This article chronicle the implementation of the Michigan Medical Marijuana Act, passed by referendum in the general election 2008th As expected, when applied to our human tapestry, MMA has already been subject to some judicial interpretation of the classic, with a strong promise of more to come.
Michigan Legislature passed the MMA in the fourth December 2008, the Michigan State 13 to allow the cultivation and possession of marijuana for medical purposes. The Act lists a number of findings related to marijuana useful in treating nausea, pain and other effects of various debilitating diseases. The law also notes that the FBI, 99% of all marijuana possession arrests of the country are done in accordance with the state rather than federal law. It is important to note that possession of drugs remains illegal under federal law.
MMA defines "debilitating medical condition, including cancer, glaucoma, HIV, hepatitis C and other diseases along with other chronic afflictions that cause pain and nausea. "primary caregiver" is defined as "a person who is at least 21 years and who agreed to help the patient's medical use of marijuana and who was never convicted of a crime involving illegal drugs." "qualifying patient" is "a person who has been diagnosed by a physician, such as debilitating medical condition ."
the basic mechanics of the Act to ensure that qualifying patients and primary care services (marijuana growers) must have a "Registry identification card" issued by the Department of Community Health. Tens of thousands of applications were processed, but many thousands remain on hold with every week anymore, and the demand for certification, for marijuana, the seemingly insatiable here in Michigan
.the basic mechanics of the Act to ensure that qualifying patients and primary care services (marijuana growers) must have a "Registry identification card" issued by the Department of Community Health. Tens of thousands of applications were processed, but many thousands remain on hold with every week anymore, and the demand for certification, for marijuana, the seemingly insatiable here in Michigan
....Physicians also have immunity from prosecution in relation to their certification of patient need for drugs, so long as they carry out assessment of the patient's medical history. legitimate doctor-patient relationship is required.
Since the U.S. Supreme Court decided the case of Conant vs Walters in 2003, doctors were able to recommend the patient marijuana use (but can not prescribe pot setting recommendations on prescription form). Doctors can also make notes in connection with their recommendations in the patient chart and can testify on behalf of the patient in the medical use of marijuana in court. The Supreme Court's decision Conant paved the way for passage of the MMA.
Primary care services may receive compensation for their marijuana. Sell marijuana supplies is also allowed in MMA, and such souvenirs can not be seized.
People only present during the use of marijuana for medical purposes are also not subject to arrest.
sound too good to be true? When marijuana is distributed to persons who are not qualified patients, the registration card is revoked, and the service is subject to a 2-year felony. Also, driving under the influence of marijuana remains illegal, just like smoking in public places. Use or possession of pot at school or on school buses is still prohibited. And yes, it is still illegal to smoke in jail or prison, regardless of their health.
The law set a short schedule (120 days) for the Department of Community Health to make regulations for the management of possession / distribution conviction. delay in making these regulations is the way to confusion between the law, the public and some judges, such as legal and what is illegal.
For example, the 2009 Redden case from Madison Heights included a couple was arrested during a drug-RAID. The couple had applied for a certification card prior to their arrest and got a ticket a month after their arrest. The dismissal of the case brought against the two defendants, 43 District Judge Robert Turner MMA characterized as "the worst piece of legislation I've seen in my life, " according to the Detroit News. Judge Turner dismissal was appealed by the Oakland County Prosecutor, where confirmed in Oakland County Circuit Court.
Earlier this year, the Michigan Court of Appeals upheld Oakland Circuit Court Judge Martha Anderson reinstatement of criminal charges against Redden and Clark. Now, the accused Madison Heights couple, or will have to enter a plea or go to trial.
At the time of the attack on the couple's residence, Oakland County Sheriff seized 1.5 ounces of pot, some nominal cash, and about 21 small plants. Three weeks before the attack, each defendant had to undergo a medical certification exam with Dr. Eric Eisenbud (do so), Colorado (and recently founded the Hemp and Cannabis Foundation Medical Clinic) and is used for medical marijuana cards in accordance with the MMA. His map, however, was not released at the time of the raid.
A couple of preliminary examination before Judge Turner, the plaintiff claims that: a) the accused were required to refrain from "medicating" with marijuana, and their application in the State of Michigan Department of Community Health are in progress, and B), defendants had no bona fide physician-patient relationship with Dr. Eisenbud.
Judge Turner found that the MMA is confusing in relation to what constitutes a reasonable amount of marijuana. The accused in this case were found with an ounce and a half, MMA allows for 2.5 ounces
.Judge Turner has the following solution:
Judge Turner has the following solution:
...So, on this basis, can be found in Section 8 does not apply. I believe that I am obliged to reject this issue on the basis of Article 8 Statute.
According to the applicable rules of court, the plaintiff appealed the dismissal District Court in Oakland Circuit Court. In reversing the District Court of its counter-part, Judge Anderson held that the judge improperly Turner acted as the finder of facts in the case of layoffs. Judge Anderson also questioned whether the couple could take advantage of the MMA is an affirmative defense in general, for allegedly failing to comply with theprovisions of of the Act ,ie,keeping the pot aside and locked -up,and waiting until they get their tickets from the Department of Community Health before growing their pot.
During the bust of Madison Heights, however, the couple could have received a marijuana card because DCH did not start issuing cards. So far, almost 30,000 certificates were issued.
In its September 2010 opinion affirming Judge Martha Anderson, the Court of Appeal ruled that the MMA affirmative defenses were available to defendants, even though they did not have their cards at the time of their pot was seized. appellate court held against the defendants, however, on the grounds that, at the time of their preliminary examination in district court, his defense of affirmative under the MMA was incomplete and has created a fact question.
the court found these facts to the unresolved questions at the end of exams: the bona fides of the doctor-patient relationship, whether the amount of marijuana found in the residence was "reasonable"under the Act, and whether the marijuana was used by defendants for palliative purposes, as required by law.
the most interesting thing about the Court of Appeals' Redden decision was a sharp concurring opinion of Judge Peter D. O'Connell. Judge O'Connell wrote separately because he will have more narrowly tailored affirmative defense available in MMA, and because he wanted to "develop" some general discussion about the Act set forth in the briefs and oral arguments.
The study was done. Judge O'Connell is a 30-page opinion first notes that the possession, distribution and manufacturing of marijuana remains a federal crime, and further notes that Congress expressly found that the plant "has no acceptable medical use ."
In what will undoubtedly become a classic line from his opinion, Judge O'Connell writes: "I will try to cut through the haze surrounding this law." The judge was skeptical that people really use pot to "heal" and suspected of using the device for recreational purposes.
It also takes into account the poor quality of law to the extent that is inconsistent with other provisions set forth in the Health Code.
Judge O'Connell takes the next tour de force through the legislative history of MMA. Here we learn that the work is based on a model law proposed lobbyists known as the Marijuana Policy Project Washington, DC The group progress and medicinal and recreational uses of marijuana.
"Confusion", and lots of it, as Judge O'Connell views the MMA. In one of the many footnotes in his opinion, Judge warns against all marijuana use, while the result was settled, once and for all, the Michigan Supreme Court:
Until our Supreme Court gives a final comprehensive interpretation of this Law, it would be wise for the citizens of this country to avoid any use of marijuana, if you do not want to risk violating state law. Again, the issue stern warning to all: do not attempt to explain this act on its own. Reading this act is similar to participating in the Triwizard tournament is described in the book Harry Potter and the Goblet of Fire: a labyrinth that this statute is so complex that the final result will only be known after the Supreme Court had the opportunity to review and remove haze from this Act .
Euan Abercrombie, 1st year student at Hogwarts, the school will probably remark: "Wow ".
For its part, the criminal defense bar, commenting on the via the listserv, are basically gone wild over the concurring opinion, with more web site references and pictures of marijuana advertisements. consensus among the defense bar, however, that the majority opinion is correct and that Judge Anderson, at the end of the day, got it right, Redden was not the cleanest to dismiss the case pursuant to
.Oakland County Sheriff and the prosecutor properly anticipated by the Court of Appeals' September decision. A few weeks ago Redden decision, they conducted a series of raids office, tons of ruffling feathers on the road.
Of course, the application for leave to appeal has been filed with the Michigan Supreme Court.
For additional procedural guidelines, we have prepared a legal guide to MMA for those who use marijuana for palliative legitimate purposes under the Act. Take note, however, that at least one appellate lawyer to people managing chronic "pain" on prescription meds to medical marijuana mess is distinguished by our Supreme Court.
Redden is not the only case of MMA caused some consternation. Rodney Koon's case gained notoriety. Koon was convicted of the offense because he admitted to police that he used marijuana to "treat", earlier in the day that is pulled by the police. Koon was also admitted to drinking beer, but his blood alcohol was within legal limits. Without enough funds for the appeal, Koon was stuck with his convictions, even though the pot card at the time of his arrest.
rules have sprung up across the state cut the scope of the MMA. Bloomfield Hills, for example, passed a regulation in October require a card carrying medical marijuana certificate to register with the Bloomfield Township police. Regulations also require the submission of the form of police detection of the patient, driver's license number and date of birth, whether the patient owns or rents their home, and to determine how many other patients are sharing their home.
In addition, the regulation limits the number of medical marijuana patients who can live at one address, and prohibits the cultivation of marijuana for medical purposes anywhere in Bloomfield Township. Violation of the Ordinance 93-day misdemeanor carries a $ 500 fine.
Bloomfield Hills is among several municipalities have passed ordinances that limit the provisions of the Law on Medical Marijuana, criminalize the conduct authorized by law, or both.
Now, regulation is the subject of a lawsuit against the municipality for two tricky [their "clients" are John and Jane Doe] veteran criminal defense attorneys: Tom Loeb, Neil Rockind. complaint, no doubt heading to the Michigan Supreme Court, does not seek money damages but, declarative and injunctive relief.
municipality in place, MMA is coming under fire for a dazzling drawback: it is a fraud for recreational pot users. Yes, there are legitimate medical marijuana users out there, in spades, for which the MMA is designed to help. There are many "patients" whose medical records were reviewed with a passing glance by a doctor more interested in high-volume overview of compensation, but in determining whether a person has the right sort chronic medical conditions requiring MMA. LawBlogger wonders how much of certified users, among the tens of thousands of backlogged applicants younger than 25 years, or college kids whose only chronic condition is their desire to party down
.As these legal challenges grind through the court system in the next two or three years, MMA will be the subject of death-by-Rule on the city-by-site basis. Lawyers Rockind and Loeb noted in his press conference announcing his lawsuit that the Ordinance in Bloomfield Hills can not stand insofar as it contradicts the current Michigan law.
As these legal challenges grind through the court system in the next two or three years, MMA will be the subject of death-by-Rule on the city-by-site basis. Lawyers Rockind and Loeb noted in his press conference announcing his lawsuit that the Ordinance in Bloomfield Hills can not stand insofar as it contradicts the current Michigan law.
...This past fall, the recent election was a set-back for the progressive cannabis laws. California's Proposition 19 lost votes from 56% to 44%. If successful, the proposed law would be the first country to legalize recreational use of marijuana.
in Arizona, the medical marijuana proposal lost.
in California, pot initiative is lost due to small number of voters under 26 years turned out to moderate voters rejected the initiative. The recent violence from Mexican drug gangs in California and Arizona, the initiative has not helped either.
mixed messages floating around the issue here in Michigan. Recently, a large pot-Expo is scheduled for the Pontiac Silverdome, billed as the largest pot-party in the world, was canceled at the last minute.
All this raises the question: do we really need to legalize pot? Is our nation's pot smoking? Does marijuana have a genuine palliative properties?
One of the main problems of perception with medical marijuana laws is that people simply going through the administrative steps to obtain a "medical" is certified for use pot, but smoking in a recreational basis.
No good comes from the law that establishes requirements that are perceived as a farce. It might be better to legalize marijuana outright, and then arrange their production, sales and distribution.
California was really looking forward to billions in pot-derived government revenues. Here in Michigan, there is confusion about who can legally grow pot and how it should be grown and distributed "patients". In Arizona, the issue is too close to call after 3-day mid-term elections.
So, what are they smoking? That's what Detroit-based consultant Cannabis attorney Matthew Abel is asking for the Michigan Senate Judiciary Committee, which met earlier this year, in January, to discuss a package of laws would be amended in public health so that medical marijuana must be dispensed by pharmacists, and medical marijuana classified as schedule 2 controlled substance.
"It seems that if the legislation ever passed these bills, they will be in conflict with the medical marijuana statute, " said Abel. "So, they would need 3 / 4 vote replaced the law, and you know that they can not even get 3 / 4 of the legislature to agree on lunch, let alone this ."
Southfield-based attorney Michael Shell, who also serves as treasurer for the Michigan Medical Marijuana Association, said similar bills are bills introduced last year, last year, the accounts will also be allowed for 10 growing marijuana facilities must be connected the pharmacy, got no traction.
This year's incarnation of law essential to the production of all medical marijuana illegal, although use will continue to be protected by law, the Chamber said.
"It's like the stamp act, mysterious, and without understanding what is really happening with the patient's needs, " said Shell. "Bottom line, this is an attempt to abolish the Michigan medical marijuana act ."
It's impossible, "said Abel, require the issuance of medical marijuana through pharmacies.
"They do not offer, and no way to get it. There's just no way for them to do, " said Abel.
However, he was just resting with the idea that the bills going nowhere, and are really more about political grandstanding for popularity, but what about Michigan medical marijuana laws.
Now MMA is around long enough to generate some interesting cases and controversies, we have to wait until one of them entering through the Michigan Supreme Court to get the true meaning of this law. Our blog takes the position that MMA is flawed and thus, is exposed to failure, so long as it can be used to cover recreational pot use. Perhaps the most common sense thing to do at this point is what Peter Tosh called on the world: simply to legalize
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