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Mm Patient Bill Of Rights


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On November 8th, 2008, by a majority of 63 percent, the citizens of the State of Michigan voted into law the constitutional initiative,Initiated Law 1 of 2008, ratified into law December 4, 2008, herein referred to as the Michigan Medical Marihuana Act, MCL 333.26421 et seq. (the “MMMA”).

 

 

The voters of the State of Michigan, who at that time had no reason to believe a need to prevent misconstruction, misinterpretation, or abuse of its intent, upon this day declare that certain basic rights afforded all the citizens of Michigan are not being recognized for the medical marihuana community, to the extent that the following rights must be decreed, declared,recognized, and adopted, as the

 

 

Medical Marihuana Patient Bill of Rights

 

All patients possess the following rights, without limitation:

 

 

1. There shall be a presumption that registered patients and their caregivers are in compliance with the MMMA.

 

2. The right to be treated reasonably, with dignity and respect, bylaw enforcement and the government, and by the medical community and private business in general. “Reasonable” should be based in part upon the best available medicine and science, and not upon emotion or politics.

 

3. The right to be protected against arrest, prosecution, or any penalty.

 

4. The right to be free from searches, seizures, and forfeiture.

 

5. The right to equal protection under the law.

 

6. The right to privacy, of any and all information related to patient or caregiver status.

 

7. The right to the best medical care, and to the best medication in the proper delivery form, to treat their condition, disease, or debilitation.

 

8. The right to safe, immediate access to a continuous supply of medication to treat their condition, disease, or debilitation, and the right to a choice of where to obtain that medication.

 

9. The right to equal employment.

 

10. The right to equal and fair housing.

 

11. The right to be protected from denial of custody or visitation of a child.

 

12. The right to speak, the right to remain silent, and the right to counsel.

 

13. The right to civil remedies and punitive damages against those who violate any of these rights.

 

14. The right to prosecute those who violate the protections of the MMMA.

 

15. The right to protection under the Victim Rights Act of Michigan.

 

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ya, seems maybe just a mention of

 

the Right to all protections afforded Michigan Citizens under the Michigan Right to Farm.

 

The Right to make their own Inalienable Medical Choice, Free from any Federal Or State or Local Government Intervention of Any kind, whether by amendment, Legislative Rule, Memorandum, or decree.

may need to be added. As the REPUBS like this kind of wording

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Could you add... The right to not be coerced into a search by LE by threatening to call Child Protective Services if patients don't allow them to search without a warrant.

 

Something like that. Patients are getting their kids taken away, and/or the police are threatening patients with it, if they don't allow a search. Not sure who it happened to but I know it was someone who told their story on here. More than one if memory is right.

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I saw advocates who before stated patients had a right to internal possession and to drive , work or go to school using grants or loans like on any other medication once they were used to the effects . A majority of patients drive after becoming accustom to side effects like on any other medicinal item is this a hot potato nobody wants to address ?

 

"Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

 

(b) This act shall not permit any person to do any of the following

 

 

 

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

 

(5) Use marihuana if that person does not have a serious or debilitating medical condition.

 

© Nothing in this act shall be construed to require:

 

 

 

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act..

 

( zero tolerance law ) ?

 

Just so patients understand 2 ng and 5 ng laws passed in other States equal zero tolerance most patients would test over 50 ng where employment screens usually cut off and many higher . I am suprised nobody has done a blood study on patients . As with most medications keeping even dosing in ones blood plasma is often a requirement of stable care , positive benefit and effect . Sadly common perception is not applying this to cannabis . I was told if one obeys all traffic laws and keeps their car properly maintained it reduces the chances of conflict significantly . Just on numbers of users reflected by Government statistics in society alone over 1/20 accidents will involve a cannabis user as they put use in the adult population at 5-6% inspite of the illegality for non patients . I would be interested in hearing the actual reports .

 

I too want to thank you Mr Komorn , BB , staff , and every individual on the program and or helping patients . We are disabled often not understood or able to do a normal days activity but together little by little we are all making a difference .

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missing is the "absolute right to present a defense to any charges involving marihuana" quoting straight out of the initiative.

 

please add or amend where you see fit. I want this to be the main document that we give to the Judiary Committee. Please help.

Mr K,

I think it should be worded that " a medical marijuana defense is an absolute unabridgable civil right",and that "there shall be" a presumption of innocence whenever a valid registry card is presented !!!!

We MUST MAKE them play by the rules of the act thus the unabridgable phrasing.

 

As an aside, let me say THANK YOU for all you have done, and continue to do for this community of patients and caregivers.

Your bravery is commendable Sir.

Thank you and Godspeed to you and your family..

My Rasta heart sends you only Love and Peace as you do battle for us.

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  • 3 weeks later...

Sparky,

 

they LIE. Simply do not believe them as if you think they are going to "help you" by playing good cop (who says they will help you) when their partner who threatens arrest you (bad cop) is a joke -- THEY ARE GOING TO DO WHAT THEY WANT TO ANYWAY.....Your only job is to say NO -- I WANT MY LAWYER.

 

If you think you can talk or cooperate your way out of it YOU ARE WRONG as anything they say is a lie --- THEY CAN AND WILL (LEGALLY) LIE TO YOU.

 

LEO CAN LIE WITH IMPUNITY---remember that. They can lie to your face and say anything they want -- do not believe them as if your doing nothing wrong, protective services cannot do anything anyway. Your question assumes guilt. Do not get in that old mind-set. Your doing nothing wrong, right?

 

Say NO to requests to search --- do not explain or talk why, as your talking your way into a Hole -- say NO NO NO NO NO NO NO, talk to my Lawyer. That's it.

 

Anything more and you incriminate yourself. They do this for a living and are very "willy-e-coyote " about it some are even dishonest......

 

Google "Flex your Rights" and watch them -- they are good short videos on how to safely deal with the issues in common sense language. But above all do not answer their questions and do not talk, refuse any demands to search as by allowing or consenting to A SEARCH YOU INSTANTLY MAKE IT ADMISSIBLE IN COURT (or worse) --you make it so they can set you up. Take the famous advise We all know by now --keep your mouth (stay silent) shut and "just say NO' I want my Lawyer " --

 

threatening to call protective services is an attempt to coerce you -- why would you comply? Your doing nothing wrong. Tell them to call your lawyer and ask if your free to go ....if yes, leave. If no, then your under arrest.

 

The LEO (cops) will do what they want anyway ......by the time your dealing with them, it is too late and nothing you do will change that.

 

Be nice, be polite, but be firm not to talk....it can only make it worse. If they ask to search say NO. Do not waive Constitutional Rights People died to give you and I .....and if they ask why -- do not answer it's a sucker question to trick you.

 

LEO seems to think they have the right to search anyone at will (and they do FOR WEAPONS only, to make sure they are safe) it is not for baggies or joints or MM --- finally, as everything you say can and will be used against you -- say nothing is the only way to go.

 

these are well known rights but people screw up almost every time -- just say nothing as everything you say can and will be used against you -- given that statement, I would not say anything !!!

 

 

M10

 

Could you add... The right to not be coerced into a search by LE by threatening to call Child Protective Services if patients don't allow them to search without a warrant.

 

Something like that. Patients are getting their kids taken away, and/or the police are threatening patients with it, if they don't allow a search. Not sure who it happened to but I know it was someone who told their story on here. More than one if memory is right.

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