Medical Cannabis Refugees From Wisconsin

[NORML Jay]

To make a long story short, patients and caregivers from Wisconsin have been leaving for years to reside in other states specifically for the medical cannabis laws. After Michigan went medical and Wisconsin went backwards, patients and caregivers moved FORWARD themselves. Despite overwhelming public support, a constant vigil by activists and continued legislative sessions with compassionate use bills introduced...bills have ultimately died in committee, never reaching the floor for even a vote....

 

Now we see a movement to obtain an in state doctor recommendation and out of state card, to offer some exemptions in the state controlled substance act, hopefully offering patients some protection, but certainly not stopping the exodus of people leaving Wisconsin.

 

In my activism I have acted as the voice for many and recently through my actions, I have acted for just a few, helping them relocate to the Upper Peninsula of Michigan.

 

This forum, its members and people we have met in the MMMA have been more than helpful, friendly and willing to guide a few medical cannabis refugees through the maze of medical cannabis laws in your state. Thank you so much!

[cristinew]

The people of Wisconsin do not have that right for a ballot,, the senate and house must pass the law not the people.,. so it has not happened

[Celliach]

Up here in the UP we call these people "grow birds."

[NORML Jay]

cristinew is correct.

 

 

 

Grow Birds...nice....I think?

[t-pain]

'grow birds' is a play on 'snow birds', the elderly group of people who roost in florida in the winter and michigan in the summer (like actual migratory birds).

 

does lara/mmma require the patient to be a resident of michigan to get a card? theres talk of a 'visiting qualified patient' but that only applies to people from other mmj states that already have cards...

[Celliach]

You must be a resident to be in the MMMA program. It is for citizens of Michigan only as it's a state law and can only affect Michigan citizens.

[NORML Jay]

I am not sure that is true, as one of the amendments Senator Jones has proposed is making the program for residents only, which Senator Bieda objected to during the Senate Judiciary committee.

 

More info please and also on the the visiting qualified patients please and thank you.

[Timmahh]

If you have an authorized MMJ card from any US Territory, you SHOULD have all protections under the MMM Act. But to Get an MI card, you DO need to be a resident of atleast 30 days.

 

Visiting Patients are ALLOWED to use Medical Cannabis here in Michigan... but to Grow or get a card, you need to be a resident, otherwise a visiting Pt authorized in another State that allows for Medical Cannabis can only hold up to 2.5.

 

From the MMM Act.

 

333.26423 Definitions.

 

3. Definitions.

Sec. 3. As used in this act:

(a) "Debilitating medical condition" means 1 or more of the following:

 

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions.

(2) A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.

(3) Any other medical condition or its treatment approved by the department, as provided for in section 5(a).

 

(h) "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

 

(k) "Visiting qualifying patient" means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days.

 

 

 

 

What Is interesting in this section is they the only segregation between Pts here is whether the Pt is Visiting or not.

 

 

 

333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty.

 

(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

 

 

Here is a VERY Interesting Line that SEEMS to get OVERLOOKED by A LOT of People so far.

at the end of this section it states:

(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and 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, in addition to any other penalties for the distribution of marihuana.

 

Intriguing TERM used there huh? SELLS MARIHUANA??? so If you Sell it to someone NOT AUTHORIZED to use Medical Cannabis per the Act, and that is a FELONY, then Selling it to SOMEONE who IS Authorized to use Medical Cannabis is absolutely understood, and Expected to be authorized in the Michigan Medical Marihuana Act of 2008.

 

Naysayers try to Nay Say?

and before you JUMP into the quote in the CG section, lets not forget that is talking about Registered, Authorized Caregivers. Also keep in mind not ALL Caregivers will be Patients.......

 

So, in my general intelligent citizenry understanding of the Law We the People Passed, as I have stated from day one,

 

Visiting Patients from a State that has a Law pertaining to the medical use of Cannabis, has the same protections as a NON GROWING Patient of Michigans Law. Furthermore. Remuneration between Registered and Authorized Patients and CGs (including Authorized Visiting Patients), is not just allowable, but fully intended to happen as outlined by the note of penalty for making a Sale to someone NOT Authorized.

Edited August 31, 2012 by Timmahh

[cristinew]

Since when have you become a Lawyer Tim ? please everyone do not take legal advice from people like this,You may wind up in JAIL depend on what county your in

 

Tim you seem to overlook or ignore many other parts of the act .. that Most PA use..

 

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, NOT PEOPLE FROM OUT OF STATE

 

AND THIS CLEAR LANGUAGE

 

for assisting a qualifying patient to whom he or she is connected through the department's registration process

 

 

I cant wait until the supreme court settles this, so people can either do it or not,,

 

Tm your legal advice could land someone in Jail,,

Edited September 1, 2012 by cristinew

[Michael Komorn]

I think that if a out of state person has a certification from MI doctor, and a bona fide relationship etc, they could defend a prosecution with a section 8 defense. A section 8 defense does not protect from arrest, but instead is a defense to prosecution. But the focus and issues of that defense will be determined by the quality of the certification. I don't believe MI doctors would or should deny a recommendation bc of state boarders.

[Timmahh]

Since when have you become a Lawyer Tim ? please everyone do not take legal advice from people like this,You may wind up in JAIL depend on what county your in

 

Tim you seem to overlook or ignore many other parts of the act .. that Most PA use..

 

(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, NOT PEOPLE FROM OUT OF STATE

 

AND THIS CLEAR LANGUAGE

 

for assisting a qualifying patient to whom he or she is connected through the department's registration process

 

 

I cant wait until the supreme court settles this, so people can either do it or not,,

 

Tm your legal advice could land someone in Jail,,

 

Its a Peoples Initiative, Dont need to be a Lawyer to interpret a Peoples Initiative. That is why it is a People's Initiative, not a Judicial or Legislative Initiative or Bill.

 

A Peoples Initiative is written in Plain, Understandable Language, and IS to be given the interpretation of the Electing Body. IE, We the People.

Your apathy and willingness to lay down and wait for your freedom to be given to you, will end up putting EVERYONE in jail.

Stand up for the RIGHTS YOU VOTED FOR, or be run over by those in Government to tell you what you voted for, or if you can even vote for it.

 

My Legal Interpretation of the MMM Act has been Upheld by the MSC for your information. I even stated how legally ill the CoA rulings were on the corresponding cases, and the MSC also made note of them, in their rare appendix ruling.

Don't believe me, just go back to my posts on HOW the MSC will end up ruling prior to the May 31st ruling of the King/Kolanec cases.... Do your homework, and you will find I pretty much correctly anticipated their ruling. And when your done reading, no need for an apology. I am not here for awards.

 

If you can read and understand my posts here, than you can read and understand the LAW as We the PEOPLE Passed it, and As it is currently on the Mi Law Books, and not as Lansing would prefer for you to believe it to be.

 

And, it's also interesting to note that the Money has been put back to the MM Program. As I have said since becoming a member, moving the MM Program to L.A.R.A. and taking the money was ILLEGA for Snyder to do BECAUSE this was passed by the People. He committed a Felony by taking the program from M.D.C.H. and the Money, and moving them to L.A.R.A. and the General Fund Respectively.

 

Snyder corrected one of these 2 felonious actions a few weeks back with the return of the funds to the MMP, but he is STILL is on the hook for moving the program to LARA. Reason this is a Felony, the Law was passed by a P.I. which Mandates 75% passage from both Senate and House of Reps, AND Governors signature PRIOR to a change to a P.I.

 

 

It's ok if you wish to set back and do nothing but whine and moan about what you dont agree with. That is your prerogative. Me, I prefer to live in reality, as that is where life happens... though, should you continue to post info that is WRONG, I will Continue to educate you if that is what is needed.

Edited September 1, 2012 by Timmahh

[Restorium2]

Its a Peoples Initiative, Dont need to be a Lawyer to interpret a Peoples Initiative. That is why it is a People's Initiative, not a Judicial or Legislative Initiative or Bill.

 

A People Initiative is written in Plain, Understandable Language, and IS to be given the interpretation of the Electing Body. IE the People.

Your apathy and willingness to lay down and wait for your freedom to be given to you, will end up putting EVERYONE in jail.

Stand up for the RIGHTS YOU VOTED FOR, or be run over by those in Government to tell you what you voted for, or if you can even vote for it.

 

Cristenw, My Legal Interpretation of the MMM Act has been Upheld by the MSC. I even stated how legally ill the CoA rulings were on the corresponding cases, and the MSC also made note of them, in their rare appendix ruling.

Don't believe me, just go back to my posts on HOW the MSC will end up ruling prior to the May 31st ruling of the King/Kolanic cases.... Do your homework, and you will find I pretty much correctly anticipated their ruling. and when your done reading, no need for an apology. I am not here for awards.

 

Its ok if you wish to set back and do nothing but whine and moan about what you dont agree with. That is your prerogative. Me, I prefer to live in reality, as that is where life happens...

 

If you can read and understand my posts here, than you can read and understand the LAW as We the PEOPLE Passed it, and As it is currently On the Mi Law Books, and not as Lansing would prefer for you to believe it to be.

 

And it's also interesting the Money has been put back to the Program. As I have said since becoming a member, Moving the MM Program to L.A.R.A. and taking the money was ILLEGA for Snyder to do BECAUSE this was passed by the People. He committed a Felony by taking the program from M.D.C.H. and the Money, and moving them to L.A.R.A. and the General Fund Respectively.

 

Snyder corrected one of these 2 felonious actions a few weeks back with the return of the funds to the MMP, but he is STILL is on the hook for moving the program to LARA. Reason this is a Felony, the Law was passed by a P.I. which Mandates 75% passage from both Senate and House of Reps, AND Governors signature PRIOR to a change to a P.I.

 

If you continue to post info that is WRONG Cristinew, I will Continue to call you out.

Tim,

The simple fact of reality is that we all have to wait. Wait for the courts to decide. Until then, everything but servicing your 5 registered patients is seen as illegal by the cops. That's the reality that matters. You can predict all you want for the fun of it. That's fun, not really reality. You can say you guessed right about HOW IT WILL BE. Right now, your guess doesn't apply to reality. I hope you guessed right and I hope you had fun guessing. But all of your guessing doesn't matter at all really.

 

Another thing that you are wrong about when you do a reality check;

 

It wasn't illegal for them to take monies out of our program. Actually, it's state constitutional. You would have to change the state constitution to make it illegal. The DNR did that years ago with their programs. That's how I know.

 

Any more guesses?

[Timmahh]

Some people wait to be given what is rightfully theirs. Others Dont.

[+Malamute]

Some people wait to be given what is rightfully theirs. Others Dont.

 

But you don't have the right to make that decision for others.

 

There are flaws in your previous posts (today 11:14am, yesterday 5:18) and your absoluteness is dangerous to embrace.

 

One must allow others to examine, understand and analyze the myriad of facts and existing opinions while also understanding the risk and dangers of pursuing( or not) those options. One must also understand the process of following the Constitutional system of ACTUALLY getting , or not getting, what you believe is rightfully yours.

 

Kolanek believed he took what was rightfully his, and many rejoiced at the decision he was handed by the Supremes. That decision was that there is no "right" to medical marijuana and that he had not done what he needed to to even have the "privilege" to use medical cannabis. A likely guilty charge celebrated and predicted by people like yourself. Did you predict Kolanek was guilty? Do you have the right to tell others to perform actions or confirm their legitimacy?

 

I would say no.

 

Let us not put a growbird in danger by pushing our own interpretations of the Act and instead keep it to the absolutes, and then introduce them to the debates which have not recieved a resolution yet.

 

 

Anyhow, we welcome growbirds at the Dickinson County Compassion Club in Iron Mountain. If you would like to find a place where you can meet fellow patients, caregivers and family members; we meet monthly at the Library in Iron mountain on the Second Thursday of each month at 6:30 pm CENTRAL time.

 

Cya there.

[murdock]

Thank You Michael ,

[NORML Jay]

Thanks again for the input, opinions, information and invites! Activism knows no borders, I have already learned a great deal from actually being out the fields, meeting and speaking with some of the people of Upper Michigan, including some community leaders and of course patients and caregivers. It is always nice to see a high majority of the people I talk with very supportive about the issue and pt/cg's participating in the program willing to give their advice.

 

One push for protection in Wisconsin is an exemption in the Wisconsin Controlled Substance Act (

https://docs.legis.wisconsin.gov/statutes/statutes/961/III/31)

and obtaining a recommendation and/or out of state card (Oregon).

Although I am moving my residence to the UP, some if not most, cannot. I thought I did see in the bunch of bills in Michigan one to specifically prohibit out of state applications? We are wondering if it would be beneficial for Wisconsin Residents that can to find a primary physician in Michigan that would also write a recommendation, although not eligible for the MI program/card, would that recommendation a) qualify the person as a visiting patient? b) allow a section 8 defense or medical defense as suggested above by Michael Komorn c) help allow the medical defense in a Wisconsin (or other state that does not have a mmj program) and d) create an exemption in the WI Controlled Substance Act. I am sure people in Wisconsin, as well as other states are watching very closely as to the progression of the laws in Michigan.

 

Here is the subsection in the WI CSA:

 

 

961.32  Possession authorization.

(1) Persons registered under federal law to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances in this state to the extent authorized by their federal registration and in conformity with the other provisions of this chapter.

(2) The following persons need not be registered under federal law to lawfully possess controlled substances in this state:

(a) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent's or employee's business or employment;

(b) A common or contract carrier or warehouse keeper, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

© An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance.

(d) Any person exempted under federal law, or for whom federal registration requirements have been waived.

History: 1971 c. 219, 336; 1983 a. 500 s. 43; 1993 a. 482; 1995 a. 448 s. 232; Stats. 1995 s. 961.32.

A doctor or dentist who dispenses drugs to a patient within the course of professional practice is not subject to criminal liability. State v. Townsend, 107 Wis. 2d 24, 318 N.W.2d 361 (1982).

 

[Vertigo__]

We are also refugees/ grow birds originally from Minnesota. Medical marijuana has passed the legislative and senate phase but has been vetoed everytime by the ultra conservative governers leaving the people of Minnesota with no vote.

[NORML Jay]

Hey Vertigo_ We were neighbor states, now looks like we will be 'neighbors' in a different state of residence and hopefully state of mind. Glad to meet ya!

[Vertigo__]

Ya nice to meet you too

[Fat Freddy]

A resident is someone that lives in a given location for 6 months or better.

Correct?

[Vertigo__]

30 days i thought ...

[The Digital Nomad]

as soon you obtain a michigan photo ID or driver's license

 

" MI Driver’s License or MI ID Card #_____________________________________" (from application form)

 

http://www.michigan.gov/documents/sos/Applying_for_lic_or_ID_SOS_428_222146_7.pdf

See # 4 -

"in family member's name is ok if family can be established", utility bill, rental agreement, etc.

 

A few years back I obtained a Ohio license by relative's address, same day.

[Vertigo__]

Ya you just go to the secretary of states office and show them two"proofs of residency" like a energy bill, lease, paycheck stub and a few other things like birth certificate and any photo id that you currently use

[Highlander]

You must be a resident to be in the MMMA program. It is for citizens of Michigan only as it's a state law and can only affect Michigan citizens.

 

 

Sec. 6. (a) The department shall issue registry identification cards to qualifying patients who submit the following, in accordance with the department's rules:

(1) A written certification;

(2) Application or renewal fee;

(3) Name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;

(4) Name, address, and telephone number of the qualifying patient's physician;

(5) Name, address, and date of birth of the qualifying patient's primary caregiver, if any; and

(6) If the qualifying patient designates a primary caregiver, a designation as to whether the qualifying patient or primary caregiver will be allowed under state law to possess marihuana plants for the qualifying patient's medical use.

 

People can just bring their cardboard box to Michigan and qualify for the program on day 1.