Contact Your Senators About Fixing Hb5104.

[t-pain]

http://legislature.mi.gov/doc.aspx?2013-HB-5104

click on REPORTED FAVORABLY WITH SUBSTITUTE S-1 on that page, or copy the following link:

http://www.legislature.mi.gov/(S(gbna1p551euqwh55r5ciss55))/mileg.aspx?page=CurrentVersionAmendment&cvFileName=2013-HCVBS-5104-13752.PDF

it would change section 4 to only protect you from arrest in public if your marijuana , including usable marijuana, was labelled and packaged. 

 

ALL OF YOUR USABLE MARIHUANA MUST BE LABELLED AND PACKAGED IN PUBLIC OR YOU CAN BE ARRESTED.

 

THERE IS NO PROTECTION FROM VAPING OR CONSUMING EDIBLES IN PUBLIC AS THE BILL STANDS.

 

(P) IN A PUBLIC PLACE, THE PRIVILEGE FROM ARREST UNDER 
SUBSECTION (A) OR (B) DOES NOT APPLY UNLESS ALL OF THE FOLLOWING 
APPLY: 

(1) THE USABLE MARIHUANA AND MARIHUANA-INFUSED PRODUCT ARE 
PACKAGED AND EACH PACKAGE IS LABELED WITH THE WEIGHT OF THE USABLE
MARIHUANA.

 

(2) THE TOTAL WEIGHT INDICATED ON THE PACKAGE LABELS IS NOT 
MORE THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B). THE 
INDICATED WEIGHT IS PRESUMED TO BE TRUE AND CORRECT. HOWEVER, THIS 
PRESUMPTION DOES NOT PROHIBIT A LAW ENFORCEMENT OFFICIAL FROM 
ARRESTING AN INDIVIDUAL IF THERE IS AN ARTICULABLE SUSPICION THAT 
THE INDICATED WEIGHT IS NOT CORRECT AND THE TOTAL WEIGHT IS GREATER 
THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B).

 

 

if you unpackage it to vape or eat, doesnt that mean its not packaged and you are subject to arrest??

 

 

 

HB5104 changes the MMMA, section 4 and would require all patients and caregivers to label their medibles. EVEN IN THEIR OWN HOUSES WHEN THEY MADE THE EDIBLE THEMSELVES. 

 

(N) EXCEPT WHEN BEING MANUFACTURED OR CONSUMED, ANY MARIHUANA- 
INFUSED PRODUCT MUST BE INDIVIDUALLY PACKAGED AND CLEARLY LABELED 
WITH ALL OF THE FOLLOWING:

 

 

please contact your senators now. immediately. the police wanted these limits just to arrest everyone they can, flower them.

 

CPU, what went wrong? why did this end up the way it did? whats kowall say about this?

Edited July 20, 2014 by t-pain

[knucklehead bob]

This is a change that was tacked on in the House right before passage. CPU has submitted language to correct this, and several people are working on convincing Senators to apply the proposed changes.

 

My concern is less with public, non-smoking use than possession of unlabeled usable marijuana. Even a bare joint or container could kill a patient's immunity given the current wording.

 

That being said, it seems like there are more changes coming, and from parties that have stayed silent to this point, so anything can happen from here.

Train ?

[+Malamute]

CPU is still working hard for amendments on the Senate floor. 

 

 Let me also point out these bills could still get much worse. We aren't the only people looking for amendments. There is a loooong line of people looking for changes. Most unfriendly.

 

When people have said to me, we want dispensaries, I have always answered "at what cost"?

 

You are just starting to see the cost of having them.  Will it be worth it?

 

I personally say no...., but what I want doesn't matter. 

 

 Wish us luck on trying to fix more of these flawed bills.

[t-pain]

thanks guys, its going to be naaaaaaasty.

[phaquetoo]

Thanks mal for keeping us in the loop!  I know you guys work hard and will come thru with some good changes for us pt's and c,.g's!

 

Peace

 

I guess I can wait till its over, just so our side gets it as good as possible,

[knucklehead bob]

CPU is still working hard for amendments on the Senate floor. 

 

 Let me also point out these bills could still get much worse. We aren't the only people looking for amendments. There is a loooong line of people looking for changes. Most unfriendly.

 

When people have said to me, we want dispensaries, I have always answered "at what cost"?

 

You are just starting to see the cost of having them.  Will it be worth it?

 

I personally say no...., but what I want doesn't matter. 

 

 Wish us luck on trying to fix more of these flawed bills.

I am not certain , but , I think what needs to be most impressed upon these as of yet unheard from parties(LEO) , is the fact that this law is SUPPOSED to keep people OUT of jail ! ! ! 

 

Thank you Malamute and others for your hard work .

Edited July 18, 2014 by knucklehead bob

[t-pain]

protecting the VAST MAJORITY from arrest as it states in our law.

[+Malamute]

Yeap.  Just doing what we can.

 

 

This law was passed for one reason. One single topic. One reason.  This initiative was passed to protect patients from Police and the Courts. Arrest and Prosecution. That is it.  If something is put in the MMMAct that isn't about protecting patients from arrest and prosecution, it should not be in there.  Anything that allows police to arrest a patient, should be taken out.  Simple errors should never land a debilitated patient in jail.  Should only require immediate compliance.   When I see police wanting to write the law and doing so,... I know the system is completely broken.  The only thing th epolice should be writing into law is their union contracts.  When police are piggybacking a law that will allow sick people to use non-smokeable forms of marijuana  in order to figure out how to arrest people for some ridiculous labeling requirement,... the system is broken.  The police are corrupt and overzealous and are going against the only reason this law was passed,.... to protect patients from Police and Judges. Period.

 

*grumble*

[knucklehead bob]

Yeap.  Just doing what we can.

 

 

This law was passed for one reason. One single topic. One reason.  This initiative was passed to protect patients from Police and the Courts. Arrest and Prosecution. That is it.  If something is put in the MMMAct that isn't about protecting patients from arrest and prosecution, it should not be in there.  Anything that allows police to arrest a patient, should be taken out.  Simple errors should never land a debilitated patient in jail.  Should only require immediate compliance.   When I see police wanting to write the law and doing so,... I know the system is completely broken.  The only thing th epolice should be writing into law is their union contracts.  When police are piggybacking a law that will allow sick people to use non-smokeable forms of marijuana  in order to figure out how to arrest people for some ridiculous labeling requirement,... the system is broken.  The police are corrupt and overzealous and are going against the only reason this law was passed,.... to protect patients from Police and Judges. Period.

 

*grumble*

This looks like just the letter tthat should be sent to every member of the Legislature ! ! ! 

[+Malamute]

If I lived closer to Lansing(8 hours) I would say it to their faces myself. :-)  I have others deliver my messages directly.(Hayduke, CPU etc.) Well, at the least the non smart assy ones that will be beneficial to achieving our goals! Hahaha.

 

And yea,... I use those type of arguments because it is Powerful and True, and I truly believe that and will always fight for those things.

 

 To me, it isn't worth the cost we are paying for dispensaries to expose ourselves to broadside hits on the Act from Police, Prosecutors, Bill Shitteface Schitte and/or any disgruntled congress critters who are trying to prove themselves superior by sucker punching sick people.

 

 But unfortunately, it is not about what I want etc.  I can only simply protect the Act as much as possible and curb as much damage to it as they let us.  And trust me,... most people do not see the "damage" that has already been avoided by knocking back crappy ideas and amendments that never end up seeing th elight of day.  Gotta kill as much crap as ya can before it festers.

 

Anyhow, yea,... Be afraid for what might happen, pray to Jah we can lessen the damage.

[+Malamute]

Alright, now that i finished ranting i will answer your question via topic post.

 

 

When you have heard me freaking out over the "police amendment" it is the one you mentioned.

 

(P) IN A PUBLIC PLACE, THE PRIVILEGE FROM ARREST UNDER 
SUBSECTION (A) OR (B) DOES NOT APPLY UNLESS ALL OF THE FOLLOWING 
APPLY: 

(1) THE USABLE MARIHUANA AND MARIHUANA-INFUSED PRODUCT ARE 
PACKAGED AND EACH PACKAGE IS LABELED WITH THE WEIGHT OF THE USABLE
MARIHUANA.

 

(2) THE TOTAL WEIGHT INDICATED ON THE PACKAGE LABELS IS NOT 
MORE THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B). THE 
INDICATED WEIGHT IS PRESUMED TO BE TRUE AND CORRECT. HOWEVER, THIS 
PRESUMPTION DOES NOT PROHIBIT A LAW ENFORCEMENT OFFICIAL FROM 
ARRESTING AN INDIVIDUAL IF THERE IS AN ARTICULABLE SUSPICION THAT 
THE INDICATED WEIGHT IS NOT CORRECT AND THE TOTAL WEIGHT IS GREATER 
THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B).

 

 

 That should not exist at all. It is poorly written and conflicts with other language in the bill and is ridiculous.
 

 

SEC. 4 (N) EXCEPT WHEN BEING MANUFACTURED OR CONSUMED, ANY MARIHUANA-INFUSED
PRODUCT MUST BE INDIVIDUALLY PACKAGED AND CLEARLY LABELED
WITH ALL OF THE FOLLOWING:

 

 

As you can see there is already internal conflict now because of it.

 

 Then when they add in "USABLE" marihuana to the public place labeling requirement it became a truly sinister amendment which we fought, others fought, and we lost.  The police are powerful.  Their original offerings were even worse if ya can believe it. Asssholes.

 

 Then the original language written in the bill for labeling is truly and should truly be directed towards provisioning centers and not patients.  I can even understand having patients label the "equivalent amount in ounces" on their medibles and such.  I mean, it is very hard to know how much a tray of brownies is in usable marihuana equivalents.  But putting down dates and who manufactured it etc. is nonsense.  Another hit to the Act for provisioning centers. 

 

 Anyhow, that is the problem.  I agree. Totally.

 

 We want it removed or at least altered to a less ridiculous level of insanity against patients.

 

Thank you provisioning centers! Heh, although HB 5104 was actually written to allow medibles/oil.

 

But this is what happens when ya let a generally unfriendly republican led government(half the dem's are no better) stick their fingers into our initiatives.  5104 is more the fault of all the sick people complaining about the Carruthers COA ruling. 

 

heh.. "fault".... How pitiful is that. Sick people want to be protected from arrest and prosecution for using oil/medibles and all the greedy, ill intentioned, anti marijuana, pro-money, leeches come crawling out of the woodwork to make sure they get to pee on the leg of patients rights.

 

:-)

[Hayduke]

If I lived closer to Lansing(8 hours) I would say it to their faces myself. :-)  I have others deliver my messages directly.(Hayduke, CPU etc.) Well, at the least the non smart assy ones that will be beneficial to achieving our goals! Hahaha.

 

And yea,... I use those type of arguments because it is Powerful and True, and I truly believe that and will always fight for those things.

 

 To me, it isn't worth the cost we are paying for dispensaries to expose ourselves to broadside hits on the Act from Police, Prosecutors, Bill Shitteface Schitte and/or any disgruntled congress critters who are trying to prove themselves superior by sucker punching sick people.

 

 But unfortunately, it is not about what I want etc.  I can only simply protect the Act as much as possible and curb as much damage to it as they let us.  And trust me,... most people do not see the "damage" that has already been avoided by knocking back crappy ideas and amendments that never end up seeing th elight of day.  Gotta kill as much crap as ya can before it festers.

 

Anyhow, yea,... Be afraid for what might happen, pray to Jah we can lessen the damage.

 

what about your news reader....?????

 

I don't really do any praying, including jah....

 

lol...

Edited July 18, 2014 by Hayduke

[+Malamute]

Yea,... me either,... but it sounded good. :-)

[t-pain]

5104 isnt the fault of sick people

its the fault of CoA imo.

 

anyone contact their senators yet?

Edited July 18, 2014 by t-pain

[+Malamute]

I know.  It is what caused the flood of news articles and letters, phone calls, and in person seizures that got the legislators to address it.  Definitely COA decision.  I am still willing to wait for a different case to go to the MSC on "mixture or preparation thereof" because I feel we can win it.  But that can take a long time and people need their oil now.  :-/

 

And even of we won the MSC, medibles would still be an issue at 2.5oz.

 

 

 And do make note that they are removing "mixture or preparation thereof" in HB 5104.

[t-pain]

how are "labelled" and "packaged" going to be defined? 

[+Malamute]

The department and the courts obviously....

 

 

 Pitiful aye?

 

 this is why I complain so much about poorly written bills.

[cristinew]

worse comes to worse  I already have to put it in the trunk   Just lable the bag 1.5 oz ext put it in a jar with the locked box i already have for the trunk,

[+Malamute]

I agree. I will do what I have to.  But ya know tons of people will get arrested for violations.

[t-pain]

8/13/2014 SJ 59 Pg. 1589 REPORTED FAVORABLY WITH SUBSTITUTE S-1
8/13/2014 SJ 59 Pg. 1589 COMMITTEE RECOMMENDED IMMEDIATE EFFECT
8/13/2014 SJ 59 Pg. 1589 REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE S-1

 

so uh, water can be liquid, gaseous and solid, how are you supposed to count it ?

are we talking room temperature solid, liquid or gas? 

if i have budder in my fridge, is it a solid or a liquid ? 

[t-pain]

where does consuming an edible begin and destroying the evidence end ?

[Willy]

where does consuming an edible begin and destroying the evidence end ?

 

As soon as you open your mouth..