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Attorney General: Police Can Seize Medical Marijuana


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Attorney General: Police can seize medical marijuana

 

http://www.freep.com/article/20111110/NEWS06/111110057/AG-Police-can-seize-medical-marijuana?odyssey=tab|topnews|text|FRONTPAGE

 

A provision of the Michigan medical marijuana law that prohibits police from seizing pot possessed by licensed medical marijuana patients is invalid because it conflicts with federal law, Attorney General Bill Schuette said in an opinion released today, one in which he warns officers who return marijuana to patients could be prosecuted as dope dealers.

 

 

 

“It is ‘impossible’ for state law enforcement officers to comply with their state law duty not to forfeit medical marijuana, and their federal law duty not to distribute or aid in the distribution of marijuana,” according to the opinion.

 

Schuette was responding to a request from state Rep. Kevin Cotter, R-Mt. Pleasant, who asked whether police were required to return marijuana to medical marijuana patients who had been arrested or detained upon their release.

 

An opinion from the attorney general is generally considered binding legal opinion, especially on state agencies like the Michigan State Police, unless and until it is rejected by a judge. It is the latest in a series of moves by the attorney general to narrow the scope and application of the law, approved by Michigan voters in 2008. Schuette, then a recently-retired state appeals court judge, led the campaign in opposition to the initiative.

 

 

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Once again medical cannabis is legal in the state of Michigan. Unless the said officer is a federal agent or under direct order of a federal agent they have no business taking it. In the case of the united states v. The state of Arizona the federal judge found that the states wanting to police whether a person was a legal citizen of the U.S. she found for the united states. They asserted as local, state and county police would be doing the job of the federal immigration department therefore they would have to be federal agents to enforce federal law. So how can any law enforcement officer not a federal agent enforce federal law. Boy bill is really getting his paybacks for the people of this state voting yes for prop 1.

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I almost can't take this on top of suffering every day . Doesn't this man understand how desperate people are to relieve their suffering because reality is cruel . If there worried about people profiting put price controls on it . We are a closed community with 55 Doctors our gatekeeper and you can find dozens of Michigan Laws in conflict with Federal like 18 year olds in Michigan can purchase a gun as long as it isn't' from a Federal Licensed Dealer . He should be impeached not recalled . They are so cruel constantly going after people trying to create illegalities and harm not help them . Good people whose care is being neglected because of all this . There is discrimination in all the State Hospitals with allot of people following his obsession and anger . Shame on all them to do this when many people are trying to be part of the solution and right their souls preparing for death . 1/7 people in severe chronic pain submit to suicide less then 1/2 are able to have personal relationships or marriages survive . These people are monsters how can the general population let them do this to patients . They use everything from oven cleaner to snail poison in FDA meds now . Who is he to deny cannabis a unique substance that is scientifically proved not to be replicateble by man yet . Marinol is toxic and just a fake version of one of 251 known cannabinoids . .

Edited by Croppled1
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I can guarantee you that any cop is not going to return your medicine to you after they are informed of this decision. They are not going to jeopardize their job or take a chance of Shutte charging them with a crime for giving it back to you.

The only thing that will put an end to this garbage is a lawsuit that costs the state big $$$$. This guy is not going to back off unless it costs him his job. We are at total war now with him. He will not compromise until a court tells him to, and that is not going to happen with the federal laws being what they are.

Don't carry your card in your wallet where an officer can accidently see it if you get pulled over for a minor violation. Don't wear a T-shirt with a green leaf on it if you are carrying. Don't give LEO a reason to search any further for anything, and don't even carry anything with you if you absolutely don't have to. That card is no longer a free pass. It might help you in court later, but its not going to help you on the street with attitudes like this in the state attorney general's office.

In short....go back underground. You have no rights despite what the people in this state voted for.

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I guess you have to consider when the marijuana is 'detained' or 'seized'. If the officer is sitting in his car, typing into his MDT and talking to the prosecutor on the phone - holding your 2.5 ounces in his lap. (inhaling deeply I bet!). If the prosecutor says "no case, give it back" - it is easier for the officer to give it back than to drive with your marijuana all day, take it into the dept, process it through crime lab, file paperwork, etc. Your 'legal meds' will cost him an hour of paperwork when he rather be going home.

 

If your marijuana has been processed into the crime lab, tossed among hundreds of other marijuana bags, paperwork filed, - it is easier for the officer to just 'close your case', and have the crime lab mark your marijuana for destruction - as SOP. Crime lab does not normally return seized drugs, so you can imagine the phone calls, the paperwork, and the chain of people that will stall saying "WTF!". Plus, since all the paperwork is done, no one really wants to start new round of paperwork, especially the officer that started the whole thing.

 

DN

Edited by The Digital Nomad
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The law says we are protected from our medication being siezed if we are in compliance with the act. Therefore, I believe they should destroy it if they illegaly sieze it. And then they should just compensate us in cash for the value of the medication. And I want the same guy that calculates the value of the marijuana from the street busts, to calculate the value of the siezed medication. That way if they siezed 4 ounces, they would have to give us the $4000.00 dollars that they would have reported to the news media if it had been a legitimate bust.

Right?

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This situation arises only because of law enforcement breaking the law.

 

The medicine is not subject to seizure to begin with. If they would obey the law, there wouldn't be the problem.

 

Federal law does not require state or local police to enforce federal law.

They don't have to seize it to begin with.

 

If they don't seize it, they don't have to risk breaking federal law by handing it back.

 

See? It's simple. Law enforcement just stop breaking our state law. No problem then.

 

What the AG, I believe, is doing is urging law enforcement to conduct illegal armed robberies of patients and caregivers.

 

This involves more than five people. Which is required for RICO charges.

 

I believe that those members of law enforcement that do the bidding of the Attorney General are involved in organized crime.

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The way it works is that the attorney general decides how to interpret laws and directs law enforcement on how to enforce them in the state.

 

The way you get his take changed is in court defending someone who was harmed by his opinion.

 

Until then, his opinion is as binding.

 

Only after a judge says he is/was wrong can you say the cops are not following the law. Sad but true and we need to face it.

 

For clarity, here is a hypothetical:

 

If the AG were to say that the laws about murder don't apply to law enforcement officers, would that make it legal for them until a court says he was wrong?

 

I think the officers conducting murders would be charged later. If not in Michigan, then perhaps someplace like Nuremberg.

 

end of hypothetical

 

I just read your post again .. It seems to justify a dictator in Michigan.

 

There is no law except what the AG says is law?

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Hypothetically, if a states attorney general did that then a judge would dive on it and overturn it quickly. That's why I said it was good that he overstepped. It might have held if he would have just said that the cops didn't have to pay restitution for damaged medicine. But he went too far and that may help us in the long run.

 

And all of that would not negate the possibility of RICO charges against the AG.

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You would have to prove the AG made money off his decision in an illegal way. Like if he was a cannabis dealer trying to get rid of his competition with his official opinion. Do you have evidence of this?

 

Thanks .. an element of RICO I overlooked.

 

No. I do not have any such evidence.

 

Unless you count his paycheck.

Edited by peanutbutter
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Hypothetically, if a states attorney general did that then a judge would dive on it and overturn it quickly. That's why I said it was good that he overstepped. It might have held if he would have just said that the cops didn't have to pay restitution for damaged medicine. But he went too far and that may help us in the long run.

 

So then .. what layer of court would have to rule against it to negate the legal effect of the AG opinion?

 

I believe one of those are about to take place.

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Attorney General: Police can seize medical marijuana

 

http://www.freep.com/article/20111110/NEWS06/111110057/AG-Police-can-seize-medical-marijuana?odyssey=tab|topnews|text|FRONTPAGE

 

A provision of the Michigan medical marijuana law that prohibits police from seizing pot possessed by licensed medical marijuana patients is invalid because it conflicts with federal law, Attorney General Bill Schuette said in an opinion released today, one in which he warns officers who return marijuana to patients could be prosecuted as dope dealers.

 

 

 

“It is ‘impossible’ for state law enforcement officers to comply with their state law duty not to forfeit medical marijuana, and their federal law duty not to distribute or aid in the distribution of marijuana,” according to the opinion.

 

Schuette was responding to a request from state Rep. Kevin Cotter, R-Mt. Pleasant, who asked whether police were required to return marijuana to medical marijuana patients who had been arrested or detained upon their release.

 

An opinion from the attorney general is generally considered binding legal opinion, especially on state agencies like the Michigan State Police, unless and until it is rejected by a judge. It is the latest in a series of moves by the attorney general to narrow the scope and application of the law, approved by Michigan voters in 2008. Schuette, then a recently-retired state appeals court judge, led the campaign in opposition to the initiative.

 

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This guy is a total BUCKETHEAD..I wonder if he goes to bed at night and wonder how can I screw then around tomorrow even more than today..An opinion is just what it is an OPINION it's not law and shouldn't be considered or interpreted as such..So what they are saying is that if Mr Buckethead says that in my opinion I don't like the way something is being done than his opinion is automatically binding law!!!! Give me a break..And it seems as though he is trying to put a little fear into LEO also...He must have been beat down a lot as a kid.

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