Jackson Medical Marijuana Likely To End Up In Court, Advocates Say

[cristinew]

Cannabis is not legal in Michigan at all

 

FILED MAY 31, 2012

S T A T E O F M I C H I G A N

SUPREME COURT

 

S T A T E O F M I C H I G A N

SUPREME COURT

 

III. ANALYSIS

 

The MMMA does not create a general right for individuals to use and possess

marijuana in Michigan. Possession, manufacture, and delivery of marijuana remain

punishable offenses under Michigan law.24 Rather, the MMMA’s protections are limited

 

Here are the Protections

A qualifying patient who has been issued and possesses a registry

identification card shall not be subject to arrest, prosecution, or penalty in

any manner, or denied any right or privilege, including but not limited to

civil penalty or disciplinary action by a business or occupational or

professional licensing board or bureau, for the medical use of marihuana[28]

in accordance with this act, provided that the qualifying patient possesses

an amount of marihuana that does not exceed 2.5 ounces of usable

marihuana, and, if the qualifying patient has not specified that a primary

caregiver will be allowed under state law to cultivate marihuana for the

qualifying patient, 12 marihuana plants kept in an enclosed, locked facility.

 

Clearly, § 4 applies only to “qualifying patients” who have obtained registry cards.

 

How hard is this to understand?

Edited June 7, 2012 by cristinew

[man of steel]

That was why i pointed it out. Just hoping others start to pick up on it and not use that term that is being used to degrade home grown cannabis as being unsafe if not tested or... what i said previously quoted there.

 

:-)

Hahaha...

Who made that up?

Wait I know its CPU (Canadian Pharm. Unlimited)

[cristinew]

did anyone read the supreme court ruling? looks like they have not

[cristinew]

The MMMA does not create a general right for individuals to use and possess

marijuana in Michigan. Possession, manufacture, and delivery of marijuana remain

punishable offenses under Michigan law.24 Rather, the MMMA’s protections are limited

 

Mi Supreme Court

 

The rest is all for the AD good luck

[mibrains]

for sure Zap...

 

i would like to ask another question if i might...

 

since we are talking about it and all...

 

i wonder if this would be safe...

 

hypothetically speaking...and with all aforementioned verbal warnings about reason and accountability...

 

DO NOT TRY THIS AT HOME ! ! !

 

Would it be ok for one of my patients to have a patient (family in this case) as a patient, and be their registered caregiver...knowing full well that they cannot grow for themselves and the medicine and cookies come from me?

 

i have been presented with this scenario and feel like it would be safe, but i am wondering what the community feels about it...

because we are all connected would it be ok for my patient to have a patient? family or not?

.

[cristinew]

Yes i believe your patient can have a patient you can supply your patient , your patient can supply his patient,

 

looks good to me

[peanutbutter]

I hope that all would concede that giving patients or caregivers advice that transfers outside of the registered relationship are protected is bad advice?

 

Interesting .. to concede it would be bad. To advise it would be bad also.

 

It would also be a very bad thing to agree with our enemies on every point.

 

If we concede every point, they will simply say there is no MMMA.

 

Are there not judges that have already said the MMMA is unconstitutional?

So doesn't that mean there is now NO LAW AT ALL!!!

 

Right?? One judge said it .. end of story. we have no more medical marijuana law in Michigan.

 

With that in mind, all advice should be simple .. just don't.

 

No .. I will NOT concede away ANYTHING. I will temper advise, but I will NOT agree with a lie that says something is illegal.

[mibrains]

Yes i believe your patient can have a patient you can supply your patient , your patient can supply his patient,

 

looks good to me

 

thank u i was thinking it was probably safe but i thought to be sure i would pose it to the community...

 

it almost seems these days that the things i thought i "knew" are constantly changing....

 

human knowledge is growing exponentially with the introduction of the internet...

 

some say that we become disconnected but i have met a whole lot of great people in person as a result of conversations on this site alone...so i would argue that the web draws us into a closer and more involved lifestyle.

[cristinew]

Cannabis is not legal in michigan, The MMMA does provide protections from Arrest for patients and caregivers, learn what the protections from arrest are.. stated in the act and by The Michigan Supreme court,

[Celliach]

for sure Zap...

 

i would like to ask another question if i might...

 

since we are talking about it and all...

 

i wonder if this would be safe...

 

hypothetically speaking...and with all aforementioned verbal warnings about reason and accountability...

 

DO NOT TRY THIS AT HOME ! ! !

 

Would it be ok for one of my patients to have a patient (family in this case) as a patient, and be their registered caregiver...knowing full well that they cannot grow for themselves and the medicine and cookies come from me?

 

i have been presented with this scenario and feel like it would be safe, but i am wondering what the community feels about it...

because we are all connected would it be ok for my patient to have a patient? family or not?

.

 

I don't think what you're saying is safe at all. Mostly because of the phrase "knowing full well." If you knew your patient was transferring your medicine to a patient not registered to you it may very well be illegal. If you didn't know the transfer was happening it would be a different story. The court would probably have to prove intent on your part.

[peanutbutter]

 

 

It is not a lie to say that Farmer's Markets are not legal. You might like it to be phrased differently, but it is true.

 

EXACTLY WHICH LAW DO THEY BREAK?

 

EXACTLY WHAT MAKES THEM ILLEGAL, BESIDES SOMEONE HERE SAYING SO?

[Shredder]

 

 

Unambiguous compliance is a policy for posting on the site, not for behavior in the real world.

 

In the real world, the MMMA is not the entity that decides policy.

 

If I read MK's statement right I thought it was a policy for moderators to adhear to not posters. Hard to believe he meant to ban talk about what is clearly happening in some places. Did I get that wrong?

[peanutbutter]

Patients and caregivers ask what is legal. Farmer's Markets are not, right?

 

Again .. exactly what law says Farmers Markets are illegal?

 

Until you can quote the law, I insist you stop inventing such crimes where none exist.

 

I would agree that there is danger in running a Farmers Market right now. That courts MIGHT determine they are illegal in the future.

 

BUT RIGHT NOW there has NEVER been a law passed against them. And we're NOT supposed to be passing out advise based on what MIGHT be in the future .. RIGHT?

[cristinew]

S T A T E O F M I C H I G A N

SUPREME COURT

FILED MAY 31, 2012

 

II. STANDARD OF REVIEW

 

These cases present issues of statutory interpretation. We review questions of

statutory interpretation de novo.21

III. ANALYSIS

A. THE MICHIGAN MEDICAL MARIHUANA ACT

The MMMA was proposed in a citizen’s initiative petition, was elector-approved

in November 2008, and became effective December 4, 2008.22 The purpose of the

MMMA is to allow a limited class of individuals the medical use of marijuana, and the

act declares this purpose to be an “effort for the health and welfare of [Michigan]

 

The MMMA does not create a general right for individuals to use and possess

marijuana in Michigan. Possession, manufacture, and delivery of marijuana remain

punishable offenses under Michigan law.24 Rather, the MMMA’s protections are limited

 

Learn the limits from arrest and what you could use the AD for

[cristinew]

protections from arrest do not include farmers markets , its not in the act, you may have to use the AD if you get into a bind

Edited June 7, 2012 by cristinew

[peanutbutter]

There is only one thing that has happened in recent years that would have made Farmer's Markets legal, and that is the MMMA of 2008. Did it do that? No.

 

O no.. not that crappy nether world stuff.

 

I asked for a specific law .. not that gray, floating on clouds crap.

[peanutbutter]

protections from arrest do not include farmers markets , its not in the act, you may have to use the AD if you get into a bind

 

So "transfer" and "delivery" are legal IF they don't take place at a farmers market?

[peanutbutter]

I hate this .. this site has suddenly turned into a mouthpiece for Bill Schuette.

 

Laws are being invented where none existed before and we are being required to teach new people that these fabrications are in fact law.

 

I won't buy into it.

 

 

[peanutbutter]

Telling a lie about the law and using power to inflict that version on everyone else is repulsive.

 

Pure propaganda being told to help the system to put us in jail.

 

With the help of the good staff here.

[peanutbutter]

 

 

Outside of the MMMA of 2008, cannabis is, unfortunately, still classified as an illegal drug.

 

Dodged it again, did you?

 

As did everyone else ..

 

Where is that law you insist exists?

 

It's a pure figment of imagination. Being promoted as truth.

[Celliach]

Again .. exactly what law says Farmers Markets are illegal?

 

Until you can quote the law, I insist you stop inventing such crimes where none exist.

 

I would agree that there is danger in running a Farmers Market right now. That courts MIGHT determine they are illegal in the future.

 

BUT RIGHT NOW there has NEVER been a law passed against them. And we're NOT supposed to be passing out advise based on what MIGHT be in the future .. RIGHT?

 

The Controlled Substance Act would make them illegal if they don't fall under the protection of the MMMA. Since we do not know if they have protection under the MMMA, evidence so far points to the fact that they don't, we cannot say for sure whether they are legal or not. As such we cannot publicly condone or support farmer's markets anywhere in the state no matter who runs them.

[peanutbutter]

UNDERSTAND THIS!!

 

People here invented a law against marijuana people.

 

This is the kind of stuff that puts you and I in jail.

 

And it's being promoted right here ..

[Shredder]

So far on transfers all we have is opinions. The courts have not agreed so far. If the supremes rule as the language seems to show in, section 8, that transfer are legal between cardholders, then we retake prop one. Of course there is that sticky thing about needing arrest to get section 8 protections. I guess we will know unambiguously soon........shredder

[peanutbutter]

 

 

The Controlled Substance Act would make them illegal if they don't fall under the protection of the MMMA. Since we do not know if they have protection under the MMMA, evidence so far points to the fact that they don't, we cannot say for sure whether they are legal or not. As such we cannot publicly condone or support farmer's markets anywhere in the state no matter who runs them.

 

There is NOTHING to indicate the building is illegal. Simply putting a sign on the outside of the building does not make the building a crime.

 

I can't believe how gullible folks here have become ..

 

There is no law against Farmers Markets. There is no law against dispensaries.

 

Those kind of buildings MIGHT have illegal activities take place within them. Those actions, when they DO take place, are crimes. For instance, a person sells to another person that isn't a patient. That action is illegal.

 

Does the person get charged with "running a farmers market?" NO .. That's silly. The charge would be something about selling marijuana.

 

Does that single action make the building illegal? Silly again.

[Celliach]

There is NOTHING to indicate the building is illegal. Simply putting a sign on the outside of the building does not make the building a crime.

 

I can't believe how gullible folks here have become ..

 

There is no law against Farmers Markets. There is no law against dispensaries.

 

Those kind of buildings MIGHT have illegal activities take place within them. Those actions, when they DO take place, are crimes. For instance, a person sells to another person that isn't a patient. That action is illegal.

 

Does the person get charged with "running a farmers market?" NO .. That's silly. The charge would be something about selling marijuana.

 

Does that single action make the building illegal? Silly again.

 

Your just arguing semantics, not intent. The courts are concerned with intent, not the exact phrasing of language unless that language has already been defined.

 

Let me ask you this: Could you, in good consciousness, tell a person that he could run a farmer's market if you knew there was a chance that LEO would show up at the market and try to arrest everyone selling there as well as the people sponsoring it? Would you advise people to get arrested to prove your point?