‘Negotiated consensus’ can fix Medical Marijuana Law by Glenn Gilbert

ganja girl

New Member
This was written by the Editor of the Oakland Press in the Opinion Section and this is how they will tightly control MMJ, plus how did you like the part about LEO getting your adress.

Here’s a good project for Michigan’s lame-duck governor and Legislature: Fix the medical marijuana law.

Gerald A. Fisher, a law professor at Thomas M. Cooley Law School in Auburn Hills, has written the blueprint for how it can be done.

Voters approved the Michigan Medical Marijuana Act in 2008. Its enactment has been anything but smooth. The problem is the measure’s ambiguity and contradictory essence. Marijuana remains a federally banned substance.

“The Michigan act creates a parallel system in which the same conduct — cultivation, distribution and use of marijuana — is at once lawful and unlawful depending on whether the engaged persons have ID cards,” Fisher wrote in his report for the Michigan Municipal League and Michigan Townships Association.

“The act throws a proverbial curveball to local government by mandating that the identity and address of those having ID cards not be disclosed — even to law enforcement,” he adds. The purpose of the prohibition is to guard the confidentiality of the patient-caregiver relationship.

“The challenge presented to local government is determining how to most effectively represent the health, safety and welfare interests of the public, while permitting the implementation of the fundamental intent of the act, which is the creation of a private and confidential patient-caregiver relationship to facilitate use of marijuana strictly for medical purposes,” Fisher says.

The identity cards are issued by the Michigan Department of Community Health under what Fisher calls “a relatively loose procedure.”

The act also contains an even looser process by which a primary caregiver can obtain a “registry identification card” authorizing such a person to lawfully cultivate and distribute to patients marijuana from up to 12 marijuana plants per each patient with whom the caregiver is formally associated, he says. A caregiver may cultivate marijuana for, and sell to, not more than five patients, according to the act.

A way needs to be found to let law enforcement know where such facilities are “in order to identify and distinguish sites of lawful activity from sites of unlawful activity,” Fisher says.

He points out that the experience in California, which approved the medical use of marijuana more than a decade ago, is that “nonresidents in pursuit of marijuana, and out-of-area criminals in search of prey, are commonly encountered just outside marijuana dispensaries, as well as drug-related offenses in the vicinity — like resales of products just obtained inside — since these marijuana centers regularly attract marijuana growers, drug users and drug traffickers. Sharing just-purchased marijuana outside dispensaries also regularly takes place. There have been increased incidents of crime, including murder and armed robbery.”

In a 2009 white paper, California law enforcement also said impacts included street dealers lurking about dispensaries to offer a lower price for marijuana to arriving patrons; marijuana smoking in public and in front of children in the vicinity of dispensaries; acquiring marijuana and/or money by means of robbery of patrons going to or leaving dispensaries; an increase in burglaries at or near dispensaries; and a loss of trade for other commercial businesses located near dispensaries.

Fisher suggests that the Michigan law could be challenged under the U.S. Constitution’s supremacy clause on the basis that it seeks to legalize what the federal government prohibits.

“The act raises the question whether a state may affirmatively authorize specified acts, such as the cultivation, distribution and use of marijuana, when the same acts are expressly prohibited under federal law,” Fisher states.

In fact, Oakland County Sheriff Michael Bouchard points out that Michigan Department of Community Health specifies on its website that “there is no place in Michigan to legally purchase medical marijuana.”

However, a challenge to the constitutionality of the measure would contradict Michigan voter intent. There is a better way, Fisher contends.

“This state of affairs provides a sound basis for the pursuit of negotiated solutions to the gathering legal conflicts,” he asserts. “The proponents of medical marijuana could come to the bargaining table with legitimate evidence that a sufficient proportion of the public is in support of a defined use of medical marijuana. Local government could come to the table with equally good evidence that the system devised by the Michigan act compels local regulation in order to avoid serious problems, including an increase in crime, unnecessary adverse impact on children, and safe and effective law enforcement.

“In the interest of the state’s population at large, it is suggested that the best solution would be to replace the existing statute, and have all sides work with the state Legislature on a statutory arrangement that permits medical marijuana use on relatively narrow terms that would facilitate assistance to those who are truly suffering, and also provide a more organized method of medical marijuana distribution.

“There is simply no legitimate reason why the process of negotiation, with all parties at the table in good faith, could not reach a sufficient consensus to avoid most of the litigation that is now very predictable once ordinances are enacted.”

Oakland County Executive L. Brooks Patterson, Prosecutor Jessica Cooper and Sheriff Bouchard also have called on the Legislature to act.

Because the law was adopted by voter initiative, the only way the Legislature can change it, according to the Michigan constitution, is with a three-fourths vote of both chambers.

“Perhaps the governor could utilize the ‘bully pulpit’ of that office for the purpose of seating the appropriate parties at the table,” Fisher suggests.

It would be an appropriate Christmas gift for the new Legislature not to have to deal with this issue next year.
 

Chomps

Active Member
"A way needs to be found to let law enforcement know where such facilities are “in order to identify and distinguish sites of lawful activity from sites of unlawful activity,” Fisher says."

Right, so LEO's with a bad attitude against mmj can go around busting up people's legitimate grow ops. Bust in, throw out a BS excuse, take all your equipment, all your meds, and when it's all said and done try to make you feel lucky you're not going to prison.

Honestly, I didn't know they didn't know, but it makes me feel a little better and I'd like to keep it that way.
 

ganja girl

New Member
Chomps, thank you, I forgot to highlight that part. I went back and changed it.

Thank goodness they need 3/4 of the house to change it. I would not have signed up if I thought that they would give LEO my address. I can see there are three politicians that need to be replaced to bad they aren't up for re-election.
 
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