Controlled Substances, Liquor Allowed While Incarcerated

[freemannabis]

I posted this legislation, awhile back, but thought it definetly may be worth repeating:

 

**

 

LIQUOR, NARCOTICS, AND WEAPONS PROHIBITED IN PRISONS (EXCERPT)

Act 17 of 1909

 

 

800.282 Persons not in violation of MCL 800.281; limitation on wine for use of clergy; applicability of MCL 800.281(3).

 

Sec. 2.

 

(1) A person is not in violation of section 1 if all of the following occur:

 

(a) A licensed physician certifies in writing that the alcoholic liquor, prescription drug, or controlled substance is necessary for the health of the prisoner or employee.

 

(b) The certificate contains the following information:

 

(i) The quantity of the alcoholic liquor, prescription drug, or controlled substance which is to be furnished to the prisoner or employee.

 

(ii) The name of the prisoner or employee.

 

(iii) The time when the alcoholic liquor, prescription drug, or controlled substance is to be furnished.

 

(iv) The reason why the alcoholic liquor, prescription drug, or controlled substance is needed.

 

© The certificate has been delivered to the chief administrator of the correctional facility to which the prisoner is assigned or at which the employee works.

 

(d) The chief administrator of the correctional facility or the designee of the chief administrator approves in advance the sale, giving, furnishing, bringing, or possession of the alcoholic liquor, prescription drug, or controlled substance.

 

(e) The sale, giving, furnishing, bringing, or possession of the alcoholic liquor, prescription drug, or controlled substance is in compliance with the certificate.

 

(2) Not more than 2 ounces of wine for the use of the clergy may be brought into or onto a correctional facility by a person of the clergy of any religious denomination for clergy purposes.

 

(3) Section 1(3) shall not apply to the bringing of alcoholic liquor, prescription drugs, or controlled substances into or onto a correctional facility for the ordinary hospital supply of the correctional facility.

 

(4) Section 1(3) shall not apply to the bringing of any alcoholic liquor, prescription drug, poison, or controlled substance into or onto a privately operated community corrections center or resident home which houses prisoners for the use of the owner, operator, or nonprisoner resident of that center or home if the owner or operator lives in the center or home, or for the use of a nonprisoner guest of the owner, operator, or nonprisoner resident.

 

 

History: 1909, Act 17, Eff. Sept. 1, 1909 ;-- CL 1915, 1828 ;-- CL 1929, 17654 ;-- CL 1948, 800.282 ;-- Am. 1977, Act 164, Imd. Eff. Nov. 10, 1977 ;-- Am. 1982, Act 343, Imd. Eff. Dec. 21, 1982

 

 

© 2009 Legislative Council, State of Michigan

 

 

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So, that MUST mean, Medicinal Cannabis is also accepted for use "inside the walls," if one's "minister," "clergy," or ... "A licensed physician certifies in writing that the alcoholic liquor, prescription drug, or controlled substance is necessary for the health of the prisoner or employee."

 

There appears to be a distinction between "public" and "private" "Correctional Fascility"' What's up with that?!

 

SHARE The CURE!

 

CURES - Without Fears

[greenbuddha]

Might qualify under a 'medical need' as well as for 'religious' purposes.

 

As I recall 'Rastafarians' have already been approved to 'observe' their faith with the use of their 'sacrament', (ganja) in Federal parks.

[Grow Thread]

ahhhh, i feel like a nickel is coming out of my arse. 2.5 x 2cents

 

it's a joke to me that once you enter the prison system, 90% of what your doctor and you have decided in the past goes down the drain. sure they will get you heart meds, or diabetic supplies, but more for serious cases, you are screwed royally.

 

got a script for a narcotic pharm drug? you lose it when you hit them bars. believe that. county or state.

contract something serious while behind bars?? it all depends on your release date as to what meds you get. could be aspirin for cancer if you getting out soon enough....... get your own help on the streets.... they aint gonna pay for proper care if they dont have to. believe that a prison doc will not prescribe you anything of medical value. period.

 

it takes a mountain of work to get vicodin legally and from the pill call window in prison. forget anything stronger unless you are bleeding from every orpheus and you have a script from an outside doctor................ and there is a threat of you dying behind bars and your family filing a lawsuit.

 

the guards get paid WAY TOO MUCH to enter cannabis into the prison population..... no way they, under their own rules and their own jurisdiction, are going to willingly allow a prison doctor to administer cannabis to a prisoner/patient................ not in my lifetime anyway.

 

religious reasons go out the door. the indians may get to start a small fire once a week, but thats about it as far as that goes.

[+RevThad]

 

 

So, that MUST mean, Medicinal Cannabis is also accepted for use "inside the walls," if one's "minister," "clergy," or ... "A licensed physician certifies in writing that the alcoholic liquor, prescription drug, or controlled substance is necessary for the health of the prisoner or employee."

 

There appears to be a distinction between "public" and "private" "Correctional Fascility"' What's up with that?!

 

SHARE The CURE!

 

CURES - Without Fears

Unfortunately, even if this law did make room for all medicines to be acceptable for inmates, our law the MMMAct specifically bans it.

 

(b) This act shall not permit any person to do any of the following:

(2) Possess marihuana, or otherwise engage in the medical use of marihuana:

© in any correctional facility.

 

One might have a better chance via the religious practices argument, and then it would probably at best get topical oils in. Native Americans are now allowed to use peyote for religious ceremonies, even active duty.

[bobandtorey]

Native Americans are now allowed to use peyote for religious ceremonies, even active duty.

this is good news but i was inn the Lawyers radio show last week when some one called in about the MMJ laws for them was not good they wont even let them grow or use MMJ on Fed land

[+RevThad]

Native Americans are now allowed to use peyote for religious ceremonies, even active duty.

this is good news but i was inn the Lawyers radio show last week when some one called in about the MMJ laws for them was not good they wont even let them grow or use MMJ on Fed land

Yep, I remember the call. Unfortunately, as you say it is Federal land and is not subject to state law.

 

However, the jails and prisons in this state (save any federal prisons) are all subject to state law, and as I noted the MMMAct prohibits the possession and any medical use of marijuana in any correctional facility.

 

I am actually slowly working on the religious use aspect of cannabis, as I have been incorporating it into my church charter, and believe that it is an integral part in anointing oil, thus making it a sacrament. There are other churches that have taken that exact position, and those churches are much larger than my own. We are setting the framework and foundation for such an argument to be made in the future. One of the churches is currently going through the courts in Hawaii for this exact issue.

[herbnurse]

Doesn't matter what your doctor put's in writing. They will not ever allow narc's in prison. They may release prisoners on hospice so they can go home and be mad comfortable but never going to let narc's or marijuana in jail.

[solabeirtan]

I personally waas thinking all prisoners should get it, to keep them calm, do some pscho-analysis etc. Now I'm thinking thats what we need to do overgrow the whole country next year, we'll put it in everything, feed it to the cows, chickens, fish? Everyone could feel as good as I do right now. (Whooooossssshhhhhh !!! ... sound of Thick Sticky Vapors rushing through the perfect little plastic kissy valve of the Standard Disposable Volcano Bag. Thats right, Im in the zone. Peace ....out n about... )

 

You're Right it Aint gonna happen, ?

[greenbuddha]

I personally waas thinking all prisoners should get it, to keep them calm, do some pscho-analysis etc. Now I'm thinking thats what we need to do overgrow the whole country next year, we'll put it in everything, feed it to the cows, chickens, fish? Everyone could feel as good as I do right now. (Whooooossssshhhhhh !!! ... sound of Thick Sticky Vapors rushing through the perfect little plastic kissy valve of the Standard Disposable Volcano Bag. Thats right, Im in the zone. Peace ....out n about... )

 

You're Right it Aint gonna happen, ?

 

But we can always have a 'wish list'.