Somebody Gets It. Illegal Transport Law Is Illegal.

[GregS]

Medical marijuana transportation law ruled unconstitutional by Benzie Co. judge

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January 20, 2015 4:52 PM MST

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Medical Marijuana

Eric L. VanDussen

In following with several other district and circuit court judges throughout Michigan, a Benzie County judge has recently ruled that a 2012 medical marijuana transportation law is unconstitutional and superseded by Michigan’s Medical Marijuana Act (MMMA). (See also: MI AG invited to weigh in on constitutionality of marijuana transportation law)

The 2012 statute (MCL 750.474) states that: “[a] person shall not transport or possess usable marihuana as defined in [the MMMA] in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following:

(a) Enclosed in a case that is carried in the trunk of the vehicle.

(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk….”

A violation of the 2012 medical marijuana transport law is a “misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

Benzie County District Court Judge John D. Mead held oral arguments on December 18, 2014 regarding Beulah criminal defense attorney David Huft’s motion to dismiss the improper transportation of medical marijuana charge filed against his client, Olaf Johnson. Johnson was alleged to have transported his medical marijuana in the passenger compartment of his vehicle in July of 2014.

(VIEW HERE: December 18, 2014 oral arguments in People v Johnson)

Judge Mead’s January 14 Opinion and Order granted Johnson’s Motion to Dismiss and it specifically held that:

“…Defendant asserts that [the medical marijuana transport law] MCL 750.474 is unconstitutional. The Court agrees. Art. IV, §25, of the Michigan Constitution of 1963 pertinently provides, "No law shall be revised, altered or amended by reference to its title only. The section or sections of the act altered or amended shall be re-enacted and published at length."

With the enactment of MCL 750.474, the Legislature clearly was attempting to amend, by reference, [the MMMA] MCL 333.26427. It appears to this Court that §27 of the MMA should have been "re-enacted and published at length" to include the language put forth in MCL 750.474. The Legislature has the opportunity to legislate medical marihuana. However, it decided to place the issue squarely in the hands of the voting public.

This Court is further of the opinion that MCL 750.474, at its roots, appears to be good public policy. That being said, it is unconstitutional, and it conflicts with and is superseded by [the MMMA].”

In a final footnote to his January 14 Opinion and Order, Judge Mead stated that he personally “voted against the MMA Proposal. However, the voters have spoken, and the MMA must be enforced as written.”

Benzie County's Chief Assistant Prosecutor, Jennifer Tang-Anderson, has indicated that she has not yet determined whether the prosecutor's office will be appealing Judge Mead's dismissal of Johnson's criminal charge

[YesMichigan]

Okay, I am too involved because that article is erotic as hell to me. It's getting warm in here and I'm just gonna make myself comfortable and re-read.

 

Judge Mead stated that he personally “voted against the MMA Proposal. However, the voters have spoken, and the MMA must be enforced as written.”

 

Glad he was wrong the first time but right the second.

Edited January 21, 2015 by YesMichigan

[+Malamute]

They will simply pass it into the Act this session likely.

 

I always knew we would win in court on the topic,.. but I also knew they would just simply vote for it again.  Maybe we can stop it or get better language,... maybe just a civil fine or something.

[YesMichigan]

They will simply pass it into the Act this session likely.

 

I always knew we would win in court on the topic,.. but I also knew they would just simply vote for it again.  Maybe we can stop it or get better language,... maybe just a civil fine or something.

 

I understand the tempered enthusiasm I'm ecstatic that for now the "People" (which is you and me) have agreed to dismiss charges against Defendant Johnson! That was what I voted for.

 

You and I have a common ground here. Just as your view on the second amendment requires "reasonable limitations" (conceding your position on it with no insinuation of mine) there must be "reasonable limitations" placed on medical marihuana and equipment operation. These laws I would say are in place because there are prescription medications that a driver can take that will have a nearly immediate effect. No additional laws are required if long-standing policies are continued to be upheld. There are many drugs prescribed by M.D.'s daily that list operating heavy machinery a prohibited task as the Doctor sends the guy back to drive his hi-lo at work.

 

This would appear to be a conundrum of Medical Marihuana and many politicians feed the myth that it can't be medicine because it is used by some for recreation. This is not unique as hydrocodone, oxycontin, diazepam - I won't preach to the saved because (as the State would say) "A reasonable person can be assumed to know that prescription drugs in America are being used for recreational purposes."

 

As a community we must figure out how to reconcile the subject of this case and existing legislation as it pertains to "Open bottle laws" or "Transport of Prescription Medication". I think that determination will ultimately determine what the future holds in terms of having it in a vehicle. "Lunge distance" is not proof of DUI but having an open bottle in the backseat is illegal. Having a bottle of doctor prescribed valium in your purse on the passenger seat isn't illegal in any way.

[GregS]

Note that these are all district court decisions. I don't expect prosecutors to appeal them. They know full well that this law is not worth the paper it is written on. That being said, will it rise to the point where the legislature might not bother to repeal it?

Edited January 21, 2015 by GregS

[t-pain]

all those people in the 750.474 thread wrongly arrested, convicted, fined and even some jailed over this...

 

i'm surprised some person hasnt sued for wrongful arrest, prosecution, etc etc

Edited January 21, 2015 by t-pain

[YesMichigan]

Note that these are all district court decisions. I don't expect prosecutors to appeal them. They know full well that this law is not worth the paper it is written on. That being said, will it rise to the point where the legislature might not bother to repeal it?

 

I don't see any chance of the Republicans not trying to take credit for "saving the children" at some point on this one.

 

Initiative or referendum law; effective date, veto, amendment and repeal. Any law submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect 10 days after the date of the official declaration of the vote. No law initiated or adopted by the people shall be subject to the veto power of the governor, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature. Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof.

 

http://www.legislature.mi.gov/documents/mcl/pdf/mcl-chap1.pdf

 

 

What a great article. The message, the unbiased delivery of fact and the sourced information for us to convert in to knowledge.

Edited January 21, 2015 by YesMichigan

[t-pain]

that article was written by eric vandussen, who is a member of this site and even has his own subforum for his reporting. thanks mr vandussen for the great article and all of your work.

[YesMichigan]

that article was written by eric vandussen, who is a member of this site and even has his own subforum for his reporting. thanks mr vandussen for the great article and all of your work.

 

I was aware of the author but thank you for calling it out.

 

Thank you to Mr. VanDussen, Mr. Komorn, David Huff (The Defense attorney in this article) and all the attorneys and advocates who have invested their lives to helping those with few capable allies against the apparatus working to negate the will of the People. You are serving The Republic and our State with distinction.

[YesMichigan]

all those people in the 750.474 thread wrongly arrested, convicted, fined and even some jailed over this...

 

i'm surprised some person hasnt sued for wrongful arrest, prosecution, etc etc

 

How many do you think had lawyers that just took the money to represent and looked for the first plea they could get and said "That's a sweet deal."

[Timmahh]

Gosh, where have I heard these laws were Unconstitutional, and Superseded by the MMMA before? I wonder.

[knucklehead bob]

Gosh, where have I heard these laws were Unconstitutional, and Superseded by the MMMA before? I wonder.

 

 

 

Good to read ya bruz 

Edited January 22, 2015 by knucklehead bob

[Chauncy Gardner]

The worst part of this entire debacle is the fact that people have been prosecuted for this and the prosecutors were probably fully aware that this law had no teeth in it when it came to medical marijuana patients.

 

People of this state have to stop and think about this for a minute. We have people in positions of power who are so blinded by their hatred of marijuana, and so convinced that they are right, that they are willing to completely disregard the law in order to satisfy their own personal desires.

 

Seems quite un-American to me.

[cristinew]

i know people have have been charged with possession  and transport  illegal transport ment no protections at all  ,  over 2 grand in fines,

[YesMichigan]

i know people have have been charged with possession  and transport  illegal transport ment no protections at all  ,  over 2 grand in fines,

 

That was the most hurtful thing I've heard today.

 

I wonder what legal options there are in these cases, if any.

 

 

The worst part of this entire debacle is the fact that people have been prosecuted for this and the prosecutors were probably fully aware that this law had no teeth in it when it came to medical marijuana patients.

 

People of this state have to stop and think about this for a minute. We have people in positions of power who are so blinded by their hatred of marijuana, and so convinced that they are right, that they are willing to completely disregard the law in order to satisfy their own personal desires.

 

Seems quite un-American to me.

 

They are social engineers who are convinced you are without capacity for self-determination. Basically they are saying George the III was right, the citizenry needs to be told not to tell.

[cristinew]

That was the most hurtful thing I've heard today.

 

I wonder what legal options there are in these cases, if any.

 

They have now stoped using  they got 1 year probation  drug tests  loss of driving privilege  90 days suspended jail time,  all for an illegal transport  that turned into a possession  

[YesMichigan]

They have now stoped using  they got 1 year probation  drug tests  loss of driving privilege  90 days suspended jail time,  all for an illegal transport  that turned into a possession  

 

 

Honestly, that brings tears to my eyes. That is the antithesis of what the voters mandated from the police. Only Lansing wanted to do that to your friends and mine.

[AmishRnot4ganja]

The people who are responsible for these miscarriages of justice need to pay the same price for their transgressions as their innocent victims paid for their bad luck.

 

While these Neanderthal prosecutors are laughing at their victims over cocktails at the country club, their victims are hard at work trying to recover their ruined lives. Is this what our founding fathers had in mind?

[ozzrokk]

i know people have have been charged with possession  and transport  illegal transport ment no protections at all  ,  over 2 grand in fines,

 

 

 

That was the most hurtful thing I've heard today.

 

I wonder what legal options there are in these cases, if any.

 

They have now stoped using  they got 1 year probation  drug tests  loss of driving privilege  90 days suspended jail time,  all for an illegal transport  that turned into a possession  

 

 

And there is the harm that a "HARMLESS" transport law does..........What a fukking shame..........Sue their donkey............

 

Edited to add that I did not say DONKEY lol...........

Edited January 23, 2015 by ozzrokk

[ozzrokk]

I move to remove the word filter..............    Imagine that..............

[trichcycler]

......and what are we going to do to help these wrongly charged people get their life back?   Could an attorney maybe take on a class action pro bono

suit and tighten this tragedy up ?  I would contribute to this effort. the Fieger would be a hero in the community and the headlines would be very exciting.

 

any takers?

[knucklehead bob]

......and what are we going to do to help these wrongly charged people get their life back?   Could an attorney maybe take on a class action pro bono

suit and tighten this tragedy up ?  I would contribute to this effort. the Fieger would be a hero in the community and the headlines would be very exciting.

 

any takers?

 

This  would be something worth contributing to .

 

 

Feiger ? ? ? How very subtle   

[Norby]

How can the MMMA start out with the idea that we are not to be treated differently and then insert language which treats us differently?  I say we call our congresspeople and tell them we want an illegal transport law for all prescription medication?  Unfortunately they would probably take us seriously.

[+Malamute]

Definitely do not go with prescriptions.  It is a felony to carry any prescribed controlled substance outside of its original dispensing container.  They may rarely or haphazardly enforce that law,... but you can bet sweet asss they will charge cannabis users.

[bobandtorey]

all those people in the 750.474 thread wrongly arrested, convicted, fined and even some jailed over this...

 

i'm surprised some person hasnt sued for wrongful arrest, prosecution, etc etc

Sure would like to see it happen in a County we are know of and then some we don't know of also