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Bunch of costly bs just to get meds.
The War on Medical Marijuana in MI Super Thread, NEWS,BUST,LAWS <<<<Updated Often>>>>
oscar169
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MI AG invited to weigh in on constitutionality of marijuana transportation law
In 2014, various district court judges throughout Michigan have dismissed criminal cases against individuals charged with violating a 2012 law which penalizes unauthorized methods of transporting marijuana. The marijuana transportation law is, however, currently being enforced in other Michigan courts’ jurisdictions against medical marijuana patients and caregivers who were acting in strict compliance with Michigan’s Medical Marijuana Act (MMMA).
Recently, a Benzie County District Judge asked Michigan’s Attorney General to file a brief outlining their position on the constitutionality of the marijuana transportation law. In that case, People v Olaf Johnson, Defense attorney David G. Huft argued in his motion and brief that the marijuana transportation law “is superseded by [the MMMA] … Defendant is immune from prosecution and arrest because he fully complied with the requirements of [the MMMA]” Huft further argued that “Defendant is entitled to dismissal under the affirmative defense [section of the MMMA]” and that the marijuana transportation law “is unconstitutional.”
Michigan’s statute restricting the transportation of usable marijuana in a motor vehicle (MCL 750.474) requires marijuana to be “[e]nclosed in a case that is carried in the trunk of the vehicle… or [e]nclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.” The 2012 marijuana transportation law additionally provides that a “person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”
Benzie County District Court Judge John D. Mead asked defense attorney David Huft, at a hearing on September 18, to “prepare an order for me to sign inviting [Michigan's] Attorney General to submit a brief in this [case], 'cause anytime a statute is being challenged on constitutional grounds, it's my understanding the AG is actually supposed to be notified so that that office can decide whether or not it wants to file a brief."
Judge Mead’s September 19, 2014 order indicates: “IT IS THEREFORE ORDERED THAT the Attorney General for the State of Michigan shall be given notice of the pendency of this case, shall be provided copies of Defendant's Motion to Dismiss and Defendant's Brief in Support of Motion to Dismiss, and shall be given an opportunity to file a brief on the issues presented by Defendant's Motion to Dismiss.”
Defense attorney Huft’s motion and brief cited the following transcript’s and opinions in which three district judges had previously dismissed criminal charges after ruling that Michigan’s marijuana transportation law was unconstitutional and/or superseded by the MMMA.
• On March 4, 2014, Ingham County District Judge Thomas P. Boyd granted a motion to dismiss a charge of illegal transportation of marijuana and held that: “The question is did [the legislature enact the marijuana transportation law] in a way that's consistent with the constitution and consistent with the members of the Constitutional Convention's intent that legislation not be done in secret or by trick. The really puzzling thing is I assumed … that I would find that it didn't have the requisite supermajority number of votes to amend an initiated act, which is also a different constitutional provision. But it does. I mean, this bill passed the House with 93 votes and passed the Senate with 38 votes. So I'm at a loss to know why the legislature was skirting the constitutional requirements when they had the votes to pass the bill. It doesn't make any sense. There's only, I guess, a couple answers. One is sloppiness, which, of course, is always a possibility with the term limit of the legislature. And the other is that they had a different reason not to amend the initiated act. Sometimes, because of the constitutional requirement that you can't change an act without going into it, once you go into the act, people who want to do things other than the sponsor's intent also get to amend the act. And they can amend the bill, which might amend the act and that ties things up and maybe that's what's going on. I don't know. I guess it's not really for us to guess. It doesn't really matter… Finally, Public Act 460 of 2012 is unconstitutional as it was enacted contrary to Article IV, Section 25, of the Michigan Constitution which provides that “no law shall be revised, altered, or amended by reference to its title only. The section or sections of the act altered or amended shall be reenacted and published at length.” It is crystal clear that [the marijuana transportation law] is an effort to amend, alter, or revise the Medical Marihuana Act which is the initiated act of number 1 of 2008. Why the legislature chose to amend the penal code rather than just go into the initiate law of 2008 as required by Article IV, Section 25, of the Michigan Constitution? I don't know. I speculated, but I have no idea, and it's not really relevant to the purposes of this inquiry.”
• On June 19, 2014, Delta County District Judge Glenn A. Pearson issued an order finding that Michigan’s marijuana transportation law “is inconsistent with the MMMA with regard to the transportation of medical marijuana and that Public Act 460 of 2012 is unconstitutional in its enactment having been done in violation of Article IV Section 25 of the Michigan Constitution. The Court specifically adopts the reasoning of Judge Boyd as set forth on the record March 4, 2014 in the 55th District Court for the County of Ingham…”
• On July 21, 2014, Crawford County District Judge Monte J. Burmeister held that the Legislature’s “amendments to the penal code attempt to modify theMichigan Medical Marihuana Act by restricting actions specifically allowed for under the MMMA. This attempt to revise and alter is done under the auspices of the penal code rather than re-publishing of the MMMA. Such an approach is unconstitutional… In dismissing the case, this Court notes it believes the MMMA is bad public policy as written and is fraught with problems as drafted. Notwithstanding that, it is not the Court's personal views that dictate here, but rather the Court's requirement to uphold the Constitution of this state. The Legislature may affect the modifications they did here with the same prohibitions regarding transport, but it is incumbent upon them to do that under the tenets of the Michigan Medical Marijuana Act and consistent with the procedures required for an amendment of that Act.”
In addition to those district judges’ opinions cited in defense attorney Huft’s brief, Washtenaw County District Judge Richard E. Conlin issued an opinion on July 23, 2014, holding that: “The Penal Code statute requiring medical marihuana to be in an enclosed case when transported clearly amends the Michigan Medical Marihuana Act, which places no restrictions (other than amount) on transporting Marihuana for patients and caregivers, and provides a complete defense to criminal prosecution. The statute does not reenact or republish the Michigan Medical Marihuana Act. In Alan v Wayne County, 388 Mich 210 (1972), the Michigan Supreme Court specifically addresses the question of “amendment by implication,” where a statute has the effect of amending another statute or act, but does not make reference to the statute or act so amended. But that is not the case here; MCL 750.474 specifically mentions the Michigan Medical Marihuana Act, and specifically amends the act by requiring usable marihuana to be transported in a closed container that is in the trunk or otherwise inaccessible. This type of amendment is unconstitutional.”
Judge Mead also granted Benzie County Chief Assistant Prosecuting Attorney Jennifer Tang-Anderson’s request to adjourn the proceedings on September 18 so she could prepare a responsive brief.
A future hearing date regarding defense attorney Huft’s motion to dismiss has not yet been scheduled by the Benzie County District Court.
In 2014, various district court judges throughout Michigan have dismissed criminal cases against individuals charged with violating a 2012 law which penalizes unauthorized methods of transporting marijuana. The marijuana transportation law is, however, currently being enforced in other Michigan courts’ jurisdictions against medical marijuana patients and caregivers who were acting in strict compliance with Michigan’s Medical Marijuana Act (MMMA).
Recently, a Benzie County District Judge asked Michigan’s Attorney General to file a brief outlining their position on the constitutionality of the marijuana transportation law. In that case, People v Olaf Johnson, Defense attorney David G. Huft argued in his motion and brief that the marijuana transportation law “is superseded by [the MMMA] … Defendant is immune from prosecution and arrest because he fully complied with the requirements of [the MMMA]” Huft further argued that “Defendant is entitled to dismissal under the affirmative defense [section of the MMMA]” and that the marijuana transportation law “is unconstitutional.”
Michigan’s statute restricting the transportation of usable marijuana in a motor vehicle (MCL 750.474) requires marijuana to be “[e]nclosed in a case that is carried in the trunk of the vehicle… or [e]nclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.” The 2012 marijuana transportation law additionally provides that a “person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”
Benzie County District Court Judge John D. Mead asked defense attorney David Huft, at a hearing on September 18, to “prepare an order for me to sign inviting [Michigan's] Attorney General to submit a brief in this [case], 'cause anytime a statute is being challenged on constitutional grounds, it's my understanding the AG is actually supposed to be notified so that that office can decide whether or not it wants to file a brief."
Judge Mead’s September 19, 2014 order indicates: “IT IS THEREFORE ORDERED THAT the Attorney General for the State of Michigan shall be given notice of the pendency of this case, shall be provided copies of Defendant's Motion to Dismiss and Defendant's Brief in Support of Motion to Dismiss, and shall be given an opportunity to file a brief on the issues presented by Defendant's Motion to Dismiss.”
Defense attorney Huft’s motion and brief cited the following transcript’s and opinions in which three district judges had previously dismissed criminal charges after ruling that Michigan’s marijuana transportation law was unconstitutional and/or superseded by the MMMA.
• On March 4, 2014, Ingham County District Judge Thomas P. Boyd granted a motion to dismiss a charge of illegal transportation of marijuana and held that: “The question is did [the legislature enact the marijuana transportation law] in a way that's consistent with the constitution and consistent with the members of the Constitutional Convention's intent that legislation not be done in secret or by trick. The really puzzling thing is I assumed … that I would find that it didn't have the requisite supermajority number of votes to amend an initiated act, which is also a different constitutional provision. But it does. I mean, this bill passed the House with 93 votes and passed the Senate with 38 votes. So I'm at a loss to know why the legislature was skirting the constitutional requirements when they had the votes to pass the bill. It doesn't make any sense. There's only, I guess, a couple answers. One is sloppiness, which, of course, is always a possibility with the term limit of the legislature. And the other is that they had a different reason not to amend the initiated act. Sometimes, because of the constitutional requirement that you can't change an act without going into it, once you go into the act, people who want to do things other than the sponsor's intent also get to amend the act. And they can amend the bill, which might amend the act and that ties things up and maybe that's what's going on. I don't know. I guess it's not really for us to guess. It doesn't really matter… Finally, Public Act 460 of 2012 is unconstitutional as it was enacted contrary to Article IV, Section 25, of the Michigan Constitution which provides that “no law shall be revised, altered, or amended by reference to its title only. The section or sections of the act altered or amended shall be reenacted and published at length.” It is crystal clear that [the marijuana transportation law] is an effort to amend, alter, or revise the Medical Marihuana Act which is the initiated act of number 1 of 2008. Why the legislature chose to amend the penal code rather than just go into the initiate law of 2008 as required by Article IV, Section 25, of the Michigan Constitution? I don't know. I speculated, but I have no idea, and it's not really relevant to the purposes of this inquiry.”
• On June 19, 2014, Delta County District Judge Glenn A. Pearson issued an order finding that Michigan’s marijuana transportation law “is inconsistent with the MMMA with regard to the transportation of medical marijuana and that Public Act 460 of 2012 is unconstitutional in its enactment having been done in violation of Article IV Section 25 of the Michigan Constitution. The Court specifically adopts the reasoning of Judge Boyd as set forth on the record March 4, 2014 in the 55th District Court for the County of Ingham…”
• On July 21, 2014, Crawford County District Judge Monte J. Burmeister held that the Legislature’s “amendments to the penal code attempt to modify theMichigan Medical Marihuana Act by restricting actions specifically allowed for under the MMMA. This attempt to revise and alter is done under the auspices of the penal code rather than re-publishing of the MMMA. Such an approach is unconstitutional… In dismissing the case, this Court notes it believes the MMMA is bad public policy as written and is fraught with problems as drafted. Notwithstanding that, it is not the Court's personal views that dictate here, but rather the Court's requirement to uphold the Constitution of this state. The Legislature may affect the modifications they did here with the same prohibitions regarding transport, but it is incumbent upon them to do that under the tenets of the Michigan Medical Marijuana Act and consistent with the procedures required for an amendment of that Act.”
In addition to those district judges’ opinions cited in defense attorney Huft’s brief, Washtenaw County District Judge Richard E. Conlin issued an opinion on July 23, 2014, holding that: “The Penal Code statute requiring medical marihuana to be in an enclosed case when transported clearly amends the Michigan Medical Marihuana Act, which places no restrictions (other than amount) on transporting Marihuana for patients and caregivers, and provides a complete defense to criminal prosecution. The statute does not reenact or republish the Michigan Medical Marihuana Act. In Alan v Wayne County, 388 Mich 210 (1972), the Michigan Supreme Court specifically addresses the question of “amendment by implication,” where a statute has the effect of amending another statute or act, but does not make reference to the statute or act so amended. But that is not the case here; MCL 750.474 specifically mentions the Michigan Medical Marihuana Act, and specifically amends the act by requiring usable marihuana to be transported in a closed container that is in the trunk or otherwise inaccessible. This type of amendment is unconstitutional.”
Judge Mead also granted Benzie County Chief Assistant Prosecuting Attorney Jennifer Tang-Anderson’s request to adjourn the proceedings on September 18 so she could prepare a responsive brief.
A future hearing date regarding defense attorney Huft’s motion to dismiss has not yet been scheduled by the Benzie County District Court.
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oscar169
Farming 🌱
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New Michigan Marijuana Rules Being Debated Today
A proposed set of rules altering the nature of the Michigan Medical Marihuana Program (MMMP) will be considered by a Joint Committee today in Lansing.
The rules met stiff resistance from medical marijuana community members during a hearing on the proposed changes earlier this year. Members of Americans for Safe Access- Michigan, Cannabis Patients United, Michigan Moms United, The Michigan Cannabis Cancer Project, The Human Solution and others raised concerns regarding the proposed fee changes- and a first-in-the-nation all electronic registration process.
Current fees to enroll in the MMMP are $100 for two years and $25 for two years for people receiving federal assistance under the SSI program. The proposal would change the fee to $65 for two years for everyone, eliminating the discount for those financially disadvantaged ill and injured Michigan residents.
Also proposed: eliminating all paper records and creating an all-electronic database. All supporting documents- driver’s license, medical records- would have to be scanned into a computer and then transferred to the Michigan Department of Licensing and Regulatory Affairs (LARA), the branch of government charged with the administration of the MMMP. Currently those records are photocopied and sent in via traditional mail delivery.
Activists complained that the most rural and most impoverished of the MMMP participants would find this standard a hardship. Others pointed out that LARA and their predecessor in controlling the MMMP, the Department of Community Health, had never competently managed to administer the issuance of cards and the conducting of background checks while using paper records. To entrust a totally new system to the people that couldn’t manage a paper records system that the state has been using for years seemed overly optimistic to the hearing participants.
Details regarding the October 1 hearing are included below.
CommitteeJoint Committee on Administrative Rules
Clerk Phone NumberMarge Martin 517-373-5773
LocationRooms 402/403, State Capitol Building, Lansing, MI
DateWednesday, 10/1/2014
Time12:00 PM
AgendaJCAR #14-22 Department of Licensing and Regulatory Affairs, Bureau of Fire Services/Storage Tank Division, Storage and Handling of Flammable/Combustible Liquids. (2013-028 LR)
JCAR #14-26 Department of Licensing and Regulatory Affairs, Bureau of Fire Services/Storage Tank Division, Compressed Natural Gas Vehicular Gaseous Fuel Slystems. (2013-108 LR)
JCAR #14-32 Department of Licensing and Regulatory Affairs, Bureau of Fire Services /Storage Tank Division, Storage and Handling of Liquefied Petroleum Gases. (2014-012 LR)
JCAR #14-33 Department of Treasury, Bureau of State and Authority Finance – School Bond Qualification Rules. (2013-106 TY)
JCAR #14-23 Department of Licensing and Regulatory Affairs-Director’s Office, Michigan Medical Marihuana. (2013-105 LR)
JCAR #14-35 Department of Licensing and Regulatory Affairs, Administrative Hearing System, Administrative Hearing Rules. (2013-100 LR)
Chair
http://www.theweedblog.com/new-michigan-marijuana-rules-being-debated-today/Senator John Pappageorge
A proposed set of rules altering the nature of the Michigan Medical Marihuana Program (MMMP) will be considered by a Joint Committee today in Lansing.
The rules met stiff resistance from medical marijuana community members during a hearing on the proposed changes earlier this year. Members of Americans for Safe Access- Michigan, Cannabis Patients United, Michigan Moms United, The Michigan Cannabis Cancer Project, The Human Solution and others raised concerns regarding the proposed fee changes- and a first-in-the-nation all electronic registration process.
Current fees to enroll in the MMMP are $100 for two years and $25 for two years for people receiving federal assistance under the SSI program. The proposal would change the fee to $65 for two years for everyone, eliminating the discount for those financially disadvantaged ill and injured Michigan residents.
Also proposed: eliminating all paper records and creating an all-electronic database. All supporting documents- driver’s license, medical records- would have to be scanned into a computer and then transferred to the Michigan Department of Licensing and Regulatory Affairs (LARA), the branch of government charged with the administration of the MMMP. Currently those records are photocopied and sent in via traditional mail delivery.
Activists complained that the most rural and most impoverished of the MMMP participants would find this standard a hardship. Others pointed out that LARA and their predecessor in controlling the MMMP, the Department of Community Health, had never competently managed to administer the issuance of cards and the conducting of background checks while using paper records. To entrust a totally new system to the people that couldn’t manage a paper records system that the state has been using for years seemed overly optimistic to the hearing participants.
Details regarding the October 1 hearing are included below.
CommitteeJoint Committee on Administrative Rules
Clerk Phone NumberMarge Martin 517-373-5773
LocationRooms 402/403, State Capitol Building, Lansing, MI
DateWednesday, 10/1/2014
Time12:00 PM
AgendaJCAR #14-22 Department of Licensing and Regulatory Affairs, Bureau of Fire Services/Storage Tank Division, Storage and Handling of Flammable/Combustible Liquids. (2013-028 LR)
JCAR #14-26 Department of Licensing and Regulatory Affairs, Bureau of Fire Services/Storage Tank Division, Compressed Natural Gas Vehicular Gaseous Fuel Slystems. (2013-108 LR)
JCAR #14-32 Department of Licensing and Regulatory Affairs, Bureau of Fire Services /Storage Tank Division, Storage and Handling of Liquefied Petroleum Gases. (2014-012 LR)
JCAR #14-33 Department of Treasury, Bureau of State and Authority Finance – School Bond Qualification Rules. (2013-106 TY)
JCAR #14-23 Department of Licensing and Regulatory Affairs-Director’s Office, Michigan Medical Marihuana. (2013-105 LR)
JCAR #14-35 Department of Licensing and Regulatory Affairs, Administrative Hearing System, Administrative Hearing Rules. (2013-100 LR)
Chair
http://www.theweedblog.com/new-michigan-marijuana-rules-being-debated-today/Senator John Pappageorge
oscar169
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Michigan medical marijuana rule changes hit speed bump; Senate still mulling dispensaries, edibles
LANSING, MI — A proposal to overhaul Michigan medical marijuana rules hit a speed bump Wednesday in Lansing, with the Joint Committee on Administrative Rules balking at plans to require online registration for new and renewing patients.
Sen. John Pappageorge, chair of the committee, said requiring online registration would cause problems for rural or poor residents without internet access who can currently register using a paper form.
He criticized the Department of Licensing and Regulatory Affairs, which proposed the rule change, for focusing on its own efficiency rather than what was best for its customers.
“If the person can’t file the darn thing unless they go out and buy a computer, why are you saying to them they can’t register?” said Pappageorge, R-Troy.
Desmond Mitchell, a policy analyst for LARA, responded by telling the committee that online registration would be “great” for the public because most denials are due to customer error when filing out paper forms.
“If it’s done online, it will be impossible to deny for those reasons,” he said.
Online registration is just one component of a larger rules change proposed by LARA. The department also wants to establish a flat $60 two-year registration fee — down from $100 for most patients — and change the way residents can petition the state to add new medical conditions to the law.
Pappageorge said there would not be enough votes on the joint committee to approve the proposal unless LARA softens the online registration requirement, perhaps by allowing paper registration when Internet access is not feasible.
The panel has 60 days to consider the rules, and with the end of the year in sight, Pappageorge urged LARA to bring back a modified proposal in short order. If the committee does not approve the administrative rules, lawmakers could block implementation through separate legislation, if they choose.
State Rep. Tom McMillin, R-Rochester Hills, expressed concern with a proposed rule that would require petitioners to submit a peer-reviewed study when asking the Medical Marijuana Review Panel to consider adding a new condition to the law.
Marijuana remains illegal under federal law, McMillin noted, questioning whether such studies can be conducted in the United States. A LARA representative said some universities are studying the drug and noted that research from other countries would be permissible.
Josie Scoggins, a medical marijuana patient from Lansing, criticized the proposed fee structure. While reducing the cost from $100 to $60 for most patients would be a “great thing,” she noted that the department would also eliminate a $25 reduced fee for low-income residents on Medicaid or supplementary Social Security.
LARA says 88 percent of existing patients would see reduced fees under the proposal, and a uniform cost would speed up the registration process so that the department can distribute medical marijuana cards more quickly.
Separately, the Michigan Senate continues to consider legislation that would allow for the return of regulated marijuana dispensaries and non-smokable forms of the drug, including edibles and topical creams.
Majority Leader Randy Richardville, R-Monroe, had hoped to move the House-approved bills by the end of September, but said Wednesday that he continues to work with law enforcement officials who have expressed concerns with the legislation.
“It’s kind of a tricky balance there. What we want to do is put the bad players out. We want to get legislation that eliminates or reduces their activity significantly,” Richardville told reporters on Wednesday.
“At the same time, there are people out there that require, that need, that are being helped by legitimate marijuana health care products. We don’t want to hurt those people while we’re stopping the bad players.”
A February ruling by the Michigan Supreme Court empowered county prosecutors to shut down dispensaries as a “public nuisance,” but the House legislation includes several new rules designed to tighten oversight.
The Michigan Court of Appeals, meanwhile, ruled in July that "pot brownies" are not a usable form of marijuana under the medical law, leaving other non-smokable forms of the drug in a state of legal limbo.
Richardville said the Senate could consider both bills when it meets on October 22, “if not, it will be right after the election.”
http://www.mlive.com/lansing-news/index.ssf/2014/10/michigan_medical_marijuana_rul.html#comments
LANSING, MI — A proposal to overhaul Michigan medical marijuana rules hit a speed bump Wednesday in Lansing, with the Joint Committee on Administrative Rules balking at plans to require online registration for new and renewing patients.
Sen. John Pappageorge, chair of the committee, said requiring online registration would cause problems for rural or poor residents without internet access who can currently register using a paper form.
He criticized the Department of Licensing and Regulatory Affairs, which proposed the rule change, for focusing on its own efficiency rather than what was best for its customers.
“If the person can’t file the darn thing unless they go out and buy a computer, why are you saying to them they can’t register?” said Pappageorge, R-Troy.
Desmond Mitchell, a policy analyst for LARA, responded by telling the committee that online registration would be “great” for the public because most denials are due to customer error when filing out paper forms.
“If it’s done online, it will be impossible to deny for those reasons,” he said.
Online registration is just one component of a larger rules change proposed by LARA. The department also wants to establish a flat $60 two-year registration fee — down from $100 for most patients — and change the way residents can petition the state to add new medical conditions to the law.
Pappageorge said there would not be enough votes on the joint committee to approve the proposal unless LARA softens the online registration requirement, perhaps by allowing paper registration when Internet access is not feasible.
The panel has 60 days to consider the rules, and with the end of the year in sight, Pappageorge urged LARA to bring back a modified proposal in short order. If the committee does not approve the administrative rules, lawmakers could block implementation through separate legislation, if they choose.
State Rep. Tom McMillin, R-Rochester Hills, expressed concern with a proposed rule that would require petitioners to submit a peer-reviewed study when asking the Medical Marijuana Review Panel to consider adding a new condition to the law.
Marijuana remains illegal under federal law, McMillin noted, questioning whether such studies can be conducted in the United States. A LARA representative said some universities are studying the drug and noted that research from other countries would be permissible.
Josie Scoggins, a medical marijuana patient from Lansing, criticized the proposed fee structure. While reducing the cost from $100 to $60 for most patients would be a “great thing,” she noted that the department would also eliminate a $25 reduced fee for low-income residents on Medicaid or supplementary Social Security.
LARA says 88 percent of existing patients would see reduced fees under the proposal, and a uniform cost would speed up the registration process so that the department can distribute medical marijuana cards more quickly.
Separately, the Michigan Senate continues to consider legislation that would allow for the return of regulated marijuana dispensaries and non-smokable forms of the drug, including edibles and topical creams.
Majority Leader Randy Richardville, R-Monroe, had hoped to move the House-approved bills by the end of September, but said Wednesday that he continues to work with law enforcement officials who have expressed concerns with the legislation.
“It’s kind of a tricky balance there. What we want to do is put the bad players out. We want to get legislation that eliminates or reduces their activity significantly,” Richardville told reporters on Wednesday.
“At the same time, there are people out there that require, that need, that are being helped by legitimate marijuana health care products. We don’t want to hurt those people while we’re stopping the bad players.”
A February ruling by the Michigan Supreme Court empowered county prosecutors to shut down dispensaries as a “public nuisance,” but the House legislation includes several new rules designed to tighten oversight.
The Michigan Court of Appeals, meanwhile, ruled in July that "pot brownies" are not a usable form of marijuana under the medical law, leaving other non-smokable forms of the drug in a state of legal limbo.
Richardville said the Senate could consider both bills when it meets on October 22, “if not, it will be right after the election.”
http://www.mlive.com/lansing-news/index.ssf/2014/10/michigan_medical_marijuana_rul.html#comments
oscar169
Farming 🌱
Supporter
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- 263
Road funding, term limits, pot or prevailing wage? Richardville talks Michigan lame-duck wish list
Senate Majority Leader Randy Richardville (R-Monroe) (Fritz Klug | MLive.com)
LANSING, MI — Michigan Senate Majority Leader Randy Richadville is getting ready for lame-duck.
And for good reason: He’s serving his last term, and the upper chamber is expected to meet just once more before the November 4 general election. That single session day -- October 22 -- will likely be used to cue up bills for the post-election period, Richardville told reporters Thursday.
The Monroe Republican then shared his own goals for the lame-duck period and talked about some of the other proposals that could come up.
TERM LIMITS? Richardville says he’s ready to leave office, but he wants to change term limits before he does. And with national groups already lining up in opposition, he’s prepared for a fight. “We’ve got incredible people up here," he said of his colleagues. "The best and the brightest from back home have been sent here, and you know what, we don’t give them enough time or tools to do as good a job as they could."
ROAD FUNDING? A Senate workgroup has primarily focused on possible increases in overweight truck fines and fees, but those House-approved ideas aren’t expected to generate huge revenues. The long-term goal is still some $1 billion a year in new revenue, but the funding mechanism remains unclear. A plan to raise fuel taxes fell apart in the Senate this June. “It hasn’t been a secret that I’m passionate about fixing the roads,” Richardville said. “I’d like to to be the last thing I do before I drive out of here. Pun intended.”
ELECTORAL COLLEGE? There’s been talk that the Republican-led Legislature could try to change the way the state awards electoral college votes in presidential elections, going from a winner-take all system to a proportional one that would havebenefited the likes of Mitt Romney in 2012. Richardville, who has final say on which bills see a vote in the Senate, said he has never been supportive of the idea. “It seems political to me,” he said. “…I have more confidence in our candidates maybe then some other people do. I think it’s more conservative to leave it the way it is.”
MEDICAL MARIJUANA? It’s possible that the Senate could take up House-approved medical marijuana bills on October 22, but it’s more likely they wait until lame-duck. The bills would allow for the return of regulated marijuana dispensaries and allow registered patients to use non-smokable forms of the drug, including edibles. Law enforcement still has concerns, but Richardville said they continue to work towards a solution.
PREVAILING WAGE? The hot-button issue remains an unaccomplished agenda item on the House GOP Action Plan, but Richardville said he’s got no plans in the Senate. Michigan’s prevailing wage law requires union wages and benefits for workers on state-funded or sponsored construction projects. Richardville said right-to-work allowed more freedom for workers but he doesn’t see “prevailing wage being the same kind of instrument or the same kind of issue. I’m not interested in it. Some other Legislature can do it. I do however reserve the right to change my mind.”
FILM INDUSTRY? Richardville, who has routinely fought to preserve film incentive funding, introduced a bill this week that he says would help “build careers and keep people longer working and build up the workforce that the moviemakers would like us to have.” The legislation is still a work in progress, he said, but he’s planning to address the issue this year.
GAY RIGHTS? Richardville didn’t mention an Elliott-Larsen amendment on Thursday, but he’s previously said he’d like to have a public hearing on whether the state should add LGBT protections to the anti-discrimination law. A lot depends on what happens in the House, where Republican Speaker Jase Bolger has discussed pairing an Elliott-Larsen update with a Religious Freedom Restoration Act. He's also questioned the need for gender identity language
http://www.mlive.com/lansing-news/index.ssf/2014/10/roads_term_limits_or_electoral.html
Senate Majority Leader Randy Richardville (R-Monroe) (Fritz Klug | MLive.com)
LANSING, MI — Michigan Senate Majority Leader Randy Richadville is getting ready for lame-duck.
And for good reason: He’s serving his last term, and the upper chamber is expected to meet just once more before the November 4 general election. That single session day -- October 22 -- will likely be used to cue up bills for the post-election period, Richardville told reporters Thursday.
The Monroe Republican then shared his own goals for the lame-duck period and talked about some of the other proposals that could come up.
TERM LIMITS? Richardville says he’s ready to leave office, but he wants to change term limits before he does. And with national groups already lining up in opposition, he’s prepared for a fight. “We’ve got incredible people up here," he said of his colleagues. "The best and the brightest from back home have been sent here, and you know what, we don’t give them enough time or tools to do as good a job as they could."
ROAD FUNDING? A Senate workgroup has primarily focused on possible increases in overweight truck fines and fees, but those House-approved ideas aren’t expected to generate huge revenues. The long-term goal is still some $1 billion a year in new revenue, but the funding mechanism remains unclear. A plan to raise fuel taxes fell apart in the Senate this June. “It hasn’t been a secret that I’m passionate about fixing the roads,” Richardville said. “I’d like to to be the last thing I do before I drive out of here. Pun intended.”
ELECTORAL COLLEGE? There’s been talk that the Republican-led Legislature could try to change the way the state awards electoral college votes in presidential elections, going from a winner-take all system to a proportional one that would havebenefited the likes of Mitt Romney in 2012. Richardville, who has final say on which bills see a vote in the Senate, said he has never been supportive of the idea. “It seems political to me,” he said. “…I have more confidence in our candidates maybe then some other people do. I think it’s more conservative to leave it the way it is.”
MEDICAL MARIJUANA? It’s possible that the Senate could take up House-approved medical marijuana bills on October 22, but it’s more likely they wait until lame-duck. The bills would allow for the return of regulated marijuana dispensaries and allow registered patients to use non-smokable forms of the drug, including edibles. Law enforcement still has concerns, but Richardville said they continue to work towards a solution.
PREVAILING WAGE? The hot-button issue remains an unaccomplished agenda item on the House GOP Action Plan, but Richardville said he’s got no plans in the Senate. Michigan’s prevailing wage law requires union wages and benefits for workers on state-funded or sponsored construction projects. Richardville said right-to-work allowed more freedom for workers but he doesn’t see “prevailing wage being the same kind of instrument or the same kind of issue. I’m not interested in it. Some other Legislature can do it. I do however reserve the right to change my mind.”
FILM INDUSTRY? Richardville, who has routinely fought to preserve film incentive funding, introduced a bill this week that he says would help “build careers and keep people longer working and build up the workforce that the moviemakers would like us to have.” The legislation is still a work in progress, he said, but he’s planning to address the issue this year.
GAY RIGHTS? Richardville didn’t mention an Elliott-Larsen amendment on Thursday, but he’s previously said he’d like to have a public hearing on whether the state should add LGBT protections to the anti-discrimination law. A lot depends on what happens in the House, where Republican Speaker Jase Bolger has discussed pairing an Elliott-Larsen update with a Religious Freedom Restoration Act. He's also questioned the need for gender identity language
http://www.mlive.com/lansing-news/index.ssf/2014/10/roads_term_limits_or_electoral.html
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Belmont couple pleads guilty in marijuana butter case
VIDEO >>>
GRAND RAPIDS (WZZM) – A Belmont couple at the center of a marijuana butter investigation involving four Kent County Corrections officers pleaded guilty Tuesday for their roles in the case.
Timothy and Alyssa Scherzer entered their pleas before Kent County Circuit Court Judge Dennis Leiber, who set sentencing for Nov. 13.
Timothy Scherzer pleaded guilty to delivery of marijuana, a four-year felony, and maintaining a drug house, which is punishable by up to two years. His wife Alyssa also pleaded guilty to maintaining a drug house.
In exchange for their pleas, several other charges will be dismissed. The couple remain free on bond.
Their home on Van Dam Drive NE in Plainfield Township was raided March 17 by members of Kent Area Narcotics Enforcement Team. Officers seized 31 marijuana plants, processed marijuana and butter infused with oil extracted from marijuana buds. Patients use it in cooking or as a spread.
The investigation led to charges against four corrections officers, three of whom have medical marijuana cards.
Criminal proceedings against the four are pending in Kent County Circuit Court. Attorneys for two of the men will be in court Friday, asking Leiber to dismiss the cases.
In court Tuesday, Timothy Scherzer, 48, said he tended the marijuana plants used to make butter. He admitted to providing marijuana butter to one of the four jail employees who then delivered it to clients. Scherzer and his 43-year-old wife are certified medical marijuana caregivers.
Under Michigan's 2008 medical marijuana law, caregivers are allowed to grow up to 12 marijuana plants per patient, with the cap at five patients. It also places restrictions on using marijuana as an ingredient in other products, be it butter or brownies.
The way the law currently stands, having 11 pounds of marijuana butter (the equivalent of 5 kilos) is a felony punishable by up to seven years in prison, even if it only contains 11 ounces of marijuana.
But that could change. Legislation pending in Lansing would allow patients and caregivers to make marijuana-infused products in specific quantities. Under the bill, one ounce of usable marijuana would be permitted in 16 ounces of food.
Michigan voters approved the medical marijuana law in 2008 by a 63 percent to 37 percent margin. Since then, more than 100,000 people have been certified to use medical marijuana. There were more than 27,000 licensed caregivers as of last year.
VIDEO >>>
GRAND RAPIDS (WZZM) – A Belmont couple at the center of a marijuana butter investigation involving four Kent County Corrections officers pleaded guilty Tuesday for their roles in the case.
Timothy and Alyssa Scherzer entered their pleas before Kent County Circuit Court Judge Dennis Leiber, who set sentencing for Nov. 13.
Timothy Scherzer pleaded guilty to delivery of marijuana, a four-year felony, and maintaining a drug house, which is punishable by up to two years. His wife Alyssa also pleaded guilty to maintaining a drug house.
In exchange for their pleas, several other charges will be dismissed. The couple remain free on bond.
Their home on Van Dam Drive NE in Plainfield Township was raided March 17 by members of Kent Area Narcotics Enforcement Team. Officers seized 31 marijuana plants, processed marijuana and butter infused with oil extracted from marijuana buds. Patients use it in cooking or as a spread.
The investigation led to charges against four corrections officers, three of whom have medical marijuana cards.
Criminal proceedings against the four are pending in Kent County Circuit Court. Attorneys for two of the men will be in court Friday, asking Leiber to dismiss the cases.
In court Tuesday, Timothy Scherzer, 48, said he tended the marijuana plants used to make butter. He admitted to providing marijuana butter to one of the four jail employees who then delivered it to clients. Scherzer and his 43-year-old wife are certified medical marijuana caregivers.
Under Michigan's 2008 medical marijuana law, caregivers are allowed to grow up to 12 marijuana plants per patient, with the cap at five patients. It also places restrictions on using marijuana as an ingredient in other products, be it butter or brownies.
The way the law currently stands, having 11 pounds of marijuana butter (the equivalent of 5 kilos) is a felony punishable by up to seven years in prison, even if it only contains 11 ounces of marijuana.
But that could change. Legislation pending in Lansing would allow patients and caregivers to make marijuana-infused products in specific quantities. Under the bill, one ounce of usable marijuana would be permitted in 16 ounces of food.
Michigan voters approved the medical marijuana law in 2008 by a 63 percent to 37 percent margin. Since then, more than 100,000 people have been certified to use medical marijuana. There were more than 27,000 licensed caregivers as of last year.
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House opponents split on value of relaxed pot laws
Two Videos>> http://www.livingstondaily.com/stor...onents-split-value-relaxed-pot-laws/16894159/
47th District State House candidate Jordan Genso talks about decriminalizing pot, for example, to boost Michigan's budget. DAILY PRESS & ARGUS
Changing Michigan's marijuana laws would have a far-reaching impact extending to education funding and even tourism, according to a candidate for the 47th state House seat.
Jordan Genso, a Democrat from Marion Township, said at a candidate forum Tuesday in Howell that decriminalizing the recreational use of marijuana — placing it on par with alcohol use — could lead to a shift in state prison spending, leaving more money for education.
At the same time, it could make the state more attractive to tourists and potential new residents.
"It could draw people to Michigan," Genso said.
Veterinarian Dr. Hank Vaupel, the Republican in the race, strongly disagreed with that assessment.
"I do not support the legalization of marijuana," Vaupel said.
Genso's comments came in response to a question about education funding at the forum, which was held at the Howell High School auditorium.
It was perhaps the biggest surprise in a night full of somewhat smaller ones.
On hydraulic fracking, or "fracking," Handy Township Supervisor Vaupel said he favored strict monitoring of the drilling practice with strong local input, breaking somewhat from the party line.
Local input should be respected on issues like "odor, dust and noise," Vaupel said.
Genso, a Realtor, said Michigan should ban fracking, in part, because neighbors have no input on the selection of sites.
The two also broke on charter schools, though perhaps not as expected.
Noting recent controversy regarding their performance, Vaupel said he favored holding charter schools to the same educational standards as public schools.
Genso, a board member of FlexTech, a Genoa Township charter high school, said exceptions should be made for charter schools attempting to provide an alternative experience as opposed to those whose formats are more closely aligned with traditional public schools.
The two contrasted sharply on abortion rights, particularly as they pertained to allowing Michigan employers to opt out of providing abortion coverage for employees.
"Employers should have the right of deciding what they offer, whether it be for moral reasons, religious reasons or whatever," Vaupel said.
Genso, though, would repeal employers' exception from state law.
"There's no legitimate reason to treat abortion any differently than any other legal medical procedure," he said.
They also broke sharply on "stand your ground" elements of Michigan's self-defense law.
The law shouldn't be changed, Vaupel said, despite the recent deadly shooting involving two motorists on Grand River Avenue just east of Howell. The man charged in the shooting is expected to make the case he fired in self-defense.
Genso, however, favored changing the law by replacing the presumption of innocent until proven guilty from those who caused fatalities with a standard based on the preponderance of the evidence.
Libertarian candidate Rodger Young is also on the Nov. 4 ballot with Genso and Vaupel but didn't participate in the forum.
Young, Genso and Vaupel are vying to to replace incumbent Republican Cindy Denby who is ineligible to seek re-election due to term limits.
The 47th House District includes Conway, Cohoctah, Deerfield, Hartland, Howell, Handy, Iosco, Unadilla, Marion, Oceola and Tyrone townships, Howell and Fowlerville.
Tuesday's event was the third and last in a series of candidate forums hosted by Voters Voice, the Howell Area Chamber of Commerce, the Greater Brighton Area Chamber of Commerce, the Hartland Area Chamber of Commerce, the Livingston County Association of School Boards, the Brighton District Library and the Livingston County Daily Press & Argus. Daily Press & Argus Managing Editor Mike Malott served as moderator.
Two Videos>> http://www.livingstondaily.com/stor...onents-split-value-relaxed-pot-laws/16894159/
47th District State House candidate Jordan Genso talks about decriminalizing pot, for example, to boost Michigan's budget. DAILY PRESS & ARGUS
Changing Michigan's marijuana laws would have a far-reaching impact extending to education funding and even tourism, according to a candidate for the 47th state House seat.
Jordan Genso, a Democrat from Marion Township, said at a candidate forum Tuesday in Howell that decriminalizing the recreational use of marijuana — placing it on par with alcohol use — could lead to a shift in state prison spending, leaving more money for education.
At the same time, it could make the state more attractive to tourists and potential new residents.
"It could draw people to Michigan," Genso said.
Veterinarian Dr. Hank Vaupel, the Republican in the race, strongly disagreed with that assessment.
"I do not support the legalization of marijuana," Vaupel said.
Genso's comments came in response to a question about education funding at the forum, which was held at the Howell High School auditorium.
It was perhaps the biggest surprise in a night full of somewhat smaller ones.
On hydraulic fracking, or "fracking," Handy Township Supervisor Vaupel said he favored strict monitoring of the drilling practice with strong local input, breaking somewhat from the party line.
Local input should be respected on issues like "odor, dust and noise," Vaupel said.
Genso, a Realtor, said Michigan should ban fracking, in part, because neighbors have no input on the selection of sites.
The two also broke on charter schools, though perhaps not as expected.
Noting recent controversy regarding their performance, Vaupel said he favored holding charter schools to the same educational standards as public schools.
Genso, a board member of FlexTech, a Genoa Township charter high school, said exceptions should be made for charter schools attempting to provide an alternative experience as opposed to those whose formats are more closely aligned with traditional public schools.
The two contrasted sharply on abortion rights, particularly as they pertained to allowing Michigan employers to opt out of providing abortion coverage for employees.
"Employers should have the right of deciding what they offer, whether it be for moral reasons, religious reasons or whatever," Vaupel said.
Genso, though, would repeal employers' exception from state law.
"There's no legitimate reason to treat abortion any differently than any other legal medical procedure," he said.
They also broke sharply on "stand your ground" elements of Michigan's self-defense law.
The law shouldn't be changed, Vaupel said, despite the recent deadly shooting involving two motorists on Grand River Avenue just east of Howell. The man charged in the shooting is expected to make the case he fired in self-defense.
Genso, however, favored changing the law by replacing the presumption of innocent until proven guilty from those who caused fatalities with a standard based on the preponderance of the evidence.
Libertarian candidate Rodger Young is also on the Nov. 4 ballot with Genso and Vaupel but didn't participate in the forum.
Young, Genso and Vaupel are vying to to replace incumbent Republican Cindy Denby who is ineligible to seek re-election due to term limits.
The 47th House District includes Conway, Cohoctah, Deerfield, Hartland, Howell, Handy, Iosco, Unadilla, Marion, Oceola and Tyrone townships, Howell and Fowlerville.
Tuesday's event was the third and last in a series of candidate forums hosted by Voters Voice, the Howell Area Chamber of Commerce, the Greater Brighton Area Chamber of Commerce, the Hartland Area Chamber of Commerce, the Livingston County Association of School Boards, the Brighton District Library and the Livingston County Daily Press & Argus. Daily Press & Argus Managing Editor Mike Malott served as moderator.
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Flint mom reports son's pot stash after fight over cake
Police in Flint arrested a 16-year-old boy for marijuana possession after his mother showed an officer the drugs following a dispute over a piece of cake.
The Flint Journal reports police were dispatched to a home on Saturday afternoon on a report of a domestic dispute and the woman told them about the argument.
According to a police report, the woman told the officer the boy had marijuana in his bedroom and would smoke it in the home in front of her other children. The woman got the marijuana from the room for police and the officer collected the drugs.
The boy was taken into custody. Names of those involved weren't immediately released.
http://www.freep.com/story/news/local/michigan/2014/10/08/flint-cake-dispute-pot-bust/16898393/
Police in Flint arrested a 16-year-old boy for marijuana possession after his mother showed an officer the drugs following a dispute over a piece of cake.
The Flint Journal reports police were dispatched to a home on Saturday afternoon on a report of a domestic dispute and the woman told them about the argument.
According to a police report, the woman told the officer the boy had marijuana in his bedroom and would smoke it in the home in front of her other children. The woman got the marijuana from the room for police and the officer collected the drugs.
The boy was taken into custody. Names of those involved weren't immediately released.
http://www.freep.com/story/news/local/michigan/2014/10/08/flint-cake-dispute-pot-bust/16898393/
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Vote Medical Marijuana Campaign Ads to air in Detroit this Sunday
http://www.metrotimes.com/Blogs/arc...na-campaign-ads-to-air-in-detroit-this-sunday
http://www.metrotimes.com/Blogs/arc...na-campaign-ads-to-air-in-detroit-this-sunday
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Vote Medical Marijuana Michigan 2014
MICHIGAN STATE REPORT CARD
In 2008, Michigan voters passed the Michigan Medical Marihuana Act, which allows qualifying patients or their designated caregivers to cultivate up to 12 cannabis plants and possess up to 2.5 ounces of usable cannabis. Click here to view Michigan's State Report Card.
Senators Score Cards >>>>> http://www.safeaccessnow.org/vmm_michigan
MICHIGAN STATE REPORT CARD
In 2008, Michigan voters passed the Michigan Medical Marihuana Act, which allows qualifying patients or their designated caregivers to cultivate up to 12 cannabis plants and possess up to 2.5 ounces of usable cannabis. Click here to view Michigan's State Report Card.
Senators Score Cards >>>>> http://www.safeaccessnow.org/vmm_michigan
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Keep yer hands off ma's cake :oFlint mom reports son's pot stash after fight over cake
Police in Flint arrested a 16-year-old boy for marijuana possession after his mother showed an officer the drugs following a dispute over a piece of cake.
The Flint Journal reports police were dispatched to a home on Saturday afternoon on a report of a domestic dispute and the woman told them about the argument.
According to a police report, the woman told the officer the boy had marijuana in his bedroom and would smoke it in the home in front of her other children. The woman got the marijuana from the room for police and the officer collected the drugs.
The boy was taken into custody. Names of those involved weren't immediately released.
http://www.freep.com/story/news/local/michigan/2014/10/08/flint-cake-dispute-pot-bust/16898393/
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ST. IGNACE -- A high school band director in Mackinac County is accused of operating a drug house and manufacturing marijuana.
Stephanie Terpening is charged with criminal enterprise/conspiracy, two charges of manufacturing marijuana, drug delivery/manufacture, and maintaining a drug house.
Michigan State Police searched Terpening home Thursday evening where investigators say they found marijuana and money in the house.
Terpening is out of jail on $50,000 bond. She will be back in court on October 21 for a pretrial.
Terpening is the band director at LaSalle High School in St. Ignace.
http://www.upnorthlive.com/news/story.aspx?id=1108929#.VDxcIvldV8F
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GR prosecutor takes Marijuana law to State Appeals Court
The Michigan Court of Appeals will hear a challenge to the Grand Rapids law that decriminalized marijuana. Voters passed the measure by a wide margin, yet the city prosecutors office sued to overturned the voters instructions. That suit was thrown out in Kent County Circuit Court, and now the prosecutors are appealing. Since the amendment was passed city police have written just over a thousand tickets for minor marijuana infractions.
Read more: http://www.woodradio.com/articles/w...takes-marijuana-law-to-12859341#ixzz3GAidG7zz
The Michigan Court of Appeals will hear a challenge to the Grand Rapids law that decriminalized marijuana. Voters passed the measure by a wide margin, yet the city prosecutors office sued to overturned the voters instructions. That suit was thrown out in Kent County Circuit Court, and now the prosecutors are appealing. Since the amendment was passed city police have written just over a thousand tickets for minor marijuana infractions.
Read more: http://www.woodradio.com/articles/w...takes-marijuana-law-to-12859341#ixzz3GAidG7zz
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Corrections officer pleads guilty to maintaining drug house, must testify against co-workers
Former Kent County Corrections Officer Brian Tennant leaves the Kent County Circuit Court after pleading guilty to maintaining a drug house on Oct. 14, 2014. (Barton Deiters | MLive.com)
GRAND RAPIDS, MI – One of four Kent County corrections officers charged with marijuana-related felonies has pleaded guilty to lesser offenses in a plea deal that requires him to testify against his co-workers and co-defendants and results in him losing his job.
Brian Tennant, a 20-year veteran of the Kent County Sheriff’s Department, pleaded guilty in Kent County Circuit Court Tuesday, Oct. 14, to maintaining a drug house which carries a two-year maximum sentence. He also admitted to marijuana possession.
In exchange, the Kent County Prosecutor’s Office agreed to dismiss more charges of delivery and manufacture and possession of marijuana that carried a maximum four-year sentence.
Tennant also had to give up his job as part of the plea agreement reached between defense attorney Jeffery Crampton and Assistant Kent County Prosecutor James Benison.
Tennant, 45, was arrested at his Wyoming home on March 17. Not long before police came to his home, members of the Kent Area Narcotics Enforcement Team raided the home of Alyssia and Timothy Scherzer and the home of fellow corrections officer Tim Bernhardt.
The investigation started with a tip from the U.S. Postal Service that marijuana was mailed to the Scherzer home. According to police, pounds of marijuana-infused butter were seized in the course of the investigation.
Police showed up at the Tennants home and demanded to see the Michigan medical marijuana card of his wife before they arrested the corrections officer.
Police say Tennant’s wife, Christine Tennant was a medical marijuana patient under the caregiving of Timothy Scherzer. Brian Tennant does not have a medical marijuana card, according to court records.
After detaining Tennant, police arrested Todd VanDoorne and Michael Frederick, both veteran corrections officers.
On Oct. 7, Timothy Scherzer pleaded guilty to delivery of marijuana and maintaining a drug house. He faces as much as four years in prison. Alyssa Scherzer pleaded guilty to maintain a drug house.
VanDoorne and Frederick are appealing Kent County Circuit Judge Dennis Leiber’s ruling that the late night search and interrogation of the officers without a warrant was proper. The appeal resulted in the delay of the officers’ trial that was supposed to begin next week.
Related: Judge says late-night police questioning of marijuana suspects is legal; lawyer says not in America
In court Tuesday, Tennant admitted that he had four pounds of marijuana butter at his home and that he had picked up the butter from the Scherzer home in Plainfield Township. He said he had provided butter to Frederick.
The rest of the officers are on unpaid leave pending the outcome of legal proceedings.
Christine Tennant was in court on Tuesday and said the whole episode has wrecked their lives.
Brian Tennant is scheduled to be sentenced Dec. 4
http://www.mlive.com/news/grand-rapids/index.ssf/2014/10/kent_county_corrections_office_5.html
Former Kent County Corrections Officer Brian Tennant leaves the Kent County Circuit Court after pleading guilty to maintaining a drug house on Oct. 14, 2014. (Barton Deiters | MLive.com)
GRAND RAPIDS, MI – One of four Kent County corrections officers charged with marijuana-related felonies has pleaded guilty to lesser offenses in a plea deal that requires him to testify against his co-workers and co-defendants and results in him losing his job.
Brian Tennant, a 20-year veteran of the Kent County Sheriff’s Department, pleaded guilty in Kent County Circuit Court Tuesday, Oct. 14, to maintaining a drug house which carries a two-year maximum sentence. He also admitted to marijuana possession.
In exchange, the Kent County Prosecutor’s Office agreed to dismiss more charges of delivery and manufacture and possession of marijuana that carried a maximum four-year sentence.
Tennant also had to give up his job as part of the plea agreement reached between defense attorney Jeffery Crampton and Assistant Kent County Prosecutor James Benison.
Tennant, 45, was arrested at his Wyoming home on March 17. Not long before police came to his home, members of the Kent Area Narcotics Enforcement Team raided the home of Alyssia and Timothy Scherzer and the home of fellow corrections officer Tim Bernhardt.
The investigation started with a tip from the U.S. Postal Service that marijuana was mailed to the Scherzer home. According to police, pounds of marijuana-infused butter were seized in the course of the investigation.
Police showed up at the Tennants home and demanded to see the Michigan medical marijuana card of his wife before they arrested the corrections officer.
Police say Tennant’s wife, Christine Tennant was a medical marijuana patient under the caregiving of Timothy Scherzer. Brian Tennant does not have a medical marijuana card, according to court records.
After detaining Tennant, police arrested Todd VanDoorne and Michael Frederick, both veteran corrections officers.
On Oct. 7, Timothy Scherzer pleaded guilty to delivery of marijuana and maintaining a drug house. He faces as much as four years in prison. Alyssa Scherzer pleaded guilty to maintain a drug house.
VanDoorne and Frederick are appealing Kent County Circuit Judge Dennis Leiber’s ruling that the late night search and interrogation of the officers without a warrant was proper. The appeal resulted in the delay of the officers’ trial that was supposed to begin next week.
Related: Judge says late-night police questioning of marijuana suspects is legal; lawyer says not in America
In court Tuesday, Tennant admitted that he had four pounds of marijuana butter at his home and that he had picked up the butter from the Scherzer home in Plainfield Township. He said he had provided butter to Frederick.
The rest of the officers are on unpaid leave pending the outcome of legal proceedings.
Christine Tennant was in court on Tuesday and said the whole episode has wrecked their lives.
Brian Tennant is scheduled to be sentenced Dec. 4
http://www.mlive.com/news/grand-rapids/index.ssf/2014/10/kent_county_corrections_office_5.html
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Judge says late-night police questioning of marijuana suspects is legal; lawyer says not in America
GRAND RAPIDS, MI – Saying authorities' conduct in questioning a pair of corrections officers about marijuana use were the actions of a police state, a local attorney is considering appealing a judge’s decision that police acted properly.
“This is not something I would expect in America,” attorney Bruce Block said on Thursday, Aug. 28. “This behavior is completely outrageous.”
Block is reacting to a decision handed down this week by Kent County Circuit Court Judge Dennis Leiber which states that members of the Kent Area Narcotics Enforcement Team acted properly in conducting so-called “knock and talk” interviews.
The warrantless questioning was conducted in the overnight hours of March 18 with Todd VanDoorne and Mike Frederick, Kent County Jail correctional officers on who are on unpaid leave from their jobs after being charged with marijuana-related crimes.
In the course of the court proceedings, the attorneys representing the corrections officers petitioned Leiber to throw out the questioning and subsequent search of the suspects' homes.
The corrections officers contend they felt they could not say no to the KANET officers who showed up at Frederick’s home at 4 a.m. and at VanDoorne’s home about an hour later.
KANET officers testified they decided against getting warrants in order to protect the corrections officers from publicity that would result in the public swearing out of warrants.
Under the auspices of a “knock and talk,” police show up at a person’s home and the person is free to refuse to talk to police or allow police into the home.
But the corrections officers said they were under the impression that they were required to cooperate with a police investigation because they are deputies with Kent County.
Both said they allowed officers into their homes and then waived their constitutional rights to remain silent because they believed their jobs would be at stake if they did not cooperate.
This is not something I would expect in America -- Attorney Bruce Block
Related:Sheriff on the stand: Stelma testifies about jail guards charged with marijuana violations
However, Leiber concluded that KANET officers at no time indicated that the questioning was part of an internal affairs investigation and that the corrections officers were never threatened or deceived into giving up their rights.
“The law is clear. The answer is plain,” Leiber wrote in his decision. “The Court determines that the KANET team’s actions when approaching and entering (the homes) were a proper ‘knock and talk’ that did not implicate constitutional protections.”
Block strongly disagrees and says the fact that a group of officers came to his client’s home in the wee hours of the morning belies any intention of doing a proper “knock and talk .”
Block said the “knock and talk” is supposed to be no different than any other unsolicited visit to a home by a Girl Scout selling cookies, a vacuum cleaner salesperson or an evangelist and, therefore is not done at 4 a.m.
Block says there is no clear law stating when a “knock and talk” is proper, but other similar late-night examples have been invalidated by other courts.
“There is no reason this could not have waited a few hours,” Block said.
VanDoorne is charged with possession of marijuana, punishable by one year in jail, and maintaining a drug house, a two-year offense.
Frederick and two other officers are charged with charged with delivery and manufacturing of a controlled substance, four-year offenses.
http://www.mlive.com/news/grand-rap.../judge_says_late_night_police_q.html#comments
GRAND RAPIDS, MI – Saying authorities' conduct in questioning a pair of corrections officers about marijuana use were the actions of a police state, a local attorney is considering appealing a judge’s decision that police acted properly.
“This is not something I would expect in America,” attorney Bruce Block said on Thursday, Aug. 28. “This behavior is completely outrageous.”
Block is reacting to a decision handed down this week by Kent County Circuit Court Judge Dennis Leiber which states that members of the Kent Area Narcotics Enforcement Team acted properly in conducting so-called “knock and talk” interviews.
The warrantless questioning was conducted in the overnight hours of March 18 with Todd VanDoorne and Mike Frederick, Kent County Jail correctional officers on who are on unpaid leave from their jobs after being charged with marijuana-related crimes.
In the course of the court proceedings, the attorneys representing the corrections officers petitioned Leiber to throw out the questioning and subsequent search of the suspects' homes.
The corrections officers contend they felt they could not say no to the KANET officers who showed up at Frederick’s home at 4 a.m. and at VanDoorne’s home about an hour later.
KANET officers testified they decided against getting warrants in order to protect the corrections officers from publicity that would result in the public swearing out of warrants.
Under the auspices of a “knock and talk,” police show up at a person’s home and the person is free to refuse to talk to police or allow police into the home.
But the corrections officers said they were under the impression that they were required to cooperate with a police investigation because they are deputies with Kent County.
Both said they allowed officers into their homes and then waived their constitutional rights to remain silent because they believed their jobs would be at stake if they did not cooperate.
This is not something I would expect in America -- Attorney Bruce Block
Related:Sheriff on the stand: Stelma testifies about jail guards charged with marijuana violations
However, Leiber concluded that KANET officers at no time indicated that the questioning was part of an internal affairs investigation and that the corrections officers were never threatened or deceived into giving up their rights.
“The law is clear. The answer is plain,” Leiber wrote in his decision. “The Court determines that the KANET team’s actions when approaching and entering (the homes) were a proper ‘knock and talk’ that did not implicate constitutional protections.”
Block strongly disagrees and says the fact that a group of officers came to his client’s home in the wee hours of the morning belies any intention of doing a proper “knock and talk .”
Block said the “knock and talk” is supposed to be no different than any other unsolicited visit to a home by a Girl Scout selling cookies, a vacuum cleaner salesperson or an evangelist and, therefore is not done at 4 a.m.
Block says there is no clear law stating when a “knock and talk” is proper, but other similar late-night examples have been invalidated by other courts.
“There is no reason this could not have waited a few hours,” Block said.
VanDoorne is charged with possession of marijuana, punishable by one year in jail, and maintaining a drug house, a two-year offense.
Frederick and two other officers are charged with charged with delivery and manufacturing of a controlled substance, four-year offenses.
http://www.mlive.com/news/grand-rap.../judge_says_late_night_police_q.html#comments
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Michigan governor signs law to target drugged drivers after deaths of 2 young men in crash
In a photo provided by the Michigan Governors Office, Michigan Gov. Rick Snyder talks with the Ward and Raymo families prior to signing bills in Lansing, Mich., Tuesday, Oct. 14, 2014 to protect motorists from repeat drugged drivers. Standing with the governor from left, are St. Clair County Sheriff Tim Donnellon, Sen. Phil Pavlov and state Rep. Dan Lauwers. The legislation allows police to conduct a preliminary roadside analysis for controlled and other intoxicating substances. (AP Photo/Michigan Governors Office, Mike Quillinan)
"Nothing we do will bring back these two young men, but these new laws can prevent a similar tragedy for other families," co-sponsor Republican Sen. Phil Pavlov of St. Clair Township said.
Snyder signed the legislation in a private ceremony attended by the Ward and Raymo families.
Lawmakers earlier this year removed a provision from the legislation proposing a roadside saliva test for controlled substances after concerns were raised about accuracy. Critics said it could have led to arrests of medical marijuana patients with traces in their bodies but who were not feeling the drug's effect at the time of a traffic stop.
Also Tuesday, Snyder signed a law requiring that all new drivers be instructed on how to share the roads with motorcyclists and bicyclists. It is named for Nathan Bower, a motorcyclist who died in a 2009 crash in Sanilac County after being struck by the driver of another vehicle.
The bill was sponsored by Democratic Rep. Terry Brown of Pigeon.
In a photo provided by the Michigan Governors Office, Michigan Gov. Rick Snyder talks with the Ward and Raymo families prior to signing bills in Lansing, Mich., Tuesday, Oct. 14, 2014 to protect motorists from repeat drugged drivers. Standing with the governor from left, are St. Clair County Sheriff Tim Donnellon, Sen. Phil Pavlov and state Rep. Dan Lauwers. The legislation allows police to conduct a preliminary roadside analysis for controlled and other intoxicating substances. (AP Photo/Michigan Governors Office, Mike Quillinan)
"Nothing we do will bring back these two young men, but these new laws can prevent a similar tragedy for other families," co-sponsor Republican Sen. Phil Pavlov of St. Clair Township said.
Snyder signed the legislation in a private ceremony attended by the Ward and Raymo families.
Lawmakers earlier this year removed a provision from the legislation proposing a roadside saliva test for controlled substances after concerns were raised about accuracy. Critics said it could have led to arrests of medical marijuana patients with traces in their bodies but who were not feeling the drug's effect at the time of a traffic stop.
Also Tuesday, Snyder signed a law requiring that all new drivers be instructed on how to share the roads with motorcyclists and bicyclists. It is named for Nathan Bower, a motorcyclist who died in a 2009 crash in Sanilac County after being struck by the driver of another vehicle.
The bill was sponsored by Democratic Rep. Terry Brown of Pigeon.
oscar169
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Lansing Looking At Marijuana Ordinance
LANSING, MI (WLNS) Pot shops are back on the agenda Tuesday in Lansing.
A city council committee is considering changes to the code that might allow marijuana stores to set up shop in the capital city.
Right now dispensaries are illegal and those that are operating have been told to close shop. However city officials say they want to have a marijuana ordinance in place so that dispensaries can be in line with the law.
Officials did not make any decisions on the ordinance Tuesday, but say they are working with law enforcement and considering putting together an oversight group for dispensarie
LANSING, MI (WLNS) Pot shops are back on the agenda Tuesday in Lansing.
A city council committee is considering changes to the code that might allow marijuana stores to set up shop in the capital city.
Right now dispensaries are illegal and those that are operating have been told to close shop. However city officials say they want to have a marijuana ordinance in place so that dispensaries can be in line with the law.
Officials did not make any decisions on the ordinance Tuesday, but say they are working with law enforcement and considering putting together an oversight group for dispensarie
oscar169
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Doctor certified patients for medical marijuana use without evaluations, records show
GRAND RAPIDS, MI – A Grand Rapids doctor has admitted he certified medical-marijuana patients and caregivers without providing medical evaluations.
In some cases, Dr. Gregory Kuldanek met with groups of prospective patients and caregivers in restaurants and signed certifications around a common table. He even signed certifications without the patients present.
The allegations are contained in a plea agreement Kuldanek signed that calls for him to plead guilty to conspiracy to manufacture fewer than 50 marijuana plants. He is among 10 arrested for allegedly growing marijuana in homes and apartments in Kent County.
Related: Medical marijuana-related charges filed against Grand Rapids doctor, others in alleged drug ring
Many of the defendants contended they acted within guidelines of the state’s medical marijuana law.
Kuldanek, who agreed to surrender property at 13350 Seven Mile Road NE in Belding, faces up to five years in prison, $250,000 in fines, and two years to life on supervised release.
Kuldanek, of East Paris Internal Medicine, acknowledged in the court document that he did not properly certify medical marijuana patients.
Among the requirements to properly issue a card are that the physician has a bona fide relationship with the patient and that there is complete and full assessment of the patient’s history. The doctor also has to determine that the patient has a debilitating medical condition and is likely to receive therapeutic benefit from marijuana.
In 2012, Kuldanek believed that Betty Jenkins, who is also facing charges, was a compassionate woman who helped those with serious medical conditions. He conducted cursory evaluations of patients he met through Jenkins.
“In many cases, he did not have a bona fide physician/patient relationship, did not conduct a full assessment of their medical records and did not anticipate follow-up care, but he did believe that they suffered from a debilitating medical condition that was obvious to him,” Assistant U.S. Attorney Mark Courtade wrote in court documents.
By 2013, he no longer conducted assessments before certifying patients, and in many cases, didn’t receive pay, Courtade said. He was aware that Jenkins was recruiting patients and caregivers so that her organization would manufacture 12 marijuana plants per patient and sell the marijuana, he said.
He knew that Jenkins could only legally have five registered patients, and “would have no reason for bringing him the dozens and dozens of ‘patient’ certifications she had asked him to sign over time,” Courtade said.
In October 2013, Jenkins and another defendant, Phillip Walsh, allegedly recruited Kuldanek’s life partner to become a caregiver, the plea agreement said.
Despite knowing that Jenkins was under investigation by state and federal law enforcement, and having declined to participate in growing marijuana, Kuldanek and his partner agreed to rent the Belding property to Jenkins to allow manufacture of marijuana, the plea agreement states.
He continued to sign patient certifications, knowing that Jenkins intended to use the certifications to justify the illegal growing and sale of marijuana, Courtade said.
“Dr. Kuldanek acknowledges that his willingness to certify (medical marijuana) ‘patients’ was integral to the scheme and artifice used by Jenkins, Walsh and the other conspirators to manufacture marijuana and distribute it in violation of Michigan and federal law,” Courtade wrote.
Under the plea agreement, the government will not bring charges against Kuldanek’s partner.
The government obtained names of 66 patients and caregivers linked to the alleged drug organization by issuing a grand-jury subpoena to the Michigan Department of Licensing and Regulatory Affairs. Kuldanek had provided medical certifications to most of them, investigators said.
Police used search warrants at a home on Forest Hill Avenue SE and two four-unit apartment buildings in Gaines Township. Police say marijuana was also grown in Kuldanek’s Belding property and on Alden Nash Road in Lowell Township, records showed.
Police said 467 plants and 18 pounds of processed marijuana were seized.
Jenkins attorney, J. Nicholas Bostic, contends that police sought federal charges because his client acted within state law. He has said his client was in “full compliance” with the state’s medical marijuana law.
http://www.mlive.com/news/grand-rapids/index.ssf/2014/10/grand_rapids_doctor_certified.html
GRAND RAPIDS, MI – A Grand Rapids doctor has admitted he certified medical-marijuana patients and caregivers without providing medical evaluations.
In some cases, Dr. Gregory Kuldanek met with groups of prospective patients and caregivers in restaurants and signed certifications around a common table. He even signed certifications without the patients present.
The allegations are contained in a plea agreement Kuldanek signed that calls for him to plead guilty to conspiracy to manufacture fewer than 50 marijuana plants. He is among 10 arrested for allegedly growing marijuana in homes and apartments in Kent County.
Related: Medical marijuana-related charges filed against Grand Rapids doctor, others in alleged drug ring
Many of the defendants contended they acted within guidelines of the state’s medical marijuana law.
Kuldanek, who agreed to surrender property at 13350 Seven Mile Road NE in Belding, faces up to five years in prison, $250,000 in fines, and two years to life on supervised release.
Kuldanek, of East Paris Internal Medicine, acknowledged in the court document that he did not properly certify medical marijuana patients.
Among the requirements to properly issue a card are that the physician has a bona fide relationship with the patient and that there is complete and full assessment of the patient’s history. The doctor also has to determine that the patient has a debilitating medical condition and is likely to receive therapeutic benefit from marijuana.
In 2012, Kuldanek believed that Betty Jenkins, who is also facing charges, was a compassionate woman who helped those with serious medical conditions. He conducted cursory evaluations of patients he met through Jenkins.
“In many cases, he did not have a bona fide physician/patient relationship, did not conduct a full assessment of their medical records and did not anticipate follow-up care, but he did believe that they suffered from a debilitating medical condition that was obvious to him,” Assistant U.S. Attorney Mark Courtade wrote in court documents.
By 2013, he no longer conducted assessments before certifying patients, and in many cases, didn’t receive pay, Courtade said. He was aware that Jenkins was recruiting patients and caregivers so that her organization would manufacture 12 marijuana plants per patient and sell the marijuana, he said.
He knew that Jenkins could only legally have five registered patients, and “would have no reason for bringing him the dozens and dozens of ‘patient’ certifications she had asked him to sign over time,” Courtade said.
In October 2013, Jenkins and another defendant, Phillip Walsh, allegedly recruited Kuldanek’s life partner to become a caregiver, the plea agreement said.
Despite knowing that Jenkins was under investigation by state and federal law enforcement, and having declined to participate in growing marijuana, Kuldanek and his partner agreed to rent the Belding property to Jenkins to allow manufacture of marijuana, the plea agreement states.
He continued to sign patient certifications, knowing that Jenkins intended to use the certifications to justify the illegal growing and sale of marijuana, Courtade said.
“Dr. Kuldanek acknowledges that his willingness to certify (medical marijuana) ‘patients’ was integral to the scheme and artifice used by Jenkins, Walsh and the other conspirators to manufacture marijuana and distribute it in violation of Michigan and federal law,” Courtade wrote.
Under the plea agreement, the government will not bring charges against Kuldanek’s partner.
The government obtained names of 66 patients and caregivers linked to the alleged drug organization by issuing a grand-jury subpoena to the Michigan Department of Licensing and Regulatory Affairs. Kuldanek had provided medical certifications to most of them, investigators said.
Police used search warrants at a home on Forest Hill Avenue SE and two four-unit apartment buildings in Gaines Township. Police say marijuana was also grown in Kuldanek’s Belding property and on Alden Nash Road in Lowell Township, records showed.
Police said 467 plants and 18 pounds of processed marijuana were seized.
Jenkins attorney, J. Nicholas Bostic, contends that police sought federal charges because his client acted within state law. He has said his client was in “full compliance” with the state’s medical marijuana law.
http://www.mlive.com/news/grand-rapids/index.ssf/2014/10/grand_rapids_doctor_certified.html
oscar169
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Another correction officer takes deal in pot case
GRAND RAPIDS, Mich. (WOOD) – A Kent County corrections officers accused of illegal use of medical marijuana has entered into a plea agreement.
Tim Bernhardt pleaded guilty Monday to a maintaining a drug house.
Bernhardt has agreed to resign his position with the Kent County Sheriff’s Department and testify against the others involved in this case.
The plea is similar to the one involving Brian Tennant who also agreed to resign as part of his agreement.
Bernhardt, Tennant, Officer Mike Frederick and Officer Todd VanDoorne were all arrested on various drug charges connected to the possession of marijuana butter, which is made by extracting THC – the chemical that causes marijuana’s psychological effects – from the plant.
Bernhardt will be sentenced on Dec. 12.
GRAND RAPIDS, Mich. (WOOD) – A Kent County corrections officers accused of illegal use of medical marijuana has entered into a plea agreement.
Tim Bernhardt pleaded guilty Monday to a maintaining a drug house.
Bernhardt has agreed to resign his position with the Kent County Sheriff’s Department and testify against the others involved in this case.
The plea is similar to the one involving Brian Tennant who also agreed to resign as part of his agreement.
Bernhardt, Tennant, Officer Mike Frederick and Officer Todd VanDoorne were all arrested on various drug charges connected to the possession of marijuana butter, which is made by extracting THC – the chemical that causes marijuana’s psychological effects – from the plant.
Bernhardt will be sentenced on Dec. 12.
oscar169
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Man lights up bong after US 23 high-speed chase
DUNDEE, Mich. -- Authorities in Michigan stumbled upon a speed racer who isn't ashamed of lighting up.
Michigan State Police say they picked up a high-speed pursuit along US 23 early Sunday morning after a suspect vehicle got away from officers in Lucas County.
Officers began their pursuit of a 2002 Brown Buick around 3 a.m. and continued at a high-rate of speed up US 23 northbound, reaching speeds of 115 mph.
Around the 25 mile marker of the highway, Michigan State Police say the suspect lost control of his vehicle and rolled over several times before coming to rest in a ditch off the east side of the highway.
When the driver was approached by three officers, he showed no signs of being injured. He looked up, lit up a marijuana bong and began smoking while the officers attempted to break out a window.
The unidentified suspect was taken into custody and is being held in the Monroe County Jail on charges of fleeing and eluding, possession of marijuana, and operating under the influence of drugs.
Authorities in Lucas County will bring charges against the man once he has been arraigned in Monroe County.
http://www.nbc24.com/news/story.aspx?id=1112126#.VEZJTPldV8E
DUNDEE, Mich. -- Authorities in Michigan stumbled upon a speed racer who isn't ashamed of lighting up.
Michigan State Police say they picked up a high-speed pursuit along US 23 early Sunday morning after a suspect vehicle got away from officers in Lucas County.
Officers began their pursuit of a 2002 Brown Buick around 3 a.m. and continued at a high-rate of speed up US 23 northbound, reaching speeds of 115 mph.
Around the 25 mile marker of the highway, Michigan State Police say the suspect lost control of his vehicle and rolled over several times before coming to rest in a ditch off the east side of the highway.
When the driver was approached by three officers, he showed no signs of being injured. He looked up, lit up a marijuana bong and began smoking while the officers attempted to break out a window.
The unidentified suspect was taken into custody and is being held in the Monroe County Jail on charges of fleeing and eluding, possession of marijuana, and operating under the influence of drugs.
Authorities in Lucas County will bring charges against the man once he has been arraigned in Monroe County.
http://www.nbc24.com/news/story.aspx?id=1112126#.VEZJTPldV8E
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