vertigo0007
Member
So youve all seen the supreme court ruling. Anyone wanna bet on how long before the raids start?
Michigan dispensaries seem fucked, lets talk about it shall we?
- Thread starter vertigo0007
- Start date
Burning Tree
Member
http://www.annarbor.com/news/jeff-irwin-marijuana-decriminalization-michigan/
http://www.mlive.com/news/flint/index.ssf/2013/02/michigan_supreme_court_medical.html
Just more shades of grey. A public nuisance still has to be brought against the dispensary by the county prosecutor in order to get them to close. Some municipalities may decide to have theirs closed. Hopefully the dispensary bill sitting in committee will be pushed out and approved which would change this ruling.
Its not as sure of a thing some people thought.
http://www.mlive.com/news/flint/index.ssf/2013/02/michigan_supreme_court_medical.html
Just more shades of grey. A public nuisance still has to be brought against the dispensary by the county prosecutor in order to get them to close. Some municipalities may decide to have theirs closed. Hopefully the dispensary bill sitting in committee will be pushed out and approved which would change this ruling.
Its not as sure of a thing some people thought.
Burning Tree
Member
Link to the actual opinion:
http://************/auwy6j9
Edit: that is tinyurl up there don't know why it blocked it. You can also find the link in the comments section of the first article I posted.
http://************/auwy6j9
Edit: that is tinyurl up there don't know why it blocked it. You can also find the link in the comments section of the first article I posted.
vertigo0007
Member
Nothinh in certain in a state w no provisions for dispensaries anywhere in the written law and a rampaging cock for and attorney general
D's
Member
How about these apples... Back in the day I donated plasma for $20 cash up to 2x a week for a total of 8x a month for $160/ month they paid me for my time only. In the state of Michigan it's illegal to sell bodily fluids but I was getting paid tax free. So here is 1 conclusion that I know would fly....consultations cost money and the herb is free.... Patient has ailment and asks the budtender what they would recommend and that is the fee. Get it approved by your townships/cities boards first...they run the police more than people realize. Just some food for thought about legal loopholes as long as no one that matters is looking. My .02 worth. Peace D's
http://www.michigan.gov/mobi/ag/0,,7-164-58856_59015-294679--,00.html
This is the link to the state ag's website for schuette's immediate statement of effect.
http://publicdocs.courts.mi.gov:81/opinions/final/coa/20110823_c301951_67_123o-301951-final.pdf
Thats the link to download the doc directly from MI Supreme Court... Hopefully that works.
I'l clip and post summaries in a sec...
This is the link to the state ag's website for schuette's immediate statement of effect.
http://publicdocs.courts.mi.gov:81/opinions/final/coa/20110823_c301951_67_123o-301951-final.pdf
Thats the link to download the doc directly from MI Supreme Court... Hopefully that works.
I'l clip and post summaries in a sec...
D's
Member
The opinion says nothing of the words of gifting, which has separate meaning than transfer/sell. Nothing but a damn word game. People can gift things of value to one another. I gift this to you for using my knowledge of cannabis strains. I'm very sure we can beat them with this word game bs. Hell cannabis users are most of the creative people we have. Peace D's.
February 8,* 2013
******** LANSING -* Attorney General Bill Schuette today praised a significant ruling from the Michigan Supreme Court which found marijuana dispensaries can be shut down under Michigan's public nuisance law. The 4-1 ruling virtually prohibits all retail marijuana sales.* The Court ruled that sales or transfers of medical marijuana beyond those permitted for the narrow universe of registered caregivers and their connected five patients violate the Michigan Medical Marijuana Act (MMMA).
The case arose from Schuette and Isabella County Prosecutor Larry Burdick's challenge to a for-profit scheme of marijuana sales among patients at a Mount Pleasant marijuana dispensary, Compassionate Apothecary. *The ruling now stands as statewide precedent for all other lower court cases and carries immediate effect.
The Michigan Supreme Court ruled Compassionate Apothecary is in violation of the MMMA in State of Michigan v. Brandon McQueen and Matthew Taylor, d/b/a Compassionate Apothecary, LLC. The Court concluded that:
The MMMA does not legalize marijuana;
The MMMA does not permit marijuana dispensaries;
The MMMA prohibits unrestricted retail sales of marijuana;
The "medical use" of marijuana under the MMMA limits marijuana transfers or sales to a registered caregiver and that caregiver's five registered qualifying patients, as connected through the State's medical marijuana registry;
The MMMA does not offer immunity to a registered qualifying patient who sells or transfers marijuana to another registered qualifying patient; and,
The MMMA does not offer immunity to a registered primary caregiver who sells or transfers marijuana to anyone other than a registered qualifying patient to whom the caregiver is connected through the State's medical marijuana registry.
In today's ruling, the Michigan Supreme Court concluded:
*
Because the business model of defendants' dispensary relies entirely on transactions that do not comply with the MMMA, defendants are operating their business in "[a] building . .* .* used for the unlawful . . . keeping for sale . . . or furnishing of a controlled substance," and the plaintiff is entitled to an injunction enjoining the continuing operation of the business because it is a public nuisance.* (pp. 21-22)
*
*"Today Michigan's highest Court clarified that this law is narrowly focused to help the seriously ill, not an open door to unrestricted retail marijuana sales," said Schuette.* "Dispensaries will have to close their doors. Sales or transfers between patients or between caregivers and patients other than their own are not permitted under the Medical Marijuana Act."
Schuette will send a letter to Michigan's 83 county prosecutors explaining that the ruling clearly empowers them to close dispensaries and include instructions on how to file similar nuisance actions to close dispensaries in their own counties.
In March 2011, Schuette joined Isabella County Prosecutor Larry Burdick in the case.* The Isabella County prosecutor's office sought to have Compassionate Apothecary, a medical marijuana club owned by Mt. Pleasant residents Brandon McQueen and Matthew Taylor, declared a public nuisance and closed on the grounds its activities violated the MMMA.** Burdick and Schuette argued the marijuana dispensary violated the Michigan Medical Marihuana Act (MMMA) by allowing profits from medical marijuana sales, in addition to patient-to-patient marijuana transactions, and the possession of medical marijuana in excess of legal limits by the club owners. The club allowed patient-to-patient sales of marijuana, with the club profiting by taking a 20% commission.
Oh well... Copy/paste doesnt work well on multipages for me. The SC rulimg is worth reading, at least the first 3page summary. But above is what schuette link says... He has made it a mission to take apart the mmj laws and in the recent past has ordered state troopers to enforce federal drug laws over state law...
******** LANSING -* Attorney General Bill Schuette today praised a significant ruling from the Michigan Supreme Court which found marijuana dispensaries can be shut down under Michigan's public nuisance law. The 4-1 ruling virtually prohibits all retail marijuana sales.* The Court ruled that sales or transfers of medical marijuana beyond those permitted for the narrow universe of registered caregivers and their connected five patients violate the Michigan Medical Marijuana Act (MMMA).
The case arose from Schuette and Isabella County Prosecutor Larry Burdick's challenge to a for-profit scheme of marijuana sales among patients at a Mount Pleasant marijuana dispensary, Compassionate Apothecary. *The ruling now stands as statewide precedent for all other lower court cases and carries immediate effect.
The Michigan Supreme Court ruled Compassionate Apothecary is in violation of the MMMA in State of Michigan v. Brandon McQueen and Matthew Taylor, d/b/a Compassionate Apothecary, LLC. The Court concluded that:
The MMMA does not legalize marijuana;
The MMMA does not permit marijuana dispensaries;
The MMMA prohibits unrestricted retail sales of marijuana;
The "medical use" of marijuana under the MMMA limits marijuana transfers or sales to a registered caregiver and that caregiver's five registered qualifying patients, as connected through the State's medical marijuana registry;
The MMMA does not offer immunity to a registered qualifying patient who sells or transfers marijuana to another registered qualifying patient; and,
The MMMA does not offer immunity to a registered primary caregiver who sells or transfers marijuana to anyone other than a registered qualifying patient to whom the caregiver is connected through the State's medical marijuana registry.
In today's ruling, the Michigan Supreme Court concluded:
*
Because the business model of defendants' dispensary relies entirely on transactions that do not comply with the MMMA, defendants are operating their business in "[a] building . .* .* used for the unlawful . . . keeping for sale . . . or furnishing of a controlled substance," and the plaintiff is entitled to an injunction enjoining the continuing operation of the business because it is a public nuisance.* (pp. 21-22)
*
*"Today Michigan's highest Court clarified that this law is narrowly focused to help the seriously ill, not an open door to unrestricted retail marijuana sales," said Schuette.* "Dispensaries will have to close their doors. Sales or transfers between patients or between caregivers and patients other than their own are not permitted under the Medical Marijuana Act."
Schuette will send a letter to Michigan's 83 county prosecutors explaining that the ruling clearly empowers them to close dispensaries and include instructions on how to file similar nuisance actions to close dispensaries in their own counties.
In March 2011, Schuette joined Isabella County Prosecutor Larry Burdick in the case.* The Isabella County prosecutor's office sought to have Compassionate Apothecary, a medical marijuana club owned by Mt. Pleasant residents Brandon McQueen and Matthew Taylor, declared a public nuisance and closed on the grounds its activities violated the MMMA.** Burdick and Schuette argued the marijuana dispensary violated the Michigan Medical Marihuana Act (MMMA) by allowing profits from medical marijuana sales, in addition to patient-to-patient marijuana transactions, and the possession of medical marijuana in excess of legal limits by the club owners. The club allowed patient-to-patient sales of marijuana, with the club profiting by taking a 20% commission.
Oh well... Copy/paste doesnt work well on multipages for me. The SC rulimg is worth reading, at least the first 3page summary. But above is what schuette link says... He has made it a mission to take apart the mmj laws and in the recent past has ordered state troopers to enforce federal drug laws over state law...
That would be included in the "broad meaning of transfer" as the SC covered it, which does also include "sale/sell" by this recent ruling... So in very limited circumstances (as outlined in the law), sales are now clearly included in the mmma. This is specifically between a cg and his/her registered patient...but apparently does not include any patient with any cg... That point is (imo) altering the actual wording of the law. The law clearly states a cg may assist "a patient" with medicinal use, not "only his or her registered patient" as the new ruling goes. The dissenting opinion goes to the point the sc majority has interpreted and applied meaning to words that was likely unintended with the drafters, and overall public welfare from criminal prosecutions.
They limited medical use in specific ways, where the recent p2p 'gifting' coa ruling will no longer be valid.
It doesnt say dips are outright illegal, just the transfer and compensation model CA was using isnt valid,and may be handled as a public nuissance. It is hard to imagine another model that fits with the cg/reg pat limitations though. Likely be a new law this next session...?
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D's
Member
Broad meaning being implied and that doesn't fly. There will always be loop holes. The politicians won't close them all. They need the loop holes for their family and friends. Replace "x"drug charge with "y" drug charge is just one example. And btw I'm not entirely for dispensaries I am for liberty and personal responsibility. And using civil court vs criminal court is a small battle won. One more ballot measure could really make the courts and senators realize they have lost. Peace D's
D's
Member
I like the way you think miway, just trying to provoke conversations about using better language to prevent the twisting of our law and future laws needed to take back our country from the corporations. And by chance learning the difference in "a" and "the" is elementary. But the word "their" wasn't included and that was intentional I do believe, from the drafters. Now we know how to write law to include what's allowed and restrict what's not A-Z. Peace D's
vertigo0007
Member
Hahahahaha neg rep for telling it like it is? Contribute to the thread instead of throwing rocks from behind a curtain
vertigo0007
Member
Thanks miway for the excerpt
Burning Tree
Member
SO what is eveyones opinion on Sec 8 Affirmative Defense? Meeting the requirements is grounds for a pre trial dismissal. I think our real protection lies here.
Will it protect a CG to another qualifying patient?
Will it Protect patient to patient?
Will it protect a CG to another qualifying patient?
Will it Protect patient to patient?
I know a lot of patients count of places like dispensaries for their medicine but IMO the owners of these establishments would like to do away with patient and caregiver growing. They already accuse us of unsafe grows with unsafe medicine. I certainly won't feel sorry for dispensaries if they fall, patients and honest caregivers are a much better system for everyone involved.
OMG... i spit on myself a little... Lol. thats just rich.
But as a cg...they need us and we need them...and pats can benefit to boot.
It would be nice to havr quality assurances all the way around...for everyone. Its absolutely a benefit to the user, but its also a competitive advantage to cgs and dips with their game faces on. Win-win...now if we could just get there.
State needs to pull its head out first...or it will stay black market grade, with no assurances or accountability to product quality.
Work-arounds
Work-arounds
Hey D's
Russ Belville was talking about this on his show the other night, not sure if you listen to 420 radio or not.
Anyway, he was talking about how people in Colorado are now taking out ads on Craig's List etc. offering to do things like sell you a sponsorship for a worm at their worm ranch. You pay whatever the "adoption fee" is, and they give you a certificate and also an eighth of weed.
His take on that, and I have to agree, is that it's fuel for the fire of our enemies. The people who've been misinformed this whole time or are control freaks can't empathize with how long we've been waiting and how much it sucks. All they think about is, here are the rules, and those stoners just keep breaking them.
Ultimately I think if you do that kind of thing you just give them a way to push back harder. Just my 2 cents.
<3 Tesla
Work-arounds
Hey D's
Russ Belville was talking about this on his show the other night, not sure if you listen to 420 radio or not.
Anyway, he was talking about how people in Colorado are now taking out ads on Craig's List etc. offering to do things like sell you a sponsorship for a worm at their worm ranch. You pay whatever the "adoption fee" is, and they give you a certificate and also an eighth of weed.
His take on that, and I have to agree, is that it's fuel for the fire of our enemies. The people who've been misinformed this whole time or are control freaks can't empathize with how long we've been waiting and how much it sucks. All they think about is, here are the rules, and those stoners just keep breaking them.
Ultimately I think if you do that kind of thing you just give them a way to push back harder. Just my 2 cents.
<3 Tesla
Good luck in getting to use it...
I fully qualified having been forced to bring in all of my patients and the dr's that issued cards ...
was still denied a right to a section 8 with a reputable cannabis lawyer and fully compliant to the law.
ended up being forced to take a plea ...possession of mj charge
while being a licensed patient and cg.....
I'd suspect the raids to begin this very day for anybody opening shop today in a county where the PA has a hard on for a dispensary.
Burning Tree
Member
Hey Cabron. If you dont mind a couple a questions?
Could you tell us where this happened in MI? Just N,S,E,W not exact.
Also when did it happen? It probably was not after the Green case in DEC and now this case. They both have clearly laid out Se c4 immunity and Sec 8 Affirmitive defense. I have also heard mentioned of the same type of situation that has happened to you but also know of successful dismissals.
Courts will have a hard time doing what they did to you now and if they do the appeals court will likely grant a dismissal.
