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Sort Of Legal In Michigan


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It is confusing to me all the fuss about marijuana being sort of legal in Michigan for medical. Seems that the law as interpreted today says it is still illegal to have marijuana but card carrying patients are excused from the constraints of the law regarding possession and growing marijuana for their medicine. Seems to me there may be an issue about equal protection under the law, since only certain people are exempt. And I do not see equal protection in this. We need to either just legalize it and admit it has medical and beneficial properties or we can continue this Howdy Doody vs. Clara-belle chase around the issue.

The liberal law allowing patients and their caregivers to have marijuana appears very unpopular with the law enforcement community and they are going all out to stop any distribution from happening.  To my mind, it seemingly borders on malicious prosecution. For instance, it appears they are systematically raiding anyone they learn is growing and putting them under arrest with charges ranging from possession to trafficking.

Of course, this is against the law as voted by the people of Michigan but the constabulary charges them anyway and the courts can sort it out. An argument could be made that it might be a deliberate and systematic process to bankrupt those who dare to grow and get them into the criminal justice system with a previous record to work with next time around. I read somewhere, in Michigan it costs around $22000 to successfully defend against a trafficking charge. So you are ruined even if acquitted.

Most everybody in this predicament pleads for a lesser charge given the threat of the case going to the federal courts.  In addition, the courts have a zero tolerance for the presence of the marijuana in your blood system and view any amount as a DUI if you are driving when they stop you. They are working on setting up checkpoints soon to test randomly for the drug. It costs around $10000 to get through a DUI case. Again, you’re ruined.

If House Bill 5385 becomes law and they can set up checkpoints it will be easy for them to monitor the many stores that have propped up selling growing equipment and just check the driver as he leaves for the presence of any drugs in his system. And get an easy DUI. They can then confiscate the car and arrest the driver. Now you do have a regular cash cow.

All of this mumble-jumble about the evils of a plant is based on lies as presented by the infamous movie Reefer Madness. I firmly believe learned lawyers and judges don’t really believe the hype about the dangers of marijuana and the position that it has no medical uses. But, this is about money and the wisdom of keeping the status quo. If my career was based on the prosecution of druggies I would be concerned about my future employment too.  

The court rulings have further eroded the Michigan medical marijuana law so that the only legal way left to use the stuff is to smoke it, or vape. No cooking in food is allowed, nor extracts or oils. This leaves out a lot of patients who could otherwise benefit.

Am I wrong about this?

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some, but spot on with some points.

I don't believe there is any systematic raiding going on.  The law goes after people stepping outside of the rules. The rules are actually simple. followed and they

lead to a great experience and new people. Choose your registration carefully, interview with precision, follow the rules, sprinkle some common sense, and you'll have a positive experience like the rest of us.

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