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Michigan MMj ~ Recent Challenges

Miss Blunted

Resident Bongtender
Veteran
i cant believe michigan people voted synder and shuette in why do we always flip flop back and forth...? any repub state majority will bann MMJ peroid.

Because there are 3 types of people in Michigan. The uneducated, the poor and the rich. Actually there are 4 types....you have the normal people too, obviously not enough of us to keep this a Democratic state.

This is going to affect so many families and I'm sad for all of us, we have nothing here....MMJ is keeping families above water and children fed. Would they rather have all of the unemployed or growers be on welfare???
 

Mt Toaker

Member
Shits going down in Michigan right now, places with their doors open are getting raided left and right. . . They are hurting so many people right now it pains me to think about the lives they are ruining.

Prohibition goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation and makes a crime out of things that are not crimes . A prohibition law strikes a blow at the very principles upon which our government was founded.
-Abraham Lincoln

Stop infringing upon our rights as human beings!
 

OjoRojo420

Feeling good is good enough.
Veteran
While dealing with the American government one must never be naive or trusting...

Cannabis will always be an underground and tight lipped affair.

So sorry for those who trusted politicians... (how could you?)

Ojo
 

br26

Active member
I just talked to a prosecutor in the southern part of the state. Dispensaries may be shut down, it is still in the air. One thing for sure is that the dispensaries have experienced Cali lawyers and money to fund them now. It will be a court war for a long time. This does not stop the transfer from caregiver to patient or caregiver to caregiver. The market may now be more open for individuals not engaged with the shops. They have no more corner on the market, which is a good thing. Charging as much as $550 for an oz. of cali grown product. Those dispensaries should be ashamed. More ads will just pop up on the c list for business as they have been for product half the price.
 

MIway

Registered User
Veteran
I just talked to a prosecutor in the southern part of the state. Dispensaries may be shut down, it is still in the air. One thing for sure is that the dispensaries have experienced Cali lawyers and money to fund them now. It will be a court war for a long time. This does not stop the transfer from caregiver to patient or caregiver to caregiver. The market may now be more open for individuals not engaged with the shops. They have no more corner on the market, which is a good thing. Charging as much as $550 for an oz. of cali grown product. Those dispensaries should be ashamed. More ads will just pop up on the c list for business as they have been for product half the price.


From what I've read, it does stop the patient to patient sales, as well as caregiver to patient sales, as well as caregiver to caregiver sales. It all revolves around the Appeals Court interpretation that 'sale' is not inherent in 'delivery & transfer' when discussing 'medical use'. Really a crock of semantic shit, but here is the relevant paragraphs from the actual ruling...


http://coa.courts.mi.gov/documents/opinions/final/coa/20110823_c301951_67_301951.opn.pdf

"First, § 4(e) authorizes a registered primary caregiver to receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. MCL 333.26424(e). However, § 4(e) goes on to state that “[a]ny such compensation shall not constitute the sale of controlled substances.” Id. This quoted sentence would not be needed if the definition of the “medical use” of marihuana included the “sale” of marihuana. No statutory provision should be rendered nugatory. Apsey v Mem Hosp, 477 Mich 120, 131; 730 NW2d 695 (2007). Consequently, § 4(e) actually supports the conclusion that the “medical use” of marihuana does not include the “sale” of marihuana.

Second, § 4(k) states that any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not permitted to use marihuana for medical purposes shall have his or her registry identification card revoked and is guilty of a felony. MCL 333.26424(k). We agree with Judge O’CONNELL that the fact that § 4(k) “specifies a particular punishment for a specific type of violation does not mean that, by default, the sale of marijuana to someone who is allowed to use marijuana for medical purposes under this act is permitted.” If the drafters of the MMMA intended to authorize the sale of marihuana from one qualifying patient to another, “they would have included the term ‘sale’ in the definition of ‘medical use.’” Redden, 290 Mich App at 115 (O’CONNELL, P.J., concurring) (emphasis in original).

In conclusion, the “medical use” of marihuana does not include patient-to-patient “sales” of marihuana, and neither § 4(e) nor § 4(k) permits the sale of marihuana. Defendants, therefore, have no authority under the MMMA to operate a marihuana dispensary that actively engages in and carries out patient-to-patient sales of marihuana.16 Accordingly, defendants’ operation of CA is not in accordance with the provisions of the MMMA.17"

 

PoopyTeaBags

State Liscensed Care Giver/Patient, Assistant Trai
Veteran
I just talked to a prosecutor in the southern part of the state. Dispensaries may be shut down, it is still in the air. One thing for sure is that the dispensaries have experienced Cali lawyers and money to fund them now. It will be a court war for a long time. This does not stop the transfer from caregiver to patient or caregiver to caregiver. The market may now be more open for individuals not engaged with the shops. They have no more corner on the market, which is a good thing. Charging as much as $550 for an oz. of cali grown product. Those dispensaries should be ashamed. More ads will just pop up on the c list for business as they have been for product half the price.



umm if you sell weed to anyone besides your patients its illegal now in michigan it deff stops caregiver to caregiver unless you want to give it to him for free.
 

PoopyTeaBags

State Liscensed Care Giver/Patient, Assistant Trai
Veteran
I think it could be going more the way of delivery services. . .


you guys dont get it PATIENT TO PATIENT IS NOW ILLEGAL...

no delivery no dispensary no selling to friends that are patients/caregivers... no nothing...

and on top of that there 8 more laws in place to "regulate" the MMMJ program and half of them can demantle the whole thing if passed.
 

PoopyTeaBags

State Liscensed Care Giver/Patient, Assistant Trai
Veteran
what i dont get is it says we can be compensated for or work. so meaning we can take money which is a sale so as long as we can give weed to other patients/caregivers system works. which is how it was be for it was "reinterpreted"
 

TickleMyBalls

just don't molest my colas..
Veteran
It's all bullshit. I think it will all pass. This appelet court ruling will be overturned. They are attempting to make one half of a transaction expressly permitted in our law legal, and the other half illegal. It won't stand.

This is war. Mount up motherfuckers. I'm ready to do battle.
 

Mt Toaker

Member
Poopy no, Patient to patient "sales" is illegal and so are caregiver to patient "sales". There is nothing about patient to patient TRANSFERS. So if you were a delivery service and charged a delivery fee based on the needs of the patient it would be a completely legal transfer. The ruling does not change the act at all involving patient to patient transfers or caregiver to patient transfers, but SALES. There are ways around the law and a lot of it is with the language used to make a transaction. I've heard of a dispensary that is still open, now money transfers happen at the front desk instead of in the consultation room and the patients pay a consultation fee based on their needs. We'll see how that turns out, language is 90% of the law. . .

It's all bullshit. I think it will all pass. This appelet court ruling will be overturned. They are attempting to make one half of a transaction expressly permitted in our law legal, and the other half illegal. It won't stand.

This is war. Mount up motherfuckers. I'm ready to do battle.

I doubt it will be overturned, for that to happen the Michigan Supreme Court would have to pick it up. Since they chose what cases they take I doubt this will be one because they will more then likely support the court of appeals ruling.
 

br26

Active member
If only the campaign contributions from pharmaceutical corporations to elected officials were available to the public. We could see who and how much they are legally bribing our trusted politicians and judges.

They were talking last year of just having the gov just grow and regulate it. Out of the hands of anyone who is not "chronically ill."

Some raids yesterday in the AA. Dispensaries operating out of bounds apparently.

http://www.annarbor.com/news/medical-marijuana-dispensary-police-raid-in-ann-arbor/

"U.S. Postal Inspection Service agents were there, but Sturdivant declined to say why the federal agency was involved." Sounds kinda like a state and fed government tango. Narc agencies are really getting the feds involved, which is not in the interest of the voters of Michigan. Put it to a national vote already!
 
S

stickey fingers

CHANGE obama

CHANGE obama

:fsu: medical mmj in the us is like sleeping with the devil
i have been a med patient in cali sence 215, i do not trust
anyone especicaly the goverment.....

BEST WISHES TO ALL MMJ PATIENTS AND FREEDOM FIGHTERS !!!
:thank you:
RIP DR JAY
 

Miss Blunted

Resident Bongtender
Veteran
what i dont get is it says we can be compensated for or work. so meaning we can take money which is a sale so as long as we can give weed to other patients/caregivers system works. which is how it was be for it was "reinterpreted"

If we can't take money from people, hand them our bills and tell them to take care of it. Done. Just kidding...:moon:
 

Yah`mon

Member
All dispensaries in my area... still open, most not taking new patients atm, but some have had the local cops and even the mayor come in after the ruling. Still open.

I hope this doesn't go any further.
So do we have to rely on them appealing it? Shouldn't dispensary owners all band together and get a good group of lawyers to fight this?

Anyone going to the rally at the capital on sept 7th?

Yah`mon :tiphat:
 

TickleMyBalls

just don't molest my colas..
Veteran
There is a group of dispensaries that have banded together and formed an organization that has ACLU lawyers and lobbyists. It's called MACC. Michigan association of compassion centers I believe.
 

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