Michigan Medical Marijuana Law Has 'somewhat Disastrous' Conflict With Federal Law, Judge Says

[MiMedical]

GRAND RAPIDS, MI – Despite the conflict between Michigan’s medical marijuana law and federal prohibition of the drug, more than 130,000 state residents have registered for medical marijuana and the state has reaped millions in licensing fees.

Grand Rapids attorney James Brady said the law, for many, "has been well accepted and is highly successful."

Then, there are cases involving people like Dennis James Forsberg.

The 59-year-old Lansing man, who is described as a family man and respected businessman and community leader, was sentenced Tuesday, April 22, by U.S. District Judge Janet Neff to three years in federal prison for his role in a marijuana-growing operation.

“The Michigan Medical Marijuana Act and federal law are irreconcilable in ways that are completely baffling,” Brady wrote.

"The law “has been a complete disaster for people such as Dennis Forsberg, who accepted at face value the imprimatur of legality created by the MMA and the state’s licensing and regulation program, paid the state their various fees, and began growing medical marijuana.

“The state of Michigan websites dealing with medical marijuana carry no warnings that the growth of medical marijuana is still not allowed under federal law, and many people unfamiliar with the interrelationship of state and federal law have fallen into the trap of thinking state approval and licensing under the MMA had to mean that growing medical marijuana in compliance with the state law was safe to do.

“How could the state of Michigan issue licenses and collect fees purporting to allow and even encourage Michiganians to engage in conduct that exposed them to federal criminal prosecution? Such a thing would make no sense to most reasonable people.”

Brady added: “Like many others who have been caught up in this mess, Dennis Forsberg (as well as the other defendants in this case) pursued what appeared to him to be a legitimate business opportunity under Michigan law.”

Forsberg pleaded guilty to conspiracy to manufacture 100 plants or more, manufacture 100 plants or more, and manufacture of 100 plants or more within 1,000 feet of a school.

 

 

 

The Michigan Medical Marijuana Act and federal law are irreconcilable in ways that are completely baffling - attorney James Brady.

The magistrate judge who accepted his guilty pleas said Forsberg was snared by the conflict in state and federal laws.

“And for what it’s worth, I think this conflict in (state and federal) law has been somewhat disastrous in this state,” U.S. Magistrate Judge Ellen Carmody said, according to a transcript of the Dec.12, 2012, hearing.

“I did not anticipate that. But I think it has been. And you got caught in the middle of it, Mr. Forsberg.”

Forsberg provided rental space for growing of medical marijuana and cash for start-up costs. He believed that one of those involved in the operation had met with an attorney and police to make sure the set-up was legal, Brady said.

Forsberg made sure the business plans were filed. He also met with the police chief of Meridian Township to make sure he would be in compliance, Brady wrote in the lawsuit.

 

 

“Dennis even offered to leave a set of keys to the facilities with Chief (Dave) Hall, so that Hall could inspect the buildings at any time.”

Brady said Forsberg also spoke with an Okemos Public Schools leader and the Alaiedon Township board.

“These are not the actions of a person who thought he was violating any law,” Brady wrote. “Far from hiding his activities, Dennis was bending over backward, going out of his way to address and allay any concerns that anyone in the community could possibly have about the presence of what he thought would be a lawful medical marijuana business in the neighborhood,” Brady wrote.

He considered the venture, which resulted in six other arrests, when his real-estate and construction business was slowed by the recession.

More than 50 people wrote letters on his behalf. He wrote one, too.

“This was a terrible mistake on my part. It will never happen again.”

 

 

 

http://www.mlive.com/news/grand-rapids/index.ssf/2014/04/michigan_medical_marijuana_law_1.html

[Wild Bill]

The Federal law is definitely disastrous and baffling. Time to change it.

[t-pain]

yes, this is from 2012 before the new memos. i wonder if he should try to get pardoned now...

[bobandtorey]

yes, this is from 2012 before the new memos. i wonder if he should try to get pardoned now...

Let us hope he does get out he is in line with many more that still believes cannabis is legal to grow

 

how can we change that ?

[bobandtorey]

 

GRAND RAPIDS, MI – Despite the conflict between Michigan’s medical marijuana law and federal prohibition of the drug, more than 130,000 state residents have registered for medical marijuana and the state has reaped millions in licensing fees.

Grand Rapids attorney James Brady said the law, for many, "has been well accepted and is highly successful."

Then, there are cases involving people like Dennis James Forsberg.

The 59-year-old Lansing man, who is described as a family man and respected businessman and community leader, was sentenced Tuesday, April 22, by U.S. District Judge Janet Neff to three years in federal prison for his role in a marijuana-growing operation.

“The Michigan Medical Marijuana Act and federal law are irreconcilable in ways that are completely baffling,” Brady wrote.

"The law “has been a complete disaster for people such as Dennis Forsberg, who accepted at face value the imprimatur of legality created by the MMA and the state’s licensing and regulation program, paid the state their various fees, and began growing medical marijuana.

“The state of Michigan websites dealing with medical marijuana carry no warnings that the growth of medical marijuana is still not allowed under federal law, and many people unfamiliar with the interrelationship of state and federal law have fallen into the trap of thinking state approval and licensing under the MMA had to mean that growing medical marijuana in compliance with the state law was safe to do.

“How could the state of Michigan issue licenses and collect fees purporting to allow and even encourage Michiganians to engage in conduct that exposed them to federal criminal prosecution? Such a thing would make no sense to most reasonable people.”

Brady added: “Like many others who have been caught up in this mess, Dennis Forsberg (as well as the other defendants in this case) pursued what appeared to him to be a legitimate business opportunity under Michigan law.”

Forsberg pleaded guilty to conspiracy to manufacture 100 plants or more, manufacture 100 plants or more, and manufacture of 100 plants or more within 1,000 feet of a school.

 

 

 

The Michigan Medical Marijuana Act and federal law are irreconcilable in ways that are completely baffling - attorney James Brady.

The magistrate judge who accepted his guilty pleas said Forsberg was snared by the conflict in state and federal laws.

“And for what it’s worth, I think this conflict in (state and federal) law has been somewhat disastrous in this state,” U.S. Magistrate Judge Ellen Carmody said, according to a transcript of the Dec.12, 2012, hearing.

“I did not anticipate that. But I think it has been. And you got caught in the middle of it, Mr. Forsberg.”

Forsberg provided rental space for growing of medical marijuana and cash for start-up costs. He believed that one of those involved in the operation had met with an attorney and police to make sure the set-up was legal, Brady said.

Forsberg made sure the business plans were filed. He also met with the police chief of Meridian Township to make sure he would be in compliance, Brady wrote in the lawsuit.

 

 

“Dennis even offered to leave a set of keys to the facilities with Chief (Dave) Hall, so that Hall could inspect the buildings at any time.”

Brady said Forsberg also spoke with an Okemos Public Schools leader and the Alaiedon Township board.

“These are not the actions of a person who thought he was violating any law,” Brady wrote. “Far from hiding his activities, Dennis was bending over backward, going out of his way to address and allay any concerns that anyone in the community could possibly have about the presence of what he thought would be a lawful medical marijuana business in the neighborhood,” Brady wrote.

He considered the venture, which resulted in six other arrests, when his real-estate and construction business was slowed by the recession.

More than 50 people wrote letters on his behalf. He wrote one, too.

“This was a terrible mistake on my part. It will never happen again.”

 

 

 

http://www.mlive.com/news/grand-rapids/index.ssf/2014/04/michigan_medical_marijuana_law_1.html

Thanks for posting this i do know Mr. Forsberg and all the other 6 and i was their at their  grow site one night when we all saw cameras that the Fed's set up outside 

 

they where on to them for awhile 

[pic book]

i take judges having spoken out in this manner and continuing to speak, a harbinger of great change, much as the judges who spoke out on civil rights in the 50s was a harbinger of the federal changes made under johnson in hte 60s.

[Dr. Bob]

Am I correct in that he had more than 100 plants?  

 

Dr. Bob

[bobandtorey]

Well that is a long story Leo counted all the plants together his and all the rest of the other  grow rooms he had around town that belonged to other caregivers 

Edited April 24, 2014 by bobandtorey

[t-pain]

its interesting, the feds say they wont get involved in medical.

and the state cant prosecute it itself because of the medical laws.

so the state cops fib on the warrants to say the medical was violated.

so then they show the feds that the medical was a hoax ? 

 

even when its 'legal' they will find the loophole to get around it. must be legal federally or this will continue...

[bobandtorey]

its interesting, the feds say they wont get involved in medical.

and the state cant prosecute it itself because of the medical laws.

so the state cops fib on the warrants to say the medical was violated.

so then they show the feds that the medical was a hoax ? 

 

even when its 'legal' they will find the loophole to get around it. must be legal federally or this will continue...

 

 

Thanks i will use one of my likes 

 

I also agree that it has to end on a Federal  leave but that alone won't stop it and the forfeiture Law also has to changes  as you know thats where the money comes from that Leo uses

 

to fund itself 

 

One day i was out and about talking to some of the dispensaries owners one lady that has 3 of them still open and i ask her were she kept all that $$ she said at her home and Leo will never find it i ask her if she knew what a slaw- saw was and told her Leo won't leave until they find there pay day

[Dr. Bob]

Ah, I see. the feds don't get involved in folks following the MMMA.  There were more than 100 plants and a dispensary.  Perhaps I missed the part of the MMMA that allowed commercial growing and dispensaries.  Let's have a protest!

 

If this was a grandma with glaucoma and 13 plants I don't see the feds being involved, I would see a section 8.  But this was a commercial grow and a dispensary that was prosecuted federally.  I'm sorry for him, but I don't see how this is the feds coming after a patient or a caregiver.  It was a dispensary case with a bad outcome for the dispensary owner.  Let's keep things in perspective and stop trying to use the MMMA as a shield.  There is a big case in Muskegon going the same route.  

 

Follow section 4.  If you don't and are reasonable with a good story, section 8 may save you. Don't violate section 4 on the assumption section 8 will come to your rescue.  Don't attract the attention of the feds with your commercial activity.

 

Dr. Bob

[Dr. Bob]

With any luck, this will all be a moot point in 5 years and cannabis will no longer be 'illegal' on any level.  Controlled perhaps, but not illegal.  In my opinion cannabis cannot by definition be schedule 1.  That opinion and a buck fifty will get you a decent cup of coffee.  It will change when it is ready to be changed and has the political support it needs in the non-cannabis community.

 

As for Federal Law and the MMMA, again in my non legal opinion (backed by plenty that do have standing to have a legal opinion) are NOT in conflict.  The MMMA addresses state prosecution, not federal law.  Jaywalking and adultery are against state law, have resulted in far more chaos and death than cannabis, yet are rarely prosecuted.  Under the MMMA cannabis is not prosecuted in most cases.  The MMMA does not REQUIRE people to break federal law- you can get a card and not use it, and getting the card is not required of anyone, just those that want to use it to avoid state prosecution if caught.  Second, nothing in the MMMA prevents federal agents from enforcing federal law.  If the MMMA required people to break federal law and/or tried to stop federal agents from enforcing federal law, there would be a conflict.  As it does not, there is no conflict.  As it was intentionally written to avoid.

 

Not a legal opinion, but makes it a little easier to understand.

 

Dr. Bob

[DoobieWan]

This was NOT related to a dispensary! Hear the story from the the man himself. Very disturbing indeed. This needs national attention.

 

Here's Dennis Forsberg in his own words just a few days before surrendering himself to prison

 

[trichcycler]

the state website certainly does warn of the firsky federalies. and dummies grow next to a school. this guy's efforts to be a productive part of his community make him a hero, and I hope he is free soon

[Chauncy Gardner]

i take judges having spoken out in this manner and continuing to speak, a harbinger of great change, much as the judges who spoke out on civil rights in the 50s was a harbinger of the federal changes made under johnson in hte 60s.

Oh great! If this is like the civil rights fight it will take decades to make any meaningful progress and it will be fought tooth-and-nail all the way by the Conservatives. There are still Republicans who are fighting the civil rights laws today - 50 years later!

 

Depressing thoughts, but real. They are even still using the same "method of reasoning" against cannabis that they have been using against civil rights - make stuff up and hope nobody checks.

[DoobieWan]

One thing the fight to amend the marijuana laws has going for it is that it can become a source of income for the government in licensing fees and potentially taxes. Plus the republicans will be all in if there is money to be made. So it will probably only take 19 years, not decades. ;-)

[painterdan]

Even if it was legalized under federal law schuette would would still prosecute saying it was illegal under state law and state law takes precedence over federal law.

[t-pain]

it can be legal federally and illegal in the state. some states banned alcohol for a long time.

Edited April 28, 2014 by t-pain

[bobandtorey]

Even if it was legalized under federal law schuette would would still prosecute saying it was illegal under state law and state law takes precedence over federal law.

Lol  i agree

 

They can't do that can they ?

[painterdan]

Why not, it's what he's doing right now with gay marriage and medical marijuana.