Marijuana Butter, Blue Uniforms, Unworkable Court Rulings- This Case Has Got ‘Em All

[bobandtorey]

KENT COUNTY- Three twenty-year veteran corrections officers are at the center of a criminal case involving no sex, no violence and no drugs- only marijuana butter. The technicalities of Michigan’s medical marijuana laws will be tested in a case that should bring into focus how those laws have been shaped by unusually restrictive court decisions.

 

A husband and wife caregiver team, the Scherzers, supply their patients with cannabutter- butter that’s been infused with marijuana and strained before cooling. Between the two caregivers they have three patients that are corrections officers with the Kent County Sheriff Department, and another patient that is the wife of a deputy. All patients are state-certified for medical marijuana use.

 

 

The Scherzers typically give the cannabutter to one officer, who then distributes it to the others. The officers involved all have more than twenty years of experience on the job. An unrelated investigation involving the Scherzers brought to light the medical marijuana status of the officers; immediately the Sheriff Department launched an internal investigation.

 

 

After an exhaustive investigation, including interviews of a dozen employees and the drug testing four of them, the Sheriff Department concluded that there were no other people in the department involved with the distribution ring.

 

 

When looked at as a whole, this seems a very positive arrangement. It is a closed loop: none of the butter was transferred to a person not directly related to a patient, and the blood tests from other suspects confirms it. The officers used cannabutter instead of smoking, presumably to avoid intoxication while reaping cannabis’ medicinal benefits.

 

All patients using the cannabis were registered with the state. Marijuana plants were all grown in accordance with law at a single location and there is no evidence that anyone was ever given improper access to the garden.

 

The non-patient officer was involved solely to the extent that he assisted his sick wife in obtaining the medicine she needed by picking it up and delivering it home, otherwise known as assisting in the medical use of marijuana- a protected action under the MMA.

 

 

Sounds like much ado about nothing- except for the court rulings that have twisted the intent of the MMA.

 

Cannabutter is not allowed in Michigan- not for use, not to be transferred, not allowed, per the Carruthers case. The foodstuffs that were used as medical treatment for years in Michigan by patients are no longer covered by the MMA’s protections. The non-intoxicating substances like creams, oils, salves and pill forms of cannabis were all outlawed, too. The Court of Appeals left Michigan’s patients with little alternative to smoking or vaporizing their medical marijuana.

 

 

A non-patient can assist in the medical use of marijuana, according to the MMA, but that has been thrown out by the courts, too. Nobody can water the plants in a garden while the caregiver is away- the courts decided that one and only one person is allowed access to the plants. Even the patient for whom the plants are being grown cannot enter the garden, per court decisions. The simple act of a husband delivering medicine to his sick wife- that’s illegal, too.

 

 

Three of the four officers are charged with manufacturing/delivery of a controlled substance, three are charged with possession of marijuana,  one is charged with maintaining a drug house and another has a conspiracy charge.

 

 

By charging officers with operating a drug house and filing conspiracy charges the local prosecutor has shown no compassion for the ill and the injured. In truth, they would have been better protected if the officers had just smoked the cannabis instead of going through the extra steps of making the butter and creating the foods, which ultimately led to the charges of possession of a controlled substance.

 

In Michigan the ability of the people to place an issue directly before the voters is a part of our Constitution. When the people have spoken it is the responsibility of the courts and the legislature to enact laws that fully realize the vision of the populace. This case illustrates how far from the expressed will of the people the Michigan Medical Marihuana Act has fallen.

 

http://thecompassionchronicles.com/2014/04/01/green-butter-makes-a-bad-day-for-4-officers/

Edited April 1, 2014 by bobandtorey

[Highlander]

"Nobody can water the plants in a garden while the caregiver is away- the courts decided that one and only one person is allowed access to the plants. Even the patient for whom the plants are being grown cannot enter the garden, per court decisions. The simple act of a husband delivering medicine to his sick wife- that’s illegal, too."

 

Am I the only one who can't seem to find case law that states this?  I recall what I thought was a non-binding advisory opinion written by COA judge O'Connell, but I don't recall this matter ever being ruled on directly such that case law was established.  Or is the author confusing the advisory opinion and Bill Schuette's opinion with actual law?

[trichcycler]

I always suspected police officers possessed cbd receptors.   thanks for the article B&T

[Chauncy Gardner]

Well, bless their hearts and I wonder, once again, when will the madness end?

[bobandtorey]

"Nobody can water the plants in a garden while the caregiver is away- the courts decided that one and only one person is allowed access to the plants. Even the patient for whom the plants are being grown cannot enter the garden, per court decisions. The simple act of a husband delivering medicine to his sick wife- that’s illegal, too."

 

Am I the only one who can't seem to find case law that states this?  I recall what I thought was a non-binding advisory opinion written by COA judge O'Connell, but I don't recall this matter ever being ruled on directly such that case law was established.  Or is the author confusing the advisory opinion and Bill Schuette's opinion with actual law?

 

 

Thanks

 

All i know of is no one can help someone even water there plants if someone is to sick to take care of their plants they most likely will die 

 

its sad but true

[bobandtorey]

Likely a misunderstanding of Bylsma.

And more people will be charged for doing so and helping  until the courts get it right 

[phaquetoo]

Thanks bob for keeping us up on this one!

 

I find no pleasure in this being done to correction officers and a deputy sherif's wife!  It appears they broke the law no matter how you put it, by way of delivery.

 

Unfortunately extractions are not legal because of one person,,,well I even donated to that persons s.c if they take it, not that I realy wanted to protect some one breaking the law (yea yea its only a plant)  But to use that plant legaly we have a law, a law to use it medicinaly is better than no legal way to use mm at all!

 

I have no clue why they dont allow cannabutter or tinctures, I kinda under stand bho, in the wrong hands it is quite dangerious, and people here who know what dip its are, You obviously dont care if you are putting butane in your lungs! that ear wax or dip it crap is not cooked down to a safe use!  but all you all that love them dip its keep on doing it and ruin it for the people who realy need honey oil!  dont even tell me I dont know what ear wax is, every time I make my bho I wind up with that crap that looks like ear wax, you put a lighter to it while hitting it in a bowl you have to blow the darn flame out, or shall i say the butane out!

 

Thanks again bob, this is a case that could make or break it for carruthers and the people who realy need the medicinaly bennifets of bho, butter, tinctures and anything to make it easier for people to use and not smoke it!

 

Peace

 

I am not Carruthers!  I care about sick people, I am one of them!

[bobandtorey]

Thanks bob for keeping us up on this one!

 

I find no pleasure in this being done to correction officers and a deputy sherif's wife!  It appears they broke the law no matter how you put it, by way of delivery.

 

Unfortunately extractions are not legal because of one person,,,well I even donated to that persons s.c if they take it, not that I realy wanted to protect some one breaking the law (yea yea its only a plant)  But to use that plant legaly we have a law, a law to use it medicinaly is better than no legal way to use mm at all!

 

I have no clue why they dont allow cannabutter or tinctures, I kinda under stand bho, in the wrong hands it is quite dangerious, and people here who know what dip its are, You obviously dont care if you are putting butane in your lungs! that ear wax or dip it crap is not cooked down to a safe use!  but all you all that love them dip its keep on doing it and ruin it for the people who realy need honey oil!  dont even tell me I dont know what ear wax is, every time I make my bho I wind up with that crap that looks like ear wax, you put a lighter to it while hitting it in a bowl you have to blow the darn flame out, or shall i say the butane out!

 

Thanks again bob, this is a case that could make or break it for carruthers and the people who realy need the medicinaly bennifets of bho, butter, tinctures and anything to make it easier for people to use and not smoke it!

 

Peace

 

I am not Carruthers!  I care about sick people, I am one of them!

 

 

You'll Welcome Jim

 

how long will it take do you think for the high court to do the right thing ?

[phaquetoo]

You'll Welcome Jim

 

how long will it take do you think for the high court to do the right thing ?

Bob I think you know that answer better than most!

 

I would prefer our law not be changed by a court! unless we can get enough pt/cg's and c.gs and pt's to get a huge fund together and send in people with our best interests at heart, It may be the only way to change the law is by a judge and I dont think that is in any ones best interest!

 

Peace

[Highlander]

What is unfortunate is that all of the discussion about what a patient needs has no relevance to the courts.  They have to rule on what they interpret the law to say.  They can't look at the situation and make a ruling based on what they think is best for patients - that is the job of the legislature.  The SC can't just decide "Well, smoking MMJ is bad for asthma patients, so we're going to allow medibles."  The decision has to be made based on the content of the law and cannot be an effort to fix/address areas where the law leaves some people behind.  As much as we might want the SC to "legislate from the bench" on this matter, we really don't want the courts to starting ruling on laws based on what they think the law should say.  That mucks up separation of powers and would give too much authority to the courts.  Courts are supposed to be impartial.  This means that sometimes an obvious murderer walks free when evidence is suppressed due to a bad warrant, and it also means  that some patients won't enjoy the full benefits of MJ use under the current program.

 

Making the law better for patients is the job of the legislature - not the courts. 

 

It is like Sheriff Wigglesworth (or whatever is name was, I think from Ingham County) who said back in 2010 that the MMMA was terrible because it would be hard to enforce.  We would not want the courts to rule against a citizen's initiative just because it doesn't work for LEOs.  Unfortunately, on this matter, we (patients and CGs) need to accept that sometimes the court won't have the legal leeway to decide a case in our favor.

 

We should be trying to vote in new judges while going to the legislature for positive reform.  We can't look to the courts to fix the bad parts of the law.

[Herb Cannabis]

Bob, thank you for posting this. 

 

(k)  "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.  How in the world is cannabutter and other extracts not a mixture or preparation thereof, I do not understand the logic, it seems to me that the meaning is very clear, extracts are permitted.  It is a fact that this is true in other states (I believe that Arizona is one of them).

 

Does anyone know who will be representing these officers? 

 

I'd like to to extend my sincere condolences to the officers involved and wish them well.

 

Highlander, "We should be trying to vote in new judges while going to the legislature for positive reform.  We can't look to the courts to fix the bad parts of the law." 

 

You are half right, not only should we be voting for new judges, but representatives as well.  The reps are the ones who are responsible for writing the laws.

[Highlander]

Reps too. I agree.  Thanks for adding that.

[bobandtorey]

Bob I think you know that answer better than most!

 

I would prefer our law not be changed by a court! unless we can get enough pt/cg's and c.gs and pt's to get a huge fund together and send in people with our best interests at heart, It may be the only way to change the law is by a judge and I dont think that is in any ones best interest!

 

Peace

 

 

Thanks for the reply 

 

I still believe if we could of had more support with our case things wound have been better for us all and thats why the Courts wouldn't let us win the AD is a big pice of our Law imho

[bobandtorey]

Bob, thank you for posting this. 

 

(k)  "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.  How in the world is cannabutter and other extracts not a mixture or preparation thereof, I do not understand the logic, it seems to me that the meaning is very clear, extracts are permitted.  It is a fact that this is true in other states (I believe that Arizona is one of them).

 

Does anyone know who will be representing these officers? 

 

I'd like to to extend my sincere condolences to the officers involved and wish them well.

 

Highlander, "We should be trying to vote in new judges while going to the legislature for positive reform.  We can't look to the courts to fix the bad parts of the law." 

 

You are half right, not only should we be voting for new judges, but representatives as well.  The reps are the ones who are responsible for writing the laws.

I am sorry but i have to disagree John with this part  We can't look to the courts to fix the bad parts of the law. because the courts are the ones that have made the bad parts not the writers 

 

they did good we had one of the best Law's in the county at one time 2008

[bobandtorey]

What is unfortunate is that all of the discussion about what a patient needs has no relevance to the courts.  They have to rule on what they interpret the law to say.  They can't look at the situation and make a ruling based on what they think is best for patients - that is the job of the legislature.  The SC can't just decide "Well, smoking MMJ is bad for asthma patients, so we're going to allow medibles."  The decision has to be made based on the content of the law and cannot be an effort to fix/address areas where the law leaves some people behind.  As much as we might want the SC to "legislate from the bench" on this matter, we really don't want the courts to starting ruling on laws based on what they think the law should say.  That mucks up separation of powers and would give too much authority to the courts.  Courts are supposed to be impartial.  This means that sometimes an obvious murderer walks free when evidence is suppressed due to a bad warrant, and it also means  that some patients won't enjoy the full benefits of MJ use under the current program.

 

Making the law better for patients is the job of the legislature - not the courts. 

 

It is like Sheriff Wigglesworth (or whatever is name was, I think from Ingham County) who said back in 2010 that the MMMA was terrible because it would be hard to enforce.  We would not want the courts to rule against a citizen's initiative just because it doesn't work for LEOs.  Unfortunately, on this matter, we (patients and CGs) need to accept that sometimes the court won't have the legal leeway to decide a case in our favor.

 

We should be trying to vote in new judges while going to the legislature for positive reform.  We can't look to the courts to fix the bad parts of the law.

I agree and that is why they pick the cases they want to or that will do the most harm to the rest of us IMHO

[Wild Bill]

Unfortunately extractions are not legal because of one person,,

 

Extractions are illegal not because of one person. They are illegal because of a corrupt Court of Appeals that ignored the simple dictionary definition of the word "preparation".

 

(Maybe they're not corrupt, maybe they just don't have proper reading skills or no access to dictionaries, maybe they're just plain stupid.)

 

 

prep·a·ra·tion

ˌprepəˈrāSHən/

noun

noun: preparation

   

1. the action or process of making ready or being made ready for use or consideration.

    "the preparation of a draft contract"

   

synonyms: devising, putting together, drawing up, construction, composition, production, getting ready, development More

   "the preparation of contingency plans"

    instruction, teaching, coaching, training, tutoring, drilling, priming

    "preparation for exams"

       

something done to get ready for an event or undertaking.

        plural noun: preparations

        "she continued her preparations for the party"

        synonyms: arrangements, planning, plans, preparatory measures More

        "preparations for the party"

       

a substance that is specially made up and usually sold, esp. a medicine or food.

        synonyms: mixture, compound, concoction, solution, tincture, medicine, potion, cream, ointment, lotion

[bobandtorey]

Carruthers was not the first case people where getting busted before him for making brownies one had a pan and the court said he had a hole pound of cannabis why more then 2.5 oz and he 

 

couldn't get the support needed to win his and her case there are more case then we here about i still get calls all the time 

 

And most have not heard of this site at all and no nothing of any of these rulings i tell them to come here and give  them a   phone # to a Lawyer friend 

[trichcycler]

Most people who have read of police busts know that when cocaine, or heroin, or any other scheduled drug is confiscated, the whole of the matter is weighed and charged accordingly. Even though we all know that the cocaine is cut with baby laxative or worse, and the heroin, well, I know it aint pure either. why would anyone knowing those facts expect the law to separate any other scheduled drug when they weigh it I wonder.

Carruthers was not the first case people where getting busted before him for making brownies one had a pan and the court said he had a hole pound of cannabis why more then 2.5 oz and he 

 

couldn't get the support needed to win his and her case there are more case then we here about i still get calls all the time 

 

And most have not heard of this site at all and no nothing of any of these rulings i tell them to come here and give  them a   phone # to a Lawyer friend 

[bobandtorey]

True and some of the people that are on this site have posted  at times that any extra cannabis  you have on hand should be made into oil to keep you within sec;4 

 

store's that did and still do sell pop, and candy,and all some even have a business that only makes cannabis butter this Law is moving on  fast in some towns and city's 

Edited April 1, 2014 by bobandtorey

[trichcycler]

so is it the mean old satanic butane that scares you, or the fact that many do not possess the proper equipment for total removal ?  Butane evaporates at room temperature. I'm not sure how a warmed extracted oil would contain butane unless frozen quickly before total removal.

It's not voodoo, or magic, and butane is classified as non toxic. If a little butane somehow got into your lungs it would simply displace the are where oxygen should be. cigarettes, joints, do the same thing. They even contain carbon monoxide, a poisonous gas.

 

Now, I suspect everytime you make BHO, and end up with some weird spark ups consider this. I assume you are not using N-Butane, but instead a cheap smoke shop "5 x filtered) canned gas with butane, made to refill lighters? If so, know that does not contain just butane, but some 13 other gases. None of these gases match the properties of NButane, and that's why Nbutane is food safe, and has been used in public packaging for  a hundred years. I imagine a more serious concern may be the amount inhaled when dispensing shaving cream.

Those other gases, along with mercaptan(the stinky additive to let you know you have a leak), do not necessarily evaporate at the temps used for complete nbutane removal. And mercaptan is poisonous, and flammable. It does not evaporate at all by the way.

 

Folks should not play with magic they do not understand. But we should be careful joining the fear mongers when it comes to medicinal extractions.

When honey oil is used in the hospital, you can be assured it will have been extracted using NButane, Co2, or Naptha, depending on application/availability

 

peace, to the honey oil users, wax buffs, and dabbers.

Thanks bob for keeping us up on this one!

 

I find no pleasure in this being done to correction officers and a deputy sherif's wife!  It appears they broke the law no matter how you put it, by way of delivery.

 

Unfortunately extractions are not legal because of one person,,,well I even donated to that persons s.c if they take it, not that I realy wanted to protect some one breaking the law (yea yea its only a plant)  But to use that plant legaly we have a law, a law to use it medicinaly is better than no legal way to use mm at all!

 

I have no clue why they dont allow cannabutter or tinctures, I kinda under stand bho, in the wrong hands it is quite dangerious, and people here who know what dip its are, You obviously dont care if you are putting butane in your lungs! that ear wax or dip it crap is not cooked down to a safe use!  but all you all that love them dip its keep on doing it and ruin it for the people who realy need honey oil!  dont even tell me I dont know what ear wax is, every time I make my bho I wind up with that crap that looks like ear wax, you put a lighter to it while hitting it in a bowl you have to blow the darn flame out, or shall i say the butane out!

 

Thanks again bob, this is a case that could make or break it for carruthers and the people who realy need the medicinaly bennifets of bho, butter, tinctures and anything to make it easier for people to use and not smoke it!

 

Peace

 

I am not Carruthers!  I care about sick people, I am one of them!