

alerts.

 

very good post i sent this to all my Friends

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I highly suggest that one of the lawyers discuss the difference in law and regulation. The legislature is a nut house. If you try to get a simple adjustment through the process which makes sense, look at the crazy stuff they do every time they tough anything.

 

Adjusting the regulations is far more preditable, remember the orginal process of creating the rules? This at least makes it open to public hearings, input from the regulated community (us).

 

A regulation can be changed anytime as long as it does not violate the orginal law created by the voters. At least we have a firewall. In the legislature, probably not without a supreme court case.

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I know nothing about the Bob and Torey case (apparently coming out of a raid), but that is a drastic comment, "I guess you can grow it but you can't sell it to no one." Sounds bitter, but is it really an accurate conclusion to draw from their case? Were they victimized to that extent? To the point that no registered caregiver should pass meds in legal amounts to a registered patient because no good deed will go unpunished? If you stay within the law as specifically written (as Karen O'Keefe, the lawyer in the top post) advises us to do, is it still an accurate conclusion to draw, "You can grow it but cannot sell it to anyone?" (implying that even though you operate legally you will be unrighteously arrested and penalized).

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In addition, public support could easily turn if there becomes a perception

that the law is being abused or what is happening is not what voters

expected. It's important that folks not do anything to undermine public

support. In Montana, there was a petition campaign to repeal the state's

medical marijuana law.

 

man, this is what i've been saying all along. some of my views, including this one, may make it appear that i may be some anti mj, but i am totally not. i don't want to lose what we have, and mj users have had a neg stigma for so long, we need to be conscious of the image we portray. if we can get the public to accept that people who smoke mj are no different and are actually doing less harm to themselves or anyone else, than if they were drinking, it will be easier to get it fully legal.

 

right now, they just see us as stoners who found a loophole.

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I know nothing about the Bob and Torey case (apparently coming out of a raid), but that is a drastic comment, "I guess you can grow it but you can't sell it to no one." Sounds bitter, but is it really an accurate conclusion to draw from their case? Were they victimized to that extent? To the point that no registered caregiver should pass meds in legal amounts to a registered patient because no good deed will go unpunished? If you stay within the law as specifically written (as Karen O'Keefe, the lawyer in the top post) advises us to do, is it still an accurate conclusion to draw, "You can grow it but cannot sell it to anyone?" (implying that even though you operate legally you will be unrighteously arrested and penalized).

 

 

http://hemp.org/news/judge-drops-drug-charges-against-madison-heights-couple

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