Shuette Latest Opinion: Says Locked Facility For Each Patient..

[fluffygrrrl]

So these Republicans all lied saying they would create jobs, but all they have done while in office is to bust unions, enact abortion legislation & calling our medical marijuana law "chaos". Now Shuette has gone way too far. He wants the caregiver to have a separate locked facility for EACH PATIENT. He has made a brief allowing prosecutors to bring criminal charges against any caregiver who grows more than 12 plants in one facility.

 

AG: 'Michigan Ought to be a Place Where We're Building Jobs not Pot Shops' permalink

 

 

--------------------------------------------------------------------------------

 

Back on the campaign trail, Bill Schuette made it clear that he was no fan of Michigan's medical marijuana law. Now that he's the state's attorney general, Schuette is making it clear he'd like to change the way the law is enforced.

 

"It's the wild, wild west," Schuette said Wednesday on WJR-AM 760. "Michigan ought to be a place where we're building jobs not pot shops. We ought to make sure that the law that was approved, that was narrowly designed for those who have a chronic illness or a severe disease, is not exploited by those who want to line their pockets."

 

Of course, advocates are quick to point out Michigan's medical marijuana law, widely approved by voters in 2008, has created created jobs, both at clinics and for hydroponic equipment manufacturers who have tapped a new segment of the economy.

 

Earlier this week, Schuette issued a brief in support of the City of Livonia, which is attempting to dismiss an ACLU-backed challenge to its new ordinance that prohibits any activity violating federal law, including medical marijuana.

 

The lawsuit, filed on behalf of a 61-year-old Birmingham woman with multiple sclerosis whose husband would like to grow medical marijuana in a building he owns in Livonia, contends the ordinance violates Michigan's Medical Marijuana Act, which was widely supported by voters in 2008.

 

In his brief, Schuette suggested that local communities "should not be forced to sanction criminal activity," and he issued a separate adivsory opinion on Tuesday indicating the prosecutors could bring criminal charges against caregivers who grow more than 12 plants in a single, secure facility.

"I intervened on behalf of the City of Livonia to permit them to excercise their right to zone and issued an attorney general opinion that the letter of the law that was approved says 12 plants and no more than 12 plants," Schuette told WJR host Frank Beckmann. "My job is to enforce the law."

 

As the Detroit Free Press pointed out, Michigan law actually allows registered caregivers to grow up to 12 plants each for up to five patients. But according to Schuette, caregivers would have to maintain separate, locked facilities for each patient.State lawmakers this week also introduced legislation intended to clarify the Michigan law, in part, by restricting the location of marijuana dispensaries. Schuette, who is backing the legislation, said Wednesday that because Michigan's law does not reference marijuana clinics, he considers them illegal under federal law.

 

"In Livonia and others, the underpinning of those zones banning pot shops and these dispensaries -- law enforcement calls them drug houses -- the foundation for that is federal law that prohibits the sale and distrubution of marijuana as a class one drug."

 

Schuette is clearly taking a hard line on medical marijuana, diving into the debate rather than wade into the morass. As he points out, his job is to enforce the law. The question is whether his interpretation of the law reflects the will of the people who approved it.

 

 

 

House Republicans, AG Seek to Clarify Michigan's Marijuana Law permalink

 

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Lansing— The legalities behind Michigan's medical marijuana law would be more clearly defined under an eight-bill legislative package unveiled by House Republicans this morning.

 

Rep. John Walsh, R-Livonia, Michigan Attorney General Bill Schuette, prosecutors and other lawmakers have said new laws are needed to end what they called "chaos" surrounding implementation of the 2008 ballot initiative that legalized the use of marijuana by seriously ill patients.

 

Walsh outlined problems that occurred as communities have struggled with the proliferation of dispensaries in their communities. He said the law has been unevenly enforced by prosecutors, law enforcement and judges.

 

"Confusion reigns," Walsh said. "It's exposing law-abiding citizens to uncertainty, and causing our taxpayers money."

 

Schuette also today issued an opinion on the storage of marijuana plants. Under current law, patients legally can grow up to 12 plants, and caregivers with permits are allowed to grow up to 12 plants for each of five patients. Schuette issued an opinion that caregivers must store plants for each of their five patients in separate locked storage facilities.

 

Following the press conference, Schuette said the opinion is effective immediately, though it will be up to local prosecutors to enforce.

 

The proposed laws would:

 

Require physicians to have a traditional doctor-patient relationship with someone they provide with a medical marijuana prescription. in other words, you can't go to a clinic where the doctor mainly does medical marijuan referrals. That is the excuse Judge Lauderbach used to ban medical marijuana as "unconstitutional" in Midland case.

 

Prohibit patient-to-patient transactions and require growers to keep their plants in enclosed, locked facilities that are accessible only to the registered caregiver or patient.

 

Give law enforcement officials access to the medical marijuana patient registry during the course of their official duties.

 

Clarify zoning guidelines for local municipalities classifying dispensaries within their boundaries.

 

Walsh said Republicans will spend the summer researching medical marijuana issues and will convene hearings in the fall, when he said the legislation will be passed.

[fishinfool]

So these Republicans all lied saying they would create jobs, but all they have done while in office is to bust unions, enact abortion legislation & calling our medical marijuana law "chaos". Now Shuette has gone way too far. He wants the caregiver to have a separate locked facility for EACH PATIENT. He has made a brief allowing prosecutors to bring criminal charges against any caregiver who grows more than 12 plants in one facility.

 

AG: 'Michigan Ought to be a Place Where We're Building Jobs not Pot Shops' permalink

 

 

--------------------------------------------------------------------------------

 

Back on the campaign trail, Bill Schuette made it clear that he was no fan of Michigan's medical marijuana law. Now that he's the state's attorney general, Schuette is making it clear he'd like to change the way the law is enforced.

 

"It's the wild, wild west," Schuette said Wednesday on WJR-AM 760. "Michigan ought to be a place where we're building jobs not pot shops. We ought to make sure that the law that was approved, that was narrowly designed for those who have a chronic illness or a severe disease, is not exploited by those who want to line their pockets."

 

Of course, advocates are quick to point out Michigan's medical marijuana law, widely approved by voters in 2008, has created created jobs, both at clinics and for hydroponic equipment manufacturers who have tapped a new segment of the economy.

 

Earlier this week, Schuette issued a brief in support of the City of Livonia, which is attempting to dismiss an ACLU-backed challenge to its new ordinance that prohibits any activity violating federal law, including medical marijuana.

 

The lawsuit, filed on behalf of a 61-year-old Birmingham woman with multiple sclerosis whose husband would like to grow medical marijuana in a building he owns in Livonia, contends the ordinance violates Michigan's Medical Marijuana Act, which was widely supported by voters in 2008.

 

In his brief, Schuette suggested that local communities "should not be forced to sanction criminal activity," and he issued a separate adivsory opinion on Tuesday indicating the prosecutors could bring criminal charges against caregivers who grow more than 12 plants in a single, secure facility.

"I intervened on behalf of the City of Livonia to permit them to excercise their right to zone and issued an attorney general opinion that the letter of the law that was approved says 12 plants and no more than 12 plants," Schuette told WJR host Frank Beckmann. "My job is to enforce the law."

 

As the Detroit Free Press pointed out, Michigan law actually allows registered caregivers to grow up to 12 plants each for up to five patients. But according to Schuette, caregivers would have to maintain separate, locked facilities for each patient.State lawmakers this week also introduced legislation intended to clarify the Michigan law, in part, by restricting the location of marijuana dispensaries. Schuette, who is backing the legislation, said Wednesday that because Michigan's law does not reference marijuana clinics, he considers them illegal under federal law.

 

"In Livonia and others, the underpinning of those zones banning pot shops and these dispensaries -- law enforcement calls them drug houses -- the foundation for that is federal law that prohibits the sale and distrubution of marijuana as a class one drug."

 

Schuette is clearly taking a hard line on medical marijuana, diving into the debate rather than wade into the morass. As he points out, his job is to enforce the law. The question is whether his interpretation of the law reflects the will of the people who approved it.

 

 

 

House Republicans, AG Seek to Clarify Michigan's Marijuana Law permalink

 

--------------------------------------------------------------------------------

 

Lansing— The legalities behind Michigan's medical marijuana law would be more clearly defined under an eight-bill legislative package unveiled by House Republicans this morning.

 

Rep. John Walsh, R-Livonia, Michigan Attorney General Bill Schuette, prosecutors and other lawmakers have said new laws are needed to end what they called "chaos" surrounding implementation of the 2008 ballot initiative that legalized the use of marijuana by seriously ill patients.

 

Walsh outlined problems that occurred as communities have struggled with the proliferation of dispensaries in their communities. He said the law has been unevenly enforced by prosecutors, law enforcement and judges.

 

"Confusion reigns," Walsh said. "It's exposing law-abiding citizens to uncertainty, and causing our taxpayers money."

 

Schuette also today issued an opinion on the storage of marijuana plants. Under current law, patients legally can grow up to 12 plants, and caregivers with permits are allowed to grow up to 12 plants for each of five patients. Schuette issued an opinion that caregivers must store plants for each of their five patients in separate locked storage facilities.

 

Following the press conference, Schuette said the opinion is effective immediately, though it will be up to local prosecutors to enforce.

 

The proposed laws would:

 

Require physicians to have a traditional doctor-patient relationship with someone they provide with a medical marijuana prescription. in other words, you can't go to a clinic where the doctor mainly does medical marijuan referrals. That is the excuse Judge Lauderbach used to ban medical marijuana as "unconstitutional" in Midland case.

 

Prohibit patient-to-patient transactions and require growers to keep their plants in enclosed, locked facilities that are accessible only to the registered caregiver or patient.

 

Give law enforcement officials access to the medical marijuana patient registry during the course of their official duties.

 

Clarify zoning guidelines for local municipalities classifying dispensaries within their boundaries.

 

Walsh said Republicans will spend the summer researching medical marijuana issues and will convene hearings in the fall, when he said the legislation will be passed.

[fishinfool]

What is considered a locked enclose facility? My wife and I are just getting started and I have been told different things. The dispencery I went to said I could grow them outside in a greenhouse as long as it was locked and fenced in and locked again. I was also told that it had to be in a locked enclosure. Does anyone know what is legally right?

 

Thanks,

Fishinfool

[smokeythebear]

What is considered a locked enclose facility? My wife and I are just getting started and I have been told different things. The dispencery I went to said I could grow them outside in a greenhouse as long as it was locked and fenced in and locked again. I was also told that it had to be in a locked enclosure. Does anyone know what is legally right?

 

Thanks,

Fishinfool

 

 

call your county PA and ask them....it all comes down to what they think anyways their the ones who will throw ya in jail. My buddy has a greenhouse and he has invited his countys PA over to check it out and answer any questions he might have.....going on 3rd year this year.

[Estimated Prophet]

So each caregiver with 5 patients will have to maintain 5 separate locked enclosures?

Is this guy insane?

[Green-Nubie]

how can this guy just wake up and decide to change things so much... this is utter b.s.

 

so insted of a couple rooms we now need one for each person... this is gonna get pricey.. seperate lights fans systems ... im about to give up... but then again thats what he wants.

 

 

thinking its time we put a call out for a blanket party..

[peanutbutter]

He lied. He says the law says 12 plants and only 12 plants.

 

The law says a caregiver may have 12 for each patient. That is much more than 12 and 12 only.

[greenbuddha]

The politicians like Schuette and his friends want to make it as hard as they can for 'patients' and 'care givers' to do what the MMM Act says they can do.

 

The best thing to do is be sure Mr. Scheutte and his friends are NOT re-elected when the time comes.

 

As Smoky pointed out, check with your local LEO / PA to be SURE you're doing your grows in a way that will keep you safe, and be sure to point out to them that you are a 'qualified patient' or 'caregiver', otherwise your local LEO's might use the occasion to get a 'bust 'and that 'promotion' they've been looking for.

[CedarSpringsCG]

The thing is, he says that the law should be interpreted as would have been understood by the voter, and then has to pull out a dictionary, and says it right in his opinion, to use word play to fit HIS meaning.

 

I really hope he does get disbarred. Doubt it will happen, but it would be really nice.

[peanutbutter]

The thing is, he says that the law should be interpreted as would have been understood by the voter, and then has to pull out a dictionary, and says it right in his opinion, to use word play to fit HIS meaning.

 

I really hope he does get disbarred. Doubt it will happen, but it would be really nice.

 

I think there is something else that should be considered first.

 

That would be the direct question asked of the voters. The questions asked on the ballot were a acceptable summery of the law at that time.

 

Most voters never read the proposed law. The DID read the question on the ballot.

[CedarSpringsCG]

I think there is something else that should be considered first.

 

That would be the direct question asked of the voters. The questions asked on the ballot were a acceptable summery of the law at that time.

 

Most voters never read the proposed law. The DID read the question on the ballot.

Yep I agree, and if this makes its way all the way to the Supreme Court of MI I would be confident that it could be upheld to that. However, it is going to ruin someone's life to take it there.

 

Are there any p2p cases making their way through the courts right now?

[michiganmedclones]

My idea to set up my new room to make our AG happy is seperating each 12 by chain link fence, floor to cieling wall to wall each 12 with their own gate and lock so you can still utilize light penetration, ventilation and cooling systems, as well as I'm fairly convinced having them seperated will allow me to control any potential over crowding as well as utilizing the chain link to help tie up heavy colas.

 

Just my idea.

[coxie0527]

My idea to set up my new room to make our AG happy is seperating each 12 by chain link fence, floor to cieling wall to wall each 12 with their own gate and lock so you can still utilize light penetration, ventilation and cooling systems, as well as I'm fairly convinced having them seperated will allow me to control any potential over crowding as well as utilizing the chain link to help tie up heavy colas.

 

Just my idea.

 

 

the AG means separate addresses for each 12.

[Royal Smoke]

Great read. You're da gurllll!!!!

 

 

Did you really think I was going to bed?

[mibrains]

the AG contradicts himself in a major way.

 

he starts off his brief talking about "once a pt/cg obtains their genetics" .... then he goes on and on about how pt 2 pt is wrong...

 

but how does a person obtain their original genetics then? from thin air? from out of state? from out of country?

 

this is a major flaw in his reasoning, he can't say p2p is wrong when he knows the genetics must be obtained to be grown. and truthfully must of us are wanting new and better genetics from those who have the ability to procure and train them, so what does he say about that? why can't my pt try a strain, like it and ask me to acquire and grow it for them? because i already do that, and how could i accomplish this NEED for my pt's if i am not allowed to obtain genetics from another person?

nowhere in the law does it say the pt's plants must be kept separate from each other. they are desperate and reaching for thin interpretations, BUT THEY HAVE THE LOUD MOUTH AND PRESS to effect change with this bullschutte anyways.. right or wrong, he's screaming about it on every frequency who will broadcast it... so we will loose unless we out advertise them..... and scream louder and farther...

 

we need money flowing, and jobs created where tax is paid in a big way so they have no room to refute our claims.

[Croppled1]

the AG contradicts himself in a major way.

 

he starts off his brief talking about "once a pt/cg obtains their genetics" .... then he goes on and on about how pt 2 pt is wrong...

 

but how does a person obtain their original genetics then? from thin air? from out of state? from out of country?

 

this is a major flaw in his reasoning, he can't say p2p is wrong when he knows the genetics must be obtained to be grown. and truthfully must of us are wanting new and better genetics from those who have the ability to procure and train them, so what does he say about that? why can't my pt try a strain, like it and ask me to acquire and grow it for them? because i already do that, and how could i accomplish this NEED for my pt's if i am not allowed to obtain genetics from another person?

nowhere in the law does it say the pt's plants must be kept separate from each other. they are desperate and reaching for thin interpretations, BUT THEY HAVE THE LOUD MOUTH AND PRESS to effect change with this bullschutte anyways.. right or wrong, he's screaming about it on every frequency who will broadcast it... so we will loose unless we out advertise them..... and scream louder and farther...

 

we need money flowing, and jobs created where tax is paid in a big way so they have no room to refute our claims.

 

We already have money flowing and jobs have been created . Nobody pays attention or recognizes that we have influenced the Michigan economy in a positive way and the last thing we need is tax on recommended ( prescribed ) medical cannabis. We do not tax prescribed medical items in most States including Michigan . We have aprox . 100,000 people on the program raising over 50 million dollars if you figure more then half are on SSD or SSI getting the reduced fee of $25 instead of $100 . I grow just for myself and as inexpensive as possible but I still spend at least $1500 a year if not more which is all taxed at 6% I would imagine the average spent is way in excess of that with how overboard many patients and caregivers are . Think of all the travel that is occurring as patients get together in spite of pressure not too .

 

Litteraly I grow fine with just a 400 watt bulb , some premix garden soil ( thanks people who recommended buying dirt it helped and I thought I knew how to mix my own ) and some Lowe's 5 gallon buckets with a hole drilled 2 inches up to prevent root rot . Though I liked Grandpa's home made hydro set up on dollies the best from our friends at the BACC . It takes time for change to occur with allot of education for all Citizens but sadly most people have no real interest in this game . They do not see this as a non substitutable need nor as real herbal medicine . We are all conditioned to just say " No " and distance ourselves from Cannabis use it can be a career ending matter from discrimination built into the system and tough love concepts result in un pursued illegal activities against identified participants . Most people don't even know aspirin is willow bark and most medicine is just manipulated nature . The average persons understands there to be thousands of different pills for pain but do not understand there are really only a few choices . Analgesics , psychotropics or derivatives of opiates some artificial like methadone or codeine . with a tad of rogue poisons thrown in under the premise of alchemy . We do not want to increase t the beast of regulation that already turned prohibition into the number one profit creator for gangs and government which has armed criminals and corrupted our courts , law enforcement and medical system . Have a great day hope you get to see the launch that new rocket set up for the Mar's launch from the moon that was theorized back in the 50's is pretty interesting . I saw a old " Outer Limits " show on TV made in 61 or 62 that referenced it in the plot on Hulu the other day . If you ever have the time check it out you might enjoy it .

 

We definitely need a legal safe way to get genetics and keep our $$$$ in State and local economies instead of people sending for $100 seed packs overseas or patients having to look towards the illegal market for emergency or startup supply . The best thing Schuette and law enforcement could do is allow PTP to be 100% recognized flooding the market with product and reducing the price along with profit margin . Nobody will buy street grade cannabis after they have had legal medicinal grade . There is no reason they can't control the flow in the non patient community but pressure from Citizens to legalize is increasing inside the voting booth even if outside people are still afraid to aknowledge their beliefs . Most people recognize the gateway theory is bunk and infact cannabis can be a savior for those recovering from alchohal and or hard drug use . It was the increased testing for cannabis that drove many wrongly into useing less detectable more dangerous alternatives .

[michiganmedclones]

the AG means separate addresses for each 12.

 

 

Where do you see that? I see "seperate locked storage facilities" and thats all I keep hearing, I haven't seen any mention of seperate addresses for the plants unless I missed something

[skipper1963]

"it... so we will loose unless we out advertise them..... and scream louder and farther..."

 

This movement is a "Grassroots Movement" to the very core of the definition. The above comment is hard to fulfill, there isn't a lot of money. Everyone knows the condition that Michigan's job market is in. That makes it hard for anyone to give donations or to come up with extra funds after bills are paid.

 

I am sure everyone in the community is doing what they can to support each other as best as they can.

 

Take me for example, I don't have a driver's license. So that means that I can't drive; I try to do things from my pc, I proof read the other night. It was something, I helped the community. People are all doing something, pitching in here and there, in the end it comes together.

 

Everybody is doing their best.

 

Skipper

[CedarSpringsCG]

Yeah I think just separate rooms he is OK with. Separate locks I believe is what I read from his opinion. Separate locked containers for their meds, etc... No Comingling.

[tricloud]

The law is the law that we voted for not what Shuette perceives the law to be or what he thinks the people voted for.

 

When marijuana was made illegal back in the 30's law writers duped the people into voting to ban hemp when they didn't realize that marijuana and hemp were the same thing.... We still have to live with the lies they told to pass their ill conceived law. Now it's their turn to live with the recourse of their lies...

 

Don't forget the courts have to offer a jury trial.......

 

Lets not let Shuette's illiteracy hinder us. Lets recall this joker who can't understand clear law and wastes tax payers dollars fighting what the people voted for.

 

Recall Shuette!!!

[zoolander]

F--k this mother f--ker. He wants jobs and not pot shops? How about this, I want to live my life in peace and harmony and grow a f--king plant in the privacy of my own home without some condescending d--chebag thinking he has a right to control my life. I have made a good faith effort to comply with the law that the voters passed. I'm not setting up five separate locked enclosed areas, sorry, that's bullsh-t, not gonna happen.

[DT61]

Just wait - his latest move, as I heard on Fox2 Detroit last night is to invite the Feds into Michigan to try and end the MMM Act.

[+EdwardGlen]

Schuette should be held responsible for every heroin over and narcotic pain pill dose death in Michigan. Since he completely ignores it while building crosses to burn MM patients on.

 

Judge Davis; "In Macomb County last year alone 156 young people died of drug over doses"

 

http://macomb-mi.pegcentral.com/player.php?video=411a9a4209615963cad1b92961c0d583

[Guest knucklehead bob]

Everyone knows what people say about opinions and what they are like . I would have to agree that Schuette is one of the biggest !

[Kingpinn]

Just have the man show you in the law it says anything of a roof. Other than that the same people that want a roof don't want you to have a Marijuana law either so you going to knuckle under to that too just cause they say so.Just cause LEO says so don't mean its so. Let them prove it in court then. Not there call any way this is a matter of the MDCH and not the State Police.

 

OOO bye the way drive by Kinross State Prison . Send us a picture of the roof on the fenced in enclosure they use to keep prisoners inside