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Posted

Dont you just love it when someone with a badge thinks they can determain what amount of cannabis a dying cancer patient needs ? :butt2:

 

Sickening hows about you concentrate on doing your job and respecting the law and find the real criminals. :watching:

Posted

Federal policy allows any licensed person, who is also a federal mmj patient, to smoke while driving. Those rules have been in place for decades.

 

Why isn't the federal standard applied?

 

Ouch. That is going to hurt their efforts to make "Zero Tolerance" stick. If it's good enough for the Feds...

 

Isn't there some Constitutional provision that says that you can't have different laws for different classes of people? Something about everyone being treated equally under the law or some such thing.

Posted (edited)

Ouch. That is going to hurt their efforts to make "Zero Tolerance" stick. If it's good enough for the Feds...

 

Isn't there some Constitutional provision that says that you can't have different laws for different classes of people? Something about everyone being treated equally under the law or some such thing.

 

Mentioned that to a few folks a while back. One of those times that led to my signature.

 

Equal protection. Mentioned in the Michigan Supreme Court ruling about metabolites. Court said metabolites would be unfair for a mmj patient. Therefore equal protection requires the same standard be applied for the non patient.

 

However, I think that doesn't cover contrasting protections between federal and state law.

 

It should be very persuading to a jury that federal standards would be reasonable. Which also includes 8 ounces per month per patient.

Edited by peanutbutter
Posted

 

 

Mentioned that to a few folks a while back. One of those times that led to my signature.

 

Equal protection. Mentioned in the Michigan Supreme Court ruling about metabolites. Court said metabolites would be unfair for a mmj patient. Therefore equal protection requires the same standard be applied for the non patient.

 

However, I think that doesn't cover contrasting protections between federal and state law.

 

It should be very persuading to a jury that federal standards would be reasonable. Which also includes 8 ounces per month per patient.

 

I guess he would have a Sec 8 hearing then its up to a judge

Not going to work yet someday soon I hope

Posted

Cruise control, always use turn signals, at a stop sign count to 3 (one thousand one, one thousand two,) if the sign says no left turn, or no right turn don't do it! Make sure all your lights and turn signals are working. If you have long hair tie it back and tuck it under your shirt or in the back of your shirt. What ever makes you look like an ordinary Joe. A day where you do not have to talk to the police is like a sunny day. (at least to one where you have to.)

 

Stay safe.

Posted

Cruise control, always use turn signals, at a stop sign count to 3 (one thousand one, one thousand two,) if the sign says no left turn, or no right turn don't do it! Make sure all your lights and turn signals are working. If you have long hair tie it back and tuck it under your shirt or in the back of your shirt. What ever makes you look like an ordinary Joe. A day where you do not have to talk to the police is like a sunny day. (at least to one where you have to.)

 

Stay safe.

I agree and it sure is a sad day when we still have to be so scared after we pay the State to be Legal

Posted (edited)

Mentioned that to a few folks a while back. One of those times that led to my signature.

 

Equal protection. Mentioned in the Michigan Supreme Court ruling about metabolites. Court said metabolites would be unfair for a mmj patient. Therefore equal protection requires the same standard be applied for the non patient.

 

However, I think that doesn't cover contrasting protections between federal and state law.

 

It should be very persuading to a jury that federal standards would be reasonable. Which also includes 8 ounces per month per patient.

First, being a mmj pt does not put you in a so-called suspect class. A zero tolerance law only needs to withstand what is known as rational basis scrutiny if it were faced with a constitutional challenge. Zero tolerance will not be struck as unconst.

 

Whether a federal standard is reasonable isn't relevant in this analysis. The jury instructions won't include a line such as:

 

Members of the jury, if you find that defendant WAS driving with mj in his system then you need not convict IF you find that it was REASONABLE to drive.

 

The law says we cannot drive with any level of marijuana. Doesn't matter how "reasonable" it is to you or anyone else.

Edited by CaveatLector
Posted

Federal policy allows any licensed person, who is also a federal mmj patient, to smoke while driving. Those rules have been in place for decades.

 

Why isn't the federal standard applied?

What do you mean by federal policy? Federal policy cannot dictate this type of issue to the states. Little thing called states' rights.

 

Where can I find a copy of this "policy?"

Posted

Btw, is there something that specifically allows CIND patients to drive?

 

I hadnt seen that before. I thought it was governed state by state, generally. Same as marriage, generally.

 

Just wondering. I hadnt seen that specifically. I know Elvy doesnt drive... :P And i figured irv was at the same risk as anyone.

 

I am apt to believe ya, but is there anything about it?

Posted

Btw, is there something that specifically allows CIND patients to drive?

 

I hadnt seen that before. I thought it was governed state by state, generally. Same as marriage, generally.

 

Just wondering. I hadnt seen that specifically. I know Elvy doesnt drive... :P And i figured irv was at the same risk as anyone.

 

I am apt to believe ya, but is there anything about it?

Cognitive impariment with no dementia? I assume that is what you mean.

 

I know nothing about that constitutionally speaking. However, as driving isn't a right, I would say that it is subject to state regulation. Somewhat akin to vision requirements.

Posted

What do you mean by federal policy? Federal policy cannot dictate this type of issue to the states. Little thing called states' rights.

 

Where can I find a copy of this "policy?"

 

Can Federal drug policy be dictated to the States? In the case of the prohibition of alcohol, a constitutional amendment outlawing alcohol was in place. Is there a section in the constitution that outlaws drugs or establishes federal control over drug policy?

Posted (edited)

That is a good question,, something about that a Dr has to permit you to use drugs,,,, during alcohol,Prohibition you could get a Dr to prescribe you Booze ,,,

 

so in one way the drug was should be unconstitutional.,.. but thats just a shtty piece of paper GW Bush

 

 

And i think is was Gramholm who signed the DUI law in Michigan ,

Edited by cristinew
Posted

Cognitive impariment with no dementia? I assume that is what you mean.

 

I know nothing about that constitutionally speaking. However, as driving isn't a right, I would say that it is subject to state regulation. Somewhat akin to vision requirements.

 

This may not have anything to do with the topic, but I know someone who is blind in one eye and when he goes to take the vision test he memorizes the eye chart and then just repeats it from memory when they test his bad eye. I cracked up when I found out about it.

Posted

This may not have anything to do with the topic, but I know someone who is blind in one eye and when he goes to take the vision test he memorizes the eye chart and then just repeats it from memory when they test his bad eye. I cracked up when I found out about it.

Last I knew the Mich. Sec of State doesn't use a vision chart. They use that cross-polarized tester that is like a stereoscope. It tests each eye independently. So I don't know how your friend got a license if that is what you are saying.

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