Michigan medical marijuana patients are in a fight for their lives.
Despite the fact that an overwhelming 63 percent of voters approved their medical marijuana law in 2008 -- winning every county in the state -- lawmakers have unaccountably decided to ignore the will of the people who elected them.
Now circulating in the Michigan Legislature is badly written legislation which would, in effect, gut the law approved by the people four years ago. Things are so bad that activist Joe Cain, CEO of the National Medical Marijuana Association, is calling it the the "Last Stand of the Michigan Medical Marijuana Act."
"The politicians are claiming that patients and caregivers have approved the bills," Cain told Toke of the Town on Wednesday. "Nothing could be farther from the truth."
Joe Cain, National Medical Marijuana Association: "The simple truth is the government has targeted the sick since the day the law passed"
"Patients opposed these bills in both chambers of the Legislature with their forceful and compassionate testimony," Cain told us. "The truth is these bills will make it much easier to identify and arrest the sick and their caregivers.
"The simple truth is the government has targeted the sick since the day the law passed," Cain said. "They have slandered, libeled, persecuted, arrested and thrown us in prison. They have played legal scrabble with the wording of the Act.
"Now they are poised to overthrow the will of the people to legalize the abuse that has heaped upon the innocent," Cain said. "We must defend ourselves or accept the warped justice of the Michigan Legislature."
"Everyone should assemble on the front steps of the Capitol building on September 19, 2012 at High Noon to oppose this tyranny," Cain said.
"No matter how long the fight, we will stop them from hurting sick people!" Cain said.
Here are the problem pieces of legislation currently before the Michigan Legislature that must be watched closely, according to Cain:
HB 4851 of 2011 House Bill Health; medical marihuana; definition of "bona fide physician-patient relationship"; clarify. Amends sec. 3 of 2008 IL 1 (MCL 333.26423).
Last Action: 05/08/2012 - REFERRED TO COMMITTEE ON JUDICIARY
HB 4834 of 2011 House Bill Health; medical marihuana; photograph on medical marihuana card; require. Amends sec. 6 of 2008 IL 1 (MCL 333.26426).
Last Action: 05/08/2012 - REFERRED TO COMMITTEE ON JUDICIARY
HB 4853 of 2011 House Bill Criminal procedure; sentencing guidelines; sentencing guidelines for crime of selling or providing medical marihuana to unprescribed user; implement. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n).
Last Action: 05/08/2012 - REFERRED TO COMMITTEE ON JUDICIARY
SB 0504 of 2011 Senate Bill Health; medical marihuana; dispensing medical marihuana within 1,000 feet of a church or school; prohibit. Amends sec. 4 of 2008 IL 1 (MCL 333.26424).
Last Action: 06/29/2011 - REFERRED TO COMMITTEE OF THE WHOLE
SB 0505 of 2011 Senate Bill Health; medical marihuana; qualification for designation as primary caregiver; establish. Amends sec. 6 of 2008 IL 1 (MCL 333.26426).Last Action: 05/08/2012 - PASSED BY 3/4 VOTE ROLL CALL # 313 YEAS 35 NAYS 2 EXCUSED 1 NOT VOTING 0
Cain invites Toke of the Town readers to sign a petition asking the Governor of Michigan to implement the will of the people and stop abusing the sick. You can sign the petition by visiting Change.org here.
In 2008 the voters of the state of Michigan approved an initiative that was suppose to protect the sick and dying from arrest. This initiative also offered protection for those who served as caregivers. Almost immediately law enforcement, prosecutors, the courts and politicians began to undermine the Act. Raids were conducted. The sick were brutalized during arrest and raids, They were used as test cases. Their property seized. Thrown in prison. Some have even been killed. In defiance of the people the law has never been implemented. Had it been implemented the government would have everything they need to operate an efficient program.
The government stands ready to override a people's initiative without having ever implementing the original act. These politicians hold the voters in contempt and are substituting their will for that of the voters. It is time for this tyranny to stop. The government should immediately table all legislation and implement the will of the people. The government is currently ignoring the constitution and purposely hurting the sick. We demand these abuses cease immediately. Implement the law and quit bullying the sick and depriving the voters of their rights.
I wish this would mention Obama is MORE likely to be pro cannabis then mr I can’t drink coffee because it’s a drug and against my religion Romney… This gives the false impression Romney is better on this issue! He is NOT.
You guys should give him some credit. Someone is leaning on Obama, be mad at them for the policies and him for not standing up for us. But don’t blame him for the crackdown because he isn’t the one who ordered it!
I can seriously see him executive ordering cannabis off the CSA threw the AG office, but you guys can’t abandon him, he needs the protection a second term politician gets!
Vote Obama or you are cutting off your own nose to spite your face!
When researching the effect of legislation it must be analyzed by it’s cumulative effects on the population that will be affected. In the case of laws generated by the legislature intent, definition and precedence must weighed. Ours is a voters initiative so language created by the voters, the construction is in simple English. If the new bills are passed our law will be interpreted according to the legislative intent, in directlyand indirectly affected areas of the law. So without doing any analysis, the fact that the law has been altered bythe legislature would have a huge impact on it meaning. Terrible for us. Great for the government. So for example, much of the analysis presented in the McQueen decision would become valid and applicable.
US vs Gerald Duval Jr. and Jeremy Duval case #11-20594 (medical marijuana)
After this law was pased, We never thought in a million years, that we would be going to federal prision for growing legal medical marijuana, within state guidelines.
This could be you.
On June 16, 2011, after serving a state warrent, findind all in compliance with state law. The assholes went federal. Found guilty by jury on 04,20,2012.
Our story..Google.. US vs Gerald Duval Jr and Jeremy Duval (medical marijuana)
Thanks for the support around the country
Jerry Duval
We will break them Blueberry, when they go home at the end of the day they can walk to their cars with their heads hung in shame for the way they are treating people
ANANYSIS OF BILLS THAT PASSED THE SENATE JUDICIARY COMMITTEE
HB 4834
We approve of extending the card expiration date to two years (Page 3, line 13).
We approve of establishing a panel to review new conditions that may be treated with medical cannabis (Page 7, line 8).
We do not approve of integrating confidential patient and caregiver information into the Law Enforcement Information Network (LEIN) for the following reasons:
1) The definition of law enforcement officer is too broad, and it virtually ensures abuse. In it’s Boilerplate Report to the Legislature – PA 133 of 2009, Sec. 304, the Michigan State Police outline who has access to LEIN. Most disturbing is access granted to Private Security Police with arrest powers, these individuals include hospital and mall security officers. Voters did not intend to allow security guards access to the state registry, it was intended solely for State, County, and local police officers who are engaged in an active investigation (starting on Page 4, line 27 to Page 6, line 3).
2) Police officers access LEIN for routine traffic stops. Will I now be arrested because I have a medical cannabis card? Michigan Police State Legal Update #96 recaps People v. Koon, a case decided by the Michigan Court of Appeals that authorizes officers to arrest drivers they suspect are under the influence of cannabis. Driving under the influence means having any cannabis in my system according to this opinion, and because cannabis takes longer to leave the body than any other substance, I could be arrested days after I consume any medical cannabis. I agree that intoxicated drivers should be removed from the roads, but an officer will know that I have a medical cannabis card and some officers will automatically charge me with DUID. This provision is ripe for abuse by new and aggressive officers who are looking to be promoted within their agency, or who are opposed to medical cannabis (People v. Koon Appeals Court Opinion and MSP Legal Update #96).
3) Are you familiar with the Michigan ICHAT system? For $10.00 anyone can search LEIN through the Michigan State Police. Will registry information be made available via ICHAT? That would eviscerate any confidentiallity. http://apps.michigan.gov/ichat/home.aspx
The revised language of this bill also changes a requirement for primary caregivers and would preclude any person with any felony from becoming a caregiver. (Page 4, line 22)
HB 4851
We approve of the clarification on outdoor growing, but I’m concerned about the following language; “Not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure”. This provision will prevent many people who live in metropolitan areas from growing plants, even if they live several blocks away from any high-rise structure (Starting on Page 3, line 6).
We oppose the provision that outlines transporting cannabis plants. This provision states that only one person can be in a vehicle transporting cannabis plants. This provision is discriminatory and will prevent disabled patients who can not drive from acquiring any plants (Page 4, line 1).
HB 4853
We have no opinion of this bill.
HB 4856
This bill does not amend the Michigan Medical Marihuana Act, rather it amends the Public Health Code to restrict the transportation of medical cannabis. I suspect that if this legislation is passed, it will be challenged and overturned by the courts as conflicting with the MMMAct.
This bill conflicts with the Michigan Medical Marihuana Act which allows for the transportation of medical cannabis, specifically in Sections 4 (a) & (b), which the Michigan Supreme Court has ruled provide immunity from prosecution for transporting medical cannabis in accordance with the MMMAct.
This provision is tailor made to permit law enforcement officials to harass medical cannabis patients and caregivers. No other medication is required to be transported in this manner. Additionally, how can it possibly be more dangerous for someone to drive with cannabis, than it is for people to drive with a blood-alcohol content of .08 or less, or someone who is a CPL holder and carries a loaded weapon?
This bill will prevent bikers, motorcyclists, atv riders, snowmobilers, and some boaters from possessing cannabis. This provision does not make sense other than it panders to law enforcement who are not happy about having to let people with cannabis drive away from a traffic stop. This bill is discriminatory because it only targets medical cannabis card holders, and it will most certainly be challenged in the courts.
All of these changes are a serious erosion of card holder rights and the cannabis community encourages everyone to contact your Senator today and tell them to back off legal card holders!
Over the last four years the government has violated the civil rights of patients and caregivers by not implementing the Act. The government brutalized our community. These bills give them the ability to locate and prosecute us at will. We will lose our HIPAA rights. Other changes are promised while the bills are on the floor. We need help now. Everyone needs to participate. They have the votes. We must break their will.
Ill be at the Capital Sept. 19th to show that MMJ patients deserve equal tretment just as Rx patients. It should just be an alternative option for those who cannot take nasty pills, and not even an issue of right or wrong. Equal Rights for Patients!!
I'll be on the steps of the Capital Sept. 19th. This is the main reason I will be there straight from the Michigan State Constitution:
"No law initiated or adopted by the people shall be subject to the veto power of the governor, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature."
And, the Republican politicians of this State think they are above the State Constitution, and can do what they want. esspecially the Dow Chemical spokes person Michigans A.G. Bill Schutte.
Steve's priorities are bringing you all marijuana related news and truths!!! there might be states ready for full legalization and that is great, but here in Michigan we have medical marijuana legal unfortunately the government here is trying to change the laws and as a result patients could lose their rights, freedoms, privacy, and safe access of their medicinal marijuana. This is why we are talking about Medical Marijuana, if these changes are implemented by the government here other people in other states will also start to lose their rights.
It is a losing person that fights for freedom on just one front,,,every effort by the establishment to maintain prohibition by breaking the laws voted in by the people must be challenged.
