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

  • Thread starter oscar169
  • Start date
  • Tagged users None
Cannis

Cannis

92
33
If your in Lansing, you better go to the City Counsel meetings because they are working on a way to regulate caregivers and really anyone growing indoors. One way is them going to Lansing Board of Water and Light to see how much electricity your using. Sounds like they want some kind of red flag to go up if your using over 5kw a month.
 
oscar169

oscar169

Operation Dank
Supporter
2,729
263
Man dead, wife chased out window in marijuana robbery

Robbers fatally shot a 60-year-old man and chased his wife, who jumped out a second-story window, this morning before stealing marijuana plants from the home on Detroit's west side, police said.

The woman, 46, escaped uninjured after landing on the ground during the home invasion at about 3 a.m. on the 17100 block of Ward, Detroit police spokeswoman Jennifer Moreno said.

It started when she heard a knock on the door, her husband answered it and was fatally shot. The robbers then chased his wife upstairs, police said.

"She locked herself in the bedroom, and the suspects fired a shot through the door," Moreno said, adding that the woman then jumped from the window.

Neighbors and witnesses then saw the men removing marijuana plants from the home and putting them in a tan vehicle. There were three total suspects; two entered the home, and the other was the driver, Moreno said.

One of the suspects is described as a black man in his 30s, 5-foot-6, 170 pounds and wearing all black clothing.

Moreno said it wasn't immediately clear whether the marijuana was a legal, medical grow operation.

People with information on this or other crimes can remain anonymous and possibly receive a cash reward by calling Crime Stoppers at 800-SPEAK-UP (800-773-2587).
http://www.freep.com/story/news/loc...juana-robbery-home-invasion-detroit/94065016/
 
oscar169

oscar169

Operation Dank
Supporter
2,729
263
Court of Appeals rules against improper transport, strengthens Michigan Medical Marijuana Act

video >>>http://fox17online.com/2016/12/22/c...t-strengthens-michigan-medical-marijuana-act/

LANSING, Mich. -- The Michigan Court of Appeals' two-to-one ruling Wednesday strengthened the Michigan Medical Marijuana Act. It overturned one man's conviction and states the MMMA trumps illegal marijuana transport and any other inconsistent laws.

In other words, if you're a card-carrying patient or caregiver in compliance with the MMMA, you have the clarified right to carry your medicine in the car, for example in the glove box instead of in a locked case in your trunk. It's a misinterpretation until Wednesday that's cost many Michiganders misdemeanor convictions and fines, including the defendant in this case, Callen Latz.

Though as Latz knows, this misdemeanor conviction can cost much more than fines. Among other things it banned regular activities, like volunteering at the hospital with his service dog.

Read the COA ruling here.

Read the COA dissent here.

Opening his car's trunk Thursday, 29-year-old Latz called for his service dog Harvey and put on his harness. He's a card-carrying patient who's had Harvey by his side the past three years.

“I’m kind of a straight-edge person," said Latz. "I almost became a police officer but on the account of my eye I actually can’t go onto the force.”

Latz has excruciating migraines and lives with ongoing conditions including blindness in his right eye since he was younger than two.

“When I was arrested we spent two hours on the scene, and there was kind of an argument like, 'should we arrest them?'" recalled Latz. "[Harvey] was there the whole time, so he ended up getting impounded along with my vehicle.”

Pulled over after a concert in 2014, things got worse: Latz was arrested for having a legal amount of pot in the car; his service dog was taken to the county pound; and he went through a jail experience he calls "degrading" when deputies announced part of his HIPAA records.

"I definitely think it was against the civil liberties of patients, it’s a predatory law," said Latz. "I mean it was only set in place to criminalize patients.”

Latz and his attorney, Josh Covert, call the illegal marijuana transport law that got him arrested "predatory." Lawmakers passed it in 2012, four years after a majority of voters in every county statewide passed the MMMA. Though ignorance of a law is no defense, many were unaware as illegal transport is mentioned nowhere in the MMMA.

“For the most part I think the rights of the people have been trampled upon, especially by the legislature when they created this act, like the improper transport statute." said Covert.

"They didn’t bother to put it in the medical marijuana act where people would actually that have cards would see it. It seems to be somewhat law by trickery where they’re hiding it somewhere else where people wouldn’t even know to go," he said.

Wednesday's Court of Appeals' ruling overturned Latz's misdemeanor conviction. Covert believes anyone who's pleaded guilty to illegal transport in the last six months, or those with pending cases, now have a viable defense.

Again the ruling sets the precedent that the MMMA overrules improper transport and states:

"... If another statute is inconsistent with the MMMA such that it punishes the proper use of medical marijuana, the MMMA controls and the person properly using medical marijuana is immune from punishment."

The ruling goes on to state:

"Thus, MCL 750.474 [illegal marijuana transport] clearly subjects persons in compliance with the MMMA to prosecution despite that compliance, and it is therefore impermissible... Because [illegal marijuana transport] is not part of the MMMA, defendant, as a compliant medical marijuana patient, cannot be prosecuted for violating it."

“I like what the Court of Appeals did in this, I think it’s a step in the right direction but I think it’s like a band-aid over a bigger problem, and that is the legislature, along with the judges and prosecuting attorneys, seem to ignore the intent of the law," said Covert.

Now Latz is working to put together a class-action lawsuit for others affected by illegal transport. He's asking others who know how to take the next steps contact him at: [email protected].

FOX 17 called the Clinton County Prosecutor's office, which tried this case, and has yet to hear back as of Thursday evening.
 
symbiote420

symbiote420

2,199
263
Would love to hear people's thoughts on our gun rights. Specifically the fact that having a med card makes you ineligible for the second amendment rights.

What fucks me on up is we have THE RIGHT to bear arms not the privilege, that means I if I choose to do it I'm protected by law from what's in the Constitution of the Unites States. This is the same type of political bullshit they pulled on the Black Panthers to take their guns from them, if I have the right(s) to do something how can it ever be called illegal? I know driving a car is a privilege not a right..... as long as they keep the people stressing over living and divided over petty shit like skin color they can do whatever they want and there's nothing nobody can do about it..... the people united will never be defeated!

In MI if you are a patient then you are considered a drug user or addict so you can't even go hunting.
 
ohthatguy8

ohthatguy8

1,647
263
What fucks me on up is we have THE RIGHT to bear arms not the privilege, that means I if I choose to do it I'm protected by law from what's in the Constitution of the Unites States. This is the same type of political bullshit they pulled on the Black Panthers to take their guns from them, if I have the right(s) to do something how can it ever be called illegal? I know driving a car is a privilege not a right..... as long as they keep the people stressing over living and divided over petty shit like skin color they can do whatever they want and there's nothing nobody can do about it..... the people united will never be defeated!

In MI if you are a patient then you are considered a drug user or addict so you can't even go hunting.
100 percent spot on. Right not privledge. Really the problem starts when we have to register with the state for medical purposes. That Violates our hippa rights as a patient I would think
 
sixstring

sixstring

7,079
313
Been hunting every year that I`ve had my card. Can`t buy any guns, but thought I could still hunt.
I have bought guns since i got my card.only question i have seen on any paperwork is are you "addicted " to any illegal drugs.and my answer is always no.2 reasons,im not addicted i just enjoy pot and the second one is as far as im concerned its not illegal because i have a card for it saying im legal :)
 
Cannis

Cannis

92
33
People are fighting the charge in court every day. My advice is, grow in a separate building, NOT the house you live in if you have guns. And keep your guns in a safe or locked closet so they are not easily accessible (at least when the cops show up). I know having them locked up like that defeats the purpose of having a gun for self defense but that's what the prosecutor will argue about....that you had easy access to the gun in the commission of the alleged crime.

Recent post:

It is a complex and changing area of law. We know that federal law (18 U.S.C. § 922(g)(3)) makes it a felony for an “unlawful user of … any controlled substance” to “possess … any firearm or ammunition.”

Marijuana is classified as a Schedule I controlled substance, so it is a felony for a user of marijuana to possess a firearm or ammunition. Juxtapose this with the fact that 28 states and the District of Columbia have now passed laws legalizing the medicinal and/or recreational use of marijuana.

The main question we get is: “I have a MMMA Card, can I still get a CPL and own and possess firearms?”

To get a License to Purchase a pistol or a Concealed Pistol License in Michigan, you must also pass a federal background check (NICS check). This brings federal law into the Michigan scheme of licensing. The ATF takes the position that anyone with a MMMA card is probably using and therefore they are not allowed to possess a firearm until 12 months after their last use. So, even having a card is a prohibitor in the eyes of the federal government.

Some argue that this may be a leap as a person with a MMMA card may not use marijuana the same as a CPL holder may not ever carry a pistol. The federal law has been challenged and been upheld so far. Courts have, without any real empirical evidence, assumed a connection between marijuana use and gun violence.

The Michigan database on who has a MMMA card does not talk to the State or Federal databases that are used for background checks. So, unless the person admits they have the card there is no real way for anyone to find out.

But you must fill out certain forms when you apply for a License to Purchase or CPL and you are stepping into a grey area when the marijuana question must be answered. Hopefully, we will get some clarity from new legislation or court cases in the future to make this interaction between laws more sensible.

More information about medical marijuana and firearms ownership can be found HERE.

About MCRGO:

The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org.

Read more: http://www.ammoland.com/2016/12/michigan-medical-marijuana-gun-ownership-cpls/#ixzz4SUjTbrTP
 
Cannis

Cannis

92
33
SAN FRANCISCO — A federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday.

The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court’s jurisdiction, including California, Washington and Oregon.

It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users.

Marijuana remains illegal under federal law.

Wilson said she was not a marijuana user, but obtained the card in part as an expression of support for marijuana legalization.

She challenged guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in 2011 that said gun sellers should assume people with medical marijuana cards use the drug and not sell them firearms.

It’s illegal for a licensed firearm dealer to sell a gun to an Oregon medical or recreational marijuana consumer, said Portland lawyer Leland Berger. He noted that the ruling is focused on sales and doesn’t affect medical marijuana consumers who already have guns.

The 9th Circuit in its 3-0 decision said it was reasonable for federal regulators to assume a medical marijuana card holder was more likely to use the drug.

The court also said Congress had reasonably concluded that marijuana and other drug use “raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”

“The notion that cannabis consumers are violent people is absurd,” Berger said, calling the notion that classifying medical card holders who use marijuana to treat debilitating medical conditions as violent people is “even more absurd.”

Paul Armentano, deputy director of NORML, a nonprofit that works to reform marijuana laws, called on Congress to “amend cannabis’ criminal status in a way that comports with both public and scientific opinion, as well as its rapidly changing legal status under state laws.”

“Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as do other citizens,” he said in a statement published on the nonprofit’s website.

Wilson’s attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal the decision and his options include submitting the appeal to the same panel of judges that issued the ruling, a larger panel of the circuit court or the U.S. Supreme Court.

“We live in a world where having a medical marijuana card is enough to say you don’t get a gun, but if you’re on the no fly list your constitutional right is still protected,” he said.

The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson, including her argument that her gun rights were being stripped without due process.

Armentano said the idea that marijuana users were more prone to violence is a fallacy.

“Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens,” he said.

Alex Kreit, a marijuana law expert at Thomas Jefferson School of Law in San Diego, said the ruling was significant — but may not be the last time the 9th Circuit addresses medical marijuana and gun rights.

“It seems like the court did not foreclose the possibility of a challenge by actual medical marijuana users that they shouldn’t be lumped with other drug users in terms of concerns about violence,” he said.

— The Associated Press

September 01, 2016
 
germinator

germinator

1,171
263
I looked the goat in the ass....while the card was suppose to be prophylactic ....protective....from what I've seen it is NOT.
I don't want it anymore.
Now a ...legal firearm shall protect me and my second amendment.
 
babyhughie586

babyhughie586

371
63
Need some help here guys I've looked everywhere and can't really get a answer.

Okay so I am moving and am a patient and caregiver for 1 person allowing me 24 total plants. The house I am moving has someone already growing and will be my roommate he has 6 cards 5 patients and himself 72 plants.. We will be growing in a somewhat large basement 3 separate rooms all with locked doors. As far as I have read and seen this is legal to do, as long as you keep his room and 72 plants locked and my room with 24 plants locked and only I can have a key and access my room and only he can have a different key and access to his room.. Is this correct? I know federal limit is 99 plants so I don't want even mess with anything over 99. But can we legally grow 96 plants in the same house in the same basement as long as they are in totally separate and locked rooms???

I may make this into a thread because I can't find this info anywhere and I can't be the only one who has wondered this. Thanks fellas.
 
Top Bottom