Jump to content

Bill Schuette Opinion On 4271 And 5104

t-pain

By t-pain
in Cannabis and Marijuana News

 Share

Recommended Posts

t-pain Advanced Member

t-pain

Posted
Posted (edited)

(i will be updating this post as i go. its a lot to transcribe from the pdf. if anyone can copy and paste from the pdf, do that for me! :))

 

found this in city update on marijuana laws:

http://www.mason.mi.us/Data/PC/PCpackets/2014/111114_PCpacket.pdf

 

 

these are draft comments by the atty general only a draft...

 

 

State of Michigan

Department of Attorney General

 

Bill Schuette

Attorney General

 

Rarely has so little been said or written about proposed legislation that will have such dramatic and profound impact on the character of our communities and the lives of our citizens. After spending a considerable amount of time studying and discussing hb 4271 and hb 5104, we now write to express serious concerns with these two bills.

 

At first glance, the bills appear to provide a means for medical marihuana patients to secure a ready supply of high-grade marihuana. but on closer inspection, this bill opens the floodgates to the widespread, uncontrolled, and unregulated distribuition of marijuana.

 

our general concerns can be summarized in these areas:

 

1. HB 4271 lacks clarity and creates a state of confusion.

 

Since the enactment of the MMMA in 2008, there have been years of extensive litigation that have produced a number of court rulings that now guide police and the general public on the lawful possession and use of medical marihuana in michigan. instead of building on those guidelines hb 4271 will lead to more years of litigation. moreover, as written, hb 4271 will have a sweeping impact on the applicability of numerous other state laws while providing minimal guidance to patients, caregivers, law enforcement , or the general public.

 

there are numerous questions raised by this legislation. among these are the following:

 

a. where is marijuana legal to sell and where is it prohibited?

 

b. does the new law override any other law that contradicts it? do motor vehicle, construction and building codes, safety inspections , and other laws get overridden?

 

c. is a person approved to operate a provisioning center reqiured to be a mm pt or cg? if not, then it is far easier to become a distributer rather than a customer, turning common sense and logic on its head.

 

d. is a state university required to permit marijuana provisioning centers to do business on its campus and marijuana deliveries to its students?

 

e. can a convicted drug felon invest in or own a controlling interest in a provisioning center? the proposal only prohibits a conviceted drug dealer from being an officer, employee, agent, board member , or operator.

 

f. does the prohibition against any search or inspection by a state official immunize a provisioning center from tax audits, state health and food inspections, or criminal investigations by the state police?

 

g. how will the local regulation of the amount of marijhuana purchased from a registered pt or cg be meaning ful if the pt or cg is selling to multiple provision centers?

 

h. since the bill only prohibits a provisioning center from operating within 10000 ft of a primary or secondary school, are distributors allowed to operating near a church, playground, day care or other are not conductive to the operation of such a facility?

 

i. the bill limits the amount of marijuana a dsitrbutor can sell to a particular pt or cg. the ability of a pt or cg to make purchases from multoiple provision centers renders this limitation meaningless.

 

j. while records must be maintained identifying purchasers of marijuana, why are similar records not required for the identification of the marijhuana suppliers? without strict inventory control and record keeping, a provision center can easily become a front for an organized drug operation.

 

k. since state/local police are prohibited from conducting any insepctions or given any authority under the bill, a person making home deliveries for mm pt could literally have kilos of marijuana in their possession but could not confirm the fact due to the confidentiality in the identity of customers. this regulatory system will inevitably lead to provisioning centers being used as a front for the illegal distribution of marihuana or the needless arrest of provisioning center employees who are unable to confirm their possession of large amounts of marihuana due to statuatory confidentiality.

 

 

 

2. hb 4271 creates a patchwork of regulation

 

as written , the legislation allows marijuana distributors to operate in any community in michigan unless a local unit of gov enacts an ordinance to opt out. rather than have one set of rules to guide every distributor and provideo uniform guidance to law enforcement officers and the general public, every city or township will have different laws pertaining to the delivery of marijuana. this haphazard approach to drug enforcement is unprecendented. an individual in plymouth (if plymouth prohibited provisioning centers) , for example, could be prosecuted for a 4 year felony for selling marihuana out of a dispensary, while a canton resident (if canton approved the priovisoning centers) would be immune for doing the same activity a mile away. state laws need to be uniform.

 

3. hb 4271 does not follow the will of the people.

 

the people of the state of michigan voted to help people with debilitating conditions and illnesses have access to medical marijuana, not create a legalized for profit marijuana iundustry. hb 4271 allows for the profiteering of a schedule 1 controlled substance that is still prohibited by federal law.

 

4. hb 4271 and 5104 does not adequately provide for patient and child safety.

 

the proposed legislation doubles the amount of marijuana that a caregiver and a patient can possess. there is no adequate testing procedure to monitor the potency of marijuana in a solid, liquid, or gaseous form. there are also no standards for the thc content of these items. consequently one item may contain 5 percent thc, while another may contain twenty percent thc. in colorado this issue has been directly attributable to six teenage deaths.

 

the legislation kmakes no attempt to stop the marketing of marijuana or marijuana products to childrens. the federal government, anti-tobacco groups, and a lawsuit pressured rj reynolds in to stopping the use of the cartoon character joe camel in its advertising because of the cartoons appeal to children. different strains of marijuana are sold under child appealing names such as "jilly bean" "bubble barry" "sweet island skunk" "maui wowie" "chocolope" "black berry" "afghan sweet delicious" "wonder woman" "razzle dazzle" "hawaiian punch" "orange kush" "pineapple afghan" "grape ape" "blue magoo" "strawberry ice" "hawaiian pineapple" "double dutch strawberry" and "chocolate chunk". marijuana infused products are brownies (chewey bud brownies), peanut butter cookies, chocolate cookies "rice crispy treat" "billy goat bar" "fruit crispy treat" "chocolate rice crispy treat" and butter. other priducts mimic popular candy and food brands like "baby jane" "stoners" "reefers" "krondike" and "pot tarts" "gummy bears" "cherry bombs" "lollipipe" and "kandy corn". marijuana infused drinks are sold in what looks like pop bottles or other carbonated beverages. these products are put into packaging with bright colors or cartoons that appeal to children.

 

 

Questions reguarding child safety:

 

a. as a schedule 1 drug , should it not be mandated that this be dispensed only in child proof containers?

b. where is the prohibnition on marketing and packaginign that entices children to use this schedule 1 drug?

c. why is there no mandated warning label on this schedule 1 drug like there is on other drugs?

d. if marijuana is smoked, why is there no warning label like there is on cigarettes?

 

 

5. the act provides no meaningful deterrence for violators while providing a lucrative marijhuana distribution business.

 

the proposed legislation allows "provisioning centers" to deal in mass quantities of marijuana, with lucrative profits with little to no regulatory oversight. within the act there are seventeen potential violations with enumerated penalities. the marjority of those violations are simple civil infractions. one si a misdeameanor. four can be charged under the public health code however, circumvention of the law will not be difficult because the act contains prohibitions from search or inspection and seizures by law enforcement officers or state regulatory agencies.

 

6. the new law gives cover to current law breakers.

 

what happens to existing dispensaries that have been violating the law while others have sought to follow the law? sec 3a provides that existing violators of the law and "marihuana profiteers" will be immunized all the while they have been committing felonies.

 

we call unpon you to consider these questions before approving 4271 and 5104. in a good faith effort to help patients experiencing difficulty obtaining medical marijuana ,this bill creates a statuatory porposal that is extreme in its lack of regulation or control. it provides an avenue for the organized drug dealers to engage in their illegal activities under the guise of a legitamate business.

 

as elected officials , the people of your district trust that you will research, review and contemplate all legislation that comes before you. many times your decision can and will, affect their lives and those in the community. we are requesting that you carefully consider these concerns listed about before voting on legislation that if enacted, will have such a wide and sweeping effect on the laws already in place.

Edited by t-pain
Link to comment
Share on other sites
Restorium2 Advanced Member

Restorium2

Posted
Posted

Cutting to the chase, you have to give up your 5th amendment rights to buy or sell at a dispensary. How does anyone know that this whole fiasco isn't just a way to get a list? They tried to do that with registration but it would not fly. So this bill does it all out in the open. Everything you buy or sell at a dispensary will be of public record forever. There's zero privacy with this idea. The MMMA has privacy built into it. This bill has none at all. It's like a cannabis confessional with Bill Schuette on the other side of the screen. .

 

j. while records must be maintained identifying purchasers of marijuana, why are similar records not required for the identification of the marijhuana suppliers? without strict inventory control and record keeping, a provision center can easily become a front for an organized drug operation.

Link to comment
Share on other sites
Restorium2 Advanced Member

Restorium2

Posted
Posted (edited)

Chicken little

You will have the choice to give up your rights or not. No worries. Will you be the first to go on public state records as an admitted marijuana manufacturer and deliverer? Or would you wait until you have a bunch of friends on the list first? Are you Chicken Big Balls?

Edited by Restorium2
Link to comment
Share on other sites
phaquetoo Advanced Member

phaquetoo

Posted
Posted (edited)

gofundmecom> to help pay for legal representation just in case a member here is singled out for legally supplying a legal distribution center. After 5 years of no troubles the money can be given to this site for improvements, paychecks etc. maybe?

My brother!  You were not here before the break down of this site, although I believe in donating and being a paid member here now, I dont like how the old admin left saying he was owed over 60k,,,,,,I will run this site if it pays, I will get off ssdi and spend my every waking moment on here making sure this site is run just like it is!

 

There is at least one mod on here who has been a mod as long as I have been a member, the mod jobs are volunteer jobs and pretty thankless,,,,,,I mean come on they have to put up with idiots like me bawahahahaha!

 

I think every one who comes on here at least a few hrs a wk should become a donating member! and If some one is gonna have a paying job on here it should be put in front of the paying members and voted on!

 

That is a very touchy subject for me, I have no prob help paying for this site, but if some one is gonna be getting paid to do it I think the paying members should have a say on salary and who is making that salary!

 

I would pick you zap I think  your a fair person so nothing personal!

 

Peace

Edited by phaquetoo
Link to comment
Share on other sites
slipstar059 Advanced Member

slipstar059

Posted
Posted (edited)

I wonder why he didnt show his concern 2 weeks before the elections?

 

"the proposed legislation doubles the amount of marijuana that a caregiver and a patient can possess"

when these bill pass, please don't take this as legal advice, it's like his promise of a "dispensary on every corner".

 

For the record, the names of cannabis are a little silly, but not all plants are the same. Some will taste like berries, mint, chocolate, Nepalese temple hash etc. they've been named accordingly. If a particular strain worked for me I would'nt go to a dispensary, and say "I want some camnabis" I would go looking for the strain that works for me.

 

I don't have children, don't know anyone under 18, the 18 and older people I know are friends, kids. The argument about protecting our children from advertising is a legalization one, not a medical one. How many parents are moving to states with legal CBD/cannabis to help ease the pain of their children? I really doubt they're choosing the state they move to, based on marketing.

Edited by slipstar059
Link to comment
Share on other sites
jointedone Advanced Member

jointedone

Posted
Posted

We are ALL on a "list" that LEO has. Even though they said there would be no "list". They lied. They have tried to trap us,out think us,cause harm to innocent law abiding people that have followed EVERY stinking rule they think up. And I still would like to know what DOUCHARD and Oakland County did with MY records they seized in Ferndale. Schutte is an idiot, even the Gov can't stand him.

Link to comment
Share on other sites
t-pain Advanced Member

t-pain

Posted
  • Author
Posted

The judges ask him, the legisalture asks him, he just won an election and he is our attorney general. Other than that he is powerless.

the only people above him are the supreme court.

what he says matters, and everyone should read very carefully what he writes about.

 

even if he is wrong sometimes, his words can be used as guidelines and can help you stay outta trouble!

Link to comment
Share on other sites
jointedone Advanced Member

jointedone

Posted
Posted

Yes,I just meant that he comes across publicly  a power hungry angry guy. I have no right to say anything about the primary. I did not vote for the first time since I was 18. Not because I am lazy,I get an absentee ballot. It was more of a "you all suck" kinda thing. Not that one vote can make a difference anyways,but to me it was more of a personal statement. I know it doesn't matter,but to me it did.

Link to comment
Share on other sites
Kingdiamond Advanced Member

Kingdiamond

Posted
Posted

"At first glance, the bills appear to provide a means for medical marihuana patients to secure a ready supply of high-grade marihuana. but on closer inspection, this bill opens the floodgates to the widespread, uncontrolled, and unregulated distribuition of marijuana."

 

This clown is not going to stop until he gets the law repealed. :butt2: 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
 Share
Go to topic listing
×
×
  • Create New...