The War on Medical Marijuana in MI Super Thread, NEWS,BUST,LAWS <<<<Updated Often>>>>

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MILegalize Awaits a Decision in Michigan Court of Claims
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New Buffalo, Michigan- The Four Winds Casino and Resort will host a fundraiser for the MILegalize organization on August 20, and key campaign officials confirm their status in the Court of Claims: waiting patiently.

New Buffalo is in the southwestern corner of Michigan, and the Four Winds casino is a top-notch facility. Fundraiser guests will gather in the private dining room of the casino’s outstanding dinner buffet- which features all-you-can-eat prime rib, crab legs, gourmet deserts and more! For those who like to eat, this is the ultimate feast.

Hostess and MILegalize Board member Josey Scoggin put together this wonderful party; she is also the co-founder of Sons and Daughters United, a medical marijuana-centered charity who pays the legal bills of some families struggling in Michigan’s court system.

Ticket prices range from $100 (individual), $500 (VIP Couple), and $1,000 for an entire VIP table. VIP tickets have additional benefits, as outlined on the MILegalize event page for the fundraiser, located HERE. There will be speakers addressing the attendees; this is a rare western Michigan event to support marijuana legalization. Tickets can be purchased at the door or in advance at MILegalize.com.

The event is three hours long, from 4pm until 7pm, and all guests are subject to the standard casino attendance restrictions and policies. There is child care available on-site, per the flyer. Most criminal defense attorneys in Michigan advise people to not consume medical marijuana on-site, even in your parked car, as the rules on casino property are different and a medical use may not be recognized.

Trying to change that situation: MILegalize. The marijuana legalization Committee is still stuck in the Michigan Court of Claims, awaiting a decision on their writ of mandamus seeking to force the Board of State Canvassers (BOSC) to validate the 354,000 signatures the group submitted on June 1.

Michigan law allows citizen-directed initiatives that do not seek a Constitutional amendment the entire time period between gubernatorial elections to collect signatures from voters on petitions- which could be up to four years. A longstanding BOSC policy allows for a standard 180-day campaign window, wherein the validity of the signatures is confirmed on the date the paper was signed, and a non-standard campaign window for any signatures older than 180 days, where the signatures would have to be verified on two dates: the date signed and the date submitted.

The current policy involves certifications from each individual County in Michigan (there are 83) of all the petition signers from that county, and was created before electronic spreadsheets and databases became the normal way of doing the government’s business. Earlier this year the BOSC created a plan to update their 30-year old procedure for double-validating the voter registration of signatures older than 180 days. In the case of MILegalize, those are signatures gathered between June 25 and December 1, 2015.

First, BOSC staffers drafted the new procedural policy to verify signatures that did not involve the clerks; then, the Board rejected their own rules update on a tie vote with two Dems saying YES and two Repubs saying NO; then the Board followed up with a letter sent to all 83 county clerks which explained how they would be asked to verify petitions by groups including the MILegalize organization- but that the clerks didn’t actually have to comply with that request.

Even though the BOSC established a legal requirement to submit petitions to the county clerks for validation, the BOSC also let the clerks opt-out of the validation process, ensuring the petition drive would fail. When asked, most of the clerks in Michigan did reject the petition validation requests made by various organizations.

This impossible standard, established by the BOSC, is what MILegalize is fighting in Court.

Another petitioning organization which sought to ban fracking from Michigan also sued the government in the Court of Claims, with the same judge. Their suit challenged the new law, established by the Michigan legislature in 2016, which removes the four-year petitioning period and replaces it with a strict 180-day rule. The judge recently dismissed their case partly because he believes they did not have standing to challenge the rule since the anti-fracking petitions were never submitted.

This movement by the judge on the anti-fracking lawsuit may signal that a decision is near on the MILegalize case, a sentiment expressed by several MILegalize Board members. Further legal hurdles await the organization; and the fundraiser in New Boston will enable MILegalize to continue battling to put the legalization issue on the ballot.
 
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State of Cannabis: Michigan
By Daniel Shortt on August 21, 2016
Posted in Advocacy


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This is proving to be a big year for cannabis. As a result, we are ranking the fifty states from worst to best on how they treat cannabis and those who consume it. Each of our State of Cannabis posts will analyze one state and our final post will crown the best state for cannabis. As is always the case, but particularly so with this series, we welcome your comments. We have finally crossed the half-way point. The states featured going forward generally have mixed laws when it comes to cannabis. Some good, some bad, and some ugly. Today we turn to number 18: Michigan.

Our previous rankings are as follows: 19. New Hampshire; 20. Ohio; 21. New Jersey; 22. Illinois; 23. Minnesota; 24. New York; 25. Wisconsin; 26. Arizona; 27. West Virginia; 28. Indiana; 29. North Carolina; 30. Utah; 31. South Carolina; 32. Tennessee; 33. North Dakota; 34.Georgia; 35. Louisiana; 36. Mississippi; 37. Nebraska; 38. Missouri; 39. Florida; 40. Arkansas; 41. Montana; 42. Iowa; 43. Virginia; 44. Wyoming; 45. Texas; 46. Kansas; 47. Alabama; 48. Idaho; 49. Oklahoma; 50. South Dakota.

Michigan
Criminal Penalties. The possession of any amount of marijuana can earn up to 1 year in prison and a maximum fine of $2,000. The use of marijuana can earn up to 90 days in prison and a maximum fine of $100. A person who faces a possession or use charge may earn a conditional discharge, provided that he or she has no prior offenses.

The exchange of marijuana without remuneration (i.e., a gift) earns up to 1 year in prison and a maximum fine of $1,000. The sale of under 5 kilograms earns up to 4 years in prison and a maximum fine of $20,000. The sale of between 5-45 kilograms earns up to 7 years in prison and a maximum fine of $500,000. The sale of over 45 kilograms earns up to 15 years in prison and a maximum fine of $10,000,000.

Medical Marijuana. In 2008, voters passed the Michigan Medical Marijuana Act (MMMA), legalizing medical marijuana. The act was ambiguous and complicated. In a case reviewing the act, Michigan Court of Appeals Judge Peter J. O’Connell acknowledged this and made the following warning:

Reading this act is similar to participating in the Triwizard Tournament described in J.K. Rowling’s Harry Potter and the Goblet of Fire: the maze that is this statute is so complex that the final result will only be known once the Supreme Court has had an opportunity to review and remove the haze from this act.

Several attempted legislative fixes and court challenges failed to clarify the law (Michigan Radio, the local NPR affiliate, provides a helpful timeline). In 2013 the Michigan Supreme Court issued an opinion clarifying the MMMA. In State of Michigan v. McQueen, the court ruled that the MMMA did not permit marijuana dispensaries and prohibited unrestricted retail sales of marijuana. As a result, Michigan closed medical marijuana dispensaries. A recent opinion from a Michigan Court of Appeals has affirmed that patients are limited in how they can obtain medical cannabis. Patients can grow their own marijuana or obtain it from a caregiver who can provide marijuana for no more than five patients. Patients who choose to grow their own cannabis must keep no more than 12 marijuana plants in a locked facility, not viewable by the public. If grown outdoors, the plants must remain in a fenced structure that restricts the public’s access to and view of the plants.

Patients must obtain a registration card after receiving a recommendation from a physician for a qualifying condition. The MMMA named several qualifying conditions, including cancer, HIV/AIDS, and Alzheimer’s disease. Patients may also use medical marijuana to treat chronic and debilitating medical conditions not named in the statute if the condition or treatment for the condition causes two of the following side effects: cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, or severe and persistent muscle spasms. Michigan will recognize medical marijuana authorizations from other states, provided that the other states also recognize Michigan cannabis authorizations.

Recreational Marijuana. Legalization proponents in Michigan are currently in a legal battle attempting to place a legalization initiative on the 2016 ballot. There is a challenge as to whether some signatures used to qualify the initiative for the ballot were over 180 days old, rendering them invalid. At this time, the fate of the legalization ballot is still unknown.

Bottomline. The criminal laws in Michigan are fairly middling. The penalties are in line with laws across the country. It is unfortunate that Michigan still criminalizes the use of marijuana. Michigan’s medical marijuana laws are a mess. Depending on how you feel about regulations, this could be deemed a positive or a negative. The state does not have dispensaries but does allow for homegrows. Some may view Michigan’s uncertainty as an opportunity to grow marijuana without interference from regulatory bodies. Others may see the lack of clarity as a reason to worry. It can be hard to predict the legality of a certain action when the rules are so unclear. Finally, although it may not happen in 2016, Michigan appears to be moving towards full legalization. Overall, Michigan marijuana is probably the most confusing state but still not too bad.

http://www.cannalawblog.com/state-of-cannabis-michigan/
 
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Michigan Marijuana Legalization Initiative Probably Won’t Make Ballot
An effort in Michigan to let voters decide whether to legalize marijuana got plenty of signatures to appear on the fall ballot, even if tens of thousands were tossed out as fake or invalid. Proponents of the initiative submitted 354,000 signatures, 100,000 more than the state required.
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But there is another rule that apparently is going to keep Michigan voters from getting the chance to decide. Michigan law requires that all signatures to get on the ballot be gathered within a 180-day time frame. MI Legalize, the group pushing the initiative, got a good chunk of signatures prior to the 180-day window. MI Legalize has challenged the mandate, saying that requiring all the signatures be gathered within that window is unconstitutional and not supported by state law.

There's an interesting twist on their claims, the Detroit Free Press reports. While the 180-day rule has been uncontested all along, MI Legalize is correct: It was not technically state law when they gathered the sigantures. Guess what happened next:

The requirement did not become state law until Gov. Rick Snyder signed a bill on June 8. His signing was announced minutes after the State Board of Canvassers voted 4-0 to disallow the 137,000 signatures, and less than a week after MI Legalize submitted a total of more than 354,000 signatures. The group needed about 253,000 signatures to be certified by state elections officials for a ballot spot.

In 1986, the Michigan Supreme Court upheld the 180-day signature window for petitions to amend the state constitution. But the MI Legalize complaint concerns the far more commonplace petition drives for ordinary ballot questions, which do not attempt to change the state constitution.


MI Legalize challenged the decision but the state's Michigan Court of Claims just upheld the decision. The group is filing an emergency appeal to try to get it in front of Michigan's Supreme Court. The Detroit Free Press notes that they've only got a couple of weeks to get a favorable ruling before clerks start getting ballots printed. Otherwise they might have to try to get it onto the 2018 ballot, assuming we're still having this fight about marijuana (Spoiler: We will be).

https://reason.com/blog/2016/08/24/michigan-marijuana-legalization-initiati
 
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Man arrested after police follow trail of dirt to stolen medical marijuana plants

JACKSON, MI – Police recovered a man's recently stolen medical marijuana plants after following a trail of dirt and fallen leaves left at the scene to a nearby apartment Sunday.

At 7:30 a.m., Aug. 28, police responded to a home in the 1400 block of N. Cooper Street for a breaking and entering report, said Jackson Police Deputy Chief Elmer Hitt.

The homeowner told police someone had broken into his home and stolen 10 marijuana plants being legally grown for medical use, Hitt said.

Officers on scene noticed a trail of dirt and plant debris left behind from where the plants were and followed it outside. The trail ended at an apartment in the 400 block of Blair Park Drive, Hitt said.

There was no response when police knocked on the door of the apartment. Police obtained and executed a search warrant for the home and discovered several marijuana plants inside, Hitt said.

Police arrested an 18-year-old man in connection with the theft. He currently is lodged in the Jackson County Jail, Hitt said.

http://www.mlive.com/news/jackson/index.ssf/2016/08/man_arrested_after_police_foll.html
 
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Michigan’s Marijuana Initiative Foiled for 2016
Judge dismisses Lawsuit Aimed at Reinstating Signatures

Main content MI MARIJUANA BALLOT APPEAL WIDE

While there was hope that Michigan voters would get decide this November on the legalization of a recreational cannabis trade, there have been some major setbacks that will likely prevent this from happening – at least for now.

A Michigan judge dismissed a lawsuit this week intended to reinstate thousands of signatures for the MILegalize campaign. Judge Stephen Borrello of the Michigan Court of Claims said that he would not entertain the complaint filed by the pro-marijuana reform organization because there is nothing written in the language of the law that obligates the state to consider the signatures collected outside the 180-day window.

“The purity of elections is an important state interest that is furthered by the rebuttable presumption that signatures more than 180 days old are stale and void,” Borrello wrote in his decision, referencing a three-decade-old precedent by the Michigan Supreme Court.

Although MILegalize recently submitted enough signatures to qualify for the ballot, the state Board of Elections disqualified 200,000 of them because they were gathered after the 180-day timeframe. This rule was tightened up back in June when Governor Rick Snyder signed a new law intended to repair the loophole in the statute that had been allowing supporters of voter initiatives to extend their signature collecting campaigns beyond the allotted deadline.

But since MILegalize was well into its signature collecting process at the time the update policy hit the books, the group is planning to file an emergency appeal with the Michigan Supreme Court.

Unfortunately, due to time constraints, there does not appear to be much hope that the group’s last-ditch effort to earn on spot in the ballot this November will be met with much success. That because city clerks are down to the wire for giving final approval to absentee ballots, which are expected to be sent out sometime by the third week of September.

If MILegalize fails to convince the state’s highest court that it deserves to move forward, Michigan voters will likely be forced to wait until 2018 to determine if the state should bring down the scourge of prohibition.

https://www.merryjane.com/news/judge-dismisses-michigan-marijuana-lawsuit
 
john martin

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I seriously think the only way Snyder got re-elected was voter fraud, the teachers dont like him, people who drive on these things called roads dont like him, us cannabis users dont like him, minorities dont like him, people who like clean drinking water dont like him

what the fuck
 
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Marijuana supporters ask Michigan Supreme Court to allow legalization vote
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Believers in the right for Michigan voters to decide whether or not the state should legalize recreational marijuana use for people 21 and older are taking the fight to the state's highest court.

MI Legalize, the group behind the effort to place a question about legalizing recreational marijuana use on the November 2016 ballot, filed a motion for the Michigan Supreme Court to overturn a lower court's ruling that the state has no obligation to count all of the the submitted voter signatures.

"Immediate action is necessary so that the voters are not deprived of their right to vote" on the question in the November election, the Thursday, Aug. 25, motion submitted to the Supreme Court reads, asking for the case to be expedited.

A growing marijuana plant. MLive file photo
The group wants to get its petition on the November ballot, which requires 252,523 valid signatures. MI Legalize turned in 345,000 signatures, but the Board of State Canvassers determined that not enough of those signatures were valid because some were collected more than 180 days before the signatures were turned in, making them invalid under Michigan law at that time.

Wanting to avoid the process in place of validating signatures through county clerks, organizers unsuccessfully tried to get the Board of State Canvassers to establish an easier method of validating old signatures.

After MI Legalize turned in its signatures, the legislature changed Michigan law to limit the signature collection period to a strict 180 days.




Pot petition in limbo as Gov. Rick Snyder signs law tightening signature timeline

Those petitioning voters for a spot on Michigan's ballot will have a strict 180 days to gather signatures under a law signed by Gov. Rick Snyder Tuesday.

MI Legalize sued, claiming the signatures were valid.

The Michigan Court of Appeals disagreed, saying in a Wednesday, Aug. 24, ruling, that the Secretary of State, Bureau of Elections and Board of State Canvassers "have no clear legal duty to count the presumptively stale and void petition signatures that plaintiff submitted."

Jeffrey Hank of MI Legalize said last week that the group planned to file an emergency appeal with the Supreme Court.

"The most frustrating thing to us is there really is no basis for these valid signatures not being counted," Hank has said.

A motion for appeal was submitted to the Michigan Supreme Court Thursday in the case, titled "Comprehensive Cannabis Law Reform Initiative Committee vs. Secretary of State." It's listed as "pending on appeal" with the Supreme Court Monday, Aug. 29.

The case also lists the State of Michigan, the Bureau of Elections and the State Board of Canvassers as defendants in the Michigan Supreme Court filing.

A call and email to MI Legalize seeking comment were not immediately responded to Monday.

http://www.mlive.com/news/index.ssf/2016/08/recreational_pot_supporters_as.html
 
LittleDabbie

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Hope..But it's not looking good... THO! Michigan supreme court has had a history of voting in favor of the voters, So ... Its possible we'll see some action if shit can get done in time..

Thanks oscar for keeping us posted!

And yeah how the fuck did we end up with this guy, People were bitching about Granholm but fuck me if this guy hasn't ran this state into hell!
 
oscar169

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Group appeals marijuana ballot proposal to MI Supreme Court

Video >>>>> http://fox17online.com/2016/08/30/group-appeals-marijuana-ballot-proposal-to-mi-supreme-court/

LANSING, Mich. - The group still fighting to put legalizing marijuana on Michigan's November ballot is filing an emergency appeal Tuesday to the Michigan Supreme Court.

MI Legalize, or Comprehensive Cannabis Law Reform Initiative Committee, says they are working to overcome a "corrupt" law to insure their petition signatures count. They say their fight to get the issue on the ballot is far from over.

“We need the Supreme Court as the Supreme Court of the land to definitively lay down some justice here, because as of now, we’re being denied that," said Jeffrey Hank, MI Legalize executive director and attorney.

Last Friday they filed this appeal to the Michigan Supreme Court in an attempt to overturn the Michigan Court of Claims' decision last Thursday, which sided with the state, ruling that county clerks do not have to validate or count signatures they deemed void, meaning their petition is invalid and off the ballot.

“It’s hard for me to not say that in this instance, yes the system is rigged," said Hank. "We don’t want to believe that but the facts are right here in our face, we’re being kept off the ballot, they’re denying to count the signatures of voters, and we’re just seeing our entire system be corrupted, and we can’t have that.”

On June 1, MI Legalize turned in 345,000 petition signatures, however the Board of Canvassers determined that there were not enough valid signatures to reach the roughly 252,000 signatures needed to get on the ballot.

The hold up now, according to Hank, is a 1986 Board of Canvassers policy. This law put restrictions on signatures that are older than 180 days. The policy says the petition signer has to sign an additional affidavit or the county clerk has to validate the signatures, to ensure the person was registered to vote at the time.

Hank says collecting the affidavits is impossible to get in before for this ballot. Additionally, clerks are refusing to validate the signatures and the Board of Canvassers told them they are not required to do so. All of this after Hank says MI Legalize manually validated the older signatures using Michigan's Qualified Voter File.

“We did everything we could do, this policy is impossible to comply with, and it’s also a crime for someone to sign a petition twice in Michigan," Hank said.

FOX 17 requested comment from the Michigan Department of State Tuesday, however Fred Woodhams with its communications office denied giving statement due to pending litigation. He did provide the Michigan Department of State's staff report on the issue, which deemed MI Legalize's petition invalid.

MI Legalize's emergency appeal follows their appeal filed last Friday to the Michigan Supreme Court, and will ask for a ruling by Tuesday, Sept. 6.

Also keep in mind throughout this process Gov. Snyder signed SB 776 into law this June, days after MI Legalize turned in their petition signatures to the state, enacting the strict 180-day deadline to collect petition signatures.

With time not on their side, Hank says they're not giving up hope, but democracy is at stake.

“If you take away the people’s right to make laws, it’s only going to be powerful interests that can corrupt our legislature and can get things through that are going to have a voice in our government," said Hank. "So it’s really your voice as a citizen that’s being denied here, this isn’t a partisan issue, we’re a non-partisan group, this applies to everyone.”
 
R

rascali

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I wish i could sue those incompetent assholes at MIlegalize, those fucking dickheads treated this whole initiative as a scam and competition with the other idiot initiatives and sunk the whole cause for this election cycle.

They had to know that when they started collecting signatures last year (just to eliminate the competition) that all those signatures would end up being considered void. And rather than admit their selfish stupidity and call for signators to refresh their wasted effort they now depend on convincing a republican administration to allow a proven democratic vote machine onto their vunerable ballot? Hippie bridge sellers!

Hundreds of dollars i contributed to these shit-for-brains, what a waste, don't come knocking again…

can someone post some names and pics, so i know who to slug?
 
oscar169

oscar169

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So we can hope that the court rules in our favor here....
At this point NO MATTER HOW ANYONE FEELS !! this is the only Fucking Hope we have of anything and I mean any thing in this state changing, The lawmakers in Lansing could care less about the MMJ bills now B/C they are not facing this on the ballots in November so there is no rush, no worries, no care anymore... :smoking:
 
oscar169

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Michigan Supreme Court won't decide if Michigan gets marijuana legalization vote

The Michigan Supreme Court won't hear arguments in a lawsuit regarding Michigan's vote on recreational marijuana use, according to a ruling today.

"The application for leave to appeal is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court," an order bearing the names of the the seven Supreme Court justices issued on the afternoon of Wednesday, Sept. 7, reads.

Jeffrey Hank, attorney for MI Legalize, sent a message and said "justice denied" in light of the Michigan Supreme Court ruling that it would not hear the case.

Marijuana.MLive file photo
MI Legalize wants Michigan voters to decide on the November general election ballot if marijuana should be legal for people 21 and older. The group circulated a petition, which required 252,523 valid signatures.

MI Legalize turned in 345,000 signatures, but the Board of State Canvassers determined that not enough of those signatures were valid because some were collected outside of a 180-day signature window.

Wanting to avoid the difficult process in place of validating signatures through county clerks, organizers unsuccessfully attempted to get the Board of State Canvassers to establish an easier method of validating old signatures.

After MI Legalize turned in its signatures, the legislature changed Michigan law to limit the signature collection period to a strict 180 days.

MI Legalize filed a lawsuit against the state shortly after, claiming their signatures were valid.

Michigan's Court of Claims ruled the state had no obligation to accept the signatures.

MI Legalize filed for appeal in the state appeals court, and soon after filed for an appeal in the state Supreme Court.

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The Michigan Court of Appeals also said on Sept. 7 that it would not rule on the appeal, granting MI Legalize's motion for immediate consideration, and denying its application for leave to appeal "for lack of merit in the grounds presented."

Attorney General Bill Schuette, in a response to the Court of Appeals filing, said MI Legalize's arguments are "moot," since, even if they could use all their signatures, there is not enough time before the Nov. 8 general election to challenge the validity of the signatures.

Hank said the appeals court ruling "just avoids any analysis, facts, or law, so now it is in the hands of the Michigan Supreme Court only."

"We are happy the court of appeals acted quickly," Hank said by email Wednesday, before learning of the Supreme Court ruling. "But I must say, that if we don't get relief, and if we never actually get an in-person hearing in court, then this is a grave injustice."

MI Legalize is considering an appeal to the U.S. Supreme Court, Hank said following Wednesday's state Supreme Court announcement. He said the group would make a formal statement later.
http://www.mlive.com/news/index.ssf/2016/09/michigan_supreme_court_wont_de_1.html
 
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