Patients Can't Smoke In Parked Cars At Public Places, Court Rules

[GregS]

What is absent from this opinion are some basic statutory interpretation requirements.  The MMMA specifically excludes use of MMJ in a public transportation vehicle but is silent on private vehicles.  This necessarily means that use of MMJ in a private vehicle is OK.  What exactly does this ruling accomplish, even for anti-MMJ folks?  If a patient is staying in a hotel and doesn't want to medicate in the room, maybe because it is a non-smoking room or maybe because he doesn't want to permeate the hotel with MMJ smoke smell, then medicating in his car in the parking lot is a good option. 

Yeah. That was in the Dissent. These people cannot reason, but use errors in reasoning that invalidate their argument. Textbook bullschit.

[t-pain]

coa plainly states that a car is a private property.

 

A person’s car is private property

[GregS]

Koon determined that impairment must be shown if found with cannabis in our systems while driving to be charged with intoxication. He would have been better off driving around the block while he sparked a fatty.

 

This decision is wrong on so many levels.

[Highlander]

(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; oryour analogy is bunk.

Fair enough. So I'll revise the analogy to a grocery store rather than a school. My same position applies.

[t-pain]

Crappy ruling for sure. I'd like to know more about the incident since this happened on tribal property where the MMMA protections don't apply. Was he arrested by tribal police or the state cops? I'm wondering how he even got a chance to assert MMMA protections.

because the tribe passed it on to the regular police. I think

 

nothing stopping the tribe from bringing charges though...

[t-pain]

I wonder if this is going to come down to the word "in" . Just like "a patient" vs "the patient".

[+Malamute]

"In" suggests public building.

 

p.s. And I am sticking to it!

[bobandtorey]

16

MARCH

2014

Mary Chartier wins another medical marijuana appeal! 

Mary Chartier won a medical marijuana case on appeal that involved whether the interior of a registered patient’s car is a “public place” under the Michigan Medical Marihuana Act. The patient – a sixty-seven-year-old man who had survived a coma after a serious car accident – was medicating in the passenger seat of his car in a casino parking lot. Mary has now been successful in convincing two different courts that the interior of a patient’s car is not a “public place” under the Michigan Medical Marihuana Act.

 

http://www.alanechartier.com/item/mary-chartier-wins-another-medical-marijuana-appeal

Edited November 26, 2015 by bobandtorey

[Restorium2]

The judges thought about how they wanted it personally then worked backwards from that and adjusted their opinions to fit the outcome; They just didn't want to have to walk past a car in the parking lot with someone smoking pot in it. 

Doesn't have to make sense legally, that's not the 'bar' they try to meet. The just want to form their State into how they personally want it to be because they believe they were selected to do that. 

 

Background; The FEDS let a guy go that did the same thing in the exact same parking lot years ago. 

[mibrains]

It's a rediculous opinion.

 

If your staying at a hotel and you NEED to medicate the only option is your vehicle. I do it regularly and it has never posed an issue.

 

Your vehicle is private property located in a public place.

 

The COA has this one all wrong as expeced.

 

It's beyond me why they just didn't leave the original findings alone? Why even challenge this particular case?

 

Ignorance.

 

Ask yourself if your stay at any michigan hotel, motel or any room and board location the law says no smoking then the only option left is to use your vehicle.

If you smoke outside of it your now actually in public and people can (and do) smell it (speaking from experiance) but if you are in your vehicle nobody should ever know.

 

Bad Bad job COA

 

LEAVE US ALONE PLEASE!

[Restorium2]

I think this is what Soaring Eagle Casino wanted.

 

First they called the feds and the feds said that the patient was well within his rights to be smoking in the parking lot. 

 

The next chance they got they called State Law Enforcement to get it into the local court system.

 

The Casino obviously wanted it to stop.

 

I'm going to boycott them, please join me. 

 

The underlying issue here is the 'gotcha' for the odor of cannabis. 

 

I feel that the odor issue is the one where we lose the most of our rights unfairly.

 

We should be able to smell like cannabis any time we want to. 

 

This issue should go to the Supreme Court of the United States. We need to define our right to smell like our legal medicine.

 

The smell of cannabis, whether it be a plant or smoke, should be totally off they table in the court of law. It should be one of our most basic human rights. 

[phaquetoo]

Im pretty sure most of you remember me telling you that I got caught vaping in the soaring eagle hotel!

 

My ole lady was being an donkey at the casino night club, I had people coming up to me and say dude you need to get your lady under control bawahahahaha!

 

I went upto her and said come on lets go back to the room we have all we need up there!

 

she wouldnt go with me,  so I said im going to the room cya when I cya!

 

so im sitting in the room smoking on my vape, I hear the key card, Im litteraly smoking with the whip in my mouth, in comes 4 cops and my lady,  They said what are you doing, I said my meds, they said do you have a card, I said yes and showed them along with my i.d,

 

Than they say we need you to open the safe in this room your lady wants her money (we had 9k in there, we just got our income tax back) I tell them no, (plus I had at least an oz in a jar in there lol)  They tell me I have to, I tell them they better go get management or a warrant im not opening this safe!!

 

They call down stairs and find out that the room was in my name, They left and took her with them lmao!

 

Im sitting there in the morning and she comes to the room still drunk and says I want the cash out of the safe, I tell her we already spent our budget we need the rest to get bills caught up and christmas presents for the kids, plus we were buying a new used vehicle for us!

 

so she calls 911 and they came and took her away again!

 

Nothing happened to me, I called my old man to come get me and we beat her home!

 

Im so happy this was a few yrs back or I would probable be in more trouble than the guy in the car!

 

I have also gotten caught burning one on state land under the canapy of my camper by the dnr, they arrested me, took my loaded .22 my stash and some empty bottles of bho, I was saving the to refill, they said it was black tar heroin on my arrest, this happened on a saturday and on monday I was at the police station getting my gun back and than I found out my charges.....black tar heroin, this was before carruthers, it came back thc, bottom line is I had a camping permit, I was alone no other campers within miles of me, and when you camp on state land with a camping permit, a certain amount of that land around my camp is private, they had to drop every thing, I would not try it in a state park camping place, but in the forrest alone it is private property!

 

I have a few more funny story's of me getting caught medicating since becoming legal!

 

Its funny I have no storys about me doing prescribed narcotics for over 12 yrs!  I guess it is ok to kill our selves on methadone and xanax but we cant do weed that as far as I know never killed any one or made me dt like the opoids!

 

I swear on my sons life these are true happenings with me and mm!

 

Happy Thanks Giving!

 

go lions!

 

Peace

[imiubu]

Well stated resto.

[t-pain]

We can expect even more decisions like this under MI Legalize.

and we can expect even more decisions like this under MMMA.

 

except under milegalize, a penalty for smoking in a public place will be $100.

[Smallbiz]

^^^ yes

[AmishRnot4ganja]

It kind of strikes me as odd that a casino would want to discourage cannabis use.

 

Aren't there some tribes in Wisconsin that want to grow cannabis and sell it on the reservation?

[Restorium2]

It's always about money with a casino. They probably just wanted to get the word/fear out forcing people to pay for a smoking room if they want to smoke there. It seems to me these places just get greedier and greedier over time. Hit them in the pocket book and don't go there. It's the right thing to do. 

[phaquetoo]

never get the senior citizens to stop going to the indian casino's, Gambling is as adicting as alcohol, narco's and sex!

 

We used to just have the pony's and ilegal number's game before the gov started the lottery and allowed indian casino's to open!

 

nevada and vegas was/is mafia's gig!

[solabeirtan]

Your right-on with that Phaq. The numbers came from independent entrepreneurs also known as numbers runners and/or bookies. Seems like this is what the Govt does best fill up the jails first. Then  legalize it ( isn't stealing against the law ) and start pocketing their ill-begotten gains!  Sounding very familiar? these days...

 

Check this out what they've caused by their medling with things that they dont have a clue about:  "With the advent of more and more of gambling opportunities in recent decades, the sport has suffered through a long-term decline as a spectator sport. Even as Seattle Slew and Affirmed were winning back-to-back Triple Crowns in 1977 and 1978, racing attendance was falling off. In 1975, tracks (for all forms of horse racing) attracted over 78 million spectators. Five years later—despite those unprecedented consecutive Triple Crown performances—attendance had dropped below 75 million. By 1986, it was down to 70 million, and then it collapsed—only 42 million answered the bugler’s call to the post at the nation's racetracks in 1997".   The Atlantic  

Edited November 28, 2015 by solabeirtan

[AmishRnot4ganja]

Your right-on with that Phaq. The numbers came from independent entrepreneurs also known as numbers runners and/or bookies. Seems like this is what the Govt does best fill up the jails first. Then  legalize it ( isn't stealing against the law ) and start pocketing their ill-begotten gains!  Sounding very familiar? these days...

 

Check this out what they've caused by their medling with things that they dont have a clue about:  "With the advent of more and more of gambling opportunities in recent decades, the sport has suffered through a long-term decline as a spectator sport. Even as Seattle Slew and Affirmed were winning back-to-back Triple Crowns in 1977 and 1978, racing attendance was falling off. In 1975, tracks (for all forms of horse racing) attracted over 78 million spectators. Five years later—despite those unprecedented consecutive Triple Crown performances—attendance had dropped below 75 million. By 1986, it was down to 70 million, and then it collapsed—only 42 million answered the bugler’s call to the post at the nation's racetracks in 1997".   The Atlantic  

I expect the same thing to happen to recreational cannabis use after it becomes legal.

[bobandtorey]

Thanks

 

Are you saying no matter what Law the people pass Leo won't follow it ?

 

Do you think that the people taking up signatures are wasting their time ?

[phaquetoo]

every thing was legal untill big brother made it ilegal!

 

Peace

[outsideinthecold]

Michigan used to have factories that made products. Now it has casinos that make embezzlers.

 

Amazing really, the number of esteemed public servants who are getting caught with their hands in their office's budget cookie jar.

[phaquetoo]

Michigan used to have factories that made products. Now it has casinos that make embezzlers.

 

Amazing really, the number of esteemed public servants who are getting caught with their hands in their office's budget cookie jar.

yea white collar and most of them dont even do time! the court system works for rich people and smart people, no one else, I know of people who have had no choice but to cop a plea for a msd or face a trial that could give them 15 yrs in prison, Im telling you im gonna cop the plea if it isnt a fellony and take the misd instead of putting my life in the hand of a judge!

 

Untill we can get a grip on this law, we need jury nullifications, any one that voted for the law should make sure they dont get kicked off of the jury and make sure they find the defendent innocent, no matter what (unless they are child molester mm pt's or selling to kids, or letting their kids sell the wares to kids) you would be surprised how many kids my daughter tells me about who's dad's and mom's let them sell grams so they can make profit!

 

We have to draw a line some where, the only time I sold to kids in school is when I was a kid in school!

 

I have been using mj since 5 dollar nickles that were measured as 2 and 1/2 finger, and 10 buck lids that were measured with 5 fingers making them very close to an oz if not more, and we still got some pretty good smoke, jamican, columbian gold, red, rainbow, tighe sticks, hawaiian, cali sensi, norther lights from canada! and of course the nasty mexican crap!

 

The first time I could get some one to sell me a 1/4 lb it cost me 60 bucks and sold for 30 and oz!

 

Peace

[Alphabob]

Are you saying no matter what Law the people pass Leo won't follow it ?

 

Do you think that the people taking up signatures are wasting their time ?

 

The central problem is the system and incentives in place to promote illicit behavior by LEO and the courts. When we have one law that only offers exemption from others, it is extremely easy for LEO to abuse law-abiding citizens. For the average citizen, not knowing the law isn’t an excuse; but for LEO it is. Officers of the law no longer need to know the actual law and can use this ignorance to their advantage.

 

For example, let’s say a city has local ordinances against paraphernalia or marijuana. You could be fully covered by the MMMA and exempt from such charges, but that does not stop you from being charged, arrested and taken to court. We could have a law that says to transport usable marijuana in the trunk in a container, but that doesn’t stop LEO from making up laws such as a “locked” container. How long has the unconstitutional transport law been going without any actions as to removing it? What do we think will happen as the public further pushes for decriminalization? Most likely additional fines, violations, unconstitutional laws, misinterpretations of the law, ect. I’m sure if LEO was actually punished for not knowing the law or violating basic civil rights they would be significantly more careful. Instead, we have the opposite where LEO can confiscate personal belongings without a crime commissioned and then financially benefit from it.

 

So no, I don’t think people are wasting their time collecting signatures, but simply legalizing marijuana will not solve the underlying problems. This country has evolved into a prison system with an insatiable hunger for police/drug enforcement funding and militarization. The “system” consists of individuals with specific ideologies, which are unlikely to change regardless of the majorities view. So in addition to legalizing, we need to dismantle the war on drugs, the profit to be obtained by harassing/stealing from law-abiding citizens, the profiteering in American prisons, the individuals who hold their ideologies above the will of the people, and the immunity that those in the judicial and executive branches have when breaking their oaths by ignorance/wrongful-interpretation of the law.

Edited November 28, 2015 by Alphabob