Ag: More Cannabis Rules Are Coming

[Croppled1]

Wednesday, August 10,2011

What’s in store for the Michigan Medical Marihuana Act? Attorney General Bill Schuette has a few ideas.

by Andy Balaskovitz Wednesday, Aug. 10 — What does Attorney General Bill Schuette, a former Michigan Court of Appeals judge who advocated against the state medical marijuana initiative in 2008, think about as he drives to his Lansing office and perhaps passes a few dispensaries on his way?

 

He keeps his personal thoughts close to his chest.

 

“My job is to enforce the law. … Whatever the issue is, my job is to enforce the law,” Schuette said this afternoon after a press conference calling for a package of eight separate bills to fill in “swiss-cheese”-like holes in the state Medical Marihuana Act.

 

The proposed legislation that Schuette’s asking lawmakers to take up in the fall does not specifically seek to ban dispensaries, which Schuette said would be up to state courts. Even though Schuette maintains dispensaries are not allowed under the state act, his proposals would empower local municipalities to regulate the zoning of dispensaries as a sort of holdover until court rulings clarify whether dispensaries are allowed.

 

Notably, the case of the People v. McQueen before the state Court of Appeals deals with such businesses that operate under the assumption that patient-to-patient transfers are legal. An Isabella County Circuit judge said such transactions are legal. However, in Midland County, Schuette has supported the Midland County prosecutor’s efforts to close a dispensary.

 

Fourteen officials from law enforcement, the Legislature and the medical profession — along with two county prosecutors — joined Schuette to promote the package of bills that tackle various aspects of the Medical Marihuana Act. Republicans and Democrats stood beside Schuette in the 7th floor conference room of the downtown G. Mennen Williams building, including Sen. Rick Jones, R-Grand Ledge, and Rep. Richard LeBlanc, D-Westland.

 

State Rep. John Walsh, R-Livonia, said four of the eight bills would require a supermajority of the Legislature to enact. Schuette said he expects the legislation to be taken up by the Legislature in the fall.

 

Schuette’s proposals would: make it a felony for several instances of falsifying information from physicians and patients; make it a felony to use someone else’s card to transfer medical marijuana; prohibit felons from being caregivers (under the act, only felons with drug-related convictions are prohibited from being caregivers); and make it a misdemeanor to fail to report a lost or stolen card within seven days. Schuette’s list of recommendations say the Medical Marihuana Act does not include criminal penalties for violating the act for presenting false information, only a denial of application.

 

He also proposes to “empower local communities to regulate marijuana facilities” and “avoid confusion and excessive litigation regarding insurance claims and coverage for medical marijuana users.” Schuette also wants to create a registry of enclosed locked facilities to allow for state inspections and strengthen the definition of “bona-fide physician-patient” relationships.

 

Schuette also proposes to align the state Motor Vehicle Code with the Medical Marihuana Act so no one could drive while under the influence of cannabis. The state Court of Appeals has just taken up a case on this issue, in which a medical marijuana patient is challenging whether he was under the influence of cannabis while driving five hours after he smoked, Michigan Public Radio reported this week.

 

Schuette said the state statute has been “hijacked” by “pot profiteers” and “drug dealers.” He said the “victims” of such a hijacking are children and the “public at large.” Schuette referred to “20” dispensaries on Michigan Avenue — there are actually 10 — near restaurants and churches children are exposed to. He said such businesses are “creating easy access to a gateway drug.”

 

As a Court of Appeals judge, Schuette was the unofficial spokesman for a coalition of law enforcment officials and prosecutors opposed to Proposition 1, now the state Medical Marihuana Act.

 

Schuette said the goal of the legislation is to “bring the law back into line with what people voted for,” which he said was “to help people with debilitating illnesses.” He called the combination of legislation and potential state Supreme Court rulings a “two-track” approach to do so.

 

Speakers took turns jabbing at the state statute, approved by 63 percent of voters in 2008, because they said it was loosely written, creating easy access to cannabis and increases in crime.

 

“The criminal element has moved in,” Jones said. He cited as an example the arrest of Wayne Dagit on two counts of possession with intent to deliver between five and 45 kilograms of marijuana, one count of growing between 20 and 200 marijuana plants and one count of maintaining a drug house. Dagit operated the Green Leaf Smokers Club in Williamston Township, a medical marijuana dispensary, until he was arrested on the drug charges in May 2010.

 

Jones also said he's working on legislation for a "saliva test" with the state police to detect people who have recently smoked while driving.[/font]

 

http://www.lansingcitypulse.com/lansing/article-6180-ag-more-cannabis-rules-are-coming.html

[+washtenaut]

I think folks should read that article concerning Schuette's thoughts on the future of the restrictions to the MMMAct. It is very interesting...but it does make you so sad that this man is in power. He is out to imprison people that are really trying to comply.

 

I think he sees this as his 'issue' to ride to the political top. He is certainly intelligent enough to see that there is little real harm in marijuana use and that many find relief from using it medicinally.

 

It is 'wilfull blindness' for political gain and I think this fight of his is wrong on a moral level. The man that wants the people to admire his superior morals is causing actual physical pain to legitimate patients in order to further his career

[Kevin]

His job is to enforce the law? Yes it is, but he's not doing that. Regardless that he claims to know what the people voted for, he is an enemy of the people.

 

The victims are children? Yes. Victims of budget cuts to their education, victims to larger classrooms, minimum wage teachers, cuts to lunch programs, cuts to after school programs, etc.

 

Don't see where he's so intelligent but just smart enough to be dangerous. Proof is in the pudding.

 

The criminal element sure has moved in. There's a few in Lansing for sure with dreams of going to DC any way they can get there.

 

He has a chub for us because an activist of the pro-cannabis community started a recall effort on him. I'll give him points for being persistent, but take them away for his skewed political and social views.

 

AG really needs to focus on something important like prosecuting violent criminals, or making sure our kids receive a quality education so they can be successful in life, or keeping the heat on for seniors this winter, or fixing the cratered wagon trails we call roads, or...

 

Heaping increased suffering on the most vulnerable persons in society yet they likely sit in the first pew every Sunday. They won't give up until we, and Prop 1 are history.

 

We must advocate to make certain the repeal of cannabis prohibition is on the Michigan ballot for Nov 2012. It is the only logical solution. I've heard no others.

[mike44]

Yes, the criminal element has moved back in. The streets are again flooded with low grade cartel marijuana, and you don't need a card to get it. I am sure we will see an increase in violent crime due to this, and of course, the blame will fall on medical marijuana intead of those who are placing restrictions on it.

[peanutbutter]

"make it a felony to use someone else’s card to transfer medical marijuana;"

 

Add to that:

using false identification to obtain medical marijuana

AND

specifically include police officers as being subject to the same penalties, on the job or off, and I might agree.

[plcultivator]

Yes, the criminal element has moved back in. The streets are again flooded with low grade cartel marijuana, and you don't need a card to get it. I am sure we will see an increase in violent crime due to this, and of course, the blame will fall on medical marijuana intead of those who are placing restrictions on it.

could'nt have said it better Mike...it's a shame some patients will have to resort to the streets for cartel mold and pesticide infested meds!!!!

[+EdwardGlen]

“My job is to enforce the law. … Whatever the issue is, my job is to enforce the law,” Schuette said. Well then he needs to be removed from office for failure to do his job.

 

This clown has got go...!

 

He and his republican rat faced counterpart Walsh are parasites feeding off the state tax payers teet and its time to ween them...

 

Can one of our Attorney Angels chime in on abuse of power while in office. Its obvious he is persecuting just one segment of the society for political and personal gains.

 

There is no crime wave, auto accidents have not increased, houses are not burning down around the state. He lies to the public and the press and we are his targets...if it ain't illegal it should be!!

[AmishRnot4ganja]

Yes, the criminal element has moved back in. The streets are again flooded with low grade cartel marijuana, and you don't need a card to get it. I am sure we will see an increase in violent crime due to this, and of course, the blame will fall on medical marijuana instead of those who are placing restrictions on it.

 

 

 

You nailed it. I am wondering if the general public will be able to see through this whole drummed up "issue" that Schuette has built up around medical marijuana. It isn't nearly as bad as he is making it out to be. He is making problems where none previously existed. He has been chompimg at the bit to get cases into court ever since the MM law was passed. The problem is that the new law wasn't causing any problems so Schuette and his gang had to go out and fabricate problems to enable them to ride in on their white horses and "fix" the "situation". The cases they have brought to court are so lame and lacking in any real criminal behavior that the general public is beginning to question their motives for even bringing these cases to court. None of the cases they are pursuing involves anything more than a disagreement in the interpretation of the law. Even the judges don't agree with each other.