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Police Were Merely Enforcing Drug Laws


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In Oakland County, an armed robbery where the victim was a medical marijuana card holder was robbed at gunpoint while attempting to illegally sell a pound of marijuana to the suspects; a medical marijuana provider was arrested for trading his marijuana for heroin; and a building was broken into in which the medical marijuana caregiver had his marijuana stolen. - Michael Bouchard

 

The first two crimes were obviously illegal and were not caused by the Medical Marijuana Act. They probably would have happened even if the law had not been passed. (Oh, sorry! I forgot, there was no marijuana or illegal drug use in the state before the law was passed.)

 

The third was a breaking and entering and should have been treated the same way any other crime of this nature would be. The fact that it was medical marijuana did not cause the crime, the crime was caused by the dishonesty of the perpetrator. If his logic was followed then we should arrest pharmacists when drug stores are broken into.

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Stoner.. why are you against Honest michigan caregivers making an honest living? Why is it ok for Big Pharmacutical companies to make billions and an honest michigan caregiver isnt even allowed a nice car? I Dont know anyone who has an escalade except for ppl like drs and lawyers and cops and pharmacutecal co. reps.

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Good afternoon, thought I would chime in on this one... now that my internet is back up and running and I have a few moments to sit back and do some responding, this looks like as good a place as any to start.

 

The rest of my responses will be in blue.

 

Yes, but that is not the part of the "law" that I am referring to..

 

The law says a caregiver can have 5 patients, not unlimited patients by dealing through a dispensary...

The law states that a caregiver can be registered to only 5 patients and grow 12 plants for each of them.... it also allows for ANYBODY to assist a registered patient with the medical use of marijuana as defined under the law.

 

A "loop-hole" would be if the caregiver is a patient him/herself and makes a transaction to another patient.

Think about it.. If the cops were to watch one caregiver who is selling to more than 5 different people, what do you think they would do?

Would they be justified to raid that caregiver since they flat out watched him sell to 10 different people?No loop holes needed. For a few reasons: First, under section 4 (k), the only people a registered patient or registered caregiver are not allowed to sell to are "someone who is not allowed to use marihuana for medical purposes under this act"; Second, under section 4 (i) A person shall not be subject to arrest, prosecution, or penalty in any manner, for being in the vicinity or for assisting a registered patient with the medical use of marijuana; and finally how would LEO know who is a registered cg or patient, without harassing them to see their cards or paperwork??

 

Finding such loop-holes just to make some cash is abuse of the system..

If you are a patient who can not grow their own then designate a caregiver..

If your caregiver fails to keep up with your demand then find a better caregiver..

Again, no loop-holes needed to make sure that all patients are able to have an uninterrupted supply of medication, be it through their caregiver, another caregiver, or another patient, they have the right to acquire it, just as a caregiver has the right to acquire meds for their patients...

 

Those are the only ABSOLUTES that I see in the law..

There are some other absolutes that you missed in the law, and seeing as your absolutes were incorrect, I am not surprised. One such absolute is that a patient or caregiver in possession of a registry card (or its equivalent) and not possessing an amount larger than the law allows, SHALL NOT be arrested, prosecuted, etc... That seems like a pretty strong statement and an absolute.

 

Nowhere does it mention dispensaries or caregivers selling to more than 5 patients..

Do as you want, but you could possibly end up one of the "victims" of robbery..

Just a simple question to answer this one... Where does a visiting qualifying patient go to get their meds? Or are you suggesting that they must smuggle them across state lines?

 

The more people who try to find loop holes to abuse the system are screwing it up for everyone else..

 

The more people that buy into, and spread the hype and hyperbole about people getting rich or getting into the program just to get high, also screws it up for the everyone else.

This program is NOT supposed to be about making money..

I see more greed out there than real compassion!

This is the one thing we do agree upon, this law was designed to help patients, it is about compassion, and it should be obvious that making a patient wait 4 months for their card to arrive, then another 3 months for plants to grow, and a few weeks for good drying and curing, isn't all that compassionate; therefore the only conclusion one can logically come to is that they are allowed to get their meds through some other means... other patients, other caregivers, or any other means that allows for an uninterrupted supply of crucial medications...

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Stoner.. why are you against Honest michigan caregivers making an honest living? Why is it ok for Big Pharmacutical companies to make billions and an honest michigan caregiver isnt even allowed a nice car? I Dont know anyone who has an escalade except for ppl like drs and lawyers and cops and pharmacutecal co. reps.

Where did I say that I am against HONEST caregivers??

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It is clearly written into the law that it is legal to assist a patient with the Medical use of marijuana. We must defend the law in it's entirety, not just the parts we like. Thanks, BB

Exactly right. Section 4 (i) states "A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

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Where did I say that I am against HONEST caregivers??

When you suggest in numerous posts that people trying to help patients other than those they are registered too, are trying to find "loop-holes" or are just out to make a profit. Some of us caregiver types, are actually losing money by taking care of our patients, and it doesn't matter to us. I am not worried about money, I am worried about the quality of life my patients are able to have when they have meds, and when I am in the position I will assist other patients if and when I can...

 

I have seen you use the word compassion in this thread, should my compassion end at the end of my 5 allowed registered patients?

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It does concern me greatly to read some of the names on here and some other things I've read, though many with those kind of names do write good posts. This is a public board for MEDICAL Mj, and they who oppose MM ARE watching us. I'm considering removing the leaf from my guitar pic, though I worked hard on it and it was a fun project, it may give the wrong idea.

Yeah, I hear you. I had one of those names and I was going to change it, but I couldn't figure out how so I registered a new name. My writing style and other things might allow some people here to figure out who I was.

 

I thought my name was kinda cute, but with everything going on lately I don't want to give the wrong impression.

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The law was setup this way to trap us whenever the police see a hole. Isnt this whole marijuana debate over taxation???? The only reason they never made it legal was because they never knew how to tax it and make a good profit off of it. Now that its "medical" they have all these grey areas and nobody knows what to do. Its simple politics at the end of the day. This country is pathetic on its marijuana laws. All the break ins and robberies that are goin on is because marijuana is not legal. Mexican druglords make more money off pot than anything else! loll This law is a first step to legalization. The cops just wanna make themselves look good and make the department money (for no reason) that they'll never get a piece of. Ive heard people say time and time again "how come u dont bust some cocaine or heroin dealer?" And thats a grrrrrr888888888888 question. People everyday in macomb, oakland, and wayne county are snorting, pokin, and swallowing heroin and cocaine products. How many big busts has there been lately?? They got drugs all over the school districts and nobody sends in K9's to check the schools and save kids lives in the process. Even though alot of people think the Catholic church is the enemy, all the priests i have asked told me that if its legal under law then so be it. Alcohol is far worse than Marijuana.

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Good to see you RevThad! Your analysis is right on as usual. Thanks, Bb

Glad to be back up to a decent speed, the last few days we have barely been at dialup speeds, so the browsing and responding has been miserably slow.

 

BTW, looking forward to seeing that info you mentioned in another thread...

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Yes, but that is not the part of the "law" that I am referring to..

 

The law says a caregiver can have 5 patients, not unlimited patients by dealing through a dispensary...

A "loop-hole" would be if the caregiver is a patient him/herself and makes a transaction to another patient.

Think about it.. If the cops were to watch one caregiver who is selling to more than 5 different people, what do you think they would do?

Would they be justified to raid that caregiver since they flat out watched him sell to 10 different people?

 

Finding such loop-holes just to make some cash is abuse of the system..

If you are a patient who can not grow their own then designate a caregiver..

If your caregiver fails to keep up with your demand then find a better caregiver..

 

Those are the only ABSOLUTES that I see in the law..

 

Nowhere does it mention dispensaries or caregivers selling to more than 5 patients..

Do as you want, but you could possibly end up one of the "victims" of robbery..

 

 

The more people who try to find loop holes to abuse the system are screwing it up for everyone else..

This program is NOT supposed to be about making money..

I see more greed out there than real compassion!

 

The law says a Primary caregiver can have 5 patients, not unlimited patients by dealing through a dispensary...

A "loop-hole" would be if the caregiver is a patient him/herself and makes a transaction to another patient.

Think about it.. If the cops were to watch one caregiver who is selling to more than 5 different people, what do you think they would do?

Would they be justified to raid that caregiver since they flat out watched him sell to 10 different people?"

 

the officer should be on his way after asking for cards regardless , and the way things are worded, it seems LEO needs to treat/approach any and all transactions they deem suspicious with the presumption that it is for medical use.

 

besides that, the PRIMARY caregiver is only responsible for ensuring that his/her patient has an uninterrupted supply, and if elected, the permission to grow plants for those patients.

 

but, caregiver is a status, and the word primary, by definition means main/first/initial. if cg-other patients were illegal, it would be:

1.written specifically into the language that a patient is bound to a caregiver. in fact, just the oppisite is declared in the language. and

2. worded without the use of PRIMARY, and just caregiver, or sole caregiver, etc...

 

 

look at it this way. in simplest terms, caregiver status is a license to distribute, and patient status is a license to use (medical use as defined by the act).

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Good afternoon, thought I would chime in on this one... now that my internet is back up and running and I have a few moments to sit back and do some responding, this looks like as good a place as any to start.

 

The rest of my responses will be in blue.

 

:sword: Nice 1 Rev, couldn't have said it better myself. Very Happy to see our Law defended by those who understand the Law as written.

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Yeah, I hear you. I had one of those names and I was going to change it, but I couldn't figure out how so I registered a new name. My writing style and other things might allow some people here to figure out who I was.

 

I thought my name was kinda cute, but with everything going on lately I don't want to give the wrong impression.

Anita? Is that you? You could've asked Garfield to change it for you. You are one of the ones who writes very good posts.

 

Sb

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http://www.theoaklandpress.com/articles/2010/09/27/opinion/doc4ca1309f98b0c676197427.txt

 

Here is the link to the story.

 

 

 

PS. When you post a story, please add a link to it, or add the story in a quote. It helps.

wow , what a turd.

I am curious to know of anyone read any of the other post underneath beside BB's cuz the one right above i think has a link to the court transcripts of part of testimony of Micheal McCabe in the sexual discrimination case of Jane budreau and it took me bout 5 or so hours to read it all but sooo blown away about the cover-ups.

the ones listed are only a couple of the bad ones covered up by those 2 assclowns.The rest is in the actual transcripts. forgive me for lack of a more intelligent response but assclowns was mild compared to all the words that came to mind.

and BB that was far more courteous and profession tha i coulda drug up out me! "props"

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wow , what a turd.

I am curious to know of anyone read any of the other post underneath beside BB's cuz the one right above i think has a link to the court transcripts of part of testimony of Micheal McCabe in the sexual discrimination case of Jane budreau and it took me bout 5 or so hours to read it all but sooo blown away about the cover-ups.

the ones listed are only a couple of the bad ones covered up by those 2 assclowns.The rest is in the actual transcripts. forgive me for lack of a more intelligent response but assclowns was mild compared to all the words that came to mind.

and BB that was far more courteous and profession tha i coulda drug up out me! "props"

Yeah, those coverups are particularly insulting in light of Blowhard's (oops, I mean Douchebag, er um I mean Bouchard's) claim that he is merely enforcing the law. He tries to equate the dispensaries with organized crime. After reading those transcripts I conclude that there is as much crime within the Sheriff's gang as there is in most communities in Michigan. And the part about, "professional courtesy" (when a cop finds another cop DUI and takes them home rather than throwing them in jail) sounds like "organized crime" to me. If he was truly concerned with enforcing drug laws it seems that he would first concentrate on the alcohol and methedrine abuse by his own employees.

 

Speaking of insulting, I think your term, "assclowns" to describe these thugs is insulting to all honest clowns who work hard to do their job professionally and properly. Clowns are funny and entertaining. The gang from Oakland County is neither professional nor is their misuse of taxpayer resources proper. And I don't find them to be funny or entertaining.

:P

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My friend those same words went through my mind repeatedly. There are no words that adequately describe the monster that rules Oakland County with an iron fist.

 

 

well they are trying to lock us up too

 

but are Lawyers said we may have to go back to court Oct 14 and i guess i will be passing the hat around in Lansing

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My friend those same words went through my mind repeatedly. There are no words that adequately describe the monster that rules Oakland County with an iron fist.

 

Thank you Blueberry for your great comments on the Oakland Press website. There were others on there that I suspect were people from MMMA but I don't know what names they went by. They did a great job too. I just know Bouchard read each and every one of the comments. What a nice way to let him know what we think. My mission for this thread is accomplished. Thank you.

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Finely Mr. Bouchard has spoken up about the drug raids in Waterford and Ferndale. I recommend reading his article in the opinion section of The Oakland Press on September 28th. Feel free to bombard him with comments.

 

Here is an interesting comment from the article.

 

" SHERIFF MIKE BOUCHARD: THE MOST CORRUPT POLITICIAN IN MICHIGAN.

COPY AND PASTE THE LISTED LINK FOR UNDERSHERIFF MIKE MCCABES FEDERAL COURT CONFESSION TO OAKLAND COUNTY SHERIFF COVER UPS, OF CRIMES COMMITED BY THEIR OWN OFFICERS!!!!: 57,101 HITS!

http://docs.google.com/fileview?id=0B-fbvW6C9c9cOWZjMzU0YjctMmQ0YS00ZmJkLWIxYjgtNzUzOTZmMGM1NGQy&hl=en

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #1 (ORION TOWNSHIP) Oakland County Sheriff Narcotics Enforcement Detective Sgt. passed out in his car with a syringe in his arm full of liquid crystal meth, loaded swat team weapons in the car, and a toxic meth lab inside the vehicle! CHARGED WITH POSSESSION OF METH ONLY! (An ordinary citizen would have been charged with Manufacturing Meth, Felony Firearm and operating a METH LAB near a federal building.)

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #2 (PONTIAC) Oakland County Sheriff Internal Affairs Detective LT. secretly videotaped his sexual escapades with 4 different women, who did not know they were being taped, in an interrogation room at the Sheriffs Office, in the same hall as Sheriff Bouchard and UnderSheriff McCabes Office. The Detective Lt. was not charged with a crime! SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE THE COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #3 (INDEPENDENCE TOWNSHIP) Oakland County Sheriff Internal affairs Detective Sgt. Lures the victim of a Domestic assault case he is investigating to his own home, under the guise of paperwork and admits to having sex with the victim. The victim filed a violent rape complaint. No criminal charges or discipline for the Internal affairs Detective Sgt. The internal affairs Detective Sgt. Is still working in internal affairs. SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE THE COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #4 (COMMERCE TOWNSHIP) Oakland County Sheriff School Liaison Officer who had party with an underage stripper and had sex with her in front of a crowd, SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #5 (SPRINGFIELD TOWNSHIP) Oakland County Sheriff Command Detective Sgt. who admitted to smoking marijuana, while on duty, in his patrol car continuously for years. The Sgt. even admitted to storing the weed in the car, SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #6 (LYON TOWNSHIP) Oakland County Sheriff Command Detective Sgt. gets caught window peeping in Milford Michigan, SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #7 (COMMERCE TOWNSHIP) Oakland County Sheriff Command Detective Sgt. who participated in a sex party with an underage stripper, SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #8 (COMMERCE TOWNSHIP) Oakland County Sheriff Command Detective Sgt. who was found in his patrol car drunk and passed out at a gas station in Milford Township. SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #9 (COMMERCE TOWNSHIP) Oakland County Sheriff Deputy came into work drunk @ .14 over the limit, and the crime was covered up COMMERCE Command Detective Lt. Clay R. Jansson. Command Detective Lt. Clay R. Jansson drove the Deputy home! SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #10 (ROCHESTER HILLS) Oakland County Sheriff Command Detective Sgt. Commits FELONY LEIN violations to stalk and chase his exs new man. SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER!

 

SHERIFF MIKE BOUCHARD POLICE CRIME COVER UP #11 (COMMERCE TOWNSHIP) Oakland County Sheriff Deputy who committed 7 felonies got 2 days off and SHERIFF MIKE BOUCHARD FAILED TO CRIMINALLY CHARGE A COMMAND OFFICER! "

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Patient to Patient transfers are legal, please read the law a few more times stoner.

 

 

Ah, so it is as simple as that. Just cut and dried, straightforward? No asterisk needed, huh?

 

If a new patient came here, read this post and came to the conclusion that as a patient he could grow for and sell to any other patient, would there be any feeling of remorse on you part Capt. when this patient got busted? Would you care? Or would you just say, "buck up" what you did was perfectly legal. Don't sweat the bust? Don't seat the trial? Don't sweat the incarceration?

 

Until the advocates for P2P are willing to conduct their "business" in front of the local LEO, I wish they would keep their mouths shut. Or, at the very least, put a huge asterisk behind your explanation that says "P2P is considered legal but you still may be subject to arrest, prosecution, and incarceration".

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Ah, so it is as simple as that. Just cut and dried, straightforward? No asterisk needed, huh?

 

If a new patient came here, read this post and came to the conclusion that as a patient he could grow for and sell to any other patient, would there be any feeling of remorse on you part Capt. when this patient got busted? Would you care? Or would you just say, "buck up" what you did was perfectly legal. Don't sweat the bust? Don't seat the trial? Don't sweat the incarceration?

 

Until the advocates for P2P are willing to conduct their "business" in front of the local LEO, I wish they would keep their mouths shut. Or, at the very least, put a huge asterisk behind your explanation that says "P2P is considered legal but you still may be subject to arrest, prosecution, and incarceration".

 

Are you saying P2P transfers are not Legal, if so please show me where in the MM Act this is stated.

 

The Act is written in plain simple english and those who want to participate need to understand what they are getting into and the possible consequences. LEO's will do anything they want as history has shown us and let the courts settle the problems untill it starts to hit them in the pocketbook.

 

 

This is a War and sometimes the rules are not so clear, but in my opionin the rules set forth in the MM Act are very clear. Propaganda is used to scare those who don't understand the act and in the long run We Will Win if we fight for the rights given to us from the will of 63% of the people of our great state. Right now the state is trying to circumvent the will of the people and the majority of people will understand this and it will hurt the state in the long run.

 

The people have spoken and the cat is out of the hat and that cat is getting stronger every day.

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blueberry wrote on Sep 28, 2010 2:02 PM:

" Sheriff Bouchard, I am the CEO of the Michigan Medical Marijuana Association. We have almost 17,000 members. Our Website is michiganmedicalmarijuana.org This website that you quoted could have been put up by anyone. That is the nature of the Internet. We are the number 1 Medical Marijuana website in the world.

 

Each Compassion Club in the state has it's own Exec Director. There is no central control. A quick check on the state website would confirm to you the same, as they are all incorporated by separate entities. There is no central Exec Dir, or a central charter for them. The MMMA offers guidance for Compassion Clubs, but no club is obligated to follow it.

 

I have spent much of the last week speaking to victims of the raids. All of them tell the identical story about the vicious attack that occurred. I am convinced that Sal Agro died as a result of your raid on his home. Every single person spoke of guns drawn, take downs, weapons pointed at patients. You guys even stole kids piggy banks, while they were being held under arms. There is no way you can defend this military action against civilians. You, yourself stated that this action was taken to make the state act. The suffering you have caused for your stated goal is unforgivable.

 

Now that we're through with the introductions, let's get down to the facts.

 

Our Law is The Michigan Medical Marijuana Act. The word exemption does not appear in the title of the act. This is a misrepresentation on your part. The law offers expansive protections to all those that participate in the program. A simple reading of the law in sequential fashion in plain English confirms this statement.

 

You proposed right after the raid a state run dispensary. I believe that calls into question your motives. Sheriff Bouchard, we don't want a state run system. The state has failed at every attempt it has made to deliver health care. It is the true definition of insanity to keep doing the same thing and expect a different outcome. We would be happy to discuss with you various distribution systems that would be acceptable to the government of Oakland County. The goal after all is to deliver quality care to patients.

 

Please don't try to be a doctor. All the symptoms you have described can be associated with chronic or even deadly disease. It is imperative that government officials not tamper with the doctor patient relationship. If you change that relationship as an "Exception" for those who choose Medical marijuana", we will demand that it be changed for every doctor in the state.

 

I hope you understand the power you have to hurt, destroy and yes even kill people. We at the Michigan Medical Marijuana Association will always be available for a sit down. We would rather talk that protest, argue or suffer at the hands of Law Enforcement.

 

I look forward to hearing from you and hope you will not hurt anymore patients or caregivers. Thanks Joe Cain CEO Michigan Medical Marijuana Association "

 

craven wrote on Sep 28, 2010 7:55 PM:

" blueberry, can you explain this? It is your own post on your website.

 

What is the current distribution system? Is your organization in the business of selling marijuana too?

 

 

A New Model For Distribution Systems And More

Folks we must move quickly to design a replacement for the current distributions system The current model is being taken down at will by local prosecutors, who are then issuing even stricter guidelines for interpretation of our laws. Such as a person must be connected directly through the registry in order for a transaction to be legal. We know this is false, the same as we know it's illegal to sell to anyone who comes through the door without proper documentation. Both extremes flaunts the law.

 

Our model must be within strict adherence to the law. There are many models that are close, but all need tweaking. I will flow charting up a patient oriented model, that I believe will lower cost and increase availability for all patients. That should always be the focus of all our efforts. I urge you to provide input to this process.

 

Maybe under the guise of being for patients, your organization is really for profits? "

 

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RevThad wrote on Sep 28, 2010 8:30 PM:

" @ craven

 

You ask "can you explain this? It is your own post on your website.

 

What is the current distribution system? Is your organization in the business of selling marijuana too? "

 

Then go on to quote from a message board that may or may be covered by copyright issues, that being said I will answer your questions. I am no Blueberry but, I hope my opinions and answers will suffice.

 

If you have read the rest of that vary thread and the other one associated with it, you will notice that the purpose of it, was to discuss exactly what the best possible distribution system (model) would be under current law. That is what is the best way to ensure that PATIENTS are guaranteed the right granted under this law, an uninterrupted supply of medication. The purpose of the thread was to open a discussion of the various models that could be used under the current law to make sure that happens, and to debate the downsides to any of the proposed models. I am open to such discussion with members of law enforcement, municipalities, and anybody else that has an interest in figuring out the best way to prevent PATIENTS from being arrested for doing what they are allowed under law, and to protect the caregivers that take care of those patients.

 

By your comments I am not sure if you are for or against a patient having access to their medication, so I will not comment on it.

 

I will conclude by answering directly your questions about profits. That is not the purpose of the Michigan Medical Marijuana Association, as far as I know, and definitely was not the purpose of the thread that you quoted.

 

I will respond to the article itself in another post.

 

Have a great evening. "

 

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RevThad wrote on Sep 28, 2010 9:22 PM:

" Dear Mr. Bouchard,

 

Might I suggest that you read the law you are supposed to be upholding, much less misquoting on a frequent basis. The fact that you cannot even get the name of the law straight suggests to me that your opinions of it are based on hearsay and off the cuff opinions of others.

 

So let's take a look at the facts of what the law actually says and the current state of things in our beautiful State of Michigan.

 

First off, patients and caregivers who are registered with the state "shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, etc.." as long as they are in possession of a registry id card (or its equivalent) and do not possess an amount greater than the law allows.

 

Equivalents to a registry id card can be an out of state medical marijuana registration card or as the MMMAct states in "Section 9 (b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card."

 

That last one seems to be something that your department wants to exploit to push the issues, and possibly forged some of these documents to gain access to some of these facilities... I suggest you brush up on rulings regarding "reasonably realistic" and how they apply to folks that check ids for services or products.

 

Just one last bit in this primer on the law. The law provides a couple of very interesting protections and clauses. The first really interesting one is the protections it provides to ANYBODY that is merely in the vicinity or assisting a registered patient with the "medical use" of marijuana as defined under the law... That one can be found at Section 4(i), note they are not subject to arrest, prosecution, or penalty etc...

 

The next is found in Section 7, it is what one would describe as a super clause. It simply states: (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

What is the medical use of marijuana as provided for by this act?

 

Section 3 (e) gives us that answer:

(e) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Make special note of the words ACQUISITION, DELIVERY, and TRANSFER, as they all involve at least one other person, and as we have seen from other portions of the law, that can be any person that is helping a registered qualifying patient.

 

I wish you well, and hope that you will take the offers made to sit down and talk about these important issues seriously. Clarifying the various points of the law will benefit everybody involved, and as you can see shouldn't require the intimidation tactics that have been employed in recent weeks.

 

At best you have some arrests that have been made, and according to the law you will have wasted a bunch of taxpayer money on them as Section 8 will apply to those that aren't registered, and those cases shall be dismissed upon showing they were helping registered patients. "

 

 

blueberry wrote on Sep 28, 2010 10:03 PM:

" Thank You RevThad, I apprecite you responding for me. It is part of my responsibility to insure that patients rights are not only adhered to by all parties, but they have safe affordable access to the medication of their choice. The MMMA has no interest in any distribution model, but must deal with reality. My statement was one founded in the reality that paramilitary action was being taken against patients in Oakland County and other counties across Michigan. I was only being prudent in opening up the discussion. BTW, did you read the conclusion of that thread. In simple terms, the law provides that any transaction that ultimately benefits a patient is legal. Isn't that amazing? Helping people is actually legal. "

 

 

I just had my first chance to read the Bouchard Article, mostly because I was so wound up about what our Dear Prosecutor had to say. There is much to say about the Sherrif, obviously our community knows what propaganda smells like. Evidencing this is the thread that follows Bouchard's comments from the Oakland press. Obviously he has zero support except for this one character Craven, who probably is the Sherriff himself. I would suggest this because it would be only someone with that level of intelligence that would walk into the one of the greatest one two punches ever delivered. If you have not read it yet, i felt compelled to reprint it here on our forum. Bluebery and Rev Thad ( Ali/ Frazier) took it to Craven so bad, he was left speechless. Obvious BB and Rev Thad exemplified why the pen is mightier than the sword. Nice work Guys.

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