Milegalize Draft Comments

[t-pain]

comments based off this

http://milegalize.com/wp-content/uploads/2015/04/Petition.pdf

 

 

marijuana and thc must be removed from controlled substances in michigan law. to do otherwise would cause a lot of problems, especially with feds because feds wont interefere with state law if marijuana is legal, but since marijuana is still schedule 1 at state level they can say they are just enforcing state law prohibition on marijuana.

 

physician recommendation definition opens it up to out of state doctors issuing recommendations over the phone. cool with me, but the legislature might think it was unintended unless you write it out specifically.

 

also, does this mean MD and DO like mmma law? or does it also include psych and dentists (dds) and podiatrists (dpm) and optometrists (OD)? if it does or does not include those please be specific in the language.

 

sec 3 has a few double negatives and gets confusing to read.

 

 

 

 

 

Sec. 3. Notwithstanding any other provision of law, the following acts are not unlawful or a civil or criminal offense under the laws of this state or any county or locality within this state and are not a basis for seizure or forfeiture of assets under laws of this state or any county or locality within this state when performed by a consumer:

i am not a fan of the wording of that above section.

 

would changing it to "the following acts are lawful, and are not a civil nor criminal offense ..." work better?

 

 

sec3(f) Assisting another consumer in any of the acts described in subdivisions (a) to (d).

 

so a person is not protected in assisting another consumer for (e) ?

(e) Consuming marihuana on private property, or on public property as otherwise allowed

by law.

 

thats bogus. what if someone needs a light or someone to hold a bong? or hold a bag?

 

(a) Acquiring, possessing, using, or transporting marihuana, marihuana products, or

marihuana accessories.

(e) Consuming marihuana on private property, or on public property as otherwise allowed by law.

whats the difference between (a) using marihuana and (e) consuming marihuana ?

 

 

 

whats the diff here, between "any other provision of law"

and "any other provision of law to the contrary"?

 

 

 

 

Sec. 4. (1) Notwithstanding any other provision of law

Sec 5. (a) Notwithstanding any other provision of law to the contrary

 

Sec. 9. This act does not authorize driving or operating under the influence of marihuana

 

i'd rather adopt language about driving or operating while impaired by marihuana. you can be influenced by marihuana while still not being impaired.

 

 

The state and any locality are prohibited from using any per se nanogram limit per unit of blood of tetrahydrocannabinol or other cannabinoids as criteria to determine whether the operator of a motor vehicle is under the influence of marihuana or impaired by marihuana.

yeah, so they cant use per se nanogram limits. what about using smell of marihuana to find a person is influenced? or asking the driver if they smoked in the last 30 days? a city could enact "if the driver said he smoked within 24 hours, he is to be considered influenced by marihuana and fined $1000 and 30 days in jail".

 

 

 

why no affirmative defense? why no jury nullification? marijuana is still a schedule 1 controlled substance under michigan law.

Edited April 15, 2015 by t-pain

[slipstar059]

I haven't seen the language, but check out prop 48 out of Mississippi.  Here's a quick rundown.

 

1. To legalize cannabis for adults so that it is regulated just like alcohol.
2. To legalize Industrial Hemp so that farmers can grow it under the purview of the MS Dept of Agriculture which shall test their crops for THC levels (they do not pay the 7% sales tax).
3. To allow adults to raise cannabis, no more than 9 plants for their personal, private use, and they can gift and barter their cannabis just like alcohol. Adults can raise more than 9 plants, but they are then defined as cannabis farmers, and have to pay an annual fee to their locality.
4. To allow localities (city and county governments) to collect an annual fee of $25.00 or more, if a cannabis or industrial hemp farm is established in their territory, which is defined as an adult growing more than 10 cannabis plants, the more cannabis plants the higher the fee, not to exceed $1000.00. The locality keeps the fee, which can be adjusted every 5 years beginning in 2020.
5. Cannabis will be taxed 7% with the exception of Industrial Hemp and medicinal cannabis, which are not taxed. The cannabis tax collected benefits Mississippi Public Schools and Universities until 2020 when it reverts to the general fund and the tax amount can be revisited bu t only if it is to be lowered.
6. If adults want to sell cannabis, they can get an annual sales license from any County Circuit Clerk for $1000.00 and they are to charge a 7% sales tax, with the exception of Industrial Hemp farmers who do not need this license, nor to charge the tax. Businesses can sell the many types of cannabis products only to adults, that are available as long as they have a license: Florists, bakeries, co-ops, nurseries, pharmacies and dispensaries (no tax for medicinal cannabis), etc. The MS Dept of Health is to be directed by the MS Legislature to set up dispensaries and issue medical cannabis cards, similar to Arizona.
7. Regulations/punishments about cannabis abuse are to be reduced by our legislature by so that they are no greater or even lesser than those for alcohol abuse.
8. EMPTY OUR PRISONS and end parole and DRUG COURT for cannabis offenders. The governor shall implement this Constitutional amendment by pardoning current and former persons convicted of non -violent cannabis violations against the State of Mississippi who properly petition for the pardon . Compliance with our MS Constitution means they must first announce their request for pardon in a specific newspaper before they petition the governor for their pardon.
9. Expungements: Currently, a person seeking expungment for a Mississippi cannabis conviction of simple possession, must petition the court where the conviction occurred, with notice to the prosecution, and the Judge will ultimately decide whether it will be granted or not. We asked that the MS Legislature amended our law to include the ability to expunge for manufacturing or sale of cannabis

 A decentralized project

Part of what makes the initiative in Mississippi such a bold undertaking is the number of petition signatures organizers must gather in each of five legislative districts throughout the state. Each district requires 21,443 signatures for Prop 48 to make it to the ballot, and if any one of those districts fails to produce enough signatures then the measure automatically fails. The total number of voter signatures needed statewide is approximately 107,000.

To accomplish this organizers from two different legalization organizations, the Mississippi Alliance for Cannabis and Team Legalize, have teamed up to empower volunteers to collect the signatures needed, equipping them with petitions and voter registration forms and instructions for turning signatures in to their county court clerk. According to the initiative’s author, Kelly Jacobs, it is important for volunteers to act quickly in order to get the measure on the 2016 ballot.

“In order for BI 48 to appear on the 2016 presidential ballot, Mississippians must hurry and get their petitions certified by their Circuit Clerks no later than July 2015 so that they can all be submitted to the SOS no later than the October 2, 2015 deadline. If we do not have enough certified signatures by the October 2nd submission deadline, we can continue to collect signatures until our one year deadline 12/29/15 but then BI 48 would be presented on the 2017 ballot.”

 

SIDE NOTE: Did you know the federal government grows their marijuana in Mississippi? Dr. Mahmoud ElSohly has run the federal government’s Marijuana Research Project at the University of Mississippi since 1980.

Many people new to the idea of cannabis law reform are often surprised to learn that the federal government has been growing their own supply of marijuana in Mississippi for over 45 years.

Since 1968, the National Institute on Drug Abuse has contracted with the University of Mississippi to grow, harvest and process marijuana and to ship it to licensed facilities across the country for research purposes. The lab also collects samples of marijuana seized by police to determine its potency and to document national drug trends.

The federal marijuana farm serves as the only source of material for government-approved cannabis researchers across the country, and also provides a steady supply of marijuana for the few remaining members of a government-run program that began in 1978 known as the Investigational New Drug, or IND Program.

 

Here is a video with interviews from two patients who have been receiving marijuana through the IND Program for nearly 40 years. These patients receive 300 pre-rolled joints per month filled with cannabis that was grown in Mississippi.

Edited April 15, 2015 by slipstar059

[slipstar059]

It seems like they want a lot for licensing.  Which means it's prohibitive, which means the black market thrives, which is a bad thing.  Why can't you write in costs for different levels of participation. If your putting together language why restrict citizens, from being able to participate as good actors? What about banking?  The excise tax is fine, It's low-enough to allow companies to compete with the black market, but there wouldn't be one if starting a business was all inclusive. What about financial stimulation from out of state, did I miss the part where this would bar out of state money from coming in and setting up shop?  If people want to make money from Michigan, then they should be required to invest in Michiganders.

[+Malamute]

If marijuana is just flat out legalized, there is no black market. It becomes the legal market.  :-)

 

I get tired of marijuana users dissin on the "black' market.  Everyone knows it is not a big deal and not like the cocaine black market or something.  Its just marijuana. No big deal.

[t-pain]

by black market we're talking about the cartels, mal.

 

the making whoopee cartels , they are a huge deal. when marijuana is legal - fully - the cartels will shrink.

[Quadcarl]

When I lived in Wisconsin 3/4 of what I smoked came from the west coast. Through a few different friends who had a friend out there

[slipstar059]

T-pain is right, and being on an international border, there's a lot of marijuana coming in from Japanese mobsters in Canada. As more states legalize they move on to the next states that haven't.  If we knock out the profit incentives in Michigan, it becomes downright dangerous for them to continue.  It's easy for them to come here and drop it off, when the extent of the trip means they cross the border, then turn around and go home, but if they have to travel through state to get to anyone that's interested in buying from them... Also Canadians trade their high priced Cannabis for cocaine, because Canada is flooded with weed, and cocaine is a bigger payday for them so...

 

I'm sure you've seen The Union, but if not start at 49:36

https://www.youtube.com/watch?v=FvFRDImJ4QI

[slipstar059]

Another question, this might seem silly, but why are we still using the racially charged word Marihuana to describe the Cannabis plant, why not use the Scientific names Cannabis Sativa, and Cannabis Indica? 

[trichcycler]

+1^  proper representation may fuel better understanding

[juicer131]

we ll here's an idea I've been kicking around see if As long As they're redoing this law or if it's passe what about adding a consultation clasdification called "mentor". right now it seems like people that need genetics are signing up as a patient to a more experienced grower. getting their clones and that takes up a space he can't then have for another patient and it really doesn't fit because the experienced grower is not really care giver he's just a mentor. so if they were called "mentor" maybe they even have to take half a day class like a drivers training class on legislate all the rules and also he can tell the newbie don't go to school yard to make your transfers things of that nature and also he could be compensated for his experience because right now it seems like the only people that can go into the grower is the grower so how does the grower get any advice on a set up if he can't get a more experienced person in there take a look at it for him and some of these questions are trying to be answered on the forums which is nice but sometimes somebody could just eyeball it going in there and saying well here's the problem is too cold or here's the problem you know not enough light or you know what I mean in the way I understand it right now that nobody can go into the grow room except a grower not his wife not friends not the patients nobody so you know as a "mentor" classification that would allow the mentor maybe to have up to 12 clones under two feet tall for each of the patience of the people that he mentors so if he's mentoring to growers and they have five patients you could have 10 clones for each of the five at a time to go a hundred clones that you could then supply and experienced growets could make a transition if they wanted to from grower caregiver to mentor and have less responsibility if they wanted for the growing and so on. it was just an idea let me know what you think plus it would give oversight level that the police might appreciate you know if they knew that new be here wasn't going to be putting all this skunk out into the driveway with his neighbors complaints it would be one less Patrol visit that tjey have to do and it would add a layer of professionalism to the whole experience just my thoughts Thanks

P.s.

sorry for the run on sentence and so forth but I'm doing this verbally on my handheld because my laptop's down thanks for understanding

[trichcycler]

we ll here's an idea I've been kicking around see if As long As they're redoing this law or if it's passe what about adding a consultation clasdification called "mentor". right now it seems like people that need genetics are signing up as a patient to a more experienced grower. getting their clones and that takes up a space he can't then have for another patient and it really doesn't fit because the experienced grower is not really care giver he's just a mentor. so if they were called "mentor" maybe they even have to take half a day class like a drivers training class on legislate all the rules and also he can tell the newbie don't go to school yard to make your transfers things of that nature and also he could be compensated for his experience because right now it seems like the only people that can go into the grower is the grower so how does the grower get any advice on a set up if he can't get a more experienced person in there take a look at it for him and some of these questions are trying to be answered on the forums which is nice but sometimes somebody could just eyeball it going in there and saying well here's the problem is too cold or here's the problem you know not enough light or you know what I mean in the way I understand it right now that nobody can go into the grow room except a grower not his wife not friends not the patients nobody so you know as a "mentor" classification that would allow the mentor maybe to have up to 12 clones under two feet tall for each of the patience of the people that he mentors so if he's mentoring to growers and they have five patients you could have 10 clones for each of the five at a time to go a hundred clones that you could then supply and experienced growets could make a transition if they wanted to from grower caregiver to mentor and have less responsibility if they wanted for the growing and so on. it was just an idea let me know what you think plus it would give oversight level that the police might appreciate you know if they knew that new be here wasn't going to be putting all this skunk out into the driveway with his neighbors complaints it would be one less Patrol visit that tjey have to do and it would add a layer of professionalism to the whole experience just my thoughts Thanks

P.s.

sorry for the run on sentence and so forth but I'm doing this verbally on my handheld because my laptop's down thanks for understanding

 

the state calls mentors "caregivers", limits their plant counts, and the amount of people they can help. many caregivers have ongoing patient openings that go unfilled. I identify potential caregivers before I register a new patient. I mentor as best as I can, provide clones/cuttings when they're ready and ongoing support if needed when they separate. I've made lifelong friends this way, which is a bonus!

 

What would be the specific differences in your plan besides plant counts and number of people I am allowed to help?

 

peace, welcome to the forum!