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Sen Jones And Marleau: Banning Private Property Use Sb 783


t-pain
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http://legislature.mi.gov/doc.aspx?2014-SB-0783

 

 

(D) On private property, in violation of a prohibition
established by the property owner. This subparagraph does not apply
to a lessee of private residential property except as to the
owner's prohibition against smoking or growing marihuana.


(B) in In any public place, which includes any portion of
private property that is open to the public.

(C ) On private property, in violation of a prohibition
established by the property owner.

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FYI,

 

He will probably get this deal / mo when he leaves the Senate. I don't know, but He's probably getting pensions from the LEO job and House position on top of his salary. Do eight years and get $3,200.00+ /mo of our tax dollars. Must be nice???

 

 

 

"Schuette's eight years in the Michigan Senate nets him $3,269.79 a month -- or $39,237.48 a year, according to a Freedom of Information request filed with the Michigan Legislative Retirement System. That's on top of his $112,410 salary as Michigan's attorney general."

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currently you can smoke on your front lawn.

you can also smoke anywhere on any private property. so a bar would technically be private property.

 

this bill would do two things,

ban people from use in public private property (like a bar i guess?)

allow property owners to ban all mmj.

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honestly has anyone ever sparked up one in a bar or store or private property against the wishes of the owner, and claimed immunity when challenged on said smoking?

 

i dont think i've ever seen a news story about that. from ANY STATE. aside from apartment complexes and sec8 housing.

maybe once?

 

even if someone was in a bar smoking, i think the police would still challenge it in court to find if that bar was a 'public place'.

 

i seen people smoking reef in movie theaters (before the mmma , before the indoor smoking ban, in a non-smoking theater). but that was already illegal.

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honestly has anyone ever sparked up one in a bar or store or private property against the wishes of the owner, and claimed immunity when challenged on said smoking?

 

i dont think i've ever seen a news story about that. from ANY STATE. aside from apartment complexes and sec8 housing.

maybe once?

 

even if someone was in a bar smoking, i think the police would still challenge it in court to find if that bar was a 'public place'.

 

i seen people smoking reef in movie theaters (before the mmma , before the indoor smoking ban, in a non-smoking theater). but that was already illegal.

 

Yeah I tend to agree.  This bill is a solution in search of a problem.

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Does it prevent a property owner from smoking while shoveling his own driveway?

 

This really hits home to me.  I'll confess that I was a recreational smoker for years.  Any time we had weather at 5 degrees or so or lower, my asthma would rear its ugly head even if I walked to the mailbox and back.  But with a little hit of quality MMJ, I could spend an hour or more shoveling snow and still breathe well. 

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Does it prevent a property owner from smoking while shoveling his own driveway?

 

i dont think a driveway is 'open' to the public persay.

but this will be used to harass patients in thier driveways.

 

an apartment complex driveway would be another question.

Edited by t-pain
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Just another attempt at creating different ways to penalize behavior that they absolutely hate.  One more reason to harass us.  I heard this amendment will make it virtually impossible to legally medicate anywhere but behind closed doors, even on your own property....if someone else could possibly see you medicating you will be breaking the law even if it is on your own property.  Correct me if I am wrong please.

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i agree with you t

 

it is already covered in section 7.

 

 

7. Scope of Act.

Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

(b) This act shall not permit any person to do any of the following:

(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.

(2) Possess marihuana, or otherwise engage in the medical use of marihuana:

(A) in a school bus;

(B) on the grounds of any preschool or primary or secondary school; or

(C ) in any correctional facility.

(3) Smoke marihuana:

(A) on any form of public transportation; or

(B) in any public place.

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

(5) Use marihuana if that person does not have a serious or debilitating medical condition.

(c ) Nothing in this act shall be construed to require:

(1) A government medical assistance program or commercial or non-profit health insurer to reimburse a person for costs associated with the medical use of marihuana.

(2) An employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.

(d) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marihuana to avoid arrest or prosecution shall be punishable by a fine of $500.00, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marihuana other than use undertaken pursuant to this act.

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

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section 7 seems very clear to me... and it pretty much sums it up...

 

where is the need for clarity?

 

do not smoke cannabis in any public place whether in view or not.

 

your driveway is most defiantly considered private property and would not apply...

 

fyi a hotel/motel is considered public property and you are not allowed to smoke cannabis in those facilities.

 

not to mention the smoking ban is in full effect...

 

these bills would also change it so you could not eat, vaporize or use a different method of ingestion?

Edited by mibrains
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also some food for thought...

 

in Michigan if your lease specifically prohibits you from growing cannabis (or any indoor garden) artificially in your home it would most defiantly hold up in court.

 

you do not own a rental - the "bundle of rights" associated with home ownership and the "castle" laws are different for homeowners than it is for renters.

 

pretty much anything (not specifically protected ie-race, religion, family status ect..) that is written in a lease can be enforced if it is agreed upon at the onset and the tenant has the time and ability to review the arrangements.

 

if i was a property owner i for dam sure would not want a renter modifying my property to suit their needs. 

 

for any reason.

 

i know that may sound a bit harsh but it takes a ton of work, time, energy and money to be a landlord and it is their inherent right to protect their investment under whatever guidelines they see fit... it is after all their property and you are merely borrowing it for a specified amount of time.

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the attorney general issued his opinion on the smoking ban in 2011

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10340.htm

 

Marihuana is not included within the definition of a "tobacco product" under the smoking ban law.5

which has pretty much been unchallenged as far as i know.

 

also if you look who asked that question to the AG.. its our old friend tricky dick rick jones! so hes been planning this one for a while. but he got his answer very clearly i thought. AG said public place is a lobby or food court. whats jones beef?

Edited by t-pain
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