4209 And Others Not Dead?

[+Malamute]

...and  the whole transportation thing...

[CedarSpringsCG]

They stole 8.9mill from patients to pay for dispensaries andopenedup the confidential system to private entities.

Well, I would rather them steal it to provide a service some patients can use instead of giving it to police for "training" which they really use for overtime to raid people...

 

Just in case you didn't know, the 30 million surplus the MMMA has is being given out in grants to police departments who are using them to raid patients...

Edited September 8, 2016 by CedarSpringsCG

[matt79]

I think the law goes into effect in 360 days aftee being signed

Edited September 8, 2016 by matt79

[Willy]

So for us layman what do these laws really mean to a caregiver and patient.

[free420country]

So does this mean they now know who we all are, even if we have never been to a dispensary? Will they just be able to search at will and find out who we all are?....

[free420country]

I just read threw 4210 and it really seemed to be a good deal for us..we can make edibles, concentrates,even bho if we do it outside and also makes it legal to have 36oz of concentrates liquid that only counts as 1 oz. Looks like a good deal....just my opinion

[t-pain]

I'm losing sleep this election cycle :/

[Highlander]

This story claims it passed 28-9. HB 4210 does amend the MMMA.

 

http://www.mlive.com/news/index.ssf/2016/09/senate_moves_to_clear_up_legal.html

This story claims it passed 28-9. HB 4210 does amend the MMMA.

 

http://www.mlive.com/news/index.ssf/2016/09/senate_moves_to_clear_up_legal.html

Thank you. I hadn't looked at 4210. In my initial read of 4210, I'm pleased to see some good changes. The bill replaces "shall" in many places with better language. I've read a lot about how "shall" has been used loosely in recent years and that "shall" means more or less "has a duty to" but "shall" has been used frequently where it shouldn't have been used.

 

Example: F) (e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall DOES not constitute the sale of controlled substances.

 

This falls in line with an argument I have been making for years - that the intent of the MMMA wasn't to put the onus on a CG that the CG has to prove that receiving compensation for providing MMJ doesn't constitute a sale. This amended language clears that up. By taking "shall" out of the language and replacing it with "does not" is a huge step for CGs.

 

This is a subtle but monumental change.

[keylan]

Although unfortunately last minute amendments were approved that make BHO manufacture totally illegal on residential property. And theoretically you can only have 2.5 ounces of concentrates, but the police think you can have 17.5 grams, and others might read it to mean 90 fluid ounces. It is not solid language, but the 2.5 ounces is where it will likely fall based on definition.

So if I have the infamous pan of Brownies I'm still over because they are still counting the total weight. What about just oil ??? I'm confused and prefer to err on the side that keeps me out of court

[+Malamute]

What is CURTILAGE?

The enclosed space of ground and buildings immediately surrounding a dwelling-house. In its most comprehensive and proper legal signification, it includes all that space of ground and buildings thereon which is usually enclosed within the general fence immediately surrounding a principal messuage and outbuildings, and yard closely adjoining to a dwelling-house, but it may be large enough for cattle to be levant and couchant therein. 1 Chit. Gen. Pr. 175. The curtilage of a dwelling-house is a space, necessary and convenient and habitually used for the family purposes, and the carrying on of domestic employments. It includes the garden, if there be one. and it need not be separated from other lands by fence. State v. Shaw, 31 Me. 523; Com. v. Rarney, 10 Cush. (Mass.) 480; Derrickson v. Edwards, 29 N. J. Law, 474. SO Am. Dec. 220. The curtilage is the court-yard in the front or rear of a house, or at its side, or any piece of ground lying near, enclosed and used with, the house, and necessary for the convenient occupation of the house. People v. Geduey, 10 Ilun (X. Y.) 154. In Michigan the meaning of curtilage lias been extended to include more than an enclosure near the house. People v. Taylor, 2 Mich. 250.

[pergamum362]

What is CURTILAGE?

 

The enclosed space of ground and buildings immediately surrounding a dwelling-house. In its most comprehensive and proper legal signification, it includes all that space of ground and buildings thereon which is usually enclosed within the general fence immediately surrounding a principal messuage and outbuildings, and yard closely adjoining to a dwelling-house, but it may be large enough for cattle to be levant and couchant therein. 1 Chit. Gen. Pr. 175. The curtilage of a dwelling-house is a space, necessary and convenient and habitually used for the family purposes, and the carrying on of domestic employments. It includes the garden, if there be one. and it need not be separated from other lands by fence. State v. Shaw, 31 Me. 523; Com. v. Rarney, 10 Cush. (Mass.) 480; Derrickson v. Edwards, 29 N. J. Law, 474. SO Am. Dec. 220. The curtilage is the court-yard in the front or rear of a house, or at its side, or any piece of ground lying near, enclosed and used with, the house, and necessary for the convenient occupation of the house. People v. Geduey, 10 Ilun (X. Y.) 154. In Michigan the meaning of curtilage lias been extended to include more than an enclosure near the house. People v. Taylor, 2 Mich. 250.

 

is that word in the language in one of the bills? I just got through with 4209, gona save the others for morning

[+Malamute]

They added these amendments last minute on the floor:

 

 

 

House Bill No. 4210, entitled

A bill to amend 2008 IL 1, entitled "Michigan medical marihuana act," by amending sections 3, 4, 6, and 7 (MCL

333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as

amended by 2012 PA 514, and by adding sections 4a and 4b.

 

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"TITLE

An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the

medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary

caregivers; to impose a fee for registry application and renewal; TO MAKE AN APPROPRIATION; to provide

for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to

provide for affirmative defenses; and to provide for penalties for violations of this act.".

 

2. Amend Page 4 , following line 14, by inserting:

"(G) "MARIHUANA PLANT" MEANS ANY PLANT OF THE SPECIES CANNABIS SATIVA L." and

relettering the remaining subdivisions.

 

3. Amend Page 4, following line 26, by inserting:

"(J) "PLANT" MEANS ANY LIVING ORGANISM THAT PRODUCES ITS OWN FOOD THROUGH

PHOTOSYNTHESIS AND HAS OBSERVABLE ROOT FORMATION OR IS IN GROWTH MATERIAL."

and relettering the remaining subdivisions.

 

4. Amend page 19, line 14, after "program." by inserting "FOR THE FISCAL YEAR ENDING SEPTEMBER

30, 2016, $8,500,000.00 IS APPROPRIATED FROM THE MARIHUANA REGISTRY FUND TO THE

DEPARTMENT FOR ITS INITIAL COSTS OF IMPLEMENTING THE MEDICAL MARIHUANA

FACILITIES LICENSING ACT AND THE MARIHUANA TRACKING ACT.".

 

5. Amend page 20, line 11, after "EXTRACTION" by striking out the balance of the line and inserting "IN ANY

PUBLIC PLACE OR MOTOR VEHICLE, OR INSIDE OR WITHIN THE CURTILAGE OF ANY

RESIDENTIAL STRUCTURE.

(7) SEPARATE PLANT RESIN FROM A MARIHUANA PLANT BY BUTANE EXTRACTION IN A

MANNER THAT DEMONSTRATES A FAILURE TO EXERCISE REASONABLE CARE OR RECKLESS

DISREGARD FOR THE SAFETY OF OTHERS.".

 

6. Amend page 21, line 22, after "offense." by inserting "Retroactive application of this amendatory act does not

create a cause of action against a law enforcement officer or any other state or local governmental officer, employee,

department, or agency that enforced this act under a good-faith interpretation of its provisions at the time of

enforcement.".

 

[+Malamute]

So, the above amendment number 5 would look like this. Black being amendment added from house. Blue being new language added by the Senate. Red being stricken by the Senate.

 

 

 

 

(6) SEPARATE PLANT RESIN FROM A MARIHUANA PLANT BY BUTANE

      EXTRACTION INSIDE A RESIDENTIAL STRUCTURE.   IN ANY

      PUBLIC PLACE OR MOTOR VEHICLE, OR INSIDE OR WITHIN THE CURTILAGE OF ANY

      RESIDENTIAL STRUCTURE.

(7) SEPARATE PLANT RESIN FROM A MARIHUANA PLANT BY BUTANE EXTRACTION IN A

      MANNER THAT DEMONSTRATES A FAILURE TO EXERCISE REASONABLE CARE OR RECKLESS

      DISREGARD FOR THE SAFETY OF OTHERS.".

 

 

 

[+Malamute]

And btw, can I laugh about butane extraction in a motor vehicle....

 

[+Malamute]

Aren't there 38 senators?  If so, do they count the unvoted?  Or do they only count actual votes?  28 out of 38 is 73%, not 75%.  but if they only count the ones actually voted it would be 75.6%...  So maybe we are good to go.

 

I hope so, I have a couple really awesome recipes that I would love to start making again.

 

There is currently only 37 Senators serving due to a resignation in District 4. Virgil Smith in Detroit due to a  prison sentence.  But he would have voted for it almost definitely,...so,....yea.

[+Malamute]

So if I have the infamous pan of Brownies I'm still over because they are still counting the total weight. What about just oil ??? I'm confused and prefer to err on the side that keeps me out of court

 

you can have 16oz of brownies. When the law passes etc.

 

 

Edit: correction

 

 1 oz of usable = 16oz brownies(edible substance)

 

  so 40 oz brownies = 2.5 oz of usable marijuana.

[jamieuke]

I thought it was always 180 days for petitions.

The only time the 180 limit to petition has ever been the law- is when Governor Snyder signed SB 776 and created PA142 in June of this year.

[pergamum362]

So where does that leave patients/cg to make bho or other similiar extracts? Would i have to rent an industrial site, for the sole purpose of making extracts? Yes mal...i think we all can laugh about making bho in a car..but then again, history has shown there are severely intelligence deficient people.

[+Malamute]

I know. I laugh now... but I am seriously wondering who will be the first one to get busted for making BHO in their camper at the state park. 

 

My money is on phaqutoo. Complete idiot. right up his alley.

 

 

Hahahaha.....

 

[cristinew]

[cristinew]

Now i see who got this into the language , secure transport.

[+Malamute]

Transport was done for Boji. They wanted distributorships but got transport.

[Highlander]

I know. I laugh now... but I am seriously wondering who will be the first one to get busted for making BHO in their camper at the state park. 

 

My money is on phaqutoo. Complete idiot. right up his alley.

 

 

Hahahaha.....

 

No need for personal insults here. I have a high degree of respect for everything you post and appreciate all you do and have done for the MMJ movement in Michigan. But geeze, why insult Phaque? His posts have been pretty clear about the dangers of BHO extraction. Like most MMJ patients, he has issues and maybe sometimes comes across as combative. But he offers good advice. He's one of the few members here who has gone through the wringer more than once and is willing to share the experience, presumably to help others.

[medmanmike]

16 oz of brownies, x 2.5 = 2.5 pounds.

if 1 oz bud = 16 oz of brownies, wouldn't 40 oz of brownies = 2.5 oz bud?

 

1 : 16

2.5 : 40

 

The factor is 2.5. 2.5 X 16 = 40.

[+Malamute]

No need for personal insults here. I have a high degree of respect for everything you post and appreciate all you do and have done for the MMJ movement in Michigan. But geeze, why insult Phaque? His posts have been pretty clear about the dangers of BHO extraction. Like most MMJ patients, he has issues and maybe sometimes comes across as combative. But he offers good advice. He's one of the few members here who has gone through the wringer more than once and is willing to share the experience, presumably to help others.

 

 

its a joke.