I Believe The State Can No Longer Require The Id Card

peanutbutter · 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.

Restorium2 · November 10, 2011

The official doctor's notes makes you legal.

The card protects you from arrest.

We need to keep hammering that home.

We will eventually be there on solid ground.

peanutbutter · November 10, 2011

You are not allowed to apply for the ID card from the Department of Community Health.

This is required by law. The Governor of Michigan, unlawfully, ordered the change.

We can not follow the law. The Governor of Michigan made that impossible.

Restorium2 · November 10, 2011

You are not allowed to apply for the ID card from the Department of Community Health.

This is required by law. The Governor of Michigan, unlawfully, ordered the change.

We can not follow the law. The Governor of Michigan made that impossible.

I got my card from LARA and it protects me from arrest. I like my card and the protection it gives me.

MDCH or LARA, who cares?

newbie313 · November 10, 2011

What is going on? ITs like they dont care what the voters say.

Restorium2 · November 10, 2011

What is going on? ITs like they dont care what the voters say.

The governor was doing his job and trying to save the state money. No alterior motives... this time. If LARA is more efficient, and our donations to the state can help more schools, then that is a good thing. Make sure you tell people how much we patients donate to Michigan schools.

newbie313 · November 10, 2011

oh ok

murdock · November 10, 2011

Thanks for all you do PB, I don't thank every one enough for sticking there necks out for the rest of us ! It amazes me how commonsense is toss out the window sometimes

an other they twists words around to make them fit for there own agenda ! The Bull Needs to stop that's 100% Fact !! How to do it ?? IDK !! I sign letters for MPP as well for all the groups

that have well written letters, and I want to say what I just read hear is the most commonsense i have read !! We need to put our $ in a account to go to the state and not give it to them

till they fix this mess !! Last year I sent my renewal in on the last day and got my card in less then twenty six days, and a letter that said if i did that again I might be rejected or denied,

What I don't understand is why they need it ninety days be for the date it expires, or is it just like you said, it gos every were but were it was intended ?? Any way Thank You, I got one

hell of a smile after reading this. It made my AM !! Thanks, Murdock.

peanutbutter · November 10, 2011

I got my card from LARA and it protects me from arrest. I like my card and the protection it gives me.

MDCH or LARA, who cares?

The law does.

They have broken this law wholesale. In nearly every way the state could violate this law.

The law REQUIRES that the MDCH conduct these actions.

They have stolen money from you to put into the state general fund. Doesn't that bother you?

peanutbutter · November 10, 2011

The governor was doing his job and trying to save the state money. No alterior motives... this time. If LARA is more efficient, and our donations to the state can help more schools, then that is a good thing. Make sure you tell people how much we patients donate to Michigan schools.

So anyone can break the law if they have good intentions?

peanutbutter · November 10, 2011

The governor was doing his job and trying to save the state money. No alterior motives... this time. If LARA is more efficient, and our donations to the state can help more schools, then that is a good thing. Make sure you tell people how much we patients donate to Michigan schools.

It is NOT a "donation." It was stolen from the, now, underfunded program. And continues to be stolen every day.

cristinew · November 10, 2011

i would like to know where the money is going,it sure isnt going to study new conditions,

c2288420 · November 10, 2011

I agree with peanutbutter. 2008-2010 no problems with the law, then the new administration arrived and we are losing "something" everyday not just mm related. As I have said before these politicians are advancing their agenda against the sick and poor without any regards of the people and families they destroy. You are naive if you think the card will protect you from arrests imho. LEO will arrest you and the PA and courts will attempt to deny you the right to a defense. The AG opinions have become the foundation upon which LEO operates in some MI counties.

The MI Supreme court is bought and paid for by outside interests.MI Supreme Court(Campaign spending for Michigan Supreme Court seats was estimated at as high as $11.1 million, and most of the special-interest spending stayed hidden from public view. The state Republican and Democratic Parties channeled millions in secret money into election ads—evading accountability as they spent.) So while I hope for the best I am preparing for the worst.

Regards and peace,

maxmax · November 10, 2011

The governor was doing his job and trying to save the state money. No alterior motives... this time. If LARA is more efficient, and our donations to the state can help more schools, then that is a good thing. Make sure you tell people how much we patients donate to Michigan schools.

you mean like the lottery does we all no it's a fake

Kevin · November 10, 2011

The last figures I read is that they received more than $10+ million for cards from us. We're a $10+ million public nuisance.

I'm with ya PB. Lawmakers = lawbreakers.

The solution is easy. Just stop buying the card. They'll eventually get the message. The doc's rec makes you legal not a stinking plastic card.

The doctor is the gatekeeper. The state is the grim reaper. So much unneeded suffering they have caused, yet they seem to have no regrets.

I respect and honor the office but do not respect dishonorable elected officials. I will remember them all at the voting polls and do my part to send all known crooks back home. Let them try to find a job and feed their family.

Peace. :rock:

+kurt klaas · November 10, 2011

Blueberry, you state, "I hope that this document will be accepted for 'peer review.'"

So here's my feedback.

There may be someone out there, or many someones, who reads this post and as a result decides not the get the card, only a doctor's recommendation. But given the current policy of the state, which may indeed be unlawful in some aspects, a person with only a doctor's recommendation could be in for a great deal of legal complications and personal upheaval, if law enforcement where to become involved for some reason with such a person.

The only way to take on the state's illegal implementation of some parts of the law is for some group to sue the state or for an individual who has only a card and been arrested to take on the state. The simple act of believing that as a patient I do not have to comply with registering with the state is no protection whatsoever from having to undergo a possible long legal nightmare. You would have to go through a difficult legal process for the courts to agree with such an action, if they ever would. It is a very poor legal argument to justify breaking the law and not registering because the state is doing so itself. Maybe it would be possible to argue that the state makes it impossible to comply with the law, but the outcome would be a very uncertain.

You state, "Any patient that has received a doctors letter of recommendation has the complete protection, WITHOUT THE STATE ID CARD." Well, yes and no. You would have complete protection in the very end, after a long legal nightmare.

Therefore, I think it is important to clarify what exactly you are suggesting by this post. Are you suggesting no patient from hereon apply with the state for registration? If so, this would be very bad advice, in my opinion, without adding a very clear warning about possible legal complications. But if you are just pointing out, again, in another way, that the state is in fact not in compliance with the Act and that this should outrage every advocate,OK.

As always, I have great admiration for your sacrificial work for the mmj cause.

Thank you for your selfless advocacy for those who are unjustly looked down upon by many people in government and society as loosers, lazy pot heads, outcasts and irresponsible citizens. Just the kind of people Jesus defended and fought for.

Wild Bill · November 10, 2011

What is going on? ITs like they dont care what the voters say.

They don't.

+Silverblue · November 10, 2011

It was Peanutbutter, not blueberry who posted this.

Interesting views, I agree with Pb. Kevin is right on, too. I understand restorium's point too,, and all the others.

Sb

peanutbutter · November 10, 2011

Restructuring the MDCH saves the state money. No sense in bashing the right person for the wrong thing. You build better credibility by being real and understanding the issue. There are enough things Snyder does wrong. We don't need to make a big negative deal out of something that actually helps the state.

That's kinda like telling a rape victim to enjoy it.

peanutbutter · November 10, 2011

Getting pretty far out there aren't you?

Do you understand that this is how all the state programs work and have been that way for a long, long time?

Do you understand the process to change it like the DNR did?

You make it sound like we were singled out and we were not.

I don't mind if the cash goes into the general fund and then gets handed to the department. Don't mind that at all.

AS LONG AS THEY RETURN THE EXCESS FEES THEY COLLECTED.

The fees are to be set to the costs of the program. Nothing else.

We have been overcharged and the department underfunded by the states greed.

I don't feel like being happy about the state and their managing of the program.

rambozo420 · November 10, 2011

Just so people know If Mdch or Lara drops the ball and does not send a card.After 20 days Your paper work is Your card.

peanutbutter · November 10, 2011

I got some quality feedback.

I was wrong about the governor part.

Making an edit of the first post.

peanutbutter · 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. A doctors letter of recommendation is now all that is required to receive every protection of the law.

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. Doing so provides a document that might be used against themselves at a later date.

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 Attorney General has conspired with federal authorities to make every application a signed confession that could be used in court against the applicant.