Class-Action Lawsuit Against Mdch?

[rafaeltoral]

I think it is high time that the MDCH be sued. Would a class action law suit be appropriate? How feasible is such an endeavor?

[DreamWarrior67]

I agree, the state is putting people at risk for harasment, arrest, the ability to get peds. lets face it if some one got a denial letter are they really going to tell you. NO! something needs to be done for the safty of all. I don't feel safe helping people out that don't have there hard plastic card. and that is not right! Why can califorina print cards on the spot and we have to wait 6 months. this is wrong and sure seem to be screaming violation.

we need to hit them where it hurts in the wallet. then things will matter.

Dream

[+Silverblue]

I hope a lawyer will answer this. They are supposed to issue cards in a timely manner, BUT, they're understaffed and haven't got enough equipment to process the cards any faster. They do some background checking before approving an app, don't they? That takes time, too. Considering how many apps they get daily, it's amazing anyone gets a card within 6 months, but they're sure quick to cash the checks! Nobody expected the huge volume of applications they got. That dept. doesn't wanna handle this, they're dragging their feet, should, in my opinion, be able to use the revenue from the app fees for staff and printers, but it's not working out that way, of course. If they're a gov'mnt run agency, it'll be hard to sue them. This is just my opinion- I'd really like to be wrong on this one. It'd have to be a HUGE class action for us to have any chance of winning, and a very good lawyer. All the people are asking for is that the cards be sent out on time, it'd prevent a LOT of trouble because LEO don't wanna recognize the paperwork as proof of being a legal applicant. There's a practical way of fixing that, too. It's not an unreasonable request to expect people to do their jobs properly. Other states are more efficient, why can't we learn from them? Whether or not they agree with it, they're doing a better job.

 

Sb

[Iceman081]

I hope a lawyer will answer this. They are supposed to issue cards in a timely manner, BUT, they're understaffed and haven't got enough equipment to process the cards any faster. They do some background checking before approving an app, don't they? That takes time, too. Considering how many apps they get daily, it's amazing anyone gets a card within 6 months, but they're sure quick to cash the checks! Nobody expected the huge volume of applications they got. That dept. doesn't wanna handle this, they're dragging their feet, should, in my opinion, be able to use the revenue from the app fees for staff and printers, but it's not working out that way, of course. If they're a gov'mnt run agency, it'll be hard to sue them. This is just my opinion- I'd really like to be wrong on this one. It'd have to be a HUGE class action for us to have any chance of winning, and a very good lawyer. All the people are asking for is that the cards be sent out on time, it'd prevent a LOT of trouble because LEO don't wanna recognize the paperwork as proof of being a legal applicant. There's a practical way of fixing that, too. It's not an unreasonable request to expect people to do their jobs properly. Other states are more efficient, why can't we learn from them? Whether or not they agree with it, they're doing a better job.

 

Sb

 

 

Hell why just the MDCH? why not the whole state? Seems like are new AG is more interested in setting his political agenda then represeting the people of this state in legal issues!!!!! He wants the supreme court to rehear cases now that he has a fellow GOP in the court now. He's wasting are tax money on political agendas instead of doing his real job!!!!!! Upholding the laws of the State of Michigan and protecting are rights!!!!! I do believe that as each day goes by this poor excuse for an Attorney General is breaking his oath of office.

 

Recalls and lawsuits will be the only way for us the peoples voices to be heard loud and clear!!!!!

[+JuztBudz]

I am not sure if a class action suit is the answer, would have to discuss this with a lawyer. There are other issues that are constants with the MDCH also. We need to goad them into start empanelling the group that is supposed to be looking into the addition of new ailments to our list. This should have been brought to the table immediately, instead they are dragging their feet on this issue also. I am going to see a great lawyer in the next couple of days and will ask the pertinent questions of him. I know that Michael Komorn is involved with the MMMA, how come there are no answers coming from the top of the food chain here? I'm sure that if a lawyer were to tell us what needs to be done, that we could find a way to "get 'er done"...Peace...j.b.

[+Silverblue]

JB and everyone, Remember we are in a war here and we don't wanna put everything out there in the public for our opponents to see. They're prob'ly watching so we should be extremely careful. I hope we can find enough allies to help us, no group can do it alone. I tried writing to ASA and all I got was a form letter, the same letter they sent me that gets sent to other people. I told them things aren't so great over here, while they were claiming victory in CA that they defeated the AG running for office. It would've been nice to have a real response from them. Should I try again? I hate war. Too many play dirty, they know they couldn't win in a fair fight, that's the whole stinkin' truth of it. PLAY FAIR! LISTEN TO US, we're NOT being unreasonable. So much has gone wrong within our community. If only certain things didn't happen, our lives would be better. People are pushing the law outside its bounds, it's hurting EVERYONE. Life is unbearable enough . People must take responsibility for their actions- on BOTH sides. WORK TOGETHER, don't give them any more to use against us. UNITED WE STAND. I'm so tired of saying all this so I hope someone's listening. I'm tired of fighting. 'BIG YAWN'. The damage is done, I hope we can live with whatever comes next. We can't go back.

 

Sincerely, Sb

[Wayne'sWorld]

Unfortunately BB you are so right. One person can accomplish only so much before exhaustion and reality set in. There are and will continue to be a core group of commited activists doing everything possible to protect our new found rights. Without the active participation and financial support of every one who has a stake we are lost. The opposition has every advantage and we need every resource. With the exception of the Michigan ACLU I feel I have no effectual means to utilize my donations to protect my interest as a patient/caregiver without supporting views I believe threaten my rights and access to MM.

Who leads this fight and what other organizations are working in concert with them, not on some special interest aspect like dispensaries? Have we a coalition led by whoever and whatever the leading MM organization may be?

MMMA? CPU? MACC? MINORML? Other? Just where are we all going, and are we going there together? Who shall I follow? Who shall I support?

Provide me answer that makes sense. Not a sales pitch.

[phaquetoo]

follow me wayne be vewy vewy quite, were huntin wabbits!

 

FTW

Peace

Jim

[bobandtorey]

This is about the rights of a free people to vote and to have that vote count.

this will be the only way we will win i have said be for this is not abut MMJ we won the battle this is about are Rights

their have been more Raids in Lansing that have not made the papers Yet

[+Silverblue]

This is OUR country, EVERYONE'S, not just theirs, not just ours. We all share it. The battle for states' rights was fought some time ago, I don't recall the date. Each state is like being a separate country. Maybe we should've been the United Countries of America. I looked up "sovereign" to see what the dictionary says. One of the words in a thesaurus says it means "authority." So that means we have authority over ourselves. We are actually the United Sovereign Nations of America. Now states' rights is being battled again. This is Living History, but remember who writes the history books. We fight the wars, they get all the glory. It's hard to reason with an unreasonable person who won't listen. This is Living History, let's live to see it be written for The People.

 

Sb

[Wayne'sWorld]

Voters rights absolutely. States rights? Remember your Civil War history? Wanna give 'em back to South Carolina? Sure would have changed things at last years Confederate celebrations held around that state. Therein lies the problem with this argument.

[GregS]

I am not sure if a class action suit is the answer, would have to discuss this with a lawyer. There are other issues that are constants with the MDCH also. We need to goad them into start empanelling the group that is supposed to be looking into the addition of new ailments to our list. This should have been brought to the table immediately, instead they are dragging their feet on this issue also. I am going to see a great lawyer in the next couple of days and will ask the pertinent questions of him. I know that Michael Komorn is involved with the MMMA, how come there are no answers coming from the top of the food chain here? I'm sure that if a lawyer were to tell us what needs to be done, that we could find a way to "get 'er done"...Peace...j.b.

 

I think it might be time to find out about class action. It has been long enough. Please let us know how your conversation works out.

 

Keep in mind that there will be no monetary damages available. We can at best get a court injunction that requires the state to perform its responsibility. Enforcing it can prove a problem because Scheutte would have no interest in doing his required part to direct LEO in their enforcement. It is his job to represent the People when an agency breaks the law by engaging in noncompliance with their assigned statutory duty. The guy will continue to stand in our way, but it is necessary to get the arguments on record. Sooner or later we will be rid of him, and maybe have him replaced by someone who respects the law more than his, in this case illegal, ideology.

[mizerman]

I think it might be time to find out about class action. It has been long enough. Please let us know how your conversation works out.

 

Keep in mind that there will be no monetary damages available. We can at best get a court injunction that requires the state to perform its responsibility. Enforcing it can prove a problem because Scheutte would have no interest in doing his required part to direct LEO in their enforcement. It is his job to represent the People when an agency breaks the law by engaging in noncompliance with their assigned statutory duty. The guy will continue to stand in our way, but it is necessary to get the arguments on record. Sooner or later we will be rid of him, and maybe have him replaced by someone who respects the law more than his, in this case illegal, ideology.

I have been banging this drum since the summer of 2009. There is no justifiable reason why we don't get our actual cards in our hands within 20 days!

 

The actual card itself is seemingly easily duplicated on the Oakland County Sheriff Department's computers. Maybe we should ask them to help out in making the cards so patients and caregivers could get them within that 20 day time frame? LMAO! Yeah, right...like that's going to happen. But, it is always fun to ask!

 

In all seriousness, our cards need to be just like a driver's license (with or without a picture) that has a bar code on the back that could be scanned, and/or a toll free number to verify the card 24 hours a day.

 

IF, and when, a class action lawsuit does take place my wife and I would LOVE to be a part of it.

 

Bottom line: There is no reason why any of us should be waiting longer on our cards from MDCH than what a person waits on their driver's licenses in the mail.

 

 

Mizerman

p.s. tonight is the Planet Green Trees Webcast and I hope everyone tunes in

[Clear and Unambiguous]

Michael gave the 3MA thousands of dollars last year and never asked me for anything. He took complex cases pro bono and worked his heart out for this movement, including a huge recent win that clarified the weights and measures portion of our law. Michael doesn't spend his life talking about how much he's given. He is a class act. It is sad a person that has given so much is questioned as to why he hasn't done more. The 3MA has been under an incredible work load. We have been working 50-60 hours per week. I am a patient. Michael is a Patient. How many more hours can we be expected to work. It is a good thing that you are going to talk to a lawyer. We all appreciate all the help we can get. Thanks, joe

 

darn right.

[welj31]

Hope this helps

 

link http://www.safeaccessnow.org/section.php?id=201

 

 

 

 

ASA Forces Change to CHP Policy on Medical Marijuana Seizure

 

CHP Policy Provides Greater Protection for Patients and Is Instructive for All CA Law Enforcement

 

 

Victorious co-plaintiffs Mary Jane Winters (l) and Tiffany Simpson ® in ASA's lawsuit against the CHP (Photo by Fred Gardner)

Background

On February 15, 2005, Americans for Safe Access (ASA) filed a group lawsuit against the California Highway Patrol (CHP) on behalf of six medical marijuana patients and caregivers. The lawsuit seeks a formal change in the CHP's policy regarding medical marijuana patients. The CHP is by far the worst violator of the Compassionate Use Act and SB 420 with its policy of mandatory confiscation of medicine. More than one-quarter of all patient arrests and seizures in California reported to ASA are from CHP encounters.

 

In order to quicken the pace of the lawsuit and put greater pressure on the CHP to change its unlawful policy, ASA filed a preliminary injunction on July 13, 2005.

 

Victory!

As a result of ASA's lawsuit, the CHP adopted a new policy regarding patient and caregiver encounters on August 22, 2005. This new policy discourages CHP officers from confiscating medicine from patients and caregivers, and provides officers with instructions on how to verify valid medical marijuana documentation.

 

A two-page memo issued to all CHP Command Centers on the same day clearly defines for CHP personnel what the new policy means, including this example scenario of a medical marijuana traffic stop:

 

An officer initiates an enforcement contact on a vehicle at 0200 hours for a mechanical violation and observers (sic) a small baggie of what appears to be marijuana sitting on the seat next to the driver. The driver claims 11352.7 (sic) H&S and presents a note from a physician recommending medical marijuana. The officer should contact the local communication/dispatch center to attempt to verify the validity of the claim. If the claim is valid, and the individual is within the state/local limit, no enforcement action should be initiated regarding the medical marijuana.

Read this August 28, 2005 Los Angeles Times story on the CHP policy change.

Read the press release issued by ASA on August 28, 2005.

 

ASA then settled its lawsuit on October 6, 2006, and obtained a "consent decree" signed by the CHP, the Governor, and Attorney General of California, to be upheld for at least 4 years. In addition, ASA was awarded $75,000 in attorneys fees to cover the cost of litigation.

 

Read the "consent decree" obtained by ASA on October 6, 2006.

Read the press release issued by ASA on October 19, 2006.

 

What the CHP Policy Change Means for Patients and Caregivers

CHP Officers are instructed to honor government-issued medical marijuana ID cards and doctor's recommendations that they can verify. Keep these documents on you whenever you've got your medicine. Caregivers should also have a copy of their caregiver's agreement.

If officers find pay/owe sheets, large amounts of mj, packaging for sale, or large amounts of cash, they can decide it's non-medical, and may confiscate your medicine and arrest you. It is safest to stay within the state or local guidelines.

If you encounter a CHP officer that does not acknowledge your patient recommendation or state-issued ID card, you can file a Citizen's Complaint Form with the CHP.

 

What the CHP Policy Change Means for Medical Marijuana in California

Significant reduction or elimination of unlawful medicine confiscation from patients and caregivers by CHP;

Significant reduction or elimination of unlawful arrests of patients and caregivers by CHP;

Education for all CHP officers on how to handle medical marijuana patient encounters;

Established protocol that can be used by ALL California law enforcement (not just CHP) when encountering medical marijuana patients and caregivers;

The will of the people of California has been officially recognized;

State law and the constitutional protection of patients and caregivers has been reaffirmed and strengthened.

Summary of CHP Lawsuit

It has been more than eight years since the passage of the Compassionate Use Act (CUA) in 1996, where California voters approved the use of marijuana for medical purposes. Since then, the California legislature has enacted law (SB 420) clarifying the CUA and explicitly allowing for transportation of marijuana by qualified patients and caregivers.

 

Unfortunately, local law enforcement in California has exhibited ongoing resistance to enforcing state law, despite the enactment of both the CUA and SB 420. While this inappropriate conduct by law enforcement occurs in the vast majority of California's 58 counties, the worst offender is the California Highway Patrol (ASA reports seizures or arrests in 48 out of 58 counties, or 83%). The official CHP policy states that, "[e]ven if a Section 11362.5 H&S claim is alleged, all marijuana shall be confiscated and booked as evidence according to HPM 70.1." (CHP General Law Enforcement Policy Manual, Chapter 1, Section 6©(4)(e))

 

As a result, numerous medical marijuana patients who are stopped by the CHP for minor traffic offenses have their medicine confiscated by the police as an added punishment. In most cases, when valid documentation is shown to officers, patients are forced to put up with responses such as "we don't recognize Proposition 215" or "possession of marijuana is still illegal."

 

Americans for Safe Access (ASA) filed a group lawsuit on behalf of six such patients in state court in Oakland, California on February 15, 2005. The lawsuit seeks to challenge the CHP's policy and force it to amend that policy so that it is in compliance with state law and not seize the medicine of patients. It does not address monetary compensation (damages) that may be available to a number of plaintiffs, but simply seeks injunctive relief (policy changes) and declaratory relief.

 

The CHP's policy of disregarding the CUA not only violates California law, but both the federal and state constitutions. The Fourth Amendment to the U.S. Constitution and Article I of the California Constitution both protect against unreasonable searches and seizures. They require that, at a minimum, police have probable cause to believe that a crime has been committed before subjecting people to search and seizure. In determining whether probable cause exists, the officer must take into account all of the surrounding facts and circumstances, including documentation indicating one's status as a qualified medical marijuana patient (People v. Mower (2002) 28 Cal.4th 457). The CHP's policy clearly runs afoul of these well-established constitutional principles by requiring the seizure of medical marijuana in all cases.

 

A clear example of this egregious behavior by CHP can be found in the story of one of the plaintiffs. Mary Jane Winters, a registered nurse who uses marijuana to treat chronic pain stemming from three herniated discs in her spine, was pulled over by the CHP on Thanksgiving Day, 2004 while on her way to deliver flowers to a homeless shelter. The officer seized her two ounces of marijuana, despite being presented with a physician's recommendation to use marijuana medicinally. There was no reason to believe, much less probable cause to believe, that Ms. Winters was not in compliance with California law. The same can be said of the remainder of the class to be represented by ASA – all are qualified medical marijuana patients who possessed very small amounts of marijuana, which they legally entitled to possess and transport under California law.

[welj31]

Another one

 

 

Pot growers file class-action lawsuit against Tehama County

Tuesday, Jun 8 2010, 8:29 pm

By Julie R. Johnson/Tri-County Newspapers

If there is power in numbers, area pot growers have filed a powerful lawsuit against Tehama County.

 

The lawsuit was filed recently by local medical marijuana patients against Tehama County's marijuana cultivation ordinance, which regulates where and how much marijuana a patient or caregiver can grow in the county.

 

The plaintiffs claim that the ordinance makes it impossible for them to legally exercise their Proposition 215 right to cultivate medical marijuana for themselves, according to a statement released by the law firm of E.D. Lerman and J. David Nick, which filed the suit in Tehama County Superior Court.

 

The exact number of plaintiffs was not known immediately. However, hundreds of people signed up to be part of the lawsuit at a informational meeting held by the law firm in April.

 

Financially supported by California NORML, a pro-medical marijuana group dedicated to reforming California's marijuana laws, the lawsuit asks to strike down the county ordinance.

 

At the April meeting, Lerman told the group to expect a "long haul," and she anticipates that whichever way the lawsuit is settled - for the plaintiffs or for the county - it will be appealed and could possibly go as far as the Supreme Court.

 

The attorney also told the group to start raising money to cover some of the cost the lawsuit will incur.

 

"They can't take everyone's rights away," Lerman said. "California law states (medicinal marijuana) patients can have whatever they need for themselves and for collectives."

 

Tehama County Supervisor Bob Williams, who introduced the ordinance, said he had anticipated something like this taking place.

 

"They threatened this all along, through the whole process. I stand by the ordinance and what it means to the county. Other than that, because of the litigation, I can't say much," Williams said.

 

"I am all about this. They aren't taking my rights away," medical marijuana patient Kenny Kunselman of Rancho Tehama, said.

 

According to Kathy Prather, co-owner/operator of Tehama Herbal Collective, a medical marijuana shop in Corning, there are more than 3,600 people in the county who hold recommendations for medicinal marijuana.

 

The Tehama ordinance declares it a public nuisance to grow marijuana anywhere within 1,000 feet of a school, school bus stop, church, park, or youth-oriented facility.

 

It also states no more than 12 mature or 24 immature marijuana plants can be grown in an area 20 acres or less, and if both mature and immature plants are growing there shall be no more than 24 total; in an area greater than 20 but less than 160 acres no more than 30 mature and 60 immature plants, with no more than 60 total at one time; and in an area 160 acres or greater no more than 99 plants, whether mature or immature.

 

The ordinance requires outdoor gardens be surrounded by an opaque fence at least six feet high and located 100 feet or more from the property boundaries; and requires every patient garden to be registered with the county health services agency.

 

In another lawsuit filed by Lerman and Nick, Mendocino County medical marijuana patients are challenging an ordinance that limits patient cultivation to 25 plants per parcel, regardless of the number of patients. The ordinance was recently amended to let collectives apply for licenses for larger gardens of up to 99 plants under certain conditions.

[bobandtorey]

That is all good for them but when is the ASA coming here to help us out am just asking

[+JuztBudz]

Thank you SB, you've given me another point of view, a fresh perspective into this. I certainly wasn't derideing all that Michael and the MMMA have done for this community. I've been hearing the words "grey area" for so long that my stomach turns every time it comes up...we need clarity, but have no recourse. So, I'll just keep mum on certain subjects. I won't be playing the political games any more, they are dirty to start with, get dirtier as they progress. I'm simply out of gas for this type of b.s....and so it goes...Peace...j.b.

 

JB and everyone, Remember we are in a war here and we don't wanna put everything out there in the public for our opponents to see. They're prob'ly watching so we should be extremely careful. I hope we can find enough allies to help us, no group can do it alone. I tried writing to ASA and all I got was a form letter, the same letter they sent me that gets sent to other people. I told them things aren't so great over here, while they were claiming victory in CA that they defeated the AG running for office. It would've been nice to have a real response from them. Should I try again? I hate war. Too many play dirty, they know they couldn't win in a fair fight, that's the whole stinkin' truth of it. PLAY FAIR! LISTEN TO US, we're NOT being unreasonable. So much has gone wrong within our community. If only certain things didn't happen, our lives would be better. People are pushing the law outside its bounds, it's hurting EVERYONE. Life is unbearable enough . People must take responsibility for their actions- on BOTH sides. WORK TOGETHER, don't give them any more to use against us. UNITED WE STAND. I'm so tired of saying all this so I hope someone's listening. I'm tired of fighting. 'BIG YAWN'. The damage is done, I hope we can live with whatever comes next. We can't go back.

 

Sincerely, Sb

[+JuztBudz]

Yes, the group ASA had no problem cashing my contributions to them over the years. Are they only for reform in California, or are they going to represent the good people of Michigan. We do support them, how about a bit of reciprocation?...Peace j.b.

[lawyercaregiver]

I don't recall from the administrative procedures act but I think any concerned citizen who has an interest or has been harmed can sue an administrative agency for failure to act.

 

To set up such a case we need an ORGANIZED EFFORT to demand what is required under the law.

 

For example, regulations on adding new conditions, appointing a commission to study such issues, setting standards for dispensaries and other grey areas in the law are REQUIRED to be resolved by MDCH.

 

So, after MDCH is put on notice, say for example by the Michigan Medical Marijuana Association, the Michigan Association of Compassion Clinics, or whatever via mail and then an unreasonable amount of time has passed (making the administrative inaction 'arbitrary and capricious') THEN the organization(s) sue for injunctive relief.

 

I am sure some doctors have demanded action from MDCH (I know for a fact Dr. Bob has!!) and the failure to act in a reasonable amount of time is sufficient to file suit.

 

As for the A.G. and suing the State, etc. Please choose your battles wisely. Sun Tzu said:

 

"To fight and win 100 battles is not the height of skill. To subdue your enemy without fighting is the height of skill."

[+420Atheist]

To steal a phrase from a great American President. "Ask not what the MMMA can do for you. . . Ask what you can do for the MMMA."

 

I work 40 to 50 hours a week and still manage to do things here and there when called on. I'm happy that I can help and be involved.

 

To answer the OP I don't know that a class action suite is possible. However if you have been arrested because you did not have a card but did have paperwork over 21 days you may have a case if you can prove damages. If anyone reading this goes to their lawyer and finds they can sue please ask for millions of dollars in punitive damages to send a message to MDCH that they need to fix this problem.

[+Silverblue]

Don't count on ASA's help.

 

Sb

[bobandtorey]

Don't count on ASA's help.

 

Sb

 

Hello Sb

the ASA had a protest just last mouth i was their inn Lansing and i can tell you it was cold cold cold outside that was the same day Big Daddy's

 

got Raided