GregS
Well-Known Member
These are my recent thoughts on protecting ourselves as best we can under the law while finding the resources to advocate on our own behalf. There is a lot to it, and I wonder how best to do this. There are documents and plenty of ideas that necessarily depend on each other.
The basic premise is that we have seen graphically over the last week the failings of sec. 4, and that consensus is growing that sec. 8 is the only real protection we have. I have tried twice to discuss sec. 8 provisions and its authority on the MMMA forums recently, and another member started another thread that went on for a good dozen pages, only to have several dozen pages of text and a few hundred posts censored. The management t here does not even permit the topic.
I have devised a patient/caregiver agreement that any patient, by token of registry or in that they have had a doctor state that medical use can help, can enter into with any person, with or without registry, who they care to designate as their caregiver as long as that person meets requirements (not a drug felon, over 21, &c). There are also supporting documents that are a part of that. I have lawyers looking at everything and am anxious to find whether this has a good chance help people avoid conviction under sec. 8 in that it is intended to prove that a physician has stated..., and that the patient and caregiver are engaged in medical use to treat or alleviate the patients condition. Those are two of the three elements necessary to succeed in a sec. 8 action. All that would remain is to ensure that reasonable quantities are involved, and are no more than necessary to ensure an uninterrupted supply.
This is the contract:
Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana
I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marijuana Act, Initiated Law 1 of 2008.
__Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, license I.D. number____________________, and dated___________________________has stated that in the physician's professional opinion, and after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .
or:
__A registry card duly issued by the State of Michigan Department of Licensing and Regulatory Affairs (LARA) , number______________________(copy attached), has been issued to me which attests to a physician's recommendation that in the physician's professional opinion, and after having completed a full assessment of my medical history and current medical condition made in the course of a bona fide physician-patient relationship, I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition.
I hereby designate_______________________________ as my caregiver under that law, and agree to conform with the Act in the medical use of marijuana.
I,______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
Signed this date:____________________________
Patient sign here:_____________________________
Signed this date:___________________________
Caregiver sign here:________________________________
/s/_________________________________
Print Notary Name:_____________________________________
Notary public, State of Michigan, County of _____________________.
My commission expires: __________________.
Acting in the County of ___________________.
Supporting documents are here: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0
I have been to the Genessee County Club. It operates as a farmers' market. I understand Joe Cain continues to operate the same way Anyone with a card is permitted to rent vendor space and sell to anyone with a card regardless of registry connection. Those people are not protected by the law in any way and can be put in prison. I am proposing that the agreement mentioned above be offered to vendors in garden markets to establish a pt/caregiver relationship between any patient and any qualified person as their caregiver in order to offer the caregiver sec. 8 protection. Under these provisions, sec. 8 permits any patient to have any number of caregivers, and any caregiver to have any number of patients. The agreements will be required to be notarized with the necessary supporting documents attached.
Farmers' markets have been successful, and I am unaware that anyone has ever been arrested for participating as a caregiver without benefit of registry affiliation there. If anyone is aware of any, please speak now. Nonetheless there is cause for concern that the police will at some point enforce that.
This is where I think it gets interesting. If we were to operate farmers' markets and permit vendors just as are already allowed, we would offer these contracts for use by vendors to find protection under the AD. A premium in the form of a legal defense can, I think, be offered for a price; I'm thinking maybe a couple of hundred dollars a year. That money would go toward defending any cases that arise from this as long as the party has paid and entered into the plan, protecting those patients and caregivers, and dismissal is required as long as the parties do not have an unreasonable amount between them. If enough money can be generated, it can be used for other initiatives, for instance taking LARA to court over the recent changes. We are also serious in pitching in on an appeal for Carruthers in that dogshit decision. It would remain to be seen whether vendors would see the value in having a ready defense if they need one, and those payments can be considered contributions toward our activist objectives.
Money to operate these farm markets would come from vendor rents and any other other income stream the proprietor would devise. I would expect to hire and pay a staff. A notary would be on hand while the market is open. Commissions are easy and cheap to come by.
I am seeking comment from people I respect. Times are getting desperate, and desperate measures are arguably required. That said, sec. 8 has proven the one unassailable part of the law, and I think a viable way to take the fight to the government. I am ambivalent only in that something might go wrong and someone be convicted, and am trying to calculate that risk. I have taken this to a couple of attorneys, and they are too interested to dismiss the idea out of hand, but are being cagey as lawyers are wont to be. After five years, there has been no effective continuing participatory activism. To my thinking that is in large part because we have not had the money to do things right. This is the first idea I have come across that has the potential to do that. Lawyers, while they will be asked to perform some of their work in this regard pro bono,will nonetheless be compensated fairly, which cannot happen without an adequate treasury. People who travel to do our work would be paid expenses, putting boots on the ground where they are needed. There are any number of ways to get the bang for the buck.
In addition to this I would plan on every day, garden variety fund raising.
This is a departure from MMMA policy and would likely require a separate organization. Because of their aversion to all things section 8, and their vehemence in arguing against it, there are differences too deep to permit anything else.
The basic premise is that we have seen graphically over the last week the failings of sec. 4, and that consensus is growing that sec. 8 is the only real protection we have. I have tried twice to discuss sec. 8 provisions and its authority on the MMMA forums recently, and another member started another thread that went on for a good dozen pages, only to have several dozen pages of text and a few hundred posts censored. The management t here does not even permit the topic.
I have devised a patient/caregiver agreement that any patient, by token of registry or in that they have had a doctor state that medical use can help, can enter into with any person, with or without registry, who they care to designate as their caregiver as long as that person meets requirements (not a drug felon, over 21, &c). There are also supporting documents that are a part of that. I have lawyers looking at everything and am anxious to find whether this has a good chance help people avoid conviction under sec. 8 in that it is intended to prove that a physician has stated..., and that the patient and caregiver are engaged in medical use to treat or alleviate the patients condition. Those are two of the three elements necessary to succeed in a sec. 8 action. All that would remain is to ensure that reasonable quantities are involved, and are no more than necessary to ensure an uninterrupted supply.
This is the contract:
Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana
I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marijuana Act, Initiated Law 1 of 2008.
__Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, license I.D. number____________________, and dated___________________________has stated that in the physician's professional opinion, and after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .
or:
__A registry card duly issued by the State of Michigan Department of Licensing and Regulatory Affairs (LARA) , number______________________(copy attached), has been issued to me which attests to a physician's recommendation that in the physician's professional opinion, and after having completed a full assessment of my medical history and current medical condition made in the course of a bona fide physician-patient relationship, I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the debilitating medical condition or symptoms associated with the debilitating medical condition.
I hereby designate_______________________________ as my caregiver under that law, and agree to conform with the Act in the medical use of marijuana.
I,______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
Signed this date:____________________________
Patient sign here:_____________________________
Signed this date:___________________________
Caregiver sign here:________________________________
/s/_________________________________
Print Notary Name:_____________________________________
Notary public, State of Michigan, County of _____________________.
My commission expires: __________________.
Acting in the County of ___________________.
Supporting documents are here: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0
I have been to the Genessee County Club. It operates as a farmers' market. I understand Joe Cain continues to operate the same way Anyone with a card is permitted to rent vendor space and sell to anyone with a card regardless of registry connection. Those people are not protected by the law in any way and can be put in prison. I am proposing that the agreement mentioned above be offered to vendors in garden markets to establish a pt/caregiver relationship between any patient and any qualified person as their caregiver in order to offer the caregiver sec. 8 protection. Under these provisions, sec. 8 permits any patient to have any number of caregivers, and any caregiver to have any number of patients. The agreements will be required to be notarized with the necessary supporting documents attached.
Farmers' markets have been successful, and I am unaware that anyone has ever been arrested for participating as a caregiver without benefit of registry affiliation there. If anyone is aware of any, please speak now. Nonetheless there is cause for concern that the police will at some point enforce that.
This is where I think it gets interesting. If we were to operate farmers' markets and permit vendors just as are already allowed, we would offer these contracts for use by vendors to find protection under the AD. A premium in the form of a legal defense can, I think, be offered for a price; I'm thinking maybe a couple of hundred dollars a year. That money would go toward defending any cases that arise from this as long as the party has paid and entered into the plan, protecting those patients and caregivers, and dismissal is required as long as the parties do not have an unreasonable amount between them. If enough money can be generated, it can be used for other initiatives, for instance taking LARA to court over the recent changes. We are also serious in pitching in on an appeal for Carruthers in that dogshit decision. It would remain to be seen whether vendors would see the value in having a ready defense if they need one, and those payments can be considered contributions toward our activist objectives.
Money to operate these farm markets would come from vendor rents and any other other income stream the proprietor would devise. I would expect to hire and pay a staff. A notary would be on hand while the market is open. Commissions are easy and cheap to come by.
I am seeking comment from people I respect. Times are getting desperate, and desperate measures are arguably required. That said, sec. 8 has proven the one unassailable part of the law, and I think a viable way to take the fight to the government. I am ambivalent only in that something might go wrong and someone be convicted, and am trying to calculate that risk. I have taken this to a couple of attorneys, and they are too interested to dismiss the idea out of hand, but are being cagey as lawyers are wont to be. After five years, there has been no effective continuing participatory activism. To my thinking that is in large part because we have not had the money to do things right. This is the first idea I have come across that has the potential to do that. Lawyers, while they will be asked to perform some of their work in this regard pro bono,will nonetheless be compensated fairly, which cannot happen without an adequate treasury. People who travel to do our work would be paid expenses, putting boots on the ground where they are needed. There are any number of ways to get the bang for the buck.
In addition to this I would plan on every day, garden variety fund raising.
This is a departure from MMMA policy and would likely require a separate organization. Because of their aversion to all things section 8, and their vehemence in arguing against it, there are differences too deep to permit anything else.
