Michigan Supreme Court Today 10/11/12

[The Digital Nomad]

http://www.examiner.com/article/michigan-supreme-court-to-hear-arguments-significant-medical-marijuana-cases

 

 

Michigan Supreme Court to hear arguments in significant medical marijuana cases

 

 

Michigan’s highest court is set to hear oral arguments on October 11 regarding two controversial medical marijuana cases.

In People v McQueen, the court will decide whether Michigan’s Medical Marijuana Act(MMMA) allows registered patients and caregivers to transfer and/or sell medical marijuana to patients they are not linked to through Michigan’s registry program. Isabella County’s Prosecuting Attorney has argued that McQueen’s dispensary (Compassionate Apothecary) was a public nuisance and violated the Public Health Code. A circuit judge disagreed with the prosecutor's argument and refused to enter an injunction. The prosecutor appealed and oral arguments were heard by Michigan’s Court of Appeals (COA) on June 7, 2011. On August 23, 2011, the COA issued an opinion which overturned the circuit court’s decision. McQueen’s attorneys appealed that COA decision and assert that “patient-to-patient transfers of marijuana are protected by the MMA and that attaching a price to those transfers does not violate the Public Health Code.”

The second medical marijuana case to be heard by the Supreme Court on October 11 is People v Bylsma. In that case, Kent County’s circuit court held that Ryan Bylsma illegally possessed approximately 60 marijuana plants. Michigan’s COA held oral arguments in the Bylsma case on September 7, 2011 and they upheld the circuit court's decision in an opinion released on September 27, 2011. Bylsma’s attorney, Bruce Block, appealed to the Supreme Court and argues that his client only possessed 24 of the 88 medical marijuana plants that were allegedly discovered by police. Block revealed that several other registered patients and/or caregivers owned a majority of the medical marijuana plants that were being grown in a common, enclosed, locked facility that was leased by Bylsma.

The MI Supreme Court will hear oral arguments on both case starting at 9:30 a.m., on October 11. The court’s website provides more detailed summaries of the issues presented in the McQueencase and the Bylsma case. (The appellate briefs filed in both of these cases can be downloaded at the hyperlinks provided above)

[The Digital Nomad]

So this is going to reinforce/clarify - IF a CG has to be connected to the patient via the registry as that person's CG, or can they sell to any patient.

The second argument is about collective grows - on Bylsma's property the police found about 88 plants, he only 'owned' 24 of them per his legal status, but the police deem possession - his property, all the plants unsecured - any CG could access the plants of another?

[The Digital Nomad]

9:30 @ http://www.radioweedshow.com/

Michigan Gov TV

http://www.mgtv.org/schedule/

[+washtenaut]

...nevermind

[Timmahh]

Watch Live NOW

 

http://www.upnorthmedia.org/govtvnow.asp

[wildman69]

I am trying view this somehow some way from the web, but is just isnt happening :-(

[mibrains]

thank u tim...

 

i was just looking for a link...

[Restorium2]

So a plant produces 2300 joints per day, according to the State of Michigan. Nuff said there. They are going for the throat.

 

The video is a little shaky for me. Hard to follow.

[trix]

So a plant produces 2300 joints per day, according to the State of Michigan. Nuff said there. They are going for the throat.

 

The video is a little shaky for me. Hard to follow.

 

Wow really... where did that info come from, they really talking like that.. whos giving them this info? and darn that would be nice if they shared that reciepe with the everyday grower..

[Restorium2]

Wow really... where did that info come from, they really talking like that.. whos giving them this info? and darn that would be nice if they shared that reciepe with the everyday grower..

Attorney for the State Of Michigan, making his case. He's a fast talker. He had it all figured out by the day, week, month, year, per plant.

[Willy]

would have been better if the attorney had a head on his s holders, he didnt appear to be even close to ready to present a point. Was that a court appointed lawyer.. just WTF is wrong with that guy.

[trix]

From the sounds of things, doesn't appear things are in our favor in this hearing, just from the amounts described.. if everyone knew how to grow that way, people wouldn't be suffering everyday.. The higher the numbers the less they are gonna say we need in our day to day lives..

 

BLAHHHHHHHHH

Trix

[Restorium2]

He was belittling the section 8 defense on a continuous supply. He was saying that you don't need many plants for that. As you can imagine from the numbers he was quoting.

[Timmahh]

in the blysma case, it appeared Block was on the wrong points. the topic raised is did the Act imply any mix of patients, ie, husband and wife, or a CG who has 5 Pts, who are CGs for 5 pts, who are CGs for 5 patients, who are all patients as well as CGS, who are registered or not registered, but authorized patients, intend to imply they both had to have separate locked facilities for the purpose of providing medical use of cannabis to Authorized Patients.

Who has access to how much is the key and imo, in the end, it would appear each person inside, had access to the other "tenants" plants.

 

Though in the end it looked like that bone was going back to the Trial Court to be argued on the Case of Fact under a section 8, as under the 1st ruling in Kolanek/King, there is a clear definition between a sec 4 and sec 8, and what kicks a typical 4, to the sec 8 need. Will Likely see Blysma back on the Trial Court dates. The guy for the county sure didnt want to agree this went from a sec 4 issue to a sec 8 issue and therefore needs to be retried. I do not recall if at first they attempted a sec 8, opposed to a 4.

 

 

 

By the time I sourced the link and got on, I was only able to hear the last minute of Chartiers case. so I cant say to much more other than the girl from Mt P was Way over her head, and while the state guy did a far better job, he had to cherry pic specific sections, and ignore other sections.

 

I hope the phrase "Has the Right to Acquire by any Reasonable Source" was mentioned by the Defense.

need to watch the McQueen part in its entirety before I can opine any further on it...

 

ya it was real jumpy. that appears to be a UP Public Access Station on a cable network that I happened across rushing to find somewhere to watch it.

Edited October 11, 2012 by Timmahh

[t-pain]

is there any video replay of today's cases?

[+Malamute]

Michigan STate bar puts up all oral arguments and such but it iusually several days after the fact:

 

http://www.michbar.org/courts/virtualcourt.cfm

http://www.michbar.org/courts/virtualcourt

 

Hopefully someone else recorded it and it is up today. :-)

 

I was unable to watch it.

[Fat Freddy]

So a plant produces 2300 joints per day, according to the State of Michigan. Nuff said there. They are going for the throat.

 

The video is a little shaky for me. Hard to follow.

 

Omg where do I get that strain?? I could keep one plant alive for a long time and just harvest what I need when I need it. * tongue in check "

 

Clearly this statement is not based in fact, hopefully the court knows that and will disregard the statement.

Too bad there is not a study of how much a plant actually produces. Even under the best of circumstances a plant may be able to produce

!00 joints a day, that is if one likes smoking fan leaves and stalks etc...

This shows how uneducated a person can be when it comes to the dreaded marijuana plant. 2300 joints a day?? Seriously???

What a crock...

Edited October 12, 2012 by Fat Freddy

[purple pimpernel]

the DEA research garden in Mississippi produced 3.1lbs based on 100sq ft canopy--

 

I am searching for the link--yeah they have allready figured it out

 

folks need to be aware that the DEA grows it for research--(yeah right)

 

 

the data from that research is what prompted California to implement 100sq ft canopy in the law--just sayin

[Herb Cannabis]

Omg where do I get that strain?? I could keep one plant alive for a long time and just harvest what I need when I need it. * tongue in check "

 

Clearly this statement is not based in fact, hopefully the court knows that and will disregard the statement.

Too bad there is not a study of how much a plant actually produces. Even under the best of circumstances a plant may be able to produce

!00 joints a day, that is if one likes smoking fan leaves and stalks etc...

This shows how uneducated a person can be when it comes to the dreaded marijuana plant. 2300 joints a day?? Seriously???

What a crock...

 

You realize of course, it is illegal to study this plant in the US! How did they come to find such an incredible plant?

[Zombiefied]

If u took the numbers from a big outdoor harvest and then think of how many indoor harvests u can get per year, and that is how they get that number. There is nobody producing that much each day... lets say that each joint is 1/2gram. Thats 1150 grams. Even if u only have 1/4 gram joints its still 575 grams...l