Mdch Removed By Executive Order

[welj31]

The MDCH has been removed from the Michigan Medical Marijuana Act by executive order. In his zeal to streamline government Snyder has transferred all powers from DCH to a newly-created Department of Licensing and Regulatory Affairs.

 

 

http://www.michigan.gov/documents/snyder/2011-4_346311_7.pdf

 

 

 

2. Any authority, powers, duties, functions and responsibilities of the Bureau

of Health Professions of the Department of Community Health under the Michigan

Medical Marihuana Act, Initiated law 1 of 2008, MCl 333.26421 to 333.26430, are

transferred from the Department of Community Health to the Department of Licensing and Regulatory Affairs.

[Jipo]

So what happens to all the bunny muffin in limbo? Do we mail everything somewhere else now? Is this an attempt to screw things up farther or actually see if they can get them out in timely order?

[welj31]

Legal Eagles??

[CedarSpringsCG]

that is some scary stuff, making basically 3-4 super departments in the government. Maybe its his way of making smaller government?

 

Well, it will be interesting to see if the new "licensing" department can get a license out in less than 4 months after reorganizing...

[Guest knucklehead bob]

So what happens to all the bunny muffin in limbo? Do we mail everything somewhere else now? Is this an attempt to screw things up farther or actually see if they can get them out in timely order?

 

When was the last time "OUR GOVERNMENT" tried to help us ?

[welj31]

BTW I did not find this on my own a friend found it Thanks

[CedarSpringsCG]

So what happens to all the bunny muffin in limbo? Do we mail everything somewhere else now? Is this an attempt to screw things up farther or actually see if they can get them out in timely order?

I would read this as everything in limbo goes to the new department. I mean the money they collected goes there. And this doesn't take effect for 60 days anyway. But legally once they cashed your check, they have to issue a cardI would be a little worried about sending in an app about 45 days from now when the transfer will actually start to take place.

 

Anyone think this is Snyder's way of getting the MDCH out of the way so he can get direct access to PT's medical records? Or maybe not him but allow police to get access to the records?

[semicaregiver]

This topic was posted last week...

 

http://michiganmedicalmarijuana.org/topic/29155-joe-you-might-have-missed-this-one-also/page__p__271881__fromsearch__1#entry271881

[Royal Smoke]

I think it's a nice way for them to loot our funds in the form of fees we pay for our mm cards...

 

Not that they're not now, but this change makes it easier and less noticeable.

[welj31]

Thanks for posting this info.

I do what I can

[+mayorherb]

I would read this as everything in limbo goes to the new department. I mean the money they collected goes there. And this doesn't take effect for 60 days anyway. But legally once they cashed your check, they have to issue a cardI would be a little worried about sending in an app about 45 days from now when the transfer will actually start to take place.

 

Anyone think this is Snyder's way of getting the MDCH out of the way so he can get direct access to PT's medical records? Or maybe not him but allow police to get access to the records?

i think it is away to get our records.

[+wolfgang]

wow !!so much coming under attack it's hard to keep up,thanks to all that are going to show up in Lansing tomorrow,God speed.

[Mememe]

This is the government violating our law and the Constitution of the State of Michigan. Tyranny at it's finest. I hope you folks join me tomorrow in letting our presence be known. In senate chambers at the capitol building at 10:00AM. Thanks, Joe

 

Would you mind explaining further please? The first couple statements appear to show how he has the power to do this.

[welj31]

Maybe Mike K could jump in here and explain "quo warranto" A term I read somewhere. Thanks

[semicaregiver]

What was posted here is the link to the actual executive order, not a thread about where someone heard it may happen..big difference. Thanks for the post John.

 

 

Thanks for the correction. I think you will find that Peanutbutter posted the document link last week (see the 22nd comment in the thread.

 

The reality is Snyder can do this if he wants and our recourse is the Michigan State Supreme Court with its newly elected Republican majority.

[greenbuddha]

The MDCH has been removed from the Michigan Medical Marijuana Act by executive order. In his zeal to streamline government Snyder has transferred all powers from DCH to a newly-created Department of Licensing and Regulatory Affairs.

 

 

http://www.michigan....-4_346311_7.pdf

 

 

 

2. Any authority, powers, duties, functions and responsibilities of the Bureau

of Health Professions of the Department of Community Health under the Michigan

Medical Marihuana Act, Initiated law 1 of 2008, MCl 333.26421 to 333.26430, are

transferred from the Department of Community Health to the Department of Licensing and Regulatory Affairs.

 

Welj,

 

Unless I am misreading the 'notification' it appears that only the 'Bureau of Professional Licensing' is being moved OUT of the MDCH and into the Licensing and Regulatory Affairs.

 

The MDCH is still a 'self standing', independent agency.

 

But it could be very good news for those card holders that are 'licensed professionals', because NOW the MDCH will NOT be the agency overseeing their 'licenses'.

 

This puts a 'professional's' license one step further from the MDCH being able to 'look' them up and cause difficulties.

 

At least that's the way I read it.

[imiubu]

They moved it to treasury in Colorado.

 

Sneaky

[welj31]

Sneaky Snyder

[welj31]

http://www.scribd.com/doc/14669969/Michigan-Quo-Warranto-Petition-

 

Again from a friend Thanks

[welj31]

"Quo warranto"

A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged.

 

In old English practice, the writ of quo warranto—an order issued by authority of the king—was one of the most ancient and important writs. It has not, however, been used for centuries, since the procedure and effect of the judgment were so impractical.

 

Currently the former procedure has been replaced by an information in the nature of a quo warranto, an extraordinary remedy by which a prosecuting attorney, who represents the public at large, challenges someone who has usurped a public office or someone who, through abuse or neglect, has forfeited an office to which she was entitled. In spite of the fact that the remedy of quo warranto is pursued by a prosecuting attorney in a majority of jurisdictions, it is ordinarily regarded as a civil rather than criminal action. Quo warranto is often the only proper legal remedy; however, the legislature can enact legislation or provide other forms of relief.

 

Statutes describing quo warranto usually indicate where it is appropriate. Ordinarily it is proper to try the issue of whether a public office or authority is being abused. For example, it might be used to challenge the Unauthorized Practice of a profession, such as law or medicine. In such situations, the challenge is an assertion that the defendant is not qualified to hold the position she claims—a medical doctor, for example.

 

In some quo warranto proceedings, the issue is whether the defendant is entitled to hold the office he claims, or to exercise the authority he presumes to have from the government. In addition, proceedings have challenged the right to the position of county commissioner, treasurer, school board member, district attorney, judge, or tax commissioner. In certain jurisdictions, quo warranto is a proper proceeding to challenge individuals who are acting as officers or directors of business corporations.

 

A prosecuting attorney ordinarily commences quo warranto proceedings; however, a statute may authorize a private person to do so without the consent of the prosecutor. Unless otherwise provided by statute, a court permits the filing of an information in the nature of quo warranto after an exercise of sound discretion, since quo warranto is an extraordinary exercise of power and is not to be invoked lightly. Quo warranto is not a right available merely because the appropriate legal documents are filed. Valid reason must be indicated to justify governmental interference with the individual holding the challenged office, privilege, or license.

 

Thanks

[imiubu]

http://www.scribd.co...ranto-Petition-

 

Again from a friend Thanks

 

I wish I understood 'legalese'. It gets so

confusing. I think have the gist of it though.

Thanks

 

Thanks also AK for the explanation of the

"quo warranto".

[peanutbutter]

The MMMA contains criminal penalties for actions committed by employees of the MDCH.

 

Does that criminal law change because of this order? It could become very difficult to get any criminal conviction that is based on the order of the Governor.

 

Before it is direct law. What about after? Will the new department have laws written specifically for them that can be enforced?

 

Will the new department be able to hand patient and caregiver records to the DEA without a court order?

 

The department that is supposed to take over has a sign on the wall about not issuing anything to do with mmj. Will that include ID cards?

[garyfisher]

Is this good or bad news? I'm about to mail in my renewal. Should I continue to do this?

[Timmahh]

our records are protected by the HIPPA Laws. which is federal on Medical Privacy. so they can do pretty much what they want in the new dept as the new Dept will be the main departmental body, ruling all the sub depts like ecomonic growth, jobs, MMJ act as well as the MDCH.

 

interesting. many offices are being consolodated here. cant say if it was intentional, but there is a specific part (3) directly mentioning at the MMMA 08 law.

[peanutbutter]

our records are protected by the HIPPA Laws. which is federal on Medical Privacy. so they can do pretty much what they want in the new dept as the new Dept will be the main departmental body, ruling all the sub depts like ecomonic growth, jobs, MMJ act as well as the MDCH.

 

interesting. many offices are being consolodated here. cant say if it was intentional, but there is a specific part (3) directly mentioning at the MMMA 08 law.

 

So that section of Michigan criminal code .. passed by the voters against government officials .. will be null and void because of this order?