Medical Marijuana Law Change Can Affect Some Criminal Court Cases

[bobandtorey]

Ida Chinosis uses a marijuana oil extract to control the symptoms of her 7-year-old daughter’s seizures, an effect of her medical condition called 1p26 Deletion Syndrome.

 

 

A registered medical marijuana caregiver for her daughter, Michigan’s medical marijuana law has been vague on whether oils and other marijuana products are included in the state law regulating marijuana for medical reasons.

 

 

“My concern is they fall into a gray area,” Chinosis said prior to a House vote last Wednesday on three bills meant to clarify parts of the state’s medical marijuana law.

 

 

“What happens if I’m reported to DHS,” Chinosis said. “I need to know she’s protected and I’m protected as well.”

 

 

House members concurred with the Senate and sent the three-bill package to the governor for his signature.

 

 

The legislation covers substances besides smoked marijuana, lays out licensing procedures for provisioning centers, and makes other changes to the eight-year-old law, approved by voter referendum in 2008.

 

 

For Chinosis, passage means “I won’t be holding my breath and looking over my shoulder. I know we’re safe and protected and that’s it’s legal.”

 

 

 

MICHIGAN LAW

 

Michigan is among 25 states and the District of Columbia that have legalized smoking marijuana as a medical treatment after a 2008 referendum was approved by voters.

 

 

Since then, the number of people who use marijuana for medical purposes has grown every year, sometimes by leaps.

 

 

There were 4,398 registered patients in 2009, the year after voters approved medical marijuana.

 

 

That number jumped to 38,064 in 2010 and has since soared to 182,091 in 2015.

 

 

Today, there are 212,928 medical marijuana patients in Michigan.

 

 

The rules and regulation of the law were left to the Michigan Legislature to work out, and the the interpretation of it has often fallen to the courts through criminal prosecutions of individuals and caregivers who thought they were complying.

 

 

The legislation approved by the House Wednesday, licenses and regulates medical marijuana provisioning centers, growers, processors, transporters and safety facilities. It also allows people to use alternative forms of marijuana for medical reasons, including oils, edibles, liquids and capsules.

 

 

The three bills moved by the House are:

 

 

• HB4209 - Covers the licensing and regulation of provision centers.

 

 

• HB4210 - Includes alternative forms of marijuana under the state’s medical marijuana law.

 

 

• HB4827 - Sets up seed-to-sale tracking of medical marijuana.

 

 

 

PENDING CASES

 

Jury selection is scheduled to begin Monday morning before Oakland Circuit Judge Nancy Grant in a case against Pete Trzos, whose medical marijuana dispensary in Holly was busted and closed in late January 2013, shortly after it opened.

 

 

Trzos was charged with felonies, and the case against him has languished since through stays, motions, appeals, legal interpretations, and now changes in state law.

 

 

Dave Rudoi, his attorney, said there are some aspects of the legislation the House approved that can be used as part of his defense and some that can’t.

 

 

The legislation allowing other marijuana products besides smoked weed under medical marijuana law was made retroactive, so it does have an impact on some pending legal cases Rudoi said.

 

 

But the legislation governing the licensing and provisioning of medical marijuana centers isn’t retroactive, even though it could impact legal cases going forward.

 

 

“Pete’s trial is on Monday so this law won’t be effective by Monday,” Rudoi said. “In the minds of juries, it still might have an effect, but no legal effect.”

 

 

 

MEDICAL MARIJUANA ELSEWHERE

 

Another looming issue involves whether medical marijuana patients are allowed to purchase guns.

 

 

Marijuana remains a Schedule 1 drug under federal law and illegal to use, even for medical purposes under state law. Purchase of a gun by marijuana users is also prohibited.

 

 

A federal appeals court recently ruled that a federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment constitutional right to bear arms.

 

 

The 9th U.S. Circuit Court of Appeals ruling applied to the nine Western states that fall under the court’s jurisdiction.

 

 

The reply to a query to the Oakland County Sheriff’s Office over whether medical marijuana patients can purchase guns came back as a qualified sort of.

 

 

There’s nothing preventing medical marijuana patients from purchasing guns in Michigan, as long as they don’t have the active ingredient THC in their systems.

 

 

“A medical marijuana card alone does not disqualify a person from purchasing a gun,” the sheriff’s office responded.

 

 

Rudoi, the attorney, clarified further.

 

 

“You’re allowed to own the gun, you’re not allowed to possess it if the THC is in your system,” he said.

 

 

Rudoi said he expects the Western court ruling will be appealed.

 

why it matters

 

 

Why is it needed?

 

Under existing law, more than 211,000 patients registered with the state grow their own marijuana or obtain it from 37,000 designated caregivers who can supply a limited number of people. That system will continue. Supporters say the legislation is needed to allow dispensary businesses that have gone unchecked in some municipalities and have been blocked in others under a Michigan Supreme Court ruling. Backers add marijuana will be safer if it were tested and distributed through a tiered system similar to alcohol. Patients, including children, also could benefit from using alternatives such as marijuana pills, backers say.

 

Opposition

 

Some marijuana advocates say the new 3 percent tax on dispensaries — coupled with adding more middlemen between growers and sellers — would make marijuana a more expensive medicine and potentially lead to more fraud and abuse. There also is criticism that patients who continue growing their own marijuana or buying it from caregivers have to help pay for the additional regulations. The legislation allocates $8.5 million to implement the licensing and tracking systems; the money would come from a fund that is financed with fees that patients and caregivers must pay to get registry ID cards.

 

Local control

 

Growers, processors, shippers, testing facilities and dispensaries (“provisioning centers”) could not obtain a state license unless their local government adopts an authorizing ordinance. Municipalities could cap the number of licenses within their borders and assess no more than a $5,000 fee per license. A state board would charge application and renewal fees to cover costs including for substance abuse programs and law enforcement.

 

Tax revenue

 

Legislative economists have not estimated how much in tax revenue may be generated. The money would be split as follows: 30 percent to the state; 30 percent to counties with a marijuana facility; 25 percent to cities or townships with a facility; 5 percent to the Michigan State Police; 5 percent to county sheriffs; and 5 percent for a law enforcement standards commission. The state’s share initially would go to the general fund. Starting in October 2018, it would be deposited into a fund to cover workers’ compensation benefits for firefighters with certain types of cancer.

 

When will changes happen?

 

The laws will take effect 90 days after they are signed. But people wanting state operating licenses could only begin applying 360 days later, likely sometime in early 2018. The state is required to seek outside bids from companies wanting to create and run the marijuana tracking system. Once a contract is awarded, the firm would have 180 days to deliver.

 

http://www.theoaklandpress.com/special-news-reports/20160916/medical-marijuana-law-change-can-affect-some-criminal-court-cases?source=most_viewed

 

[Wild Bill]

I wonder if they'll be raiding the existing dispensaries to clear the way for the new big money legal establishments?

Does anyone think they'll be grandfathered in?

[beourbud]

""A federal appeals court recently ruled that a federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment constitutional right to bear arms.

 

 

The 9th U.S. Circuit Court of Appeals ruling applied to the nine Western states that fall under the court’s jurisdiction.

 

 

The reply to a query to the Oakland County Sheriff’s Office over whether medical marijuana patients can purchase guns came back as a qualified sort of.

 

 

There’s nothing preventing medical marijuana patients from purchasing guns in Michigan, as long as they don’t have the active ingredient THC in their systems.

 

 

“A medical marijuana card alone does not disqualify a person from purchasing a gun,” the sheriff’s office responded.

 

 

Rudoi, the attorney, clarified further.

 

 

“You’re allowed to own the gun, you’re not allowed to possess it if the THC is in your system,” he said.

 

 

Rudoi said he expects the Western court ruling will be appealed.

 

why it matters""

 

Edited Oops my bad

Edited September 19, 2016 by beourbud

[free420country]

Good info here

[Highlander]

""A federal appeals court recently ruled that a federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment constitutional right to bear arms.

The 9th U.S. Circuit Court of Appeals ruling applied to the nine Western states that fall under the court’s jurisdiction.

The reply to a query to the Oakland County Sheriff’s Office over whether medical marijuana patients can purchase guns came back as a qualified sort of.

There’s nothing preventing medical marijuana patients from purchasing guns in Michigan, as long as they don’t have the active ingredient THC in their systems.

“A medical marijuana card alone does not disqualify a person from purchasing a gun,” the sheriff’s office responded.

Rudoi, the attorney, clarified further.

“You’re allowed to own the gun, you’re not allowed to possess it if the THC is in your system,” he said.

Rudoi said he expects the Western court ruling will be appealed.

why it matters""

Edited Oops my bad

This ruling is a joke. A bad joke on MMJ folks in the western states. The courts ruled that the fact that a person has an MMJ card is more/less evidence that the person is using MMJ. This is about like saying that any person 21+ who has a driver's license is drunk every time they get behind the wheel simply because they are legal to drink.

 

I'll,give a little bit of cred to the Oakland county cop who was quoted in this artical. ....as he said as long as you don't have THC in your system. If I go to a gun show and buy a rifle, no one is gonna know if I had THC in my system at that time.

[Kingdiamond]

I wonder if they'll be raiding the existing dispensaries to clear the way for the new big money legal establishments?

Does anyone think they'll be grandfathered in?

Not a chance someone with deep pockets bought these bills and you can bet if you did not have money in the pile that went to buy these bills your  shop is going bye bye.

[+Malamute]

The NRA refuses to help  protect medical cannabis patients. 

 

 They are just right wing political hacks nowadays.

[phaquetoo]

This ruling is a joke. A bad joke on MMJ folks in the western states. The courts ruled that the fact that a person has an MMJ card is more/less evidence that the person is using MMJ. This is about like saying that any person 21+ who has a driver's license is drunk every time they get behind the wheel simply because they are legal to drink.

 

I'll,give a little bit of cred to the Oakland county cop who was quoted in this artical. ....as he said as long as you don't have THC in your system. If I go to a gun show and buy a rifle, no one is gonna know if I had THC in my system at that time.

I am pretty sure I have had thc in my system most of my life!

 

One time when I was way over weight (for me and my height) 278 lbs it took over 90 days to get thc out of my system, now I weigh 175 and I can get it out quicker than 30 days w/o cheating!

 

Pointe being if I stayed on oxci's and morphine, methadone,  I was allowed to buy a gun?  what a joke!

 

You know the saying, out of my cold dead hands eh!

 

Peace

[bobandtorey]

I also agree with you all as we all know the Courts use the Gun charge to get you to plead out most times