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Koon Decision Killed Mmj For Now. Demand And Prices In Freefall


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#41 bobandtorey

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Posted 26 April 2012 - 09:28 AM

i wounder why people feel that because of the C.O.A maid a ruling that it is Law of the land because when are ruling came down we thought the same thing until we went back to court and the judge said we could not use the Law in court even after the C.O.A said we could i guess ares didn't count because it was in favor of us

Edited by bobandtorey, 26 April 2012 - 09:28 AM.


#42 CaveatLector

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Posted 26 April 2012 - 09:34 AM

Yup. I have 10 hoodies. Rotate your hoodies often. lol Put up the hood and your hair doesn't reek.

Good tip! Covers your neck too. The more coverage the better.

#43 CaveatLector

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Posted 26 April 2012 - 10:03 AM

i wounder why people feel that because of the C.O.A maid a ruling that it is Law of the land because when are ruling came down we thought the same thing until we went back to court and the judge said we could not use the Law in court even after the C.O.A said we could i guess ares didn't count because it was in favor of us

I don't know exactly what you are referring to so I cannot speak to it directly but, in general, a COA ruling is law. A lot of people don't realize that an unpublished COA decision does not create precedent and is only good for the precise facts in the case that was argued. Therefore, an unpublished COA opinion can maybe be persuasive to courts but it isn't necessarily binding.

Secondly, a lot of people don't realize that what is discussed in the body of a court opinion is not law. The only law that comes out of an opinion is the actual ruling itself which is usually at the end of the opinion. The "dictum" within the body of the opinion may be persuasive to courts but is not binding. It also may give clues as to how the court may rule on other issues but the bottom line is that it is not law.

Lastly, for a court to hear a case there must be an actual "case and controversy." That means a court cannot issue an "advisory" opinion. For example, in the McQueen case, the court indicated that it would rule on p2p transfers for remuneration but that it would NOT rule on p2p without remuneration. Some saw this as the court "legalizing" p2p without remuneration and others saw it as the court being sneaky by just avoiding the issue altogether. The fact is that under the constitution the court could not answer the p2p w/o question because the case did not involve that issue. If it would have ruled on p2p w/o then it would have been issuing an advisory opinion. Therefore the court explicitly avoided the issue. This does NOT make p2p w/o legal. Nor does it necessarily make it illegal. It just means the court won't address the issue until a case involving the issue is presented.

Edited by CaveatLector, 26 April 2012 - 10:06 AM.


#44 Murph

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Posted 28 April 2012 - 01:07 AM

I think what bobandtorey refer is his case. And this is one of the many criminal cases were the Medical Marijuana Community let you (and really all of US) down miserably. WE as a community should have been rallying around you in every sense of the word -- I do not mean this in some metaphysical, figurative sense --- I mean MONEY !!




I am really sorry We failed you. You do have a right to be upset, but I can tell you if it (your case) was properly handled from the start, it MIGHT have turned out differently.

We still should start doing what We needed to do 2-3 years ago start collecting a small amount from every new registry card holder -- say $10 a year (for those not getting the discount) to put into a legal defense fund and administered by an elected or semi-elected team (and I do NOT mean general election, I mean a private one of people contributing or some other mechanism that is not too massive and uncontrolable but the details can be worked out later).

The purpose of the fund would be to change everything from criminal cases to supporting elections -- a PAC essentially but one able to help single people as these are the cases that end up appealed and as I think bonandtorey will attest, years of litigation destroys one person and needs funding from outside sources or it gets dismissed as financially it is unsustainable. This could "even things up" for defendants fighting criminal cases against the enourmous resources of the State. To provide a good defense your need Attorneys, Paralegals, Court Reporters, researchers, investigators, appellate team, jury consultants, ect., . and the reasons are simple, We need to start looking at this as a long term issue like NORML has for 30 years.

We need to (and I do not recall the exact facts of your case bobandtorey, off the top of my head) at least Organize EFFECTIVELY, that is the first step and can be done cheaply online with a LAMP system or on Amazon AWS -- if We do things right from the start, and then incrementally build up the resources needed to do the above things, then start helping in cases and appeals, and finally elections, slowly things will change. No magic bullet exists to all of a sudden fix this, it is an ongoing thing and We are terribly outgunned right now as We do not even have a Statewide Organization with numbers, and We have single individuals, and small groups, saying they represent "us" much like the Legislators say they represent "us" when they do nothing of the sort -- they represent their special interests. No one is looking at and defending the big picture with the needed resources.

At a minimum such an Organiaztion has to be inclusionary not exclusionary -- sure some people spout off but cutting them off, banning them, locking things solves nothing -- we need to listen and move on and not let such people waste our valuable time. And the Organization has to be large enough, and ongoing, to include the vast majority of MM Patients/caregivers and have at its center, defense of the LAW that was garnered in mainly by MPP --the sooner we do this and go on the offensive, the sooner things will start to change.

"They" will soon start to realize they have grabbed a tiger by the tail. At a minimum will have to let them know they will have a fight on their hands because as of right now, they have won every battle and not even broke a sweat -- We have lost every battle.

They sit back and watch us destroy ourselves.

They sit back and watch us in-fight amongst ourselves about petty nonsense.

They sit back and know We have no organization

They sit back and know no one is defending the majority of Patients and Caregivers rights.

We cannot even mold Legislation because not one Legislator in the House or Senate has proposed a Bill WE want pushed to correct the things WE want corrected -- most of the Bills have come from ex-Sheriff Sen. Jones -- and you only need to say X-LEO to know how He leans !!

Most of all they know we have no money. We fund no defense even in cases that We know are going to do damage -- we do not want to hand the Court of Appeals cases like Koon where He was drunk, speeding, and snitched on himself -- and I realize We cannot force people not to do things but with an organization and funding We can do alot -- not everything -- but hopefully enough.

LEGAL ACTION BY MM ACTIVISTS IN MICHIGAN -- NONE. (The only person who has is Atty. Grow and that was local lowest law enforcement priority stuff, which is un-enforceable).

It is so sad We have not even sued the Medical Marijuana Program that has for 3 years of sent out 1 year Registry Cards some 6, 7, 8 months after the applications are received WHEN THE LAW SAYS, INDEED says Registry Cards "shall be" (which means hard line must do it in legal language) sent out in 20 DAYS or less -- it is a slam dunk of a "case" to win as a matter of law - heck they even admit it on the web page how bad they have been preforming -- and a paper system when it should all be online is atrocious. Many of the people arrested has been because of not having "cards" even though the law says paperwork is in it's place after 20 days (but how many people have you seen with Notarized paperwork as the Act requires)? None.

The old adage "United We stand, Divided We fall" certainly applies to US HERE IN Michigan -- our opponents are destroying US

COA Judges issuing diatribes should have been the first indication they threw out all semblance of Judicial restraint and were going to be purely political in issuing decisions (mainly because they have prosecuted Marrijuana so long they cannot grasp it being legal).

These Judges are not even a minimally intellectually honest and they ignore or omit from consideration the plain text of the Act when it suits them -- and We cannot even garner ONE response -- We have ONE Application for Leave to Appeal to the Mi Sup Crt. ONE in three years when We should have a good half-dozen !

And our "Leaders" somehow think some "letter" with "unified" names on it will deter them Legislators from (trying) to pass the Bills into Law -- the super majority built into the Act is the only thing slowing them down as they simply do not have the votes (if it is along party lines). The "immediate-effect-o-gate may have had something to do with it as they were just ramming Laws into immediate effect essentially corruptly as they did not have the 2/3rds vote to do so --- they certainly do not have a 75% super-majority to amend the medical marijuana in both Chambers -- in the House the spread is simply to large for them to overcome (I hope, as We know behind the scene "buy offs" happen all the time).

Our opponents only understand two things --- 1) Money and 2) Votes. We have neither


M

Edited by Murph, 28 April 2012 - 10:58 AM.


#45 pic book

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Posted 28 April 2012 - 05:31 AM

Here is my understanding of it.

Remember, if you have to drive when active THC is likely still in your blood, don't "ride dirty", drive straight and legal, and don't present your MMJ card to police unless it's absolutely necessary.

Don't show your card to police unless it's absolutely necesary and your attorney has advised you it's 'absolutely necessary.' Showing it when driving, could lead to a blood test you don't want and that the cop would not otherwise have performed.

Edited by pic book, 28 April 2012 - 05:32 AM.


#46 pic book

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Posted 28 April 2012 - 05:44 AM

I think what bobandtorey refer is his case. And this is one of the many criminal cases were the Medical Marijuana Community let you (and really all of US) down miserably. WE as a community should have been rallying around you in every sense of the word -- I do not mean this in some metaphysical, figurative sense --- I mean MONEY !!




I am really sorry We failed you..."They" (the antm-mmj forces) will continue to plowed over US like nothing -- and screw Us and the 63% of State Voter's who approved MMMAct.
It is the loss of democracy.
M

No! It is not the loss of democracy but the cost of our passivity. Those who vote and who fund candidates and who fund appeals eventually get their way The most acute example in the last 25 years is gay rights.
We don't have the same emotional attachment to our issue as gays had, or we'd follow their game plan which worked. We need patient rights same as they got gay rights.

Edited by pic book, 28 April 2012 - 05:50 AM.


#47 Croppled1

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Posted 28 April 2012 - 07:24 AM

Koon's appeal didn't change the law. The law was already in existence. I would guess the reason he appealed was to try and get it changed by having it interpreted as not applying to mm patients. As I stated before, even Judge Krause joined in the opinion of the court so it doesn't seem as though waiting for a more liberal court would have helped.

At this point people need to be encouraging their legislators to adopt standards for impairment. This is a big deal and should probably take a lot of our attention after the current bundle of bills is disposed of.


That is the worst thing we could do ! There are no standards that are fair and the 5 ng laws some adopt are even worse on patients who often registrar up to 3 digits if keeping a therapuetic dose in their system like persons on other medical substances . You would be better off having patients use cannabis then take drivers tests on closed courses but that isn't going to happen either .

The bottom line is there have been no major problems with people self evaluating then driving like on any other medication these first three years nor in California or other States . Cannabis is non toxic and people can self evaluate , adjust use and driving according to their needs as with any other medications . Society should have some compassion and stop this eye for a eye and repressive behaviors . The damage to patients by confining them to homes is severe people need to get out not only to survive but for mental health .

The solution isn't testing it is eliminating the law or enforcement when a qualified patient which is a special case is involved period . Many States have omitted cannabis from their zero tolerance policy since over 1 /20 residents use it regardless of the laws and it shifts culpabillity often unfairly .

We have some serious issues in Michigan . I was part of a meeting with Tim Walberg ( he has no idea who I am other then letters ) the other day and he has a very conservative religious following from which many do not see requiring everyone to follow their religious veiws as being exclusionairy . . That is a major problem in our Republic when one group with restrictive veiws desire to make law that creates conflict to where others under freedom cannot practice theirs . In 99/100 instances everyone can be appeased within reason .

The precident has been set in our society that we let people on medications drive unless they have difficulties which place themselves or others at risk which require review by their physicians and the points system already in place . We give people the benefit of a doubt with every other substance . . Now we have this ruling and we do not need standards of impairment but the law needs to be ammended to allow for qualified patients to be excluded from it .. I am confused becuase many of us believed the Act already protected patients for internal possession and the statement that other acts do not invalidate the medical cannabis act . Hopefully someone will take this to the Supreme Court on that ground or explain why it doesn't apply ?

However the correct response is not definitions of impairment for patients but clear exclusion from zero tolerance policy for qualified patients by ammending that law . IMHO .

Cannaibis is not toxic like alchohal most current pre employment screens are set at 50 ng and there is a known error rate of false negatives and positives over 15% .

Sorry since the update no spell checker or abillity to start new topics ..

Edited by Croppled1, 28 April 2012 - 08:12 AM.


#48 GanjaWarrior

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Posted 28 April 2012 - 08:05 AM

Nope not at all....not even close ....all events farmers markets. nope no fear aside from this kinda stuff on the net. i have seen a couple people voice a very small amount of concern., hey its understandable. me personally i know how to read....i just did a bit of reading. i feel better now.

When u get a chance look up the 2nd requirement for being a schedule one. now tell me if your drtiving with a schedule one in your system.....I know im not. Road trip time. have fun guys im off to go fishing.

#49 bobandtorey

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Posted 28 April 2012 - 10:05 AM

I think what bobandtorey refer is his case. And this is one of the many criminal cases were the Medical Marijuana Community let you (and really all of US) down miserably. WE as a community should have been rallying around you in every sense of the word -- I do not mean this in some metaphysical, figurative sense --- I mean MONEY !!




I am really sorry We failed you. You do have a right to be upset, but I can tell you if it (your case) was properly handled from the start, it MIGHT have turned out differently.

We still should start doing what We needed to do 2-3 years ago start collecting a small amount from every new registry card holder -- say $10 a year (for those not getting the discount) to put into a legal defense fund and administered by an elected or semi-elected team.

And the purpose of the fund would be to change everything -- to "even things up" for defendants fighting the enourmous State. To provide a good defense to your case (Attorneys, Paralegals, Court Reporters, researchers, investigators, appellate team, jury consultants, ect.).... and the reasons are simple,

We need to (and I do not recall the exact facts of your case bobandtorey, off the top of my head) at least let them know We can Organize EFFECTIVELY -- that We do things right from the start -- and have the resources needed from the start to take cases on appeal.

At a minimum it has to be large enough, and ongoing, as this is an ongoing thing --the sooner we do this and go on the offensive, the sooner things will start to change. "They" will soon start to realize they have grabbed a tiger by the tail and at a minimum will have a fair fight on their hands (and at least they will know they have been in a fight) ! At this point they have won and not even broke a sweat --

They sit back and watch us destroy ourselves.

They sit back and watch us in-fight.

They know we have no organization defending US, the patients and caregivers.

Most of all they know we have no money funded for cases OR candidates.
It is so sad We have not even sued the Program that has for 3 years of sent out 1 year Registry Cards some 6, 7, 8 months after they are sent in WHEN THE LAW SAYS, INDEED ORDERS that they shall be sent out in 20 DAYS or less -- it is a slam dunk of a "case" to win as a matter of law (as the facts they have not timely sent the cards out is beyonf dispute -- heck they admit it!!

But not one of these "people" on our side has even filed ONE lawsuit. Why is that? I thought they collected money for some "organization" to do this, telling some people that they were "protected" (see other posts on this board). (The whole thing is a typical example of the same corruption we need to fight in the Legislature).

They do not even seem to get it that the Government must comply with Law (or it can be ordered to do so by Mandamus). If they fail, you keep appealing.

The old adage "United We stand, Divided We fall" certainly applies to US HERE IN Michigan -- our opponents are destroying US

COA Judges are issuing diatribes and then one after another political decisions -- they are not even intellectually honest as they omit the plain text of the Act when it suits them -- and what, We cannot even garner but ONE application for leave to appeal to the Mi Sup Crt. ONE in three years ! It is sad, really sad.

And our "Leaders" somehow think some "letter" with "unified" names on it will deter them from (trying) to pass the Bills into Law -- WRONG.

Our opponents only understand two things --- 1) Money and 2) Votes. We have neither

And no organization with the needed credibility to collect money, and HONESTY to distribute it properly to needed cases/candidates.
Everyone (well most as there are some good people out there) -- the others are too busy money grubbing for themselves.

Until the above changes and We organize into a Organization, not enough resources will be present on our side to defeat anything --

"They" will continue to plowed over US like nothing -- and screw Us and the 63% of State Voter's who approved MMMAct. It is the loss of democracy.



M

thank you for your support and i do agree their is nothing about are case that we don't have prove of under plants under 2.5oz locked up we both had are recommendations and the 21 day's had passed it is really that simple and we are both well sick enough Torey has Cancer i need 2 new hip's and was taking lots of pain pills leo even left all the ox's at first when they broke down are front door they said we were selling pill's
but didn't take them just the marijuana and even left us a few joints for the next day

you can read it for your self with are case we have nothing to hide it's been the same story from day one we were legal
even the C.O.A has said we could take the fact's to a jury

and we were OK with that but when we got to court the PA said we didn't have it locked up and used the King case against us even the leo's testified in court that we had a lock on are bedroom door

but it was not locked at the time because i was in the room they used a battering ram on are front door
and wait for it
no warrant until 2-3 hours later and wait for it you could not even make out who had signed it it had no name under the signature and the leo testified that he could not remember who it was that signed it yup

Edited by bobandtorey, 28 April 2012 - 10:07 AM.


#50 cristinew

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Posted 28 April 2012 - 10:25 AM

now tell me if your drtiving with a schedule one in your system.

that would be OK with you.. but the Judge is my concern

#51 Beans

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Posted 28 April 2012 - 10:27 AM

thank you for your support and i do agree their is nothing about are case that we don't have prove of under plants under 2.5oz locked up we both had are recommendations and the 21 day's had passed it is really that simple and we are both well sick enough Torey has Cancer i need 2 new hip's and was taking lots of pain pills leo even left all the ox's at first when they broke down are front door they said we were selling pill's
but didn't take them just the marijuana and even left us a few joints for the next day

you can read it for your self with are case we have nothing to hide it's been the same story from day one we were legal
even the C.O.A has said we could take the fact's to a jury

and we were OK with that but when we got to court the PA said we didn't have it locked up and used the King case against us even the leo's testified in court that we had a lock on are bedroom door

but it was not locked at the time because i was in the room they used a battering ram on are front door
and wait for it
no warrant until 2-3 hours later and wait for it you could not even make out who had signed it it had no name under the signature and the leo testified that he could not remember who it was that signed it yup


Thanks Bob always wondered what prompted a warrant or lack of

:watching: :judge:

#52 Murph

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Posted 28 April 2012 - 11:16 AM

Bob, I have your case in my database. We know that you have nothing to hide and are one of the best (and first) in the community. Perhaps you should be the one to start the grass roots Organization that is needed -- Sad is all I can say about what they did to you and yours, and I am truly sorry that you have went through what you did when the Act should have protected you from the start as it as it WAS designed to do -- but when you have Judges in the COA ignoring the plain text of the Law and saying "it is confusing" (when we have some Statutes that are 100s and 1000s of pages long), or poorly written -- BULL -- this is from people who simply do not WANT IT and create these excuses to fool people -- it has several sections and protections for registered and unregistered people -- the say all this because they do not agree with it not because it is confusing -- this is code, just like "privatization" is code for cut your pay in half for the same work you were doing last week.

The entire point of my post above is that until We get an Organization that is funded and can wield votes, we have nothing. Letters do not get it. Protests do not get it.

Others above are right, it is because of our own passive inaction it has come to this.

In any case, keep your spirits up Brother, their ARE good people in this community, unfortunately they do NOT have the loudest voices yet.

Most of the great ones (like you and Torey) toil away behind the scenes taking care of themselves or others and do not have time to deal with infighting -- which is why We need the other good people to step up and "just do it" to hell with all the nay-sayers and complainers.

WE have to keep pushing for SOMETHING, some organization will come about as It is looking more and more like a few regular people are just going to have to join together and do it ourselves as none of the people who have established groups are doing much of anything (other than making noise). We have till Oct. to get the votes organized and candidates vetted -- if We cannot get through the propaganda of the other side and let people know the truth that they simply do not want to implement that law (mainly because of LEO and Prosecutors, which you can guess which way they fall on the issue [keep it illegal}).


M

#53 restlesslegs

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Posted 28 April 2012 - 01:03 PM

start the grass roots Organization that is needed
M


Murph sounds like you have the passion and the know how to organize this. :)

#54 bobandtorey

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Posted 28 April 2012 - 06:12 PM

Bob, I have your case in my database. We know that you have nothing to hide and are one of the best (and first) in the community. Perhaps you should be the one to start the grass roots Organization that is needed -- Sad is all I can say about what they did to you and yours, and I am truly sorry that you have went through what you did when the Act should have protected you from the start as it as it WAS designed to do -- but when you have Judges in the COA ignoring the plain text of the Law and saying "it is confusing" (when we have some Statutes that are 100s and 1000s of pages long), or poorly written -- BULL -- this is from people who simply do not WANT IT and create these excuses to fool people -- it has several sections and protections for registered and unregistered people -- the say all this because they do not agree with it not because it is confusing -- this is code, just like "privatization" is code for cut your pay in half for the same work you were doing last week.

The entire point of my post above is that until We get an Organization that is funded and can wield votes, we have nothing. Letters do not get it. Protests do not get it.

Others above are right, it is because of our own passive inaction it has come to this.

In any case, keep your spirits up Brother, their ARE good people in this community, unfortunately they do NOT have the loudest voices yet.

Most of the great ones (like you and Torey) toil away behind the scenes taking care of themselves or others and do not have time to deal with infighting -- which is why We need the other good people to step up and "just do it" to hell with all the nay-sayers and complainers.

WE have to keep pushing for SOMETHING, some organization will come about as It is looking more and more like a few regular people are just going to have to join together and do it ourselves as none of the people who have established groups are doing much of anything (other than making noise). We have till Oct. to get the votes organized and candidates vetted -- if We cannot get through the propaganda of the other side and let people know the truth that they simply do not want to implement that law (mainly because of LEO and Prosecutors, which you can guess which way they fall on the issue [keep it illegal}).


M


thanks
but when you have Judges in the COA ignoring the plain text of the Law and saying it is confusing.
Thats what we thought also but the last time we were in court the judge even said that the Law is very clear and any body should be able to understand it i could not believe it she used the word (acumen) and she said that because of my pass arrest 8 years ago that the similarity between the offenses it is highly probative of the fact that the defendant (me) is involved in a continuing Enterprise of distributing illegal narcotics
Yup word for Word

Edited by bobandtorey, 28 April 2012 - 06:14 PM.


#55 bobandtorey

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Posted 28 April 2012 - 06:15 PM

Thanks for your support

#56 Cannalytics

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Posted 28 April 2012 - 08:55 PM

See figures 5 & 6 for the relative levels of THC, 11-OH-THC, and THC-COOH when cannabis is ingested either orally or by smoking. There's quite a bit of difference.


http://www.google.co...D-JmSP8fiyl1F8w

#57 Croppled1

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Posted 28 April 2012 - 10:13 PM

I don't know exactly what you are referring to so I cannot speak to it directly but, in general, a COA ruling is law. A lot of people don't realize that an unpublished COA decision does not create precedent and is only good for the precise facts in the case that was argued. Therefore, an unpublished COA opinion can maybe be persuasive to courts but it isn't necessarily binding.

Secondly, a lot of people don't realize that what is discussed in the body of a court opinion is not law. The only law that comes out of an opinion is the actual ruling itself which is usually at the end of the opinion. The "dictum" within the body of the opinion may be persuasive to courts but is not binding. It also may give clues as to how the court may rule on other issues but the bottom line is that it is not law.

Lastly, for a court to hear a case there must be an actual "case and controversy." That means a court cannot issue an "advisory" opinion. For example, in the McQueen case, the court indicated that it would rule on p2p transfers for remuneration but that it would NOT rule on p2p without remuneration. Some saw this as the court "legalizing" p2p without remuneration and others saw it as the court being sneaky by just avoiding the issue altogether. The fact is that under the constitution the court could not answer the p2p w/o question because the case did not involve that issue. If it would have ruled on p2p w/o then it would have been issuing an advisory opinion. Therefore the court explicitly avoided the issue. This does NOT make p2p w/o legal. Nor does it necessarily make it illegal. It just means the court won't address the issue until a case involving the issue is presented.


I really appreciate your time but as a patient I can't understand what this means can qualified cardholders drive or not ? The act states it protects one for internal possession under medical use and I thought all other laws that conflict no longer apply . Why is this not like every other medication none of which are non toxic like cannabis ? After 3 years of few if any problems with some patients improving as long as they stay active why this now and what makes it go away . Cannabis surely isn't schedule one no accepted medical value for the 63% of the voters or patients only Schuette ,his judicial buddies and other opponants to the act . At least that is how it feels . There has been no education to accept patients for law enforcement or help and support for reasonable enforcement of rules erring in favor of patient saftey and normalized activity pursuits .

Edited by Croppled1, 28 April 2012 - 10:19 PM.


#58 AKenewell

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Posted 28 April 2012 - 11:01 PM

I really appreciate your time but as a patient I can't understand what this means can qualified cardholders drive or not ? The act states it protects one for internal possession under medical use and I thought all other laws that conflict no longer apply . Why is this not like every other medication none of which are non toxic like cannabis ? After 3 years of few if any problems with some patients improving as long as they stay active why this now and what makes it go away . Cannabis surely isn't schedule one no accepted medical value for the 63% of the voters or patients only Schuette ,his judicial buddies and other opponants to the act . At least that is how it feels . There has been no education to accept patients for law enforcement or help and support for reasonable enforcement of rules erring in favor of patient saftey and normalized activity pursuits .


There's justice and there's law. And they aren't always the same thing. Judges rule on law. And if you read what they've published, it sounds like they know that it's not about justice. They basically come out and say their hands are tied by the law and that here's what can be done about it. Reschedule it... under the Michigan Public Health Code or define impairment. That's where we're at.

#59 GregS

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Posted 28 April 2012 - 11:07 PM

Look Muph. These arguments have predominated these last few years. Welcome to the conversation. Please feel free to use this and any other resource to examine the discussion since the law was just an itch in its daddy's pants. We welcome any discourse that adds to the mix.

Edited by GregS, 28 April 2012 - 11:11 PM.


#60 peanutbutter

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Posted 29 April 2012 - 04:02 AM

THC, legally, comes in two forms.

Schedule 1 and schedule 3.

Until a short while ago, the difference between the two included the fact that the schedule three kind was required to be made synthetaclly.

At that point, you could tell the diffence between the two in a lab. Not the THC but traces of other compounds. Other things that exsist in the marijuana plant.

So you could test for those other things .. that way you could tell it came from a plant.

Not that the police labs ever test for those "other" things. The police, labs and courts simply assume that if it is THC then it is the plant kind.

That means zero tolerance applies .. schedule one, you know ..

But if it was made from a test tube then zero tolerance didn't apply. Not that the police lab was ever concerned about the possible error. Everyone just assumes the worst.

Then the FDA changed the rules. The patent for THC ran out. So now it is available in generic form.

Here is where it gets good .. :)

When the FDA did that they also changed the required formulation. The generic THC can now be from plant material.

So .. to make plant based THC you grow your plant and then extract the resins. FDA rules ..

That is how you make schedule three THC. According to the FDA.




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