Help Us Sue the State of Michigan

This article was originally published on the Marijuana Patients Organization site on May 2, 2015.

[content_band no_margin=”true” padding_top=”10px” padding_bottom=”10px” border=”none”]USE THIS FORM TO JOIN LAWSUIT >>MICHIGAN RESIDENTS ONLY

Citizens of a state are able to sue their state after certain criteria are met. The Marijuana Patients Organization and over 20,000 Michigan medical marijuana patients are prepared to sue the State of Michigan for not providing clarity to the Michigan Medical Marihuana Act (MMMA). Are you interested in joining our suit; have you been harmed by the State of Michigan? Are you a Michigan resident?

The government has the obligation of maintaining public programs that are under its direct control. The State is culpable for the roads it maintains and schools it administers. Sensitive and admittedly dangerous issues like medical marijuana and its distribution should be a high priority for anyone that warns of the medicine’s possible dangers. The State of Michigan has failed its most vulnerable and weakest citizens by failing to enact consistent policies or legislation regarding the distribution, use, and cultivation of marijuana by participants of the Michigan Medical Marihuana Act (MMMA). The state has endangered both patients and caregivers. By not ensuring a consistent framework for the distribution of medical marijuana, and after 7 years, the state has failed to protect patients and caregivers that have been arrested or prosecuted based solely where they are transacting or consuming medical marijuana geographically.

The Oakland County prosecutor is responsible for the majority of court cases heard by the Supreme court. Judges make rulings as to how to interpret the law but law enforcement and prosecutors decide when and or how to enforce the law. Simply put, the State is subject to differential enforcement. Some areas of the state, Oakland County in particular, are not respecting state law and the State of Michigan has done nothing.

State law provides absolute protections for Michigan medical marijuana patients against arrest or loss of assets for possessing a state issued patient or caregiver card. Some courts, like Oakland county circuit courts have attempted to take or ‘interpret’ away those protections.

The State Appeals courts and Supreme Court have rarely found common ground regarding the MMMA. Due to the discretion of police work; local police jurisdictions, and individual officers are allowed to use their own interpretations of the MMMA. No training efforts or consistent education has ever been delivered to State, County or Local law enforcement agencies.

FACTS:

1. The Michigan Medical Marijuana Act of 2008 (MMMA) is a state administered program available to ALL residents of the State of Michigan with certain qualifying medical conditions.
2. The MMMA is characterized as confusing and ambiguous for both opponents and proponents of the Act.
3. The State of Michigan has generated over $50,000,000 in revenue since passage of the Act.
4. The government had constructive knowledge of the ‘broken or confusing’ medical marijuana laws.
5. The government failed to take action necessary to rectify the situation.
6. There are fewer registered MMMA patients today than in 2011. This has been partially attributed to law enforcement intimidation.

---

What is your primary source for medical marijuana?

Dispensary – 62%
Black market – 17%
Grow it myself – 13%
Caregiver – 9%

(2014 Michigan patient survey based on 2059 respondents)

In 2014, there were two reported incidents of crime associated with medical marijuana dispensaries (also known as caregiver centers, compassion clubs, provisioning centers, etc.). One incident involved a city approved medical marijuana dispensary located in Flint, Michigan in which a front window was smashed and an ATM taken, and after normal business hours. Another after-hours incident occurred in Ann Arbor and a small amount of marijuana was taken. No suspects have been apprehended in either incidents.

Proper zoning and some ‘fear’ in the marketplace has not brought out many ‘green-neon-pot-leaf signs’ in 7 years since passage of the MMMA. Communities have not been blighted, as some want to argue. Read the following quotes from Michigan Attorney General Bill Schuette while advocating against Proposal 1, the ballot initiative where 63% of Michiganders approved legalized medical cannabis.

Schuette said he sees “an eruption of pot shops” in Michigan, storefront businesses that cater to those with medical marijuana cards, growing marijuana use among teen-agers and the greater inability by law enforcement personnel to enforce marijuana laws because of the “medical” defense that can be used in court.

“Like in California, there is nothing in this law that prohibits these businesses (pot shops) from being established,” Schuette said. “There’ll be more pot shops than Starbucks.”

Incidents of marijuana and dispensary raids by law enforcement occur sometimes in some areas of the State of Michigan, but never in others. State licensed gardeners are judged inconsistently and patients are arrested unjustly solely based on personal attitudes of those in power where they reside.

By allowing some areas of Michigan to engage in the distribution and use of medical cannabis, and arresting others operating discriminately in other areas has resulted in great harm to registered patients and their caregivers. The disproportional arrest of gardeners, and allowing inconsistencies to exist in local government and policing policies, the State of Michigan has caused great harm to the residents of the State of Michigan who rely on medical marijuana as a source of medicine.

We will be petitioning the court that all current or future prosecutions involving anyone proven to be in the possession of either a state of Michigan issued medical patient or caregiver card, and charged with any state, local or county marijuana crime, that their prosecution either be dismissed without prejudice or a stay of proceedings be granted until measurable and consistent policies are spelled out by the State of Michigan Legislature. In addition, any assets forfeited should be returned, immediately.

If you are a Michigan resident and interested in joining our suit please fill out the following form.

[/content_band]