MI Legalize Ballot Proposal

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The MI Legalize Ballot Proposal has reported that it’s on track to collect all of the 252,000 required signatures to return to the Michigan Board of Canvassers to be considered for the 2016 ballot.

Under the proposed bill there would be a 10 percent excise tax, and adult users would be permitted to grow up to 12 plants without getting a license. If an adult wished to grow more plants, or sell it, he or she would need to apply for a license.

In addition to marijuana, their comprehensive approach is to enable farmers to grow and sell hemp for the production of consumer goods. It is estimated that the MI legalize Ballot Proposal would save the state $300 million immediately, by alleviating enforcement of marijuana laws. If MI Legalize Ballot Proposal passes, it could potentially generate an additonal $200 million and close to 25,000 jobs.

Money generated would be committed to roads (40 percent), education (40 percent), and the remaining 20 percent would be given back to the local community that chose to zone and create an ordinance for commercial cannabis activity in their town or city.

MI Legalize Board member attorney David Rudoi is seeking help from from voters around the state with fundraising and volunteer signature collection. For more information on how you can help visit MIlegalize.com today!

MI Legalize Ballot proposal is one of three proposals being petitioned to legalize cannabis in Michigan 2016. It is the only proposal which also legalizes the production and sale of hemp.

While Michiganders currently have approved the use of medical marijuana, police departments and prosecutors still act as if medicinal use is illegal. There are many areas still unaddressed by the Michigan Medical Marihuana Act. Far too often, law enforcement sees this ambiguity and uncertainty in the MMMA as justification for doing things the old way.

At Rudoi Law, we fight each one of these cases strongly. Your right to the treatment you need shouldn’t be denied. We also understand that it will take a determined, consistent effort on the part of attorneys statewide to protect and enshrine patients’ rights.

Contact Rudoi Law today.

Michigan Medical Marijuana Bill

Michigan Medical Marijuana Bill Faces a Twist

Michigan Medical Marijuana Bill

Michigan Medical Marijuana Bill 4271, and 5104 went up in smoke after being approved by the lower chamber along with a stalemate in the Senate at the final hours of the lame-duck session. These bills would have facilitated the use of medibles and other non-smokable forms of marijuana for patients registered. More enticingly for others the resolution for: the return and regulation of dispensaries. Once the verdict of the bill became evident to State Rep. Mike Calton, R-Nashville he asked the Majority Leader Randy Richardville to remove the dispensary bill. During the more promising hours of the morinng the bill had favorable wining votes but quickly became vulnerable to the vicissitudes of the Michigan Sheriff’s association. Michigan Association Chief of police, Local Public Health, and the Prosecuting attorneys of Michigan sent a letter to lawmakers stating the bills would “take Michigan down an uncharted course”. Only to have been preceded by an unsettled registration discrepancy to the tune of another uncharted course. In the meantime problems with local government, law enforcement and ultimately the patient still remains unresolved.

This unexpected turn in Lansing started when the Joint Committee on Administrative Rules hesitated about online registration for existing and new patients: as to how it would effect both parties. The committee chair, Senator John Pappageorge determined that online registration definitely presents setbacks for underprivileged individuals that cannot access the internet to register or renew their medical marijuana card. Furthermore, this disapproval set forth to the Department of Licensing and Regulatory Affairs for the efficiency and time inconveniences the new bill would cause. This would obligate all individuals to have internet access for registration or renewals of state issued medical marijuana card. Nevertheless, a milestone transverses since some individuals don’t have access to the internet. As expected this did not sit well with Pappageorge causing him to mull over the matter further.

Cautiously, Lawmakers simply feel more time should be used to work on distribution options for dispensaries while the pressure continues to surge for the next sessions vote. On the forefront, Policy analyst representative for the Michigan Department of Licensing and Regulatory Affairs (LARA), Desmond Mitchell gallantly stated that online registration would be “great” since the rate of denials would be significantly reduced by this new online process, the “new process will make the denial rate almost extinct because of the majority of denials stem from filing errors”. In return it revamps the process to be error free which equates to no denials for those that apply. Overall, the Michigan Medical Marijuana Bills process is highly efficient, while absolutely inefficient for others.

Dispensaries operated fluidly in many communities in Michigan until a ruling by the Supreme Court in People v. McQueen in the early part of 2013 when determined their operations could be a nuisance to the public. To further fustrate matters, during the middle of the year Michigan Courts of Appeals deemed medibles as a non-usable form of marijuana, in spite of it being a healthier alternative to smoking it up. State Representative, Tom McMilin set forth his concerns to the Michigan Medical Marijuana Bill Review Panel to consider a modification for the new law and its online registration. Moreover, marijuana is still very illegal under federal law and questiones if “a peer-review study” could actually be done in the U.S. LARA representative stated that universities outside the U.S. have studied the drug and outside-research from other countries would be admissible for the information needed to modify the new law.

Michigan Senate continues to move forward on legislation to allows marijuana dispensaries and non-smokable forms of the drug to be permissible in the state. As time continues to quickly dwindle away, Majority Leader Randy Richardville made his intentions evident by stating legislation reforms are to completely eliminate rotten apples from benefiting from activities but more importantly to help those patients who really need the Michigan Medical Marijuana Bill for their qualifying medical conditions. The new proposed strategy for online registration should get the ball rolling for these bills as soon as the early part of 2015. Allowing Michigans uncharted course to makes its way to a new twist. If you or a family member are facing criminal charges, contact Rudoi Law today! At Rudoi Law we are experts in the logistics and science of DUI Defense.

 


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New Case Raises Queston: What is Required to Gain a Search Warrant in the Medical Marijuana Context

Probably.Cause.Or.Not

Search Warrant Involving Medical Marijuana:

Questionable probable cause!

 
Medical marijuana is currently seen to be legal in Michigan under the Michigan medical marijuana program; nevertheless, one caregiver could be facing a lengthy prison term after being raided by local police. The caregiver’s daughter went to school one morning while reeking of medical marijuana.The father Randall Raymond Fieck Jr. (caregiver) pled guilty because he was producing more than the allowed number of medical marijuana plants.
 

Fieck’s 6-year-old daughter went to school one morning with a “distinct” smell of the medical marijuana. Once intercepted by her kindergarten teacher’s nose, it was straight to the principal’s office for the third degree as to why the strong stench.
 
Bewildered by the whole ordeal the child responded to the principles 3rd degree interrogation by stating , her father “was growing marijuana plants in the basement of their residence and that she was not supposed to tell anyone,” as stated by police report. The child’s statement was enough for law enforcement to probe further to the child’s home.
 
Upon arrival to Fieck’s home, Sergeant Joseph Menghini made it clear that the smell of medical marijuana railroaded his olfactory nerves. Moreover, when Fieck was questioned he admitted growing medical marijuana for his patients and upheld being justified because he holds medical marijuana cards for the said patient’s. Further probing by Sergeant Menghini he questioned Fieck about the quantity of medical marijuana plant’s he was cultivating.
 
Fieck tried justifying his botany with the Michigan medical marijuana program guidelines and stating that he has the necessary licenses to grow and possess. Sergeant Menghini obtained a search warrant for Fieck’s home and once the police squad returned they allegedly discovered; over 200 medical marijuana plants, 60 clones, and three additional pounds. Sergeant Menghini claims this took Fieck well over the legal amount allowed by any caregiver hence outside of the Michigan medical marijuana program.
 
Questions still linger if law enforcement had enough probable cause to actually justify the search warrant. In spite of Fieck’s cooperation he is now possibly facing a 20 year prison sentence over falling outside of the Michigan medical marijuana guidelines. Time will tell how this case will evolve and if there was probable cause for the raid- sentencing in March.

Ter Beek v. City of Wyoming


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 Ter Beek v. City of Wyoming

 

Back in November of 2010, the city of Wyoming adopted a new zoning ordinance that states uses that are contrary to federal law, state law or local ordinance are prohibited. This including the manufacture or possession or marijuana, so it is a violation of the ordinance for a city resident to raise or possess marijuana, the city asserts. Violators are subject to injunctions and civil sanctions, including fines.
 

In a city of about 73,000 residents, one man sued to overturn the medical cannabis ban. John Ter Beek is a state-registered user who has diabetes and a painful neurological disorder, according to the lawsuit. The city admitted that “the cultivation, possession and distribution of marijuana are subject to the zoning code of Wyoming.” The city argued, the federal Controlled Substances Act, 21 USC 801 incorporates the federal law by reference, although the MMMA cannot preempt the ordinance. The trial court ruled in favor of the city and dismissed Ter Beek’s complaint, but in a published opinion, the Court of Appeals reversed, holding that the ordinance is invalid under the MMMA and that the CSA does not preempt Michigan’s medical marijuana law.
 

In contrast, the MMMA permits medical use as defined in MCL 333.26423, providing immunity for a qualifying patient from being ‘subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege.’ Civil injunctive relief that could be used to prohibit any medical use of marijuana within the city would constitute a ‘penalty in any manner’ as proscribed under this statute. According to the appellate court, a city ordinance that purports to prohibit what a state statute permits is void. Under a similar statute, it recognizes 99 out of every 100 marijuana-based arrests in the United States are made under state law. This will declare that changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana. To grant immunity only from state prosecution and other penalties avoids the absurd result that the MMMA purportedly preempts federal prosecutions, and avoids conflict with the CSA.
 

In Thursday’s ruling, Justice Bridget Mary McCormack, the Supreme Court held that it was not impossible to comply with both federal drug laws and Michigan’s medical marijuana act, in regards to the case Ter Beek v. City of Wyoming. The Court directed the parties to address:
 

1) Whether the defendant city’s zoning code ordinance, which prohibits any use that is contrary to federal law, state law, or local ordinance, is subject to state preemption by the Michigan Medical Marijuana act (MMMA)
2) If so, whether the MMMA is subject to federal preemption by the federal Controlled Substances on either impossibility or obstacle conflict preemption grounds.

 

 Furthermore, the state’s high court held that the city’s ordinance directly conflicts with the state medical marijuana act, creating a violation of the way in which Michigan’s Constitution separates powers of the state and its municipalities.

Cannabis as Medicine: More Than Just THC

Cannabis has long been recognized as having medicinal properties by both the scientific and medical communities, and is one of the most researched subjects in history.  There are over 483 known compounds in the plant, as well over 85 different cannabinoids isolated thus far, with those numbers ever increasing.  Our bodies are filled with cannabinoid receptors, and we naturally make endocannabinoids to promote our own health. There are even endocannabinoids passed from mother to child through breast milk! Here is a brief introduction to what science currently believes are the most medicinally beneficial compounds found in marijuana:

 

THC (delta-9-tetrahydrocannabinol)- The most widely known constituent of marijuana, and also the one most responsible for the high that users feel.

  • Reduces nausea and vomiting
  • Relieves Pain
  • Stimulates Appetite
  • Suppresses muscle spasms

THCA (Tetrahydrocannabinolic Acid)- the precursor to THC. THCA is converted to THC through a process called decarboxylation, where a CO2 molecule is cleaved from THCA through the process of drying and curing marijuana, or exposing it to high heat. While THCA may be a prodrug to forming THC, it is a less-psychoactive, medicinally valuable compound in its own right.

  • Aids sleep
  • Inhibits cancer cell growth
  • Suppresses muscle spasms

8-THC (delta-8-tetrahydrocannabinol)- an analog of THC, with much lower psychoactivity.

  • Relieves pain

THCV (Tetrahydrocannabivarin)- a cannabinoid that actually blocks the effects of THC.

  • Reduces convulsions and seizures
  • Promotes bone growth

CBC (Cannabichromene)- completely non-psychoactive.

  • Inhibits cancer cell growth
  • Promotes bone growth
  • Reduces inflammation
  • Relieves pain

CBCA (Cannabichromenic acid)

  • Reduces inflammation
  • Treats fungal infection

CBD (Cannabidiol)- The heaviest hitter of the medicinally beneficial compounds found in marijuana. It doesn’t lend itself to the user getting high, and in recent years, marijuana strains have been bred to possess high CBD, and low THC, giving maximum medical benefit while minimizing the characteristic high. Because of this, high CBD strains are prized among the medical marijuana community, while having very little value on the recreational market. I find this compound intriguing, as it possesses a myriad of beneficial health effects, and I would love to research CBD’s effects when taken daily as a preventive, holistic supplement in healthy people.

  • Antibacterial
  • Inhibits cancer cell growth
  • Neuro-protective
  • Promotes bone growth
  • Reduces seizures and convulsions
  • Reduces blood sugar levels
  • Reduces function in the immune system
  • Reduces inflammation
  • Reduces risk of artery blockage (inflammation is the triggering event in developing atherosclerosis, or hardening of the arteries)
  • Reduces small intestine contractions
  • Reduces nausea and vomiting
  • Relieves Pain
  • Relieves Anxiety
  • Slows bacterial growth
  • Suppresses muscle spasms
  • Tranquilizing
  • Treats psoriasis
  • Vasorelaxant

CBDA (Cannabidiolic acid)

  • Reduces inflammation
  • inhibits cancer cell growth

CBG (Cannabigerol)- non-psychoactive, found in higher qualities in hemp. Treats glaucoma and inflammatory bowel disease.

  • aids sleep
  • Inhibits cancer cell growth
  • promotes bone growth
  • slows bacterial growth

CBGA (Cannabigerolic acid)

  • reduces inflammation
  • relieves pain
  • slows bacterial growth

Each of these compounds could have been elaborated upon for many pages, and there are dozens more that I didn’t mention, as well as those we have yet to discover. Marijuana has been proven time and time again to be safe, effective medicine, and the scientific evidence has been supporting this for years. When will we collectively decide to end the madness of prohibition, and fully harness all that this wonderful plant has to offer us?

~Peter Trzos, MD

HB 5104: The Medibles Bill


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House Bill 5104 – The “Medibles” Bill


At the end of 2013 the Michigan House of Representative proposed two bills to clarify ambiguous areas of the existing Michigan Medical Marijuana Act that have raised substantial issues in the states judiciaries. First, House Bill 4271, that amended the MMA to allow local municipalities to decide whether or not to allow “provisioning centers” to operate with in their communities, was passed with ninety-five representatives votes. In addition, House Bill 5104, which will allow patients legal access to marijuana infused products, was passed in the House of Representative with one hundred votes. HB 5104 also referred to as, “The Medibles Bill” or “The Concentrates Bill” will give patients legal access to marijuana infused products such as edibles, extracts, tinctures, topical lotions, and beverage.
House Bill 5104 is an amendment to the Michigan Medical Marijuana Act in reaction to the recent Court of Appeals decision that criminalized the production and possession of various forms of cannabis. Since the courts decision, many patients have been deprived of “medically infused products” that have provided treatment to themselves or their children. Some parents have turned to using tinctures and extracts to treat severe disorders that have been unresponsive to other treatment options as a last resort. Theses parents have to weigh their child’s health with the legal consequences of continuing prior effective treatment options. This bill would allow caregivers to provide their patient’s with alternative forms of cannabis and if House Bill 4271 is also passed in the Senate it will allow “provisioning centers” to provide Medically Infused Products to patient’s under government regulations. These government regulations will require “provisioning centers” to clearly label edibles with both the weight and amount marijuana infused in the product. Both bills are expected to be passed in the near future to correct the courts decision that led to patients be prosecuted under the law.

If you are prosecuted for a marijuana offense Contact the experts at Rudoi Law today.

HB 4271: Are Dispensaries Legal in Michigan?

HB 4271: Are Dispensaries Legal in Michigan?

 

Medical marijuana laws have been eased and clarified by the state House of Representatives recently by presenting House Bill 4271. The purpose of the bill is to allow access of medical grade marijuana to patients through a “provisioning center” or dispensary. HB 4271 also allows patients to obtain their marijuana from a dispensary and would allow caregivers to sell medical grade marijuana to the Provisioning Center Agents for distribution. As of today, those who are either operating a “provision center” or thinking of opening one now that HB 4271 has passed through the house, have no protections from criminal prosecution by the State or Federal governments.

 

When Michigan patients lost the ability to use dispensaries, immediate legislative action was required. House Bill 4271 does remedy this problem. Although the problem is section 5 of the bill which outlines the powers granted to municipalities if it is passed. Everything allowed is disallowed if a municipality (town, city or village) passed an ordinance prohibiting the operation of a dispensary. Meaning there will be city to city licensing. Dispensaries who violate local ordinances are subject to the full force of state law without protection.

With a simple vote, a city council or other local government body could shut them down, and if they failed to comply, dispensary owners would be subject to trafficking charges or other felonies. Advocates say that HB 4271 is fixing one problem but introducing a situation where marijuana laws will change with a five minute drive between towns. The importance of stability for entrepreneurs was demonstrated when the Michigan Supreme Court ruled current law did not allow existing dispensary models. HB 4271 is not yet up for a vote and could be modified substantially, so there is hope. Maybe Michigan legislators will see and remove the poison from the bill.

 

The Provisioning Center Act, empowers local communities within the state to license and regulate provisioning centers while enjoying protections from interference, over 100 dispensaries were in operation across Michigan prior to the MSC ruling in People v. McQueen. That ruling authorized a civil penalty method for shuttering distribution centers as a public nuisance. Since then medical centers from across the state have begun receiving letters demanding their operations cease and desist. The Act will establish rules for caregivers and patients to sell any excess marijuana to a center and identify plants less than 12” tall and 12” broad as seedlings and allows for their legal transfer. It will require baked goods or other products infused with cannabis have the items marijuana content clearly labeled and count towards a patient’s 2.5 ounce allowable weight; currently, a one ounce brownie containing two grams of marijuana counts as a full one ounce when determining AW. The Act would forbid any on-site consumption of cannabis except for infused tropical products. Lastly, it will require centers to keep records to verify the ten day waiting period, which are subject to municipal inspection.

Michigan Attorney David Rudoi Appears on Clickondetroit.com

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