Judge Rules Marijuana No Longer Schedule 1 In Michigan

[Dilligaf]

Thought this was deserving of its own thread

 

View PostThe Digital Nomad, on 19 December 2011 - 06:33 AM, said:

Feel free to post the direct link to a document that says marijuana is not schedule 1 anymore

 

Thanks!

 

DN

 

 

http://marijuanapatients.org/Legal/oakland-county-michigan-reclassifies-marijuana-from-a-schedule-1-narcotic.html

 

http://neilrockindpcblog.com/2011/11/05/the-ruling-repealing-marijuana-as-a-schedule-1-controlled-substance/

 

Here's the first 2 I found in a quick Google search. In Oakland County even.

 

Mike

 

Here's an interesting argument by Matt Abel since DN likes to quote him so much http://norml.org/pdf_files/brief_bank/Michigan_v_Burnell.pdf

[cristinew]

This is the Main reason BS wants to change our law,

 

33.26422 Findings, declaration.

 

2. Findings.

 

Sec. 2. The people of the State of Michigan find and declare that:

 

(a) Modern medical research, including as found by the National Academy of Sciences' Institute of Medicine in a March 1999 report, has discovered beneficial uses for marihuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions.

 

This was voted in by WE THE PEOPLE

 

MCL 333.7211 Schedule 1; placement of substance.

 

Sec. 7211.

 

The administrator shall place a substance in schedule 1 if it finds that the substance has high potential for abuse and has no accepted medical use

 

Now we the people have voted to change that,

Now its time for the state of michigan to obey the law,

[bobandtorey]

From Oakland County great we will be FREE soon

 

OPINION FILED /ORD DENY MTN TO DISMISS/GRANT MTN TO PR

what ever this means

[The Digital Nomad]

despite the works of a few judges and attorneys - it has not changed anything yet

 

"The United States Supreme Court has ruled in United States v. Oakland Cannabis Buyers' Coop and Gonzales v. Raich that it is the federal government that has the right to regulate and criminalize cannabis, even for medical purposes. "

 

http://en.wikipedia...._Buyers%27_Coop

 

http://en.wikipedia....nzales_v._Raich

 

Gonzales v. Raich (previously Ashcroft v. Raich), 545 U.S. 1 (2005), was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes.

 

Again, no changes in scheduling of the drug, but the MMMAct gave you defenses.

 

new patients should consult a lawyer I guess, as this public forum has such a wide opinion on the law.

 

DN

[thanks2]

The federal scheduling is not the subject at hand. Michigan schedules their own drugs in the Public health code, they just tend to follow federal guidelines. The decision is a low level decision and does not become the law of the land, but it could if the coa does not overturn it.

[cristinew]

We are talking about michigan law, what we voted on , and the state not upholding our law that we voted on,

[nexplosion]

About time.

[cristinew]

thats is what i thought that said,,,someone should contact him ,,

[flyinstringbean]

AH,but it does Brighten up the day!

[mibrains]

From Oakland County great we will be FREE soon

 

OPINION FILED /ORD DENY MTN TO DISMISS/GRANT MTN TO PR

what ever this means

it says :

opinion filed. order to deny motion to dismiss. granted motion to proceed.

it means your motion to dismiss was denied, not necessarily your legal defense....

without more information all we can see is this means the motion to dismiss was denied....and they are going to proceed with the case..

i am so sorry bob for your troubles....

its not fair that any person is incarcerated or even bothered in Michigan..or any state really..just over growing a plant...

i will continue to pray and send good thoughts towards you and your family bob.

[MMJ Intern]

Hooray

[lawyercaregiver]

I will throw out a wild guess that the judge is saying the MMMA defense is up to the jury? That is the only reasonable explanation I can imagine- of course this IS Oakland County.

[thatoneartist]

Thought this was deserving of its own thread

 

View PostThe Digital Nomad, on 19 December 2011 - 06:33 AM, said:

Feel free to post the direct link to a document that says marijuana is not schedule 1 anymore

 

Thanks!

 

DN

 

 

http://marijuanapatients.org/Legal/oakland-county-michigan-reclassifies-marijuana-from-a-schedule-1-narcotic.html

 

http://neilrockindpcblog.com/2011/11/05/the-ruling-repealing-marijuana-as-a-schedule-1-controlled-substance/

 

Here's the first 2 I found in a quick Google search. In Oakland County even.

 

Mike

 

Here's an interesting argument by Matt Abel since DN likes to quote him so much http://norml.org/pdf_files/brief_bank/Michigan_v_Burnell.pdf

 

 

 

what does it not being schedule 1 mean to someone getting sentenced for a felony grow operation?

[kruztydj]

Nothing as you are convicted already if your into sentencing. This ruling from the lower court changes nothing anyways, not binding..

[thatoneartist]

Nothing as you are convicted already if your into sentencing. This ruling from the lower court changes nothing anyways, not binding..

 

 

well I'm not into sentencing...although i will be soon as i am pleading guilty Jan 10....but either way my lawyer shouldn't mention it being changed to a schedule 1?