Clare County Compassion Club

[GregS]

Greg, with all due respect, connection to the registry is not one of the elements required in a sec 8 AD.

 

The 3 elements are:

 

 

Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

With all respect back atcha, a pt is nonetheless required to access the stuff only through a cg in order to protect the transferror, whether registered or unregistered. that is bluntly stated within the first few words of your copied text. The real beauty in the AD lies in the fact that it is pretty easy for individuals to strike agreements, but a dispensary operator who sells to any and all walk ins..???

Edited March 13, 2013 by GregS

[GregS]

With all respect back atcha, a pt is nonetheless required to access the stuff only through a cg, whether registered or unregistered. that is bluntly stated within the first few words of your copied text. The real beauty in the AD lies in the fact that it is pretty easy for individuals to strike agreements, but a dispensary operator who sells to any and all walk ins..???

 

Jamie. What is the dispensary and state work around for that?

[GregS]

Jamie. What is the dispensary and state work around for that?

 

It occurs to me that 4271 will fail on this issue, and commercial interests, by their nature, will find it necessary to somehow change the MMA. What might those changes be?

[Highlander]

I don't see them doing all that Highlander. A ledger isn't going to be enough imo. I also believe they are aware of the political fallout of doing something like that.

 

Maybe not on a widespread basis but I have already seen LEOs with a grudge go after people who are legal today but were not back in the day. It is kinda like Whilly Coyote is gonna go after the rabbit even when his freezer is stocked full.

[GregS]

Problem solved? Whaddaya think Resto?

Edited March 13, 2013 by GregS

[jamieuke]

 

 

Jamie. What is the dispensary and state work around for that?

 

Each transaction has its own set of circumstances- the complaint or charges or whatever, would be based on the set of facts surrounding the particular transfer the action is based on.

[GregS]

If the transaction consisted of primary caregiver and directly connected patient, they would not need the AD unless the transaction included circumstances outside of the protections in section 4.

 

Gotcha. Does this mean to say that you see section 8 as your only protection as a dispensary operator?

[GregS]

Each transaction has its own set of circumstances- the complaint or charges or whatever, would be based on the set of facts surrounding the particular transfer the action is based on.

 

Why don't you give me just two, or better three, examples?

[GregS]

F--k it. We can sue them if they pass 4271 in any form that leaves the MMA standing tall and proud and remaining superior. They will have to go through us first.

 

Do you wanna tell them, or shall I?

Edited March 13, 2013 by GregS

[Highlander]

Why don't you give me just two, or better three, examples?

 

This is funny...reminds me of the SC oral arguments in the McQueen case. I believe it was the PA who was asked by the Chief Justice to provide an example of some situation....and she stammered and said something like "there are zillions of examples and...and...and" And Justice Young cut her off and said "Start with the best one."

[GregS]

There are so many. In Lapeer County, where I live, there is only one or two towns that do not have a restrictive ordinance for caregivers. There are no dispensaries in Lapeer at all- there used to be one in 2010.

 

I recently helped to put together a fundraiser for 4271 in Lapeer, but I used the occasion to focus on this issue.

 

With the help of Michael Komorn, I sent letters to all of the local governments telling them that the marijuana ordinances they have are not enforceable, and are too restrictive. I invited any member to attend the fundraiser and learn more.

 

At the event, we discussed the need to end prohibitive policies in these towns, and the option to make enforcement for adults their lowest priority.

 

We got excellent local media coverage and got the word out to the public that these ordinances are invalid.

 

There will be some follow up to help keep the momentum going, and I am working with some people in NE MI to do a similar event in the Iosco area, probably in Tawas or Oscoda in the next few weeks.

 

The most common issue is relegating caregivers to industrial zones, where there is no practical space, in lieu of growing in residences.

 

These restrictive prohibitive ordinances come from the opposition, not dispensaries. That is another unsubstantiated assumption being spewed here. I don't know if there is a case or not, but I know of no situation in Michigan, in which caregiver rights were restricted because of dispensaries.

 

Does this mean you might be willing to travel to testify in chambers on behalf of caregivers? Sure, you got your name in the papers and maybe a photo op. But what can you do that will really help? These efforts are not worth spit if they are not supported by earnest action.

Edited March 14, 2013 by GregS

[GregS]

This is funny...reminds me of the SC oral arguments in the McQueen case. I believe it was the PA who was asked by the Chief Justice to provide an example of some situation....and she stammered and said something like "there are zillions of examples and...and...and" And Justice Young cut her off and said "Start with the best one."

 

That was a gas! But I thought it was the cute little defense attorney who giggled and curtsied.

Edited March 13, 2013 by GregS

[jamieuke]

 

 

Gotcha. Does this mean to say that you see section 8 as your only protection as a dispensary operator?

 

Everything depends on the specifics of the situation, but if one is engaging in a transfer that is not completely protected, and the person transferring gets arrested, that person should have taken steps to support their ability to use the AD as much as possible, and to try and understanding the risk level of their situation as well as possible .

 

Depending on the circumstances and what type of legal action is taking place, there may be an attempt to argue things other than the MMMA and see how far that could go too. There are a lot of factors, and the aggression could possibly be staved off for a while, but I think that the legislation is the only real solution for centers to be able to really operate.

 

 

 

 

 

 

 

 

 

 

[GregS]

Everything depends on the specifics of the situation, but if one is engaging in a transfer that is not completely protected, and the person transferring gets arrested, that person should have taken steps to support their ability to use the AD as much as possible, and to try and understanding the risk level of their situation as well as possible .

 

Depending on the circumstances and what type of legal action is taking place, there may be an attempt to argue things other than the MMMA and see how far that could go too. There are a lot of factors, and the aggression could possibly be staved off for a while, but I think that the legislation is the only real solution for centers to be able to really operate.

 

Those are not examples Jamie.

[GregS]

Those are not examples Jamie.

 

Tell ya what. I'll settle for just the best one.

[GregS]

BTW, I get the point that you have no idea, or are reluctant or unable to articulate, how that section 8 will protect a dispensary operator.

Edited March 13, 2013 by GregS

[Celliach]

I'm not sure how Section 8 would protect a dispensary operator either. Selling to a PT is not alleviating the dispensary owners medical condition.

[GregS]

I'm not sure how Section 8 would protect a dispensary operator either. Selling to a PT is not alleviating the dispensary owners medical condition.

 

Yep.

[rambozo420]

just a thought but how does financial gain not benefit a human in the United States. Note not really a dispensary groupie lol and my limited experience with them left a bad taste in my mouth not flushed and a dent in my pocket 20.00 bucks a gram I find better on the corner when it comes to taste,quality and price.

But its all in who You know and what they grow

[GregS]

just a thought but how does financial gain not benefit a human in the United States. Note not really a dispensary groupie lol and my limited experience with them left a bad taste in my mouth not flushed and a dent in my pocket 20.00 bucks a gram I find better on the corner when it comes to taste,quality and price.

But its all in who You know and what they grow

 

You understand. Quality caregivers will become apparent, and some already are, within their circles.

[rambozo420]

I will add that street corner is akin to road side veggy stand to me.

[phaquetoo]

WOW. Sorry everybody. He is gone gone gone now.

lmao

[phaquetoo]

 

 

You understand. Quality caregivers will become apparent, and some already are, within their circles.

 

I think I have one of the best c.g's out there, man He is a growing King! In 3yrs ive not wanted or needed anything, Now my 1st c.g well lets just say, he didnt kiss me or use vasoline lol but than again neither did I when I finaly caught up with him. I just heard of 2 c.g's that lost all of their ballast and no telling what else when their g.r's flooded!! If your not bright enough to get your ballasts out of the room and up off the ground, well maybe your a hill billy that dont think! These c.g's both had walls and ceilings they could have attached there ballast to, I bet if the directions on their inline fans didnt tell they to put em on the ceiling they would have lost them too!

 

The bad c.g's will not last, the good ones will, I think a real good idea would be for every c.g to at least have 1 pt who honestly cant afford the meds, 1 out of 3 or 5 for free would not hurt me at all, My idea of a compassionate c.g is to take care of your pt's in any way you can, the next pt I get will have to go thru an interview at their home and have to prove to me their illness and their finance's if they qualify, I will be getting them what they need for free, I will help them around their house, and do their shopping if they have no one else to do it, I will visit with them and make them feel good about them selves! I would be ready now for a new pt, but im getting out of the tents and redoing my whole room, gonna make it right, at least I bought all the right equipment when I got everything to be able to expand, so no loss here, ive gotten only 4 crops in a yr, but I have a c.g also, so im realy not under a whole lot of pressure!

 

Peace

Jim

[+Malamute]

If you have them readily available, will you please post? It may be piling on, but Jamie is a big boy.

 

Well, you should start a Ordinance thread i can start posting some. I mean,.. i really do have over a hundred.

 

Anyhow, Here is a very recent one from my area. This is a direct response to someone trying to open a dispensary:

 

Breitung Township Medical Marijuana Ordinance

 

Kinda rough aye? Likely to be proven unenforcebale on a few of the points,.. but to find out the enforceability of it, it needs to be enforced on someone first. ;-)

 

Anyhow,... theres the first one i will post and most recent in my area. Moratorium renewals continue.

 

I should also add, this is newer model language than i am used to(updating model language recommends) and is coming from Michigan Townships Association. Much of this model language has come from people like Hubbard Law Firm, Andrea Ditschman, Gerald Fisher, Matt Newburg, Michigan Municipal League... etc etc.

Edited March 14, 2013 by Malamute

[+mayorherb]

It is none of your business rather I can afford dispensaries, furthermore, prove that I asked you all to pay for my attorney, please cut and paste that post if you can. I want to see where I asked you to pay. You can't because it doesn't exist,unless you twist my words as has been done here today. I think it is your facts are messed up, sir.

Herb Cannabis, You are wasting your time n effort n here.. No matter what you say it will be turned around on you. ,Love ya brother keep up the good work.. P.S have you notice yet there are only a cpl people n here besides you? Same people brother. .come on out of here..I have a place you can come n chat at..I will send you the link..