peanutbutter Posted November 10, 2011 Report Share Posted November 10, 2011 I am not an attorney. I have never been to law school. Below, I state my opinion. I hope that this document will be accepted for “peer review.” I believe the Medical Marihuana Program in Michigan to be void. I believe that any patient in Michigan, who has a doctors letter of recommendation for medical marihuana, has fulfilled their duties under the Michigan Medical Marihuana Act. It is impossible for said patients to proceed with the licensing procedure contained within the law. The law requires that applications be sent to the Department of Community Health. By order of the Governor, the Department halted the receipt of applications. This directly eliminated the ability to submit an application to the department. This department was ordered, by law, by the voters of this state, to accept these applications. This lawful order of the voters has been violated. Furthermore, our Attorney General has assisted in the conversion of a hundred thousand sets of safeguarded information, from applications, into a process of gathering documents of self-incrimination. No law can require a person to surrender their rights against self-incrimination to receive other protections under that law. This was established when Timothy Leary went before the United States Supreme Court in 1969. That case eliminated the Marijuana Federal Tax Stamp Act. The reasoning expressed by the court, in that case, was that the Tax Stamp Act required the applicant for the stamp was required to wave their fifth amendment protection against self-incrimination to receive the stamp. Now the State of Michigan requires patients sign statements, that may be used against them in a court of law, to receive their Medical Marijuana ID card. This status was assisted in implementation by our own State Attorney General. The State has now eliminated the program that was established by law. The Governor of Michigan has caused the MDCH to stop taking applications and the Attorney General has conspired with federal authorities to make every application a signed confession that could be used in court against the applicant. The program has been eliminated by these two officials. Furthermore, the state has converted the program into a tax to be paid by the sick and dying people of Michigan. The MMMA allows fees to be collected in the amount needed to offset the costs of the program. For three years now, the state has collected about three times the amount of fees than it has spent on the program. Much celebration has taken place about the Medical Marihuana Program providing funds to the state coffers. There is no reason to celebrate this theft. The state is siphoning money from the program. This leaves the program under funded. Resulting in state issued ID cards being issued months later than the twenty days required of the state by law. The medical marijuana patient of Michigan has done their duty. We have complied with every requirement place on us by this law. The state has refused to comply in nearly every single aspect. After three years of the state refusing to comply, I feel the program should no longer exist. That we, the patients, should no longer be compelled to deal with a state government that is determined to violate the law against us. I believe the state of Michigan then falls back on section eight of the law. Any patient that has received a doctors letter of recommendation has the complete protection, WITHOUT THE STATE ID CARD. Just like California, thanks to Rick and Bill. Quote Link to comment Share on other sites More sharing options...
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