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Holy Crap! 99 Passed The Senate ..


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http://www.legislature.mi.gov/%28S%285bjo2e55ii1jmb45jndrr0ef%29%29/mileg.aspx?page=GetObject&objectname=2011-SB-0099

 

This bill would make it possible to give a medical marijuana patient life in prison for a single batch of brownies.

 

It seem to be on a fast track.

 

It was introduced 2/1 and passed with no one voting against it on 2/15. Record time.

 

They are trying to pull a fast one on us.

 

It has now been passed on to the house. Currently it is in the house judiciary committee. That was yesterday.

 

If we don't start to make some noise on this one, innocent people will be spending the rest of their lives in prison.

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Most of it is already law. This is the current law. He just added a few synthetic drugs to the list. Marijuana was already there, so there is not change. Some one correct me if I am wrong.

 

Here is a copy of the Current law. You can read the other link and see the changes in bold.

 

333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; discharge from lifetime probation.

 

Sec. 7403.

 

(1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

 

(2) A person who violates this section as to:

 

(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), and:

 

(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

 

(ii) Which is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

 

(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

 

(iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

 

(v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

 

(b) Either of the following:

 

(i) A substance described in section 7212(1)(g) or 7214©(ii) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

 

(ii) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (b)(i), ©, or (d), or a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

 

© Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

 

(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

 

(e) A prescription form is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

 

(3) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection.

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This is all I could think of in a pinch.

 

Dear Senator

 

SB 99 will cause more harm than good. Please vote No on this bill. It will punish the legal medical marijuana patients, many who are terminally ill. Ingesting their medicine in food rather than smoking is more effective for many who are unable to smoke it, they are in severe pain and have found much relief from it. It could be someone you know, a close friend or loved one. Please consider the consequences of the decision you're making.

 

Sincerely...

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OK .. I just got a note from the Dan Riffle, Legislative Analyst for the Marijuana Policy Project.

 

Thanks2 is right. This law puts a couple of things into Michigan drug laws.

 

Since this is being fast tracked, instead of asking for the house to vote no, lets ask them to protect medables.

 

Add an amendment that will never let these standards be used to abuse patients in Michigan.

 

Specifically exempt preparations of cannabis for medical use.

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http://www.legislatu...me=2011-SB-0099

 

This bill would make it possible to give a medical marijuana patient life in prison for a single batch of brownies.

 

It seem to be on a fast track.

 

It was introduced 2/1 and passed with no one voting against it on 2/15. Record time.

 

They are trying to pull a fast one on us.

 

It has now been passed on to the house. Currently it is in the house judiciary committee. That was yesterday.

 

If we don't start to make some noise on this one, innocent people will be spending the rest of their lives in prison.

 

Not really.

 

 

 

 

 

 

(d) Marihuana, catha edulis, salvia divinorum, or a substance

 

 

 

described in section 7212(1)(h) is guilty of a misdemeanor

 

 

 

punishable by imprisonment for not more than 1 year or a fine of

 

 

 

not more than $2,000.00, or both.

 

 

Is this law targeted towards synthetic THC products and salvia extracts? That is what I am getting from it.

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If you look at the bottom of MCL 333.7214(e),

333.7214

 

it provides for Marijuana exemptions under the 1978 Act 368 (Sections 7335 and 7336) the old Medical Marijuana act.

 

 

 

This is where added protection for our current law should be inserted, replacing the expired act.

Something that could be mentioned in the letter writing campaign.

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Why are you trying to inflame people? Clearly you didn't even read the legislation yourself. Marijuana isn't a part of the life imprisonment penalty and you would know that if you would just read. Secondly the medical marijuana act supercedes anything that can come out of this regarding marijuana. Thirdly, as already posted, most of this is already law and there isn't anything being added that would impact the marijuana community in any way that doesn't already exist.

--Regards, Garth

 

I saw what I thought was a MAJOR threat to our community being fast tracked into law.

 

WHY THE HELL ARE YOU THINKING THAT I'M ONLY TRYING TO INFLAME FEARS HERE?????

 

I didn't understand what this was all about. I have been asking for help from others for a couple of weeks now.

 

The only answer I got was from the Jones folks basically saying "trust us, we wouldn't do that." Which did very little to quiet my fears.

 

I was in a panic this morning when I saw that it had already passed the Senate.

 

So take your criticism and shove it where the sun don't shine.

 

As far as not having read the thing .. screw you.

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Okay........

So you did read it then and still came to the same outlandish conclusion. I don't know that that bodes better for you...

 

As far as shoving it "where the sun don't shine"....well it doesn't shine in my grow room so will that work? (Keep in mind though that there is a lot of artifical sun there on a regular basis.) :thumbsu:

 

My failure in comprehension was that almost every word in this is already law.

 

Reading it didn't instantly lead me to understand that factoid.

 

I saw something that I thought was a massive risk to our community. If I see something like that, it is very unlikely that I won't scream about it from the highest rooftops.

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If you look at the bottom of MCL 333.7214(e),

333.7214

 

it provides for Marijuana exemptions under the 1978 Act 368 (Sections 7335 and 7336) the old Medical Marijuana act.

 

 

 

This is where added protection for our current law should be inserted, replacing the expired act.

Something that could be mentioned in the letter writing campaign.

This is all I could think of in a pinch.

 

Dear Senator

 

SB 99 will cause more harm than good. Please vote No on this bill. It will punish the legal medical marijuana patients, many who are terminally ill. Ingesting their medicine in food rather than smoking is more effective for many who are unable to smoke it, they are in severe pain and have found much relief from it. It could be someone you know, a close friend or loved one. Please consider the consequences of the decision you're making.

 

Sincerely...

Not only medibles but, any mixture containing Cannabis.

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You need to write or contact very politely your State Representative's and the Governors Office in case a veto can get reconsideration as a last resort . It wouldn't hurt to make your polite well thought out feelings known to your State Senator that voted SB99 in .

 

To reach officials search the Michigan.gov site if your having a difficult time to find your district and officials .

 

Explain the weight mixed limits would make medibles impossible for patients to use triggering multiple felonies and denying the protections of the MMMAct to them .as well as , force case after case into court under the AD clogging up the Court system .

 

A letter or call thanking Bert Johnson D Highland Park might not hurt either as he was the lone Senator who considered patients voting undecided . On the surface that may not seem as brave as a NO but in Political reality it was commendable and honest .

Edited by Croppled1
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http://www.legislature.mi.gov/%28S%285bjo2e55ii1jmb45jndrr0ef%29%29/mileg.aspx?page=GetObject&objectname=2011-SB-0099

 

This bill would make it possible to give a medical marijuana patient life in prison for a single batch of brownies.

 

It seem to be on a fast track.

 

It was introduced 2/1 and passed with no one voting against it on 2/15. Record time.

 

They are trying to pull a fast one on us.

 

It has now been passed on to the house. Currently it is in the house judiciary committee. That was yesterday.

 

If we don't start to make some noise on this one, innocent people will be spending the rest of their lives in prison.

Who are the reps for wayne COunty..?

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Though not a member I have read these forums since their inception and I recall a similar situation last summer when you posted something saying that the feds had rescheduled marijuana. That was another of your mis-readings...

 

But all that aside you need to realize that just because your blood pressure is up because you think something is awry doesn't mean you should hastily post things on here and do your fact-checking later. Understand, if you will, that the rest of us warm-blooded creatures also are suseptible to high BP and reading erroneous postings does nothing but spike our BPs as well. So while your posting may have calmed your nerves it rattled ours--until the actual state of things became clear that is...

 

And I've been asking for a clear picture of this proposal for weeks. I asked Michael to look at it for me.

 

I did my best to set on my tongue pretty well all of that time. Then I find out it has already passed.

 

The medable issue in general is one that has been on a slow cook for me for two years now. I believe the issue is settled in section eight of our law under "reasonable amounts." Someone here has pointed out that other sections may provide protections also.

 

I really am sorry for hitting on the bp for folks. My panic produced a response from Washington DC .. So I know I simply must tone down the panics ..

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Who are the reps for wayne COunty..?

 

http://www.house.mi.gov/find_a_rep.asp

 

http://www.michigan....ate_16750_7.pdf

 

Don't forget the Governor who can veto and create a reconsideration vote .

 

I hope this is on the Norml line I couldn't handle all the email and am not receiving any of theirs but Rev. Thompsons posts .

Edited by Croppled1
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Most of it is already law. This is the current law. He just added a few synthetic drugs to the list. Marijuana was already there, so there is not change. Some one correct me if I am wrong.

 

Here is a copy of the Current law. You can read the other link and see the changes in bold.

 

333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; discharge from lifetime probation.

 

Sec. 7403.

 

(1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

 

(2) A person who violates this section as to:

 

(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), and:

 

(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

 

(ii) Which is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

 

(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

 

(iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

 

(v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

 

(b) Either of the following:

 

(i) A substance described in section 7212(1)(g) or 7214©(ii) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

 

(ii) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (b)(i), ©, or (d), or a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

 

© Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

 

(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

 

(e) A prescription form is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

 

(3) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection.

 

 

correct me if I am wrong but they count a mixture as total weight towards your 2.5 ounces that is where the rub is ( 3 grams of cannabis + 1 pound of muffin mix = 31.6 grams of cannabis not counting moisture added ) . Before this only the Federal Standards did this if not it should of at least been corrected for qualifying patient's so their was no confusion as part of this rewriting due to conflict restricting medibles being used by them now with weight limits ? As written they would trigger a AD defense and court appearance it appears . Once any part of the Act is violated they are denying any and all protections in most situations without discretion triggering multiple felonies that way and courts do not allow mentioning one is a qualfiied patient . . In all honesty I feel they should of removed marihuana from this bill and the zero tolerance bill as other States have done in similar situations . It still would of been illegal for non qualfied patients under other statutes with reasonable penalties subject to weight arguements or they can define that in much clearer terms .

Edited by Croppled1
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This is all I could think of in a pinch.

 

Dear Senator

 

SB 99 will cause more harm than good. Please vote No on this bill. It will punish the legal medical marijuana patients, many who are terminally ill. Ingesting their medicine in food rather than smoking is more effective for many who are unable to smoke it, they are in severe pain and have found much relief from it. It could be someone you know, a close friend or loved one. Please consider the consequences of the decision you're making.

 

Sincerely...

 

Nice letter, Silver.

 

Short, sweet and to the point.

 

Covered all the bases. Love it!

 

The only thing I might have added was the fact that there are over thirty thousand MMJ card holders... and they ALL VOTE!

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correct me if I am wrong but they count a mixture as total weight towards your 2.5 ounces that is where the rub is ( 3 grams of cannabis + 1 pound of muffin mix = 31.6 grams of cannabis not counting moisture added ) . Before this only the Federal Standards did this if not it should of at least been corrected for qualifying patient's so their was no confusion as part of this rewriting due to conflict restricting medibles being used by them now with weight limits ? As written they would trigger a AD defense and court appearance it appears . Once any part of the Act is violated they are denying any and all protections in most situations without discretion triggering multiple felonies that way and courts do not allow mentioning one is a qualfiied patient . . In all honesty they should of removed marihuana from this bill and the zero tolerance bill as other States have done in similar situations .

 

ummm .. your math is a little off.

 

One pound is 454 grams. If you look at a box of brownie mix, most will weigh more than one pound. Add one egg and a half cup oil and you hit the 1000 mark very quickly.

 

I'll make a stab at making lemonade from my lemons of this morning.

 

How about we try to get a amendment to this bill to protect medables in Michigan. One single item.

 

This bill is a fast track item. Would it be possible?

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Realize, if you will, that whether part of the legislation was already law and there were simply amendments added doesn't change the fact that nothing in the existing law or proposed amendments would criminalize marijuana to the extent that life in prison could result. No matter how you look at it there was nothing in there that penalized marijuana possession to that extent. The only way you could have jumped to that conclusion was to read the first few sentences that pertained to some, but not all, schedule 1 drugs. If you read ANY further you would see that marijuana was specifically and clearly exempted from that life penalty.

 

Scream about it all you want but the point is that if you cry wolf enough people are going to perceive you as a clown.

 

Though not a member I have read these forums since their inception and I recall a similar situation last summer when you posted something saying that the feds had rescheduled marijuana. That was another of your mis-readings...

 

But all that aside you need to realize that just because your blood pressure is up because you think something is awry doesn't mean you should hastily post things on here and do your fact-checking later. Understand, if you will, that the rest of us warm-blooded creatures also are suseptible to high BP and reading erroneous postings does nothing but spike our BPs as well. So while your posting may have calmed your nerves it rattled ours--until the actual state of things became clear that is...

 

But anyway, take a drag off something and chill out.

 

Best to you,

-G

 

Best post EVER. :goodjob:

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