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New Petition Drive For Michigan

peanutbutter

By peanutbutter
in Volunteerism - MMMA Support

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peanutbutter Advanced Member

peanutbutter

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NO CASE INVOLVING MARIHUANA SHALL BE REFERRED FOR FEDERAL PROSECUTION BY ANY STATE OR LOCAL AGENCY IN MICHIGAN UNLESS THERE IS SOME OTHER SUSPECTED VIOLATION OF FEDERAL LAW IN THAT SAME CASE THAT DOES NOT INVOLVE THE POSSESSION, MANUFACTURE OR TRANSPORTATION OF MARIHUANA.

 

 

what does this mean for gun ownership?

 

That would leave gun owners exposed.

 

There would be other areas also.

 

In the case of gun ownership, a local leo would be able to call the feds and pass on information about a person caught with a joint and a 22.

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free country 420 Advanced Member

free country 420

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Sec. 7401.

(1) Except as authorized by this article, a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form. A practitioner licensed by the administrator under this article shall not dispense, prescribe, or administer a controlled substance for other than legitimate and professionally recognized therapeutic or scientific purposes or outside the scope of practice of the practitioner, licensee, or applicant.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and:

(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

(ii) Which is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony and punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

(iv) Which is in an amount less than 50 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.

(b) Either of the following:

(i) A substance described in section 7212(1)(g) or 7214©(ii) is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.

(ii) Any other controlled substance classified in schedule 1, 2, or 3, except marihuana is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both.

© A substance classified in schedule 4 is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(d) Marihuana or a mixture containing marihuana, AND WHO IS UNDER 21 YEARS OF AGE, is guilty of OR RESPONSIBLE FOR AN OFFENSE punishable as follows:

If the amount is 45 1,000 (ONE THOUSAND) kilograms or more, or 200 1,000 (ONE THOUSAND) plants or more, IS GUILTY OF A FELONY PUNISHABLE by imprisonment for not more than 15 FOUR years or a fine of not more than $10,000,000.00 $10,000.00 (TEN THOUSAND DOLLARS), or both.

If the amount is 5 100 (ONE HUNDRED) kilograms or more but less than 45 1,000 (ONE THOUSAND) kilograms, or 20 100 (ONE HUNDRED) plants or more but fewer than 200 1,000 (ONE THOUSAND) plants, IS GUILTY OF A HIGH MISDEMEANOR PUNISHABLE by imprisonment for not more than 7 2 (TWO) years or a fine of not more than $500,000.00 $5,000.00 (FIVE THOUSAND DOLLARS), or both.

If the amount is less than 5 50 (FIFTY) kilograms or fewer than 20 plants MORE BUT LESS THAN 100 KILOGRAMS, OR 50 PLANTS OR MORE BUT FEWER THAN 20 100 (ONE HUNDRED) plants, IS GUILTY OF A MISDEMEANOR PUNISHABLE by imprisonment for not more than 4 1(ONE) year or a fine of not more than $20,000.00 $1,000.00 (ONE THOUSAND DOLLARS) or both.

IF THE AMOUNT IS LESS THAN 50 KILOGRAMS, OR FEWER THAN 50 PLANTS, IS RESPONSIBLE FOR A CIVIL INFRACTION WITH A MAXIMUM FINE OF NOT MORE THAN $500.00.

 

(e) A substance classified in schedule 5 is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(f) A prescription form or a counterfeit prescription form is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both.

(3) A term of imprisonment imposed under subsection (2)(a) may be imposed to run consecutively with any term of imprisonment imposed for the commission of another felony.

(4) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking resentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking resentencing under this subsection.

(5) As used in this section, "plant" means a FLOWERING FEMALE marihuana plant that has produced cotyledons or a cutting or a marihuana plant that has produced cotyledons.

 

 

 

 

 

 

 

 

 

 

 

what does all of this part really mean it looks like the penalties are tuffer

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free country 420 Advanced Member

free country 420

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if thats the case then this seems a little harsh for a teenager......

 

 

 

 

iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both

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hofner67 Advanced Member

hofner67

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if thats the case then this seems a little harsh for a teenager......

 

 

 

 

iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both

 

there are two sets of punishments---one for scheduled drugs, for which you are now citing, for which marijauna has been removed and then penalties for those under 21. You cited both previously within the same post.

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hofner67 Advanced Member

hofner67

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so a kid could get 20 years for haveing a QP and have a fine of up 2 250,000

 

For a qp of a scheduled drug such as herion, yes...for everyone, Scheduled drugs(1 and 2) not pot

 

under 21 for marijuana: 50 kilos or 50 plants is a civil infraction

 

This is the schedule for pot for those under 21

 

(d) Marihuana or a mixture containing marihuana, AND WHO IS UNDER 21 YEARS OF AGE, is guilty of OR RESPONSIBLE FOR AN OFFENSE punishable as follows:

If the amount is 45 1,000 (ONE THOUSAND) kilograms or more, or 200 1,000 (ONE THOUSAND) plants or more, IS GUILTY OF A FELONY PUNISHABLE by imprisonment for not more than 15 FOUR years or a fine of not more than $10,000,000.00 $10,000.00 (TEN THOUSAND DOLLARS), or both.

If the amount is 5 100 (ONE HUNDRED) kilograms or more but less than 45 1,000 (ONE THOUSAND) kilograms, or 20 100 (ONE HUNDRED) plants or more but fewer than 200 1,000 (ONE THOUSAND) plants, IS GUILTY OF A HIGH MISDEMEANOR PUNISHABLE by imprisonment for not more than 7 2 (TWO) years or a fine of not more than $500,000.00 $5,000.00 (FIVE THOUSAND DOLLARS), or both.

If the amount is less than 5 50 (FIFTY) kilograms or fewer than 20 plants MORE BUT LESS THAN 100 KILOGRAMS, OR 50 PLANTS OR MORE BUT FEWER THAN 20 100 (ONE HUNDRED) plants, IS GUILTY OF A MISDEMEANOR PUNISHABLE by imprisonment for not more than 4 1(ONE) year or a fine of not more than $20,000.00 $1,000.00 (ONE THOUSAND DOLLARS) or both.

IF THE AMOUNT IS LESS THAN 50 KILOGRAMS, OR FEWER THAN 50 PLANTS, IS RESPONSIBLE FOR A CIVIL INFRACTION WITH A MAXIMUM FINE OF NOT MORE THAN $500.00.

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peanutbutter Advanced Member

peanutbutter

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Just a thought. Simply state in a document, in plain language, the intent of the initiaive is to remove from statue, decriminalize for personal use..... JMHO, Thanks, bb

 

Leaves a mess in the law. I suggested that also.

 

This is a clean up. Every location in the existing laws specifically targeted.

 

ANYTHING that could be used against a patient at the Oakland County Rail Road station will be gone.

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