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79 Applicants To Sell Medical Marijuana In Detroit


bobandtorey

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Dispensaries are still illegal in Detroit as the rest of the state. The city doesn't have to do anything really. They are merely creating a licensing and enforcement system for when and if they ever become legal.  And likely when it does bec

ome legal, they will have to write a completely new city ordinance because the legalized version will likely not match up with their current plans anyway.

 

 To me it is no different than requiring street corner dealers to get a vendors license, or a tax stamp.

 

 Haha...

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You would think the various uses of “any” is an easy quantifier, but here in Michigan you would be wrong. I personally believe it was a mistake to bring Carruthers to CoA, as I’m sure others were fighting similar charges with edibles made directly from flowers/leaves instead. The law reads clearly and did not need CoA for understanding. If you want to claim edibles are usable marijuana, then you need to go by their full weight according to the language. The “thereof” is also clear in its reference to flowers and leaves only.

 

Yes, it would have likely happened at some point, but Carruther’s case had some of the worst case foundations and self-incrimination. The argument was contradictive; they want it to fit under usable marijuana for section 4, but then argue the weight limit for usable marijuana should only apply to the THC rather than resulting mixture/preparation (i.e. the "usable marijuana"). But that wasn’t what screwed us over. What screwed us over was the policy makers and prosecutors who started instructing LEO that all mixtures/preparations are illegal based upon Carruthers (which is false).

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Making us claim edibles at their actual weight doesn't really make any logical sense. It would never stand the test of time because it's pretty much a ridiculous idea. What needs to be quantified is what went into the medible out of the 2.5 limit. That cuts both ways but it's the only thing that makes sense to a honest unbiased party. If you sent this to an unbiased arbitrator they would conclude that a medible is legal if the weight of what usable marijuana went into it is less than 2.5 ounces and it would be subtracted from your 2.5 as you carry it. Not a great thing for anyone really. Pretty hard to prove what went into any medible and who wants to do that every day? Medibles are unworkable until new law is written to make them more tenable. Trying to include them in the Act as it stands is nearly impossible in a workable way. You can't get there from here without some help.

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Dispensaries are still illegal in Detroit as the rest of the state. The city doesn't have to do anything really. They are merely creating a licensing and enforcement system for when and if they ever become legal.  And likely when it does bec

ome legal, they will have to write a completely new city ordinance because the legalized version will likely not match up with their current plans anyway.

 

 To me it is no different than requiring street corner dealers to get a vendors license, or a tax stamp.

 

 Haha...

 

 

Dispensaries are still illegal ? Imho Law one of 2008 has turned into a Zip code Law 

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Making us claim edibles at their actual weight doesn't really make any logical sense. It would never stand the test of time because it's pretty much a ridiculous idea. What needs to be quantified is what went into the medible out of the 2.5 limit. That cuts both ways but it's the only thing that makes sense to a honest unbiased party. If you sent this to an unbiased arbitrator they would conclude that a medible is legal if the weight of what usable marijuana went into it is less than 2.5 ounces and it would be subtracted from your 2.5 as you carry it. Not a great thing for anyone really. Pretty hard to prove what went into any medible and who wants to do that every day? Medibles are unworkable until new law is written to make them more tenable. Trying to include them in the Act as it stands is nearly impossible in a workable way. You can't get there from here without some help.

 

 

Thanks i guess we have to leave it up to the Courts ?

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You would think the various uses of “any” is an easy quantifier, but here in Michigan you would be wrong. I personally believe it was a mistake to bring Carruthers to CoA, as I’m sure others were fighting similar charges with edibles made directly from flowers/leaves instead. The law reads clearly and did not need CoA for understanding. If you want to claim edibles are usable marijuana, then you need to go by their full weight according to the language. The “thereof” is also clear in its reference to flowers and leaves only.

 

Yes, it would have likely happened at some point, but Carruther’s case had some of the worst case foundations and self-incrimination. The argument was contradictive; they want it to fit under usable marijuana for section 4, but then argue the weight limit for usable marijuana should only apply to the THC rather than resulting mixture/preparation (i.e. the "usable marijuana"). But that wasn’t what screwed us over. What screwed us over was the policy makers and prosecutors who started instructing LEO that all mixtures/preparations are illegal based upon Carruthers (which is false).

 

 

Thanks

 

maybe that was why the State picked  Mr. Carruther just to get want they wanted more Laws against cannabis users

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Thanks i guess we have to leave it up to the Courts ?

They have already had their way. We need better wording, then some unbiased courts to solidify it. It's a tall order with conservatives dragging their feet. They want something in return and we have nothing to give them. So don't ask them for anything.

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Thanks

 

maybe that was why the State picked  Mr. Carruther just to get want they wanted more Laws against cannabis users

The State didn't pick him. He appealed. If he would have won and the State appealed then you would be correct.

 

Defendant appeals by right from his conviction of possession of marijuana with intent to deliver, MCL 333.7401(2)(d)(iii ), following a jury trial.

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Medical Marijuana Caregiver Centers in Detroit soon will have to fork over nearly $4,000 annually to the city for fees associated with a business license and an inspection.

The requirement goes into effect in one to two weeks, according to Detroit City Councilman James Tate’s office.

The Detroit City Council authorized the fees at a formal session earlier this week. Before this, medical marijuana dispensaries were not required to pay fees.

The application fee for a business to secure a license is $1,470; the inspection fee for the Detroit Health Department is $2,276.

Meanwhile, a zoning ordinance, which was approved by the Detroit City Council last December, requires that Detroit medical marijuana dispensaries submit bids to operate in the city by March 31. The number of bids submitted to the city as of Friday is 132.

The ordinance dictates that dispensaries operate in designated zones such as 1,000 feet from Drug Free Zones, including arcades, child care centers, educational institutions, libraries, outdoor recreation facilities, schools and youth activity centers; 1,000 feet from other medical marijuana caregiver centers; and 1,000 feet from a controlled use center, a city park and religious institutions.

http://www.crainsdetroit.com/article/20160311/NEWS/160319971/detroit-medical-marijuana-centers-face-nearly-4000-in-fees

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The State didn't pick him. He appealed. If he would have won and the State appealed then you would be correct.

 

Defendant appeals by right from his conviction of possession of marijuana with intent to deliver, MCL 333.7401(2)(d)(iii ), following a jury trial.

 

 

Thank you

 

So you think he wasn't picked and i believe the State was watching him and by the way he was doing business and followed him because anyone the thinks they our Legal and then find out just how legal they where not by the Oakland County Court 

 

anyone would appeal if they have the $$$

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They have already had their way. We need better wording, then some unbiased courts to solidify it. It's a tall order with conservatives dragging their feet. They want something in return and we have nothing to give them. So don't ask them for anything.

 

a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, and this defense shall be presumed valid where the evidence shows that:

 

That is great wording's IMHO

 

Sec 4 said you can't be arrested sounds like that should have worked also

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imagine the low hanging fruit at most every dispensary proudly displayed often. Cookies and brownies and suckers and chocolate and caramel and some other very creative cannabis culinary treats, along with various oils all made from cannabis. fishy they don't pluck at that all at once, plenty of plea bargains and court decisions right there, lots of over time for cops and cash for courts and lawyers too. Plus they might get lucky and find a handicapped person to pick on or stuff to break while loitering at the raid.

I'm not aware of other instances where the active ingredient of a drug is separated and weighed as the amount criminally charged. Street  drugs and Rx often come RTU mixed with ingredients that are not drugs at all. The police weigh the whole mixture and charge for that weight.  always wondered how they got away with that.

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I didn’t consider street drugs that are cut with fillers, but that is a good example. The reasoning behind using total weight is likely from expected profits. The more supply you have, the more you are expected to sell and the more the law wants to punish you. Of course, this does not extend very well to medicinal marijuana. Regardless of what makes sense, we have a medical marijuana act that limits by total weight of ‘usable marijuana’. Any direct mixture or preparation of the flowers and leaves, as a whole, is by definition ‘usable marijuana’.

 

The scale goes both ways however. You can increase the final weight of ‘usable marijuana’ by making mixtures, or you could decrease the final weight by various types of extraction like BHO or rosin. Either way I would not advise doing so, as LEO is treating all mixtures and preparations as illegal. In fact, the arguments coming from the opposite side (LEO) is that extracts like BHO are overly concentrated or dangerous. Although I agree that production is dangerous in the hands of most, they are effectively taking a stance on actual THC quantities rather than gross weight. You can’t have your cake and eat it, but that’s what LEO, FDA and others plan to do; and it’s what Carruthers attempted.

 

I’m guessing dispensaries are not any more of a target with edibles and extracts because they already face multiple felony charges when busted. At that point, the products are more likely to be included in the total weight of marijuana rather than synthetics and such.

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