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Is This Headline Misleading?

peanutbutter

By peanutbutter
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peanutbutter Advanced Member

peanutbutter

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The headline was:

 

 

Here is what the AG said

It is my opinion, therefore, that section 4(h) of the Michigan Medical Marijuana Act, MCL 333.26424(h), which prohibits the forfeiture of marihuana possessed for medical use, directly conflicts with and is thus preempted by, the federal Controlled Substance Act, 21 USC 801 er seq., to the extent section 4(h) requires a law enforcement officer to return marihuana to a registered patient or primary caregiver upon release from custody.

 

Law enforcement can not return cannabis to a patient or caregiver.

 

The Detroit Free Press claims that the AG gave every leo in Michigan a green light to grab every bit they can find.

 

Since most law enforcement has never read the law, they are relying on information sources such as newspaper headlines.

 

This newspaper places over one hundred thousand citizens of Michigan at risk of having their incorrect interpretation exercised against completely innocent people. Urging law enforcement to break the law that says they can't seize the material to begin with.

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MichiganLawyer Advanced Member

MichiganLawyer

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You're reading into the headline and making a giant leap with that interpretation. The fact is police CAN seize medical marijuana. In every circumstance? No. But there is nothing prohibiting police from seizing if you are, say, over your weight limits.

 

Police can seize ANYTHING that's illegally possessed. I don't think that means a cop is going to run out and seize every handgun they see just because some are illegally possessed. What if the headline read "Police Can Seize Handguns"? Or "Police Can Drink Alcohol"?

 

I agree that the headline seems incongruous to the rest of the article but to make the suggestion you are making is to interpret the headline with a child's eye.

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peanutbutter Advanced Member

peanutbutter

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You're reading into the headline and making a giant leap with that interpretation. The fact is police CAN seize medical marijuana. In every circumstance? No. But there is nothing prohibiting police from seizing if you are, say, over your weight limits.

 

Police can seize ANYTHING that's illegally possessed. I don't think that means a cop is going to run out and seize every handgun they see just because some are illegally possessed. What if the headline read "Police Can Seize Handguns"? Or "Police Can Drink Alcohol"?

 

I agree that the headline seems incongruous to the rest of the article but to make the suggestion you are making is to interpret the headline with a child's eye.

 

I read that headline as someone with thirty five years in prison hanging over my head.

 

Arrest them all and let the courts sort it out?

 

That means a PLAN to arrest innocent people.

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mike44 Advanced Member

mike44

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It should have become apparent to everyone by now that bs is against the medical marijuana act and wants it destroyed. It should also be apparent that he will and is using his position legally and illegally to attain this. He was not happy that the law passed, and has a personal vendetta against the people who are helped by medical marijuana. Unfortunately in his current position, he gets to interpret the law as he sees fit. The low-life crap he is doing is undoubtedly illegal, but until it makes it's way through the courts it stands. By the time it makes it through the courts, it may be too late for many of us. It takes money to file lawsuits and challenge his decisions, and I don't see that we have this money. The general population is not very aware of what he is doing, and the only chance we have is to get the word out to the public. The media is mainly reporting his side of the story, and it is being made to look like the majority of registered patients and caregivers are abusing the act, when in fact the ag is abusing his position to persecute an innocent group of people, who had the backing of the voters.

His lies and manipulations are poisoning the minds of the public, and he is moving forward very quickly with his campaign of hate. Unless we can get the truth into the publics hands, I don't thing thing will go well for us. If we are unable to file some major lawsuits against the illegal actions he and the state are taking we are in for a whole lot of problems. If the majority of the public could be made aware of what he is actually doing, they would probably become just as outraged as we are. That and legal actions are our only real chance, because he's not going to let up until he is forced to.

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peanutbutter Advanced Member

peanutbutter

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You're reading into the headline and making a giant leap with that interpretation. The fact is police CAN seize medical marijuana. In every circumstance? No. But there is nothing prohibiting police from seizing if you are, say, over your weight limits.

 

Police can seize ANYTHING that's illegally possessed. I don't think that means a cop is going to run out and seize every handgun they see just because some are illegally possessed. What if the headline read "Police Can Seize Handguns"? Or "Police Can Drink Alcohol"?

 

I agree that the headline seems incongruous to the rest of the article but to make the suggestion you are making is to interpret the headline with a child's eye.

 

The fact is that the police CAN NOT seize medical marijuana.

 

That is a plain and simple statement in the law itself. A black and white statement. Ain't no "gray area." As long as the patient has less than that 2.5 or 12.

 

What this headline does is seem to give law enforcement permission to seize ANY medical marijuana they come across.

THAT is the dangerous part.

 

It wouldn't be so bad if law enforcement actually read and understood the law. But that's not the case.

 

Law enforcement is learning about this law by way of TV and headlines. If the TV and headlines say "grab it all" that's what some of them will do.

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peanutbutter Advanced Member

peanutbutter

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The fact is that the police CAN NOT seize medical marijuana.

 

That is a plain and simple statement in the law itself. A black and white statement. Ain't no "gray area." As long as the patient has less than that 2.5 or 12.

 

What this headline does is seem to give law enforcement permission to seize ANY medical marijuana they come across.

THAT is the dangerous part.

 

It wouldn't be so bad if law enforcement actually read and understood the law. But that's not the case.

 

Law enforcement is learning about this law by way of TV and headlines. If the TV and headlines say "grab it all" that's what some of them will do.

 

So if they do indeed "grab it all" then someone has to decide what to do when the courts kick out the case.

 

When a case is kicked out, that is the time when the officer finds out it may have been illegal to arrest and seize. The officer broke the law.

 

This is the only area that Bill Schuette was talking about. The correct course of action when the system finds out they arrested an innocent person.

 

Schuette says screw the innocent.

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petoskeystoned Advanced Member

petoskeystoned

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Emmet County is probably in the bushes going through their list of patients as we speak. Don't sign the warrant, beat the patients, lie to the judge. Snatch and grab, charge a few. The ones that don't stick they will railroad into submission. The ones that do, will be mistaken as being illegal by the public partly due to the media and their one sided opinions. Either way, they don't, and won't, give it back.

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