Schuette Supports Oakland

[drtarzanmd]

Schuette Supports Oakland,

Isabella County Prosecutors Seeking to Clarify Marijuana Law

 

Contact: John Sellek or Joy Yearout 517-373-8060

 

 

March 28, 2011

 

Briefs back Prosecutors’ Positions that For-Profit Medical Marijuana Clubs are Illegal,

Argue Unregistered Users have No Defense under State Law

 

 

LANSING - Attorney General Bill Schuette today announced his office has filed amicus briefs in support of two county prosecutors seeking to clarify issues arising from enforcement of the Michigan Medical Marihuana Act.

 

State of Michigan v. McQueen

 

In this case, Isabella County Prosecutor Larry Burdick is challenging a for-profit scheme of marijuana transfer among patients at a Mount Pleasant medical marijuana club. Schuette's brief supports the prosecutor's request for the Michigan Court of Appeals to hear this case based on claims that the club violates the Michigan Medical Marihuana Act (MMMA) by allowing profits from medical marijuana sales, in addition to patient-to-patient marijuana transactions, and the possession of medical marijuana in excess of legal limits by the club owners.

 

The Isabella County prosecutor's office sought to have Compassionate Apothecary, a medical marijuana club owned by Mt. Pleasant residents Brandon McQueen and Matthew Taylor, declared a public nuisance and closed on the grounds its activities violated the MMMA. The club allows patient-to-patient sales of marijuana, with the club profiting by taking a 20% commission. The club also allows members to house marijuana on site, leaving the club in sole control of the marijuana.

 

On December 16, 2010 the Isabella County Circuit Court erroneously ruled that because for-profit marijuana clubs were not expressly addressed in state law, they must be permitted, denying the declaration of a nuisance claim. Burdick then asked the Michigan Court of Appeals to hear an appeal.

 

Schuette argues in his brief that the MMMA does not authorize a for-profit club system of medical marijuana sales, instead allowing only the recovery of "costs" associated with assisting patients by an assigned primary caregiver. Furthermore, the plain language of the statute does not allow for patient-to-patient transactions or for club owners to take possession of an amount of medical marijuana exceeding established limits for qualified patients and caregivers.

 

Because the club is in violation of state law, Schuette argues it can be declared a public nuisance and closed to protect public health and safety, as the prosecutor has requested. His brief asks the Court of Appeals to reverse the lower court ruling and issue an opinion to guide the lower courts' future interpretations of the MMMA.

 

State of Michigan v. Redden

 

In this case, Schuette has filed an amicus brief with the Michigan Supreme Court, arguing that unregistered users of marijuana are not entitled to assert a defense under the MMMA against drug possession charges. Schuette supports arguments raised by Oakland County Prosecutor Jessica Cooper and asks the court to review Redden, the first case that could result in the state's highest court ruling on key aspects of the MMMA.

 

Schuette's brief counters a September 14, 2010 ruling by the Michigan Court of Appeals, which asserted that unregistered marijuana users are entitled to a defense under the MMMA when found to be in possession of marijuana. Schuette argues that the Act's protection from prosecution for possession of marijuana is limited to qualified patients and caregivers who are formally registered by the Michigan Department of Community Health. Schuette said that vague language in the law should not be used to circumvent the standards of user registration or limits on possession of marijuana. Schuette urges the Michigan Supreme Court to review the case. The Court is expected to make a determination as to whether it will hear the case later this year.

 

Schuette said he is seeking to help county prosecutors clarify the law because while the purpose of the MMMA was to help a narrow class of citizens suffering from debilitating medical conditions, a large number of issues have developed that threaten the original intent of the law, put public safety at risk and have caused confusion on how to enforce the act by law enforcement officials. Schuette also recently filed a brief in support of the Grand Traverse County prosecutor's office, which is seeking to enforce the state ban on driving with marijuana in a driver's system.

 

"This law was intended to aid people with difficult or incurable diseases, but some are attempting to exploit the law to essentially legalize marijuana and that is wrong," said Schuette. "We will continue to seek clarification of the law to ensure the health and safety of the general public is protected."

 

 

Copy and Paste from :

 

http://michiganmedicalmarijuana.org/index.php?app=forums&module=post&section=post&do=new_post&f=45

[DayTripper]

I want Schutte to have to issue a finding on whether locals writing laws that conflict with MMMA are legal and if they are not what is he going to do about it?

 

Every darn one of them is illegal. It's settled case law in Michigan. People need to quit wasting time at the local level and force the State to honor the Act as written. Ultimately that's where we end up anyway.

 

I believe this law protects MM patients and Caregivers, and not dispensaries.

So they write a law that appears to ban Compassion Clubs - if the club is operating the way MMMA guidelines say they should they are completely defensible in Court and the ACLU will jump on the first legit case for us.

 

Our law says they can't write laws that hinder us simply because we are cardholders - they can't keep us from gathering and collecting dues as long as folks don't demand that p2p is settled law and they can trade MM inside the premisis. When we all first started it was looked down upon to even speak of aqquiring MM inside a compassion club meeting. You were instructed to network. If networking was a hassle you were to ask the club leaders for help.

 

I don't know all what happened - but we are screaming "don't change one word of our law" while trying to infer that we can do anything we want because of it including add public sales/trades. That's why we are stuck in Nuetral. We have been just dumb enough to follow the Tim Becks long enough to believe we have rights we simply don't have.

 

I think if we just react to thier attacks we will die by attrition.

 

There is a reason the AG wants the Courts to interpret this.

He knows if he is forced to he has to rule in our favor, (sans Dispensaries), and so he hopes to influence Judges to contiinue his crusade against marijuana of any stripe for any purpose.

He's a zealot; but that doesn't make him all powerful.

Our law is stronger than the AG, and he knows it.

Otherwise HE WOULD HAVE ISSUED A FINDING that backs up his moo poo.

[bobandtorey]

I want Schutte to have to issue a finding on whether locals writing laws that conflict with MMMA are legal and if they are not what is he going to do about it?

 

Every darn one of them is illegal. It's settled case law in Michigan. People need to quit wasting time at the local level and force the State to honor the Act as written. Ultimately that's where we end up anyway.

 

I believe this law protects MM patients and Caregivers, and not dispensaries.

So they write a law that appears to ban Compassion Clubs - if the club is operating the way MMMA guidelines say they should they are completely defensible in Court and the ACLU will jump on the first legit case for us.

 

Our law says they can't write laws that hinder us simply because we are cardholders - they can't keep us from gathering and collecting dues as long as folks don't demand that p2p is settled law and they can trade MM inside the premisis. When we all first started it was looked down upon to even speak of aqquiring MM inside a compassion club meeting. You were instructed to network. If networking was a hassle you were to ask the club leaders for help.

 

I don't know all what happened - but we are screaming "don't change one word of our law" while trying to infer that we can do anything we want because of it including add public sales/trades. That's why we are stuck in Nuetral. We have been just dumb enough to follow the Tim Becks long enough to believe we have rights we simply don't have.

 

I think if we just react to thier attacks we will die by attrition.

 

There is a reason the AG wants the Courts to interpret this.

He knows if he is forced to he has to rule in our favor, (sans Dispensaries), and so he hopes to influence Judges to contiinue his crusade against marijuana of any stripe for any purpose.

He's a zealot; but that doesn't make him all powerful.

Our law is stronger than the AG, and he knows it.

Otherwise HE WOULD HAVE ISSUED A FINDING that backs up his moo poo.

 

Thanks i feel the same way it's more to it or he would have said it him self

but now we will be inn court for another 2 years IMO

[Iceman081]

Thanks i feel the same way it's more to it or he would have said it him self

but now we will be inn court for another 2 years IMO

 

Its pretty darn clear that that are AG is not upholding the laws of the State of Michigan, he is off on his own politcal agenda and it sure doesn't include MMJ!!!!! Were do these wack jobs get their support because it surely isn't from the people, guess it's time to start up a website to recall Schuette too. The GOP is out of control in this country and this state, when are the people in this country gonna wake up!!! Bob I feel for you brother keep your chin up man, we the people support 100% and we know what the laws real intent is. Too bad these crooked SOBS can't see past the political contributions and see that the law is about compassion and helping the sick and weak!!!

 

 

 

D

[Guest knucklehead bob]

How much more clear can it be ? No Prosecution . There in lies the problem . They are supposed to stop steeling from us LEGALLY , and they don't like it ! It's like we are taking candy from a child . Don't ya know yer not supposed to do that ?

[GrowGoddess]

Here I thought Scehutte took an oath to work for the people.

 

Here is a screenshot I took today (April 1, 2011) from MSN Newsvine on a poll about whether or not a person approves of marijuana for medicinal use.

 

Just take a look at the results

 

 

 

It makes me wonder if the 7% is all law enforcement, pharmacutical people, and the government officials that just don't understand. Scheutte needs to get with the program, medical marijuana is here to stay!

[Kingpinn]

[bobandtorey]

 

What? thats it we too are faceing 14 years in jail NOT going to happen i here that are case wont come up till 2013 even if it does come up at all they just may sit on it longer IMO

 

Hang inn their Larry

[+Silverblue]

Not protecting patients' privacy was a BIG MISTAKE for schuttee.

 

Sb