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House Bill No. 485: Caregiver Advertising Ban


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HOUSE BILL No. 485

 

June 30, 2011, Introduced by Reps. Haveman, Heise, Liss, Gilbert, MacMaster, MacGregor, Jacobsen, Rendon, Opsommer, Zorn, Moss, Glardon, Haines, Crawford, Huuki, Kowall, Yonker, Hooker, Pscholka, Price, Horn, Tyler, Olson, Outman, Goike, Bledsoe, Callton, Agema, Cavanagh, Knollenberg, Daley, Lyons and Kurtz and referred to the Committee on Judiciary.

 

A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 42.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

Sec. 42. (1) A person shall not directly or indirectly cause

to be made, published, disseminated, circulated, or placed before

or communicated to the public, in a newspaper or by radio

broadcast, television, internet, or other mode of communication or

publication or in the form of a book, notice, handbill, poster,

bill, circular, or pamphlet, either of the following:

 

(a) An advertisement for services as a primary caregiver under

the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to

333.26430.

 

(b) An offer to sell, transfer, or make available marihuana.

 

(2) Subsection (1) does not apply to any of the following:

 

(a) An owner, publisher, printer, agent, or employee of a

newspaper or other publication, periodical, or circular, or of a

radio station or television station, who in good faith and without

knowledge of the prohibited content, publishes, causes to be

published, or takes part in the publication of an advertisement or

offer described in subsection (1).

 

(b) A person, firm, or corporation providing telephone or

telegraph service to subscribers as a public utility.

 

(c ) An internet service provider, if the service provider acts

in good faith to promptly remove the advertisement or offer upon

notification of the illegal content.

 

(3) Subsection (1) does not prohibit the state department or

agency that issues registry identification cards under the Michigan

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, from

providing written information to a registry identification card

holder concerning a person who offers services as a primary

caregiver or as to a source for obtaining marihuana plants for

cultivation.

 

(4) A person who violates this section 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.

 

So is this the worst of the bills we are facing?

 

Of course, that is a trick question, isn't it?

They are all horrible, designed to totally eradicate all use of Medical Marijuana in the State.

 

This bill will make it illegal for THIS WEBSITE or any other to facilitate connecting patients with caregivers! No advertising, internet, no posters, flyers, brochures or handbills... Surprised they don't have town cryers listed in there too!

 

With the closure of dispensaries, this will make it nearly impossible for a new patient to find safe natural medication in this state.

 

I wonder what all those "Tea Party" Republicans will think of this assault on the First Amendment to the Constitution?

Edited by bbg
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I wonder what all those "Tea Party" Republicans will think of this assault on the First Amendment to the Constitution?

 

I wasn't aware of that fact that I have to be of a certain political persuasion to be a patient or a caregiver.

 

If you think that this law was passed with 63% of the vote without help from voters in both parties then you are deceived. I'm not sure what the benefit of dividing the supporters of the law into different camps is, can you enlighten me?

 

Peace,

Zeke

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I wasn't aware of that fact that I have to be of a certain political persuasion to be a patient or a caregiver.

 

If you think that this law was passed with 63% of the vote without help from voters in both parties then you are deceived. I'm not sure what the benefit of dividing the supporters of the law into different camps is, can you enlighten me?

 

Peace,

Zeke

Sorry Zekie, my comment was not meant to provoke anger, merely thought.

I didn't intend a tone of sarcasm or disrespect, except perhaps towards the politicians who may or may not do what they say.

 

The current majority of this legislature is sitting there due to the efforts of Tea Party supporters in 2010, and I recognize that. It is my understanding that the Tea Party holds the Constitution of the United States to be the unerring authority of this land, which I do not dispute, I adore our Constitution.

 

So what I am questioning is: How can this kind of law, that eviscerates the protection of the First Amendment of the Constitution,

the First of our Precious Bill of Rights;

How can this be supported by the Republicans who rode to the Capitol on the backs of Tea Party Patriotism, promising to uphold the principles of our Constitution?

What do true liberty loving Patriots think of those Republicans then trampling the Bill of Rights of the Constitution of the United States, the moment it suits their whim?

 

We're all in this together and we need support from both sides of the aisle.

If we all stand together and don't let them divide and conquer us, we can make our will be known.

 

Peace to you too, brother.

Edited by bbg
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So what I am questioning is: How can this kind of law, that eviscerates the protection of the First Amendment of the Constitution,

the First of our Precious Bill of Rights;

How can this be supported by the Republicans who rode to the Capitol on the backs of Tea Party Patriotism, promising to uphold the principles of our Constitution?

What do true liberty loving Patriots think of those Republicans then trampling the Bill of Rights of the Constitution of the United States, the moment it suits their whim?

 

We're all in this together and we need support from both sides of the aisle.

If we all stand together and don't let them divide and conquer us, we can make our will be known.

 

Peace to you too, brother.

 

BBG,

 

I'm in 100% agreement with you here, I'm hating the way that this law is being chipped away myself.

 

The only thing that I can do is humbly offer up my support to the cause in any way possible.

 

One thing that I think would be effective is an amendment to the State Constitution that says basically, if a law is passed by a voter initiative, then it has to be changed ONLY BY voter initiative.

 

This would prevent all of these nonsense bills from being taken up behind closed doors.

 

Frankly, my opinion is both parties are negotiating behind closed doors (since the bills are bi-partisan in support) and I don't trust anyone tweaking the law that was passed to make it more restrictive. Personally, I'd like to see some framework for dispensaries in the law, a lot of people were dependent on them and now their only hope is to connect with some street thugs selling it on a corner. I can't speak for everyone but the dispensary served as insurance to caregivers if there was a problem with their ability to grow (like the multitude of power outages this summer for example).

 

United we stand, divided we fall!

 

Thanks for your very well written response (I could hear your heart in it) and God bless you!!!

 

Peace to you!!!

 

Zeke

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(3) Subsection (1) does not prohibit the state department or

agency that issues registry identification cards under the Michigan

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, from

providing written information to a registry identification card

holder concerning a person who offers services as a primary

caregiver or as to a source for obtaining marihuana plants for

cultivation.

 

I like this part, makes a person believe the state will look out for the patients.

The problem is, the state doesn't do this and I doubt they ever will.

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This is the one I wrote my Rep about (Glardon.) Not sure how this could stand. It seems like it would run into first amendment issues. Is there another legal venture that isn't allowed to advertise, period?

 

Not totally, but when is the last time you have seen a cigarette commercial on television? They can still advertise other ways though. In basically every way this bill is trying to stop caregivers.

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This does not concern me in the slightest. An advertisement on here was helpful when I was just getting started, but the truth is this forum is full of narcs and cops who reply to caregiver ads and pretend to be patients, not to mention newspapers, Craigslist, etc. You get less exposure, worry, and time wasting just going through word of mouth. And when it comes down to it, word of mouth is how this herb has been sold for decades anyway...it works fine and if you're a good and reputable caregiver you will find patients no problem. There seems to be a shortage of good caregivers, especially in more rural parts of the state. There's nothing illegal about telling someone in person or on the phone that you're a caregiver and there's no way they can stop that. The herb will likely be fully legal in a few years anyway, making this whole medical debate moot. Everyone just keep your heads down, follow the law to the letter, keep your neighbors and people around you happy and out of the loop, and you will be OK.

 

BTW, this will not stop people from advertising. They will just twist the words around, say they're providing "consultation fees" or "accepting donations" or whatnot, combined with a picture or two that conveys exactly what's going on.

Edited by zoolander
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This does not concern me in the slightest. An advertisement on here was helpful when I was just getting started, but the truth is this forum is full of narcs and cops who reply to caregiver ads and pretend to be patients, not to mention newspapers, Craigslist, etc. You get less exposure, worry, and time wasting just going through word of mouth. And when it comes down to it, word of mouth is how this herb has been sold for decades anyway...it works fine and if you're a good and reputable caregiver you will find patients no problem. There seems to be a shortage of good caregivers, especially in more rural parts of the state. There's nothing illegal about telling someone in person or on the phone that you're a caregiver and there's no way they can stop that. The herb will likely be fully legal in a few years anyway, making this whole medical debate moot. Everyone just keep your heads down, follow the law to the letter, keep your neighbors and people around you happy and out of the loop, and you will be OK.

 

BTW, this will not stop people from advertising. They will just twist the words around, say they're providing "consultation fees" or "accepting donations" or whatnot, combined with a picture or two that conveys exactly what's going on.

I hope you're right about the future, Zoolander.

 

But right now this proposal, if it were to pass, would make it very difficult for my Grandfather who is a MM patient in Arizona, to find a source for meds here in Michigan when he comes here for a month or two visit. He is a retired public servant and doesn't have any connections with people here who could help him get MM. The dispensary he went to when he was here this summer is now closed. So when he comes back to Michigan next May or June, where will he go for MM? (I will help him of course, but what if he didn't have me?)

Edited by bbg
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