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

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LittleDabbie

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Senate Assignments Are Hit/Miss For Future Michigan Marijuana Legislation

New Michigan Senate committee chair assignments were made public this week, and two strong opponents to marijuana law reform hold key positions of power.

Replacing the term-limited Sen. Randy Richardville (R-Monroe) as Senate Majority Leader will be Sen. Arlan Meekhof (R-West Olive). Retaining control of the Senate Judiciary Committee is Sen. Rick Jones (R-Grand Ledge), a former county sheriff whose history in the House and Senate is sprinkled with sponsorship of restrictive, medical marijuana-based legislation.

Senate Majority Leader is the most powerful position in the Michigan Senate, as the majority leader determines which bills are considered and to which committee they are assigned for debate.

In January of 2014 HB 4271 and HB 5104, a pair of bills designed to create protections for patients using non-smoked forms of cannabis and to authorize medical marijuana distribution centers, were delivered from the House to the Senate and were initially assigned to the Judiciary Committee, chaired by Sen. Jones. This was a natural progression for the legislation, since the bills had previously been debated in the House Judiciary Committee under Rep. Kevin Cotter (R-Mt. Pleasant). Sen. Richardville had both bills re-assigned to his Government Operations Committee for debate, as the majority leader may do.

Sen. Meekhof was a member of that committee. When HB 4271 and HB 5104 were voted on and passed by the Government Operations Committee, Meekhof was the only Senator to vote NO.

The bills never were ratified by the Senate and will have to be re-introduced again in 2015.

Replacing the old majority leader, Sen. Richardville, as the Chair of that powerful Government Operations Committee is the new majority leader, Sen. Meekhof.

HB 4271 AND HB 5104: THE MOVEMENT CONTINUES
The chair positions in several crucial committees may indicate a tough road ahead for any new efforts to pass cannabis law reform legislation during the 2015-16 legislative cycle. Some advocates are still strongly optimistic that HB 4271 and HB 5104 can be passed in 2015, since that legislation has a positive voting record and many of the bills’ supporters are returning to their elected positions.

HB 4271 and HB 5104 were voted on three times in the Michigan legislature and were approved each time. One vote came in the House Judiciary Committee, one with a full House floor vote, and the pair of bills won their very last vote- the previously-mentioned Senate Government Operations Committee vote.

A last-day push by state law enforcement agencies moved some Senators from support of the bills to opposition, and both bill sponsors withdrew their bills from consideration instead of having them voted on and defeated. The result came after weeks of high-level negotiations with members of the Senate, the governor’s office and key players in Michigan governmental operations.

These extensive workgroup sessions, and the agreements achieved through them, had made advocates optimistic that the bills would be approved this year. The Senate’s failure to act took many insiders by surprise.

“This was an unexpected setback,” admitted Robin Schneider, Legislative Chairwoman of the National Patients Rights Association (NPRA). ”We have commitments to continue forward with our workgroups and to move the bills in 2015. Some of the new Senators coming in already understand the needs of the patients. We’ve already begun reaching out to them.”

The NPRA led the lobbying effort to pass those bills, and has vowed to continue the fight moving forward into the new year. Schneider and their lobbyist, Lansing’s Kevin McKinney, will build on the strong relationships they fostered over three years of negotiations with lawmakers to resolve any outstanding issues and make good law, Schneider promised.

“The NPRA is committed to finishing what we started,” said Schneider.

NOT ALL BAD
“Senators Shirkey and Horn are two guys coming into the Senate that could be positive for us,” said Jamie Lowell of Ypsilanti’s 3rd Coast Compassion Center.

Both incoming Senators Mike Shirkey (R-Clarklake) and Ken Horn (R-Frankenmuth) have served in the House of Representatives and worked with cannabis rights advocates like Cannabis Patients United and Michigan NORML Board member Steven Sharpe.

“Shirkey was one of the co-sponsors of the Irwin decriminalization bill, and he opened up discussions about marijuana laws during a town hall meeting in Grass Lake,” Lowell explained. “Horn was involved in the Walsh Bills and… has an open ear to this issue.”

During the 2015-16 legislative session, Shirkey will lead two committees: Health Policy and the newly-formed Michigan Competitiveness Committee. Horn will head the Economic Development and International Investment Committee.

The new Senate Majority Floor Leader is Sen. Mike Kowall (R-White Lake). He is the husband of former Rep. Eileen Kowall, who was the primary sponsor of HB 5104 in 2013.

Source: TheCompassionChronicles.Com

http://www.theweedblog.com/senate-assignments-are-hitmiss-for-future-michigan-marijuana-legislation/
 
diamond2.0

diamond2.0

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oh , so no posting politics is a lie. okey dokey . Very Very interesting ..............
 
LittleDabbie

LittleDabbie

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oh , so no posting politics is a lie. okey dokey . Very Very interesting ..............

Not a lie, Just no politics that are not DIRECTLY related to marijuana,, for example the latest 1200 page budget bill that including hemp and the defunding of the DEA/DOJ from operating in medical states, Political yes, Related to marijuana however yes,

Seamaiden and other mods have made it clear as long as it pertains to marijuana laws or the impact of the laws its ok, WE DO Have an activist corner and all...
 
LittleDabbie

LittleDabbie

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oh , so no posting politics is a lie. okey dokey . Very Very interesting ..............

Also not to be a dick, But READ THE TOS of this site, It CLEARLY states Politics ARE ALLOWED....

  1. Threads or posts pertaining to religious or political discussions meant to incite or flame others will be closed and/or deleted. THCFarmer is an international site attracting members from a multitude of religious and political backgrounds, so in favor of harmony and unity, rather than division, it is best to stay on the topic of this site... cannabis. There is a forum for law/politics as it pertains to cannabis. ( referring to the activist corner i suspect )
Its Rule 12 not sure why it says Rule #1

None of my posts are ment to incite or flame others.... Hence why none of my threads get shut down ;)
 
oscar169

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Can Police Use A ‘Borrowed’ Medical Marijuana Card?
Michigan medical marijuana card

Pretending to be a medical marijuana patient just got a lot easier for undercover narcotics officers in Michigan. A case from Port Huron features a unique twist; police just “borrowed” a medical marijuana card from a friend and made a marijuana purchase.

Or did the St. Clair County Sheriff’s undercover officer take the card out of the evidence file from another case? A hearing on Monday will reveal the details- and if the ill-gotten card will be allowed to remain a part of the case against Don and Diane Ferguson.

WHY USE A FAKE CARD ANYWAY?

Police pretend to be legitimate patients to trick- lawyers say, entrap- licensed and registered medical marijuana caregivers into transferring marijuana to someone they believe is sick for the purpose of alleviating their illness and symptoms. The trickery is mandatory, because the caregivers are not like drug dealers; these registered medical marijuana providers are so strict with their policies that, without proof that you are a patient, you won’t get anything from them.

“If people are so selective as to refuse to transfer marijuana to anyone not enrolled in the medical marijuana program, aren’t they behaving in a responsible way?” asked Genesee County activist and local elected official Eric Gunnels. “Shouldn’t police focus that effort on the people that sell hard drugs and don’t care who is buying it?”

Over the last five years police in Michigan have reportedly created their own fake medical marijuana cards, they have altered legally-obtained cards and they have lied to doctors and used false identities to have Michigan’s Licensing and Regulatory Affairs (LARA) issue bogus medical marijuana identification cards straight from the government press.

“A classic tale of wasted resources. Police spending the time and effort to entrap people who are selective and compassionate and demonstrably not posing a risk to the health and safety of the community,” observed Jamie Lowell of the Michigan chapter of Americans for Safe Access and Ypsilanti’s 3rd Coast Compassion.

“To create crimes by using another person’s card falsely is the opposite of what the voters intended when they passed the MMMA,” stated Southfield attorney Michael Komorn. Regarding patients and caregivers trapped by law enforcement over the years through the use of the misrepresentation of identity, he said, “This is a category of individual that is so different than those the law was intended to punish.”

THE ‘JOE CARD’

In the Ferguson case, the undercover officer convinced Don Ferguson that he was a patient. After marijuana was allegedly transferred Don was arrested and search warrants were issued for his home, where Diane lay sleeping. It was the fraudulent representation of that card by the undercover that created Don’s belief in the legality of his alleged actions.

“(The undercover officer) has been on the stand testifying about the card twice,” said Diane Ferguson, in an exclusive interview with The Compassion Chronicles. The card was issued to a person whose first name is Joe, and the questionably-obtained card has been referred to as the ‘Joe card’ by the defendants.

“On the stand all he would say was, I borrowed it from a friend,” Diane said. ”He admitted twice on the stand that he used this card.”

The name on the card seems to match the name of a person who was ensnared in a drug raid executed by the same Sheriff’s office earlier that month. That case is being argued by Komorn.

“The St. Clair County Sheriff Deputy has been using this ‘Joe card’ to ensnare other patients and caregivers into doing transactions,” Komorn said.

“I think it’s fair to say that, if the undercover officer and the raid victim were “friends,” as he has indicated in court proceedings, their relationship may be hitting a rocky point just about now,” attorney Jeff Frazier observed.

PTSD AND PENDING COURT PROCEDURES

According to the Fergusons, the St. Clair Prosecutor’s Office sent a notice of in limne procedure for Monday to remove the use of the card from the court proceedings. The court has scheduled jury selection proceedings in the criminal case against the Fergusons for Tuesday, January 6th.

Having the questionable card removed from the evidence in the Ferguson case may halt the inquiries into how it was obtained and if its use in this manner is lawful, but Komorn questions this “manipulation of evidence.”

In an odd twist, Ann Arbor attorney Jim Wines informed the Fergusons that he intends to withdraw from the case over a money issue and that request may be brought before Judge Michael West during one of the two court dates.

Regardless of the decisions Judge West and the potential jury may arrive at, punishment has already been dealt to the Fergusons. They are selling everything precious to them to cover attorney’s fees, including a treasured motorcycle and a Ford truck.

Beyond the financial, the sting of being raided hits home even before charges are brought. Diane Ferguson told TCC that her opinion of law enforcement has been forever altered- and not for the better.

“I have had the police help me so much through my lifetime. I always trusted them before. Never again.”

Attorney Komorn has heard this many times from defendants. “The fears, the emotions, seeing your house ripped apart. These are images that will never go out of someone’s mind.”

Post-Traumatic Stress Disorder (PTSD) is caused by shocking, traumatic events in one’s lifetime that leave them mentally scarred and physically responsive to situations of a similar nature. Diane Ferguson has all the classic symptoms of the ailment.

“Every night when it gets dark I get shaking attacks,” Ferguson said. “They busted in my house in the dark. They busted in with guns. They busted up the house right in front of me. ”

Her voice shook as she said, “How can you live with this every day, and still trust them? You can’t.”



COURT SUPPORT NEEDED- JURY SELECTION PROCEEDING
for Don and Diane Ferguson

January 6 9am

St Clair County 31st circuit ct

Circuit Court Judge Michael West, room 3300

201 McMorran Blvd., Port Huron 48060

Source: TheCompassionChronicles.Com



http://www.theweedblog.com/can-police-use-a-borrowed-medical-marijuana-card/
 
LittleDabbie

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Teen trio who police say robbed and shot two people at two separate locations looking to get deal

GRAND RAPIDS, MI – Attorneys for the three teens accused of ending a marijuana deal with robbery, gunshots and home invasion are competing to get the best deal for their clients.

Appearing in Grand Rapids District Court the morning of Wednesday, Jan. 7, were Otis James Mack, Terrence Terrell Fields – both 17 – and Khalique Allon Brewer – who turns 17 in April—who waived their probable cause hearings in order to continue negotiations with the Kent County Prosecutor’s Office.

According to police, the trio was conducting a marijuana purchase involving Michael Harden Murphy and Michael Schumaker in the Prescott Mobile Home Park near the 7200 block of South Division Avenue in Gaines Township around 9:45 a.m. on Dec. 21.

It appears things with south at some point resulting in Fields pointing a gun at Murphy and demanding the marijuana sans payment, according to the Kent County Sheriff’s Department.

Murphy fled from the Jeep where the deal was taking place and ended up being shot in the buttocks, police say. Investigators say Fields fired a shot gun and Brewer fired a handgun, it was a handgun round that allegedly struck Murphy.

The suspects then demanded that Schumaker tell them where else they could go to steal marijuana and they ended up driving to Grand Rapids where Schumaker was able to escape, according to court records.

By 11 a.m., the suspects were bursting into a home in the 700 block of Emperor Street SW on the city’s West Side demanding money which ended with 20-year-old Christopher Scott-Robert Derby being shot in the neck by a masked assailant.

Both shooting victims are expected to recover, police say.

Police arrested Mack and Fields later the same day at a Jennette Avenue NW home
and the pair are housed at the Kent County Jail on bonds of more than $1 million. Brewer was arrested the following day and is held at the Kent County Juvenile Detention center.

The three teens now face multiple charges of first-degree home invasion, armed robbery, assault, unlawful imprisonment and gun charges.

If convicted as charged, the teens face life in prison after serving two years for the gun use.

Attorneys for the teens are hoping that cooperation can result in a reduction in charges or an agreement to limit prison time.

After waiving their hearings in Grand Rapids Wednesday, the three headed to Kent County District Court in Grand Rapids Township to waive the hearing on charges coming out of Gaines Township.

The cases now move to Kent County Circuit Court before Judge Donald Johnston.

http://www.mlive.com/news/grand-rapids/index.ssf/2015/01/teen_trio_who_police_say_robbe.html
 
LittleDabbie

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Eight Drug Arrests Made in Manistee County

The SSCENT drug team, along with the Manistee County police and Michigan State Police, arrested eight Manistee residents over the past couple of weeks for several drug related felonies.



Tracey Martz is charged with two counts of delivery of cocaine. Michael Boss Jr. faces two counts conspiracy to deliver marijuana. Dennis Cogswell is charged with two counts delivery of morphine.

Stacy Kovar is charged with two counts aid and abet, and two counts conspiracy to deliver methadone/hydrocodone. Richard Kovar faces two counts delivery of hydrocodone and four counts of delivery of methadone.

Amber Mihalik faces one count of delivery of methamphetamine, and Isaac Bafford faces three counts of the same charge.

Rachel Ziolkowski is charged with two counts delivery of marijuana.

Police have not said if they are all connected to each other.

http://www.9and10news.com/story/27789682/eight-drug-arrests-made-in-manistee-county-over-short-time
 
LittleDabbie

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Second individual charged in marijuana dispensary case

CADILLAC — A second individual has been charged as a co-defendant after the operator of a medical marijuana dispensary in northern Wexford County was arrested.

Daniel William Rehahn, 64, of Cadillac, has been arraigned in 84th District Court on a count of delivery/manufacture of marijuana.

Rehahn is listed in court documents as a co-defendant with Jeffrey Howard Wecker, 60, of Bear Lake. Wecker was arrested in conjunction with an investigation by the Traverse Narcotics Team.

If convicted, Rehahn would face a maximum of four years in prison and/or a fine of up to $20,000.
 
LittleDabbie

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Prosecutor loses appeal over Grand Rapids marijuana law

GRAND RAPIDS, Mich. (AP) >> The Michigan appeals court has ruled in favor of Grand Rapids in a challenge to a law that that makes possession of small amounts of marijuana a civil offense similar to a traffic ticket.

The Kent County prosecutor argued that Grand Rapids was illegally trumping state law. But the appeals court says there’s an important distinction. It notes that voters made the change by amending the City Charter, or constitution — not through an ordinance.

The court says there’s no conflict. The 3-0 decision was released Friday.

Grand Rapids police officers have been told not to report marijuana cases to the prosecutor unless they involve grow operations or a drug house; someone has more than 2.5 ounces of marijuana; or a person is caught with pot during another crime.

Prosecutor loses appeal over Grand Rapids marijuana law

http://www.dailytribune.com/20150109/prosecutor-loses-appeal-over-grand-rapids-marijuana-law
 
oscar169

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Grand Rapids marijuana decriminalization on track for state Supreme Court
16737328-large.jpg

GRAND RAPIDS, MI -- The city's 2012 voter-approved amendment to decriminalize marijuana has withstood two legal challenges, but a third is on the horizon.

Tim McMorrow, appeals division attorney with the Kent County Prosecutor's office, said he expects to ask the state Supreme Court to hear the case.

McMorrow's comment comes as the state Court of Appeals on Friday, Jan. 9, ruled in favor of the city and let the marijuana law stand.

City voters in November 2012 approved a charter amendment to make the possession of small amounts of marijuana a civil infraction instead of a misdemeanor. A few months later, police began writing civil citations.

Kent County Prosecutor William Forsyth soon filed a lawsuit against the amendment and city. Kent County Circuit Court Judge Paul Sullivan in May 2013 rejected the challenge.

Forsyth appealed again.

Related: 'Not about voters' rights,' Kent County attorney argues about Grand Rapids marijuana decriminalization

In today's ruling, justices said they don't believe the infraction law conflicts with state marijuana statutes as argued by Forsyth.

The amendment created a civil infraction, justices wrote, but does not prohibit prosecutors from elevating a violation to a misdemeanor.

Prosecutors also argued the amendment inappropriately prohibits Grand Rapids police from reporting certain marijuana infractions to the prosecutor's office.

Related: Grand Rapids marijuana decriminalization: No spike in cases

But justices again disagreed. They said police have no obligation to notify prosecutors about violations.

McMorrow contends justices simply got it wrong.

"I disagree with their analysis," he said.

Jack Hoffman, who represented a group called Decriminalize GR, said he was pleased with the ruling.

"It's a good day for the city," he said. "I think everybody on our side would prefer it not be appealed. We should just all get together on the same page and go forward," Hoffman said.

Tyler Nickerson, a spokesman for Decriminalize GR, said he was glad to see the appeals court rule on the side of more than 40,000 voters who supported the charter amendment in 2012.

"We felt from the beginning this had good legal standing," he said.


http://www.mlive.com/news/grand-rap..._rapids_marijuana_decrimi_7.html#incart_river
 
LittleDabbie

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Police see little change in first weeks of marijuana decriminalization

Mount Pleasant Police have seen no discernable change in the behavior of city residents since a marijuana decriminalization proposal was passed in November.

Arrests for marijuana have not drastically increased or decreased, said MPPD Public Information Officer Jeff Browne. The marijuana decriminalization proposal went into effect Jan. 1; two months after Mount Pleasant voters passed it in the Nov. 4 general election.

“Nobody has been pushing the limit (with pot),” Browne said. “We haven’t seen an influx or a decrease (since the proposal was passed).”

Though the MPPD does not expect a serious increase in the number of marijuana-related citations this year, its full effects remain to be seen this early. There have only been two arrests since Nov. 4 and zero in 2015.

Police remind students and the community that misinterpretation of the ordinance is not an excuse to violate the law, and that the use or possession of marijuana on campus remains illegal.


The ordinance, which passed in November with 62.3 percent of the vote, states that individuals over the age of 21 may possess and use up to one ounce of cannabis while on private property within the city limits of Mount Pleasant.

The ordinance does not apply to students living on campus regardless of their age or medical status, and would not affect students living in apartment complexes that lie in Union Township. Central Michigan University’s campus is governed by federal law, which makes no exceptions for pot laws based on city or state law.

Possession of marijuana carries a 93-day misdemeanor charge and fines between $200-$500. There have been an average of 70 arrests or citations for marijuana per year for the last five years.

“We’ve never had an ordinance that governs marijuana in Mount Pleasant,” Browne said. “And now what we have is an ordinance stating that we won’t in the future.”

Browne believes voters intended the ordinance as a political expression. This action agrees with the mindset of the Safer Michigan Coalition, which is responsible for many pro-marijuana efforts across the state.

One of the founders of the coalition, Chuck Ream, elaborated that the first stepping-stone to change is the expression of voter opinions.

“In order to have some change you’ve got to have some way for the voters to express their opinion,” Ream said earlier this year. “In Michigan, you can run a citizen’s initiative.”


http://www.cm-life.com/article/2015/01/marijuana-update
 
LittleDabbie

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Kent County couple convicted in major pot-growing ring

GRAND RAPIDS – A Kent County couple were found guilty today of operating a medical marijuana conspiracy that raked in an estimated $1.3 million in less than two years.

After six days of testimony, jurors in U.S. District Court in Kalamazoo returned guilty verdicts Monday against Betty Lee Jenkins and Phillip Joseph Walsh.

They headed marijuana-growing operations in Kent County with help from eight others, including a doctor who wrote medical marijuana prescriptions for patients he never met to help further a criminal enterprise.

Jenkins and Walsh last fall were charged in a superseding indictment with conspiracy to manufacture 100 or more marijuana plants and maintaining drug-involved premises.

The Kent Area Narcotics Enforcement Team had been investigating Jenkins and Walsh for conspiring to grow marijuana in multiple locations in Kent County.

Even after her arrest in 2013, Jenkins continued recruiting medical marijuana patients to bolster business, the government says. Police obtained a search warrant for two cell phones found inside her 2006 Jeep Liberty during a July 2 traffic stop.

The search of outgoing and incoming calls is part of an ongoing investigation to determine if others are involved in illegal marijuana distribution, records in 63rd District Court show.

http://www.freep.com/story/news/loc...a-kent-county-conviction-conspiracy/21682091/
 
LittleDabbie

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Poll Finds Majority of Michigan Voters Favor Marijuana Legalization

DETROIT, MI — The attitude of Michigan voters is evolving toward acceptance of legalizing and taxing marijuana use for adults, per a recent EPIC-MRA survey commissioned by the Michigan chapter of the National Organization for the Reform of Marijuana Laws (MiNORML).

The poll shows 50% of Michigan adults would likely vote in favor of a system like those being utilized in Washington and Colorado, where marijuana is sold to adults and the proceeds are taxed by the state. 46% of respondents opposed the program. A 2013 poll from the same firm yielded a 47% approval rating for a similar question regarding legalization of marijuana.

The 2014 poll asked respondents if they would vote for a ballot proposal that would legalize marijuana use for adults 21 and over, create a system of licensed dispensaries to distribute the marijuana and tax its sale. 600 participants were surveyed on December 10 through 14, including 20% cell phone contact and the poll has a margin of error of ±4%.

“Michigan is a leader in the national trend toward reform of marijuana laws,” said Matthew Abel, attorney with Cannabis Counsel PLC in Detroit and the Executive Director of MiNORML. “This latest poll shows an evolution of thought among Michigan voters toward marijuana legalization over the last year. It is not a major shift, but a continuation of the slow but steady shift toward the end of prohibition. Legislators, take note: Michigan is ready for this.”

Support for legalized marijuana was greater among parents (52% likely YES) than among those voters without children (49%). Voters of all educational levels would approve a marijuana legalization ballot proposal; more than 50% of all the poll’s respondents (309) identify themselves as college-educated. 69% of those in the 18-34 age group responded as likely YES votes, as did 60% of all men age 18-49 and 70% of male Democrats. The largest demographic of opposition: Republican males (63% likely NO).

“The latest Michigan polling results are in line with what we are seeing all across the country,” said Keith Stroup, national NORML founder and legal counsel. “Numerous polls have shown a majority of the public nationwide now support ending marijuana prohibition, and regulating and taxing the responsible use of marijuana by adults. It’s promising to see that voters in Michigan agree.

The complete poll results can be found here:

http://www.thedailychronic.net/2015...michigan-voters-favor-marijuana-legalization/
 
ohthatguy8

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Ok I know this isn't marihuana news but any details on the dick signing a bill to help non violent felons get there record expunged. The details may be helpful to some of us, and you guys seem to have a knack for the news. I'm better at finding nakie girls n bud porn.
 
LittleDabbie

LittleDabbie

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Ok I know this isn't marihuana news but any details on the dick signing a bill to help non violent felons get there record expunged. The details may be helpful to some of us, and you guys seem to have a knack for the news. I'm better at finding nakie girls n bud porn.


Snyder signs bill that could erase criminal record

LANSING – People convicted of a nonviolent felony or two misdemeanors will have the chance to get some of their crimes expunged under a bill signed Monday by Gov. Rick Snyder.

The second-chance bill would allow a convict to apply to a judge to get either the felony or the misdemeanors removed from his or her record five years after they complete their sentence.

The bill, which includes all ages of offenders rather than the current law that allowed for the expungement for those only under the age of 18, had been in the works for several years, but finally passed both chambers during the final days of the lame-duck session in December.

During hearings on the bills, many people spoke out about the difficulty of finding a job with a felony on their record, even if it was a minor, decades-old conviction.

The bill was one of nine Snyder signed Monday, most dealing with criminal justice issues. Among them:

■ Two bills that would require DNA samples to be collected from all people arrested for felony crimes. The bill is intended to be used to help clear up other unsolved crimes in which an arrested person might have a connection.

■ A bill that would allow courts to order parents not to take children without the other parent's consent, an attempt to prevent child abductions by non-custodial parents.

■ Three bills that would create a Human Trafficking Advisory Board and the Criminal Justice Policy Commission to review Michigan's sentencing guidelines and explore alternatives to jail time.

■ A bill allowing police officers to carry and administer Narcan, a drug that reverses the effects of heroin overdoses.

■ And a bill that would give county clerks flexibility in deciding which voting system to use.

http://www.freep.com/story/news/pol...-nine-bills-criminal-justice-issues/21641143/
 
LittleDabbie

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Only dried pot counts, says court in overturning conviction

MILLINGTON, MICH. — The Michigan appeals court has overturned a drug conviction in Tuscola County, saying not all marijuana is equal, especially in a medical marijuana case.

Sheriff's deputies found marijuana in Johnnie Randall's pickup truck and dozens of plants at a building in Millington, 30 miles northeast of Flint. He was accused of possessing too much pot by weight, despite having a medical marijuana card and permission to grow pot for others.

But the appeals court says only a portion of the marijuana was dried and usable. The court says Judge William Caprathe also was wrong to use the weight of leftover stems and stalks.

In a 3-0 decision, the court scratched Randall's conviction this week.




Read more here:
 
LittleDabbie

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State Supreme Court hears oral arguments in local medical marijuana cases

Justices of the Michigan Supreme Court spent Thursday morning listening to oral arguments in three medical marijuana cases that began in Oakland County.

Up first was the case of Richard Hartwick, who was accused of illegally growing and possessing marijuana in September 2011 in Pontiac.

“There’s no evidence he sold to anyone else,” Hartwick’s attorney, Fred Miller, told the court. “There’s no evidence he was doing anything wrong.”

Hartwick, who has a medical marijuana card, believes that he is immune due to his status as a cardholder.

“My client’s got under four ounces,” Miller said. “He’s got six people he provides for. I think under Section 4 this case should have been dismissed.”

Section 4 refers to a portion of the state’s medical marijuana act, which states, in part, that a qualifying patient with a registry identification card cannot be arrested or prosecuted if the patient possesses less than 2.5 ounces of usable marijuana and 12 marijuana plants. Caregivers may not possess more than 2.5 ounces of usable marijuana and 12 marijuana plants for each patient they have.

“He has cards and he’s got an amount of marijuana (under the limit), I believe that’s all he’s got to prove,” Miller said.

Prosecutors said Hartwick had 78 marijuana plants (six more than the limit for six people) in his home, in a room that was not locked (the law requires plants to be kept in a locked area). Hartwick said six of those plants were stems in cups and should not count.

In its appellee brief, prosecutors also said Hartwick did not know what his patients’ conditions were.

“Marijuana remains illegal in the state of Michigan,” Oakland County Assistant Prosecutor Jeffrey M. Kaelin said.

Thursday’s session spent a large amount of time on Section 4, as well as Section 8 of the act, which states that a patient and/or caregiver “may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana,” as long as they meet certain requirements.

The court also heard arguments in two other cases: Robert Tuttle, who, like Hartwick, believes his possession of a medical marijuana card entitled him to immunity and an affirmative defense, and Cynthia Mazur, whose husband was a medical marijuana caregiver when their home in Holly was raided in 2011. Mazur said she “did not help her husband grow, transfer, deliver, feed or otherwise care for or deal with the medical marijuana plants,” according to her application for leave to appeal.
 
LittleDabbie

LittleDabbie

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Police: Pot-smoking Michigan driver hits bus, hurts 3 kids, driver

THORNAPPLE TOWNSHIP, Mich. (AP) — Michigan State Police say a marijuana-smoking SUV driver rear-ended a stopped school bus with its flashers on, injuring three children and the bus driver.

WOOD-TV and The Grand Rapids Press say the crash happened about 3 p.m. Thursday in Barry County's Thornapple Township. It's about 15 miles south-southeast of Grand Rapids.

State police say they arrested the SUV driver for possession of marijuana and driving under the influence of marijuana.

The bus was from the Caledonia Public Schools. State police say three students ages 13 to 14 and the bus driver complained of back or neck pain and were taken to hospitals in Grand Rapids for examination.
 

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