A Prosecutor's 5 Tips For Medical Marijuana Users

[bax]

http://www.mlive.com/news/flint/index.ssf/2016/06/a_prosecutors_5_tips_for_medic.html

 

Kind of a worthless article, One can use it as evidence of bad legal advice from said prosecutor ?

 

Changes

 

Police agencies across the state have raided medical marijuana dispensaries in recent months. Meanwhile, recent court cases and ballot initiatives sought to redefine the future of marijuana use in the state of Michigan. Facing the evolving landscape, Genesee County Prosecutor David Leyton issued five reminders for medical marijuana users in the state.

 

 

People v. Bylsma

 

Leyton, a past president of the Prosecuting Attorneys Association of Michigan and former attorney general candidate, decided to address the issue following the May appeals court decision in the state’s case against marijuana co-op owner Ryan Bylsma. The court ruled the state’s medical marijuana law offered no defense to Bylsma and another marijuana dispensary owner.

 

1. Patients and caregivers

 

“The only person that may lawfully deliver marijuana to a MMMA patient is that patient’s registered caregiver,” according to Leyton. The state’s medical marijuana law allows a patient to designate one caregiver, who can then cultivate and deliver marijuana to up to five designated patients. A caregiver must be at least 21 and have no felony illegal drug convictions, violent felony convictions or any felony convictions within the past 10 years. Caregivers can possess up to 12 plants or 2.5 ounces of useable marijuana per patient.

 

 

2. Overages

 

“A patient authorized to grow marijuana plants or a certified caregiver may not sell or give their ‘overages’ (any amount exceeding 2.5 ounces of marijuana or that amount that a patient is known to reasonably need to treat their medical condition) to a person not formally connected to them through the Michigan Medical Marijuana program,” according to Leyton.

 

 

 

3. Dispensaries

 

“There is no lawful business that can receive ‘overages’ of marijuana for resale or delivery for donation to third parties just because that third person has a MMMA card, i.e. no marijuana dispensaries. Any person delivering to persons not their registered patient, or running a business that allows such deliveries, is unlawfully delivering marijuana subject to prosecution under the Controlled Substance Act,” according to Leyton.

 

 

4. Local zoning

 

“A permit relating to zoning or the allowance of a marijuana business by a local municipality does not change any of the foregoing under state law as it currently exists,” according to Leyton.

 

Earlier this year, a judge dismissed a criminal case against a Port Huron Township couple after they claimed local officials gave their compassion center permission to operate. The facility was raided by the St. Clair County Drug Task Force, which the couple asked to inspect the operation.

 

5. Landlords

 

“If you are a landlord renting a building to an illegal marijuana dispensary the rent received from this illegal dispensary may be subject to forfeiture owing to the fact that these are not lawful business enterprises,” according to Leyton. State law allows prosecutors to initiate civil forfeiture cases against those making money off of illegal activity. Authorities may be able to seize money and assets connected to the illegal activity.

 

 

Bending science

 

A federal lawsuit claims state police crime labs intentionally misrepresent marijuana oil and edibles as having an unknown origin, which allows authorities to turn a misdemeanor charge into a felony. The tactic, the suit claims, removes protections under the state’s medical marijuana law. The state police declined to comment on the claims.

Courtesy photo

 

Going legal?

 

Marijuana advocacy group MILegalize turned in 354,000 signatures to the state for review to legalize recreational marijuana in Michigan. However, the Board of State Canvassers blocked their attempt by claiming a number of the signatures were collected prior to a 180-day time window. The group has filed a lawsuit asking a court to put the issue on the November general election ballot.

Edited August 1, 2016 by bax

[pic book]

Does anyone else find this utterance strange, weird and unsettling, coming from prosecutor Leyton of the county that allows continued operation by G3C?.

[bax]

leyton talks out of both sides of his mouth. so hes probably playing both sides.

[phaquetoo]

its the same thing as gaylord, the city of gaylord gave despense's operating liscenses and the county busted them!

 

If an incorporated city allows mm sales in despense's I beleive the county should keep their hands off of that city, they have their own police dept, city concil and mayor!

 

Back off otsego county idiots!

 

Peace