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Judges Hostile To Medical Marijuana, Attorney Says


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#1 bobandtorey

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Posted 10 June 2017 - 08:45 AM

GRAND RAPIDS, MI - The state Supreme Court refused to hear appeals of a medical-marijuana cooperative grower and a dispensary owner.

Attorney Bruce Block, who has waged a seven-year court battle on behalf of a client with a cooperative grow in Grand Rapids, says some judges cannot accept legalization of marijuana for medical purposes.

"There has been this inherent hostility of the judiciary, in my view," Block told MLive and The Grand Rapids Press.

 

His client, Ryan Bylsma, pleaded guilty to a high-court misdemeanor of maintaining a drug house and possession of marijuana for operating a collective grow operation in 2010. He helped caregivers and patients grow marijuana in a Grand Rapids warehouse.

The other defendant, David Overholt, who had a dispensary, Mid-Michigan Compassion Club on Leonard Street NW, pleaded no contest to delivery or manufacture of marijuana.

They had separate cases.

 

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Neither was allowed to raise the medical marijuana law as a defense in Kent County Circuit Court.

Both Bylsma and Overholt contended they acted legally under Section 8 of the medical marijuana law.

The section allows defendants to assert the defense, even if they are not registered patients or caregivers, if they can show the marijuana was used for a medical purpose.

Block said that Section 8 is intended to stand on its own.

Healing or dealing? Grand Rapids medical marijuana dispensary owner heads to trial

The state Court of Appeals said a defendant would also have to "qualify as a 'patient' or 'primary caregiver ... '

"As such, we hold that to be in compliance with the MMMA (Michigan Medical Marijuana Act) - and therefore to be eligible to raise a defense under Section 8 in a prosecution for marijuana-related conduct - an individual must either be a 'patient' himself or the 'primary caregiver' of no more than five qualifying patients, as those terms are defined and understood under the MMMA."

Block said that a lot of otherwise law-abiding people have been tripped up while trying to conform to requirements of the medical marijuana law. He had hoped that the Supreme Court would hear the appeals.

Instead, he said, the Supreme Court "allowed a fatally flawed Court of Appeals decision to be the law. ... This was an excellent opportunity for the Supreme Court to step in and set the record straight."

Block, author of "Michigan Medical Marijuana Guide," said he would not have fought so long if he didn't think he had a strong case.

The Court of Appeals has "very narrowly construed" the medical marijuana law, which was approved by Michigan voters in 2008.

"It's a moving target. I mean, it is. It's a moving target and this (ruling) doesn't help," Block said.

 

http://www.mlive.com...dical_mari.html



#2 loosource

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Posted 10 June 2017 - 09:27 AM

Not surprising at all. Many judges have spent their entire career playing their part in ruining the lives of many innocent people. These people commited no crimes against others.  It must be hard to come to terms of legalization for them. To see their own wrongdoings....no they will just say in their head "I was not doing anything wrong" "it was the law!" pure making whoopee evil!


Edited by loosource, 10 June 2017 - 09:28 AM.

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#3 Malamute

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Posted 10 June 2017 - 03:00 PM

Both of these guys violated the MMMAct, both of them knew darn well they were violating the MMMAct, neither of them cared they were breaking the MMMAct(until they got busted) and they paid a small price.  I don't think anyone should get busted for marijuana,  but these 2 purposefully exceeded the law by far and knew they were doing so.  I have zero pity for them as individuals because they were giving caregivers a bad name.  They were only thinking of themselves and not how their actions were negatively impacting caregivers following the law. This was a case of pure greed.



#4 ANHEMP

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Posted 10 June 2017 - 05:33 PM

Just leave out the "no one should get busted for a plant" part.  You're not fooling anyone.  If you felt that way you wouldn't go on to justify them getting busted and feeling no remorse because "all caregivers are just like every other caregiver".  That's the only way 2 caregivers could give caregiving a bad name.  If we're all the same right?  Does one bad cop give them all a bad name?  1 scientist?  1 teacher?  1 doctor?  I sure hope not. 

 

And as you saw, they couldn't use the MMMAct in court, so they weren't even technically cg or patients.

 

Both of these guys violated the MMMAct, both of them knew darn well they were violating the MMMAct, neither of them cared they were breaking the MMMAct(until they got busted) and they paid a small price.  I don't think anyone should get busted for marijuana,  but these 2 purposefully exceeded the law by far and knew they were doing so.  I have zero pity for them as individuals because they were giving caregivers a bad name.  They were only thinking of themselves and not how their actions were negatively impacting caregivers following the law. This was a case of pure greed.



#5 Malamute

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Posted 10 June 2017 - 07:23 PM

Just leave out the "no one should get busted for a plant" part.  You're not fooling anyone.  If you felt that way you wouldn't go on to justify them getting busted and feeling no remorse because "all caregivers are just like every other caregiver".  That's the only way 2 caregivers could give caregiving a bad name.  If we're all the same right?  Does one bad cop give them all a bad name?  1 scientist?  1 teacher?  1 doctor?  I sure hope not. 

 

And as you saw, they couldn't use the MMMAct in court, so they weren't even technically cg or patients.

 

If what I thought mattered, this wouldn't be an issue; but it doesn't matter what I think, it matters what those in power  think. And many of those in power believe caregivers have abused the system(just like these 2 guys) and they use these examples to attack the MMMAct, patients, caregivers, and physicians.  It doesn't take too many bad examples to scar perception.  I've dealt with it for years now.  It is real, it is dangerous to the MMj program, and self interest superceded any other concern for these two.

 

I could care less they sell and grow pot, even if by the hundred of thousands of plants.  I do care when those people pretend and try to find shelter and profit under the guise of being 'caregivers' as defined in the MMMAct.  Go... be illegal. Grow to your hearts content,.... but don't give those trying to follow a successful program a bad name by growing in warehouses and pretending you aren't just a street corner dime bag dealer because you rented out the store behind you and suddenly pretend you actually "care about sick people' when you are specifically abusing the MMMAct and making it harder for everyone else in the program.

 

It does give the program a bad name.  It does effect how those in power plan to deal with these 'bad actors".  They plan to deal with it by screwing YOU over.  YOU personally. And these guys give them the perfect excuse.

 

 

 

yep....

 

Whatcha gonna do...


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#6 ANHEMP

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Posted 10 June 2017 - 08:34 PM

If what I thought mattered, this wouldn't be an issue; but it doesn't matter what I think, it matters what those in power  think. And many of those in power believe caregivers have abused the system(just like these 2 guys) and they use these examples to attack the MMMAct, patients, caregivers, and physicians.  It doesn't take too many bad examples to scar perception.  I've dealt with it for years now.  It is real, it is dangerous to the MMj program, and self interest superceded any other concern for these two.

 

I could care less they sell and grow pot, even if by the hundred of thousands of plants.  I do care when those people pretend and try to find shelter and profit under the guise of being 'caregivers' as defined in the MMMAct.  Go... be illegal. Grow to your hearts content,.... but don't give those trying to follow a successful program a bad name by growing in warehouses and pretending you aren't just a street corner dime bag dealer because you rented out the store behind you and suddenly pretend you actually "care about sick people' when you are specifically abusing the MMMAct and making it harder for everyone else in the program.

 

It does give the program a bad name.  It does effect how those in power plan to deal with these 'bad actors".  They plan to deal with it by screwing YOU over.  YOU personally. And these guys give them the perfect excuse.

 

 

 

yep....

 

Whatcha gonna do...

They don't need an excuse, these people(judges) are selling kids to rehab centers for profit(kickbacks).  They don't like people who smoke pot, doesn't mean bunny muffin what any cg do.  They only blame people guising as cg's for their contempt. 

Then just stop saying no one should get busted for a plant because obviously you do think that people should be busted if they reflect bad on you and people who can arrest u use them as an excuse to pit you against ANYONE acting outside the narrow confines of the law, as THEY interpret it.  Theyre just doing it to divide people up and pit them against each other and you fall into it every time, blaming anyone growing pot with a card for getting busted, whether they are helping patients or not.  All because police and judges use anything "outside the law as they interpret it" as lies for why they have to hassle you.

 

What am I going to do?  Stick up for anyone, no matter how greedy you think they are, who gets busted for growing a plant.  Because they supply to people who are sick or use recreationally to unwind(medicinal use in my book).  Because I know who the real enemy is.  Personally I don't use the laws as interpretted as a dividing point as to who I support.  I use a moral guideline. I don't blame people who are trying to push up supply so prices go down for sick people for what should be blamed on people who interpret or enforce the "law".

 

And people are using the dispensaries, stop saying they are making it harder for EVERYONE in the program.  They obviously are making it easier for a lot of them or there wouldn't be so many open.  Everything according to Mal, screw the people in teh program who don't think like you, eh?


Edited by ANHEMP, 10 June 2017 - 08:38 PM.

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#7 Malamute

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Posted 10 June 2017 - 09:03 PM

Nope.

 

Just telling you the truth.

 

And again since your comprehension is crapp,

 

I dislike those "pretending" to be caregivers.  They can grow hundreds of thousands of plants if they want,... just don't pretend you're a caregiver operating under the MMMAct.  It makes things worse and harder for those trying to protect the law. Its easy to sit your arse behind a keyboard and feign superiority,... but those of us that actually do something understand how difficult it is to stop them from removing YOUR grow rights and protecting YOUR privacy; and people that abuse the program make it even more difficult to protect.  If you don't think it could be WAY worse already,... then you are blind to the real world.  Yes there are injustices in the world,  but people like this are doing their best to justify the  losses of what few rights patients and caregivers have.

 

If you cant understand that,... I am sorry. 

 

If they had simply been caught growing 1000 plants,... I would have pity.  But they didn't.  They wanted their cake and eat it too.  And by doing such,.. it puts other peoples rights at serious risk. 

 

I cant wait for legalization so people that like to abuse the MMMAct can simply go the fuk away and leave us alone. 



#8 ANHEMP

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Posted 10 June 2017 - 09:31 PM

Fine, just stop saying that no one should be busted for a plant.  If you can't comprehend that I'm sorry.

 

Again, since your comprehension is crappy, they can't use the cg or patient in court so they aren't cg or patients on trial.  They are over teh limit, they aren't a pt or cg. I'm sorry that judges use this crap to justify what they do to divide and conquer us, I do.  Just because a judge or lawmaker uses this as an example doesn't mean it's true.  They would have the view they have and do the things they do regardless.  but you just fall for it hook line and sinker and go against people getting busted and blame tehm for the way we get treated.  If we'd just be good slaves and not be bad they wouldn't bust schoolteachers for not having a top on their 4x8 grow.  Give me a break I'm not as gullible as you.  Paint it how you want.

 

And I call BS on having pity for someone with 1000 plants I've seen you say how stupid people are who didn't have cards and got caught.  BS!


Edited by ANHEMP, 10 June 2017 - 09:32 PM.


#9 Malamute

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Posted 10 June 2017 - 10:08 PM

Since I am actually there dealing with these people you say you know so much about, I think I have a slightly better view of the situation.  Yours,.. fantasy. Mine, reality.

 

 

  They would have the view they have and do the things they do regardless.  but you just fall for it hook line and sinker and go against people getting busted and blame tehm for the way we get treated.  If we'd just be good slaves and not be bad they wouldn't bust schoolteachers for not having a top on their 4x8 grow.  Give me a break I'm not as gullible as you.  Paint it how you want.

 

And I call BS on having pity for someone with 1000 plants I've seen you say how stupid people are who didn't have cards and got caught.  BS!

 

Some have the view. But not enough to screw us. The few in the middle we need are influenced by these type of issues.  The world isn't black and white.... it is very grey. Your square peg absoluteness doesn't make your logic suddenly fit into a round hole. 

 

Abusing the MMMAct doesn't help our situation. It makes it worse. Expanding our rights by changing the law does help.

 

Be a good steward of the Act. 

 

And if you cant figure out what to do with up to 72 plants,.... I don't know what to tell ya. 

 

Opening an illegal dispensary is greedy and dumb.  He could have helped every single one of those patients without breaking the law by simply connecting them to capable caregivers. 

 

They are guilty of greed and selfishness.  They are guilty of putting 200,000+ patients rights at further and increased risk.

 

But,.. they both decided helping 5 patients and growing up to 72 plants wasn't enough.  So they lied.  They lied for their own gain over sick peoples rights.

 

Just because you and them are unable to see the unintended consequences of their actions,... doesn't mean they don't exist.



#10 Malamute

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Posted 10 June 2017 - 10:16 PM

If we'd just be good slaves and not be bad they wouldn't bust schoolteachers for not having a top on their 4x8 grow.

 

 

That has nothing to do with what these two guys were doing at all...



#11 Jjamh

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Posted 11 June 2017 - 04:29 AM

I gotta go with mal on this one, if your gonna claim protection under the mmma act follow the rules, plant count, possession limits, everything, otherwise, reap what you sew.
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#12 Malamute

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Posted 11 June 2017 - 06:06 AM

I still think the court decision is flawed as well.

 

But Bylsma got a $500 fine,... not so bad with no felony and I think Bylsma was more stupid than anything. Multiple grows in one place for multiple people, all with access, no locks, too many plants etc. I would call the $500 fine a stupid tax.

 

Overholt,... sigh'.  He ended up with 2 years probation.  He admitted in court to having a large network of growers and blah blah blah. He was asked to close down once. He didn't. And several other things not worth mentioning.  But,... 2 years probation sux. But better than stacked offenses and 4 year felonies.

 

 

Honestly,... there are so many patients who got screwwed so much harder for so much less. 

 

I mean,... if Bylsma just grew his 72 himself and stayed within numbers,... he would have been fine. It was actually his own words and excuses that really convicted him.

 

Overholt was just a greedy moron.

 

And both by trying to abuse the Act give ammunition to our opponents.

 

Overholt could have easily taken care of all those patients by helping people to get caregivers.  He started that way and then got greedy. 

 

Bylsma thought he could make money running peoples grows for them instead of just growing his own.

 

Anyhow,....

 

There is a point A and a point B.  We are in between those two points at the moment.  Be a good steward of what we have gained, and be a warrior to improve the future. 

 

Neither were being good stewards.

 

With rights come responsibility.



#13 Malamute

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Posted 11 June 2017 - 06:14 AM

Also, I didn't even mention,... all this fussin and whining over a $500 fine. all it got us was a horrible precedent setting case(which we fully expected) because they wanted to take it to appeals court.  If the fine had just been paid, this horrible precedent wouldn't be set.  That also was a decision they made for no good reason. Many courts weren't ruling this way in the state,... now all have to basically.

 

Could their case have set some good precedent?  Not in Michigan Courts.  Some of the worst in any marijuana state. sigh'


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#14 ANHEMP

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Posted 11 June 2017 - 06:29 AM

The world according to Mal.  Whatever.

According to the courts, if you're not within the law youre not a pt or cg.  If they can't see the difference and postualte that out of how many 1000's of cg's there are a few bad apples, and they are judges, well time to give up eh?

 

Funny how you can see that these 2 were acting solely out of greed but you believe the politicians would sway if we only kept within the act.  If everyone just acted like Mal said to act there would be no teachers loosing their life/reputation over a 4x8 piece of chicken wire right?  Gull a bull!



#15 ANHEMP

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Posted 11 June 2017 - 06:30 AM

Thanks for proving my point with the below statement!
 

 


 

 

Could their case have set some good precedent?  Not in Michigan Courts.  Some of the worst in any marijuana state. sigh'



#16 ANHEMP

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Posted 11 June 2017 - 06:32 AM

These are NOT rights!!!  Can't even get that one strait.  It's now considered a PRIVILAGE because it can be denied or taken away.  in these cases it was denied!

 

Neither were being good stewards.

 

With rights come responsibility.



#17 Restorium2

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Posted 11 June 2017 - 08:33 AM

This I do know, and I find it to be of the most importance when it comes to cannabis;

 

If you serve people very carefully you will serve a lot more people in your short lifetime.

 

If you rush in like a fool, serving just yourself, you will be spit out like a watermelon seed.  

 

Lady cannabis will serve no fool. She will make many absolutely content if you let her. She provides a small amount of content in a

 

world full of discontent.


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#18 GregS

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Posted 19 June 2017 - 09:30 AM

There is no restriction in sec. 8 regarding the number of patients a caregiver can assist or the number of caregivers a patient can have. The Supreme Court has ruled more than once that sec. 4, which does delineate five patients to only one caregiver, and sec. 8 are separate and distinct in regard to the limitations of sec. 4. The Court is not required to explain why it refused to hear the case. I think it wrong.






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