Category: Marijuana Patients Organization

Despite pouring rain a group of approximately 1500 activists met at the steps of the capitol in Lansing last week in order to draw attention to several bills aimed at gutting the core protections the Michigan Medical Marijuana Act provides. Why do patients need to continue to fight for rights afforded them?

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People v. Reed deals with the Section 4 affirmative defense.  A qualifying patient cannot cultivate plants before he has a physician recommendation.  Kolanek had previously ruled on this issue but the Reed opinion extends it.  In Kolanek, the Court said that the physician recommendation must come before the arrest.  The Reed court extends Kolanek by holding that the physician recommendation must come before the alleged criminal activity, e.g. cultivating plants in this case.  In Reed the police investigation revealed that the defendant was growing plants in his backyard.  The defendant later obtained a physician recommendation, and then was arrested.  The Court found that was not entitled to a dismissal of the case since he was cultivating marijuana plants before he had his physician recommendation.  

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When reading the Court of Appeals decision and listening to detractors, a consistent message is heard, “being connected through the registry process” is necessary to participate in the sale of marijuana with compensation, consideration, reimbursement or whatever term we interpret from the act. How we interpret “connected” is the question that needs answered. Are we all connected by our individual involvement in the registry process?

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Burton, Mich.— It has been business as usual at some medical marijuana shops, even after the Michigan appeals court said card-carrying patients can’t sell pot to other patients.

Some officials are in no rush to shut down dispensaries without a thorough investigation. In northern Michigan, the Otsego County prosecutor said he hopes the Michigan Supreme Court overturns the appeals court’s decision.

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State of Michigan v. Brandon McQueen and Matthew Taylor, d/b/a Compassionate Apothecary, LLC

The Compassionate Apothecary opinion was issued today and has immediate effect.  Even though this is a civil case involving an injunction, the Court’s findings, reasoning, and holding will have impact on criminal cases.  Prosecutors may now reference this case in currently pending cases.  And, municipalities can use it as support to ban dispensaries in their communities utilizing patient to patient transfers.

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There is a movement within law enforcement, chiefly Michigan’s “Top Cop”, Attorney General Bill Schuette, to lobby for legislation that would restrict a medical marijuana patients ability to drive. Meaning that any amount, even trace amounts in the system would be considered illegal if driving. Even 7 days after use a patient would not legally be allowed to drive.* Unfortunately, this legislation has a good chance of passing.

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Litigation has surrounded the Michigan Medical Marihuana Act since Michigan voters passed the initiative in 2008.  This summer several bills have been proposed in the Michigan legislature that will affect patients, caregivers, and cannabusiness.  Most recently the Attorney General Bill Schutte issued a memorandum stating that the Medical Marihuana Act prohibits the collective growing or sharing of marihuana plants.

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As an active investor and counselor in various medical marijuana operations and also a citizen of Michigan, I share concerns about the medical marijuana industry with opponents. Every day I hear citizens voicing discomfort about the prospect of a dispensary in their town and am often forced to agree with them. A lot of this fear is moral panic brought on by the status quo. A truer concern for communities should be less-than-professional operators of dispensaries.

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The leading cause of death in men AND women is not cancer, it is cardiovascular disease. And the main contributor to heart disease is your blood pressure. Before I go into the “why’s” let me make this blanket statement. Along with controlling your blood sugar (and insulin levels) the most important thing you can do to lower your risk of having a heart attack, stroke or kidney disease is to keep your blood pressure in the normal range.

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Michigan House Representative John Walsh has submitted several bills that would start the intelligent dialogue of medical marijuana regulation in the State. Most fear this as an attack on our rights as medical marijuana patients, caregivers, business owners, dispensaries and the like. Why wouldn’t any reasonable person believe this when Bill Schuette’s name is also attached.

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The city of Lansing has set ordinances of who, what, and where regarding medical marijuana dispensaries in the city, and said loudly absolutely no medical marijuana on Michigan Avenue. This recent action was in response to the lobby efforts of two Lansing neighborhood associations to eliminate the dispensaries along Michigan Avenue. Both are 501(c) organizations that are tax exempt and also unable to participate in the political process, i.e. lobby for policy change, given their tax status. Who is more guilty, the neighborhood association or a city council that restricted business to the even more dangerous part of Lansing, putting patients at risk and limiting safe access.

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