cannabisnews.com: Implementation of Michigan's Medical Marijuana Law










  Implementation of Michigan's Medical Marijuana Law

Posted by CN Staff on November 23, 2008 at 11:08:26 PT
By Robert E. Martin & Greg Schmid 
Source: Review Magazine  

Michigan -- There are several keys to understanding the new Michigan Marijuana Law. Enacted by voters in a landslide election with a 63% margin on November 4th, Michigan now joins twelve other states that have decriminalized marijuana for medical purposes.Prop 1 is now to be cited as the Michigan Medical Marijuana Act and for the first time in over 75-years, the 'criminal' element that has profiteered on this multi-billion dollar underground industry, along with the Pharmaceutical companies that also reap billions for creating synthetic pills that handle 'pain & suffering' are being opened to competition from providers and patients seeking treatment from the plant that George Washington and Thomas Jefferson harvested on a regular basis.
Modeled after the state of Oregon's approach, the law states, "The medical use of marijuana is allowed under state law to the extent that it is carried out in according with the provisions of this act."   Specifically, what this translates into is that the law takes effect 10 days after the official declaration of the vote, which is scheduled for November 24th, so you can expect the law to take effect on December 4th.   The Department of Community Health has 120 days from the effective date of the new law to establish rules and commence issuing Registry ID Cards on April 2, 2009.They must also promulgate rules that govern the manner in which it shall consider applications for renewals of ID cards and Caregiver applications, and may establish application fees that generate sufficient revenues to offset expenses of administering and implementing the act.Additionally, they must submit an annual report to the Legislature that does not disclose specific information about applicants and caregivers, but contains information on the number of applications, the number approved in each county, the nature of the debilitating medical conditions, and the number of cards revoked. The Registry ID Card & Primary Caregivers      The Act gives the Michigan Dept. of Health the duty to issue Registry ID cards, which will take a maximum of 20 days to get. Registry information is strictly confidential, and cannot be used as probable cause to target you or your Primary Care Giver. If the Department gives out your identifying information inappropriately, it is a crime.   If the Registry ID Card is not issued within 20 days after proper application, the qualifying patient may "self-issue" by executing a notarized statement, available online at the Free Form Bank (see link below). This is called an Affidavit in lieu of a Registry ID card.   To obtain a Registry ID card the patient must get a written certification from a doctor stating the patient's debilitating medical condition and also stating that, in the physician's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition.   According to the new law, Doctors are the unquestioned gatekeepers to access. No court can second-guess their professional judgment. The law provides that the physician (MD or Osteopath) is immunized against legal or professional sanctions.   The key benefit of participation in the Formal Registry is that a registered Qualifying Patient and a designated Primary Caregiver, who have in their possession Registry ID Cards, enjoy presumptions of legitimacy. This creates a prophylactic immunity from arrest.   A designated Primary Caregiver must be at least 21 years of age with no prior felony convictions involving illegal drugs. The Caregiver is allowed to cultivate 12 plants (kept in a locked facility) and possess 2.5 ounces of marijuana, for each of up to 5 patients.   The law specifically bars arrest, prosecution, criminal or civil penalty, disciplinary action, and bars seizure or forfeiture of medical use marijuana. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.   A registered Primary Caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana. Any such compensation shall not constitute the ale of controlled substances.A registered "Qualifying Patient" may possess 2.5 oz. of marijuana for medical use, and can cultivate 12 plants (kept in a locked facility) unless a "primary caregiver" has been designated. The law specifically bars arrest, prosecution, criminal or civil penalty, disciplinary action, and bars seizure or forfeiture of medical use marijuana."Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only  by a registered primary caregiver or registered qualifying patient.Bystanders merely in the presence or vicinity of the medical use of marijuana in accordance with the Act, or assisting a registered qualifying patient with using or administering marijuana, and suppliers of paraphernalia are legally protected under state law too. Medical Purpose Affirmative Defense         Perhaps most significant of Michigan's new law is that it creates a stand alone Medical Purpose Affirmative Defense, which is only employed by one other state allowing Medical Marijuana – the state of Oregon, from which the proposal was modeled.      It protects patients and primary caregivers, even if they do not have Registry ID Cards. Defendants with charges pending on December 4, 2008 may use this defense. This defense is very liberal, easy to prove, and fully explained in "The Essentials of the Affirmative Defense", which is available, along with a model Motion to Dismiss and Affidavit in Support at the Free Form Bank.      This umbrella Affirmative Defense is the key to the Act. Using this defense, the specific limits give way to a reasonableness standard; not more than is reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.      All other acts and parts of acts inconsistent with this new law do not apply to the medical use of marijuana as provided by this new act.This protects drivers, not under the influence, from Michigan's OWI law, which makes it a crime for drivers to have any amount of a controlled substance in their body, even if it has been weeks or months since they used marijuana.      Moreover, Parental Rights are protected. A person cannot be denied custody or visitation of a minor acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. Conditions Covered        Disqualifying Factors that preclude protections under the act include: smoking marijuana in any public place or on any form of public transportation, use by a person who has no serious or debilitating medical conditions, any conduct where being under the influence would constitute negligence or professional malpractice per se, operating, navigating or being in actual physical control of any motor vehicle, aircraft, or boat while under the influence of marijuana, or use in a school bus or on school grounds or in any correctional facility.      Under the Act, Doctors are able to certify patients for an expansive list of specified debilitating medical conditions, plus any other 'chronic or debilitating disease or medical condition, or its treatment that produces symptoms or side effects like appetite loss, severe and chronic pain, severe nausea, seizures, or severe and persistent spasms.      Some of the Debilitating Medical Conditions specified in the Statute include: cancer, glaucoma, Positive HIV, AIDS, Hepatitis C, Lou Gehrig's Disease, Crohn's Disease, Agitation of Alzheimer's disease, epileptic seizures, or Multiple Sclerosis.      Because this law was adopted as a ballot initiative instead of as an act by the State Legislature, it can only be changed by a 3/4 vote of both the State Senate and House of Representatives.      While Federal Laws conflicting with State laws may be enforceable, the costly resources expended by the Federal government to challenge and prosecute individuals in other states that also have medical marijuana laws has averaged around one percent.      For more information: Registry & Provider Form Cards, and to complete a survey on the new Medical Marijuana Law, go to: http://www.qualifyingpatient.com/ Source: Review Magazine (Saginaw, MI)Author: Robert E. Martin & Greg SchmidPublished: November 23, 2008Copyright: 2008 Review MagazineContact: editor review-mag.comWebsite: http://www.review-mag.comRelated Articles: How Will Medical Marijuana Program Work? http://cannabisnews.com/news/thread24325.shtmlMichigan Approves Medical Marijuanahttp://cannabisnews.com/news/thread24312.shtml

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Comment #59 posted by Hope on November 24, 2008 at 11:43:16 PT
"What a gift."
It is indeed.I was just thinking, watching this video feels exactly like getting a truly delightful gift.
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Comment #58 posted by FoM on November 24, 2008 at 11:35:27 PT
Hope
What a gift. 
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Comment #57 posted by Hope on November 24, 2008 at 11:26:01 PT
This song and video make my "heart soar".
Literally.As mentioned in the health piece about music and heart health I posted a few days ago.I'm going to listen to this a lot and get all the good health benefits it's no doubt bringing me.
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Comment #56 posted by Hope on November 24, 2008 at 11:14:42 PT
Man!
I love that face. I love that voice.
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Comment #55 posted by FoM on November 24, 2008 at 11:09:21 PT
museman 
That's so right! Don't Bogart Love! 
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Comment #54 posted by museman on November 24, 2008 at 11:05:50 PT
willie
YES! Thank you Willie. That is the best Xmas video I have ever seen.Don't Bogart Love!
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Comment #53 posted by Hope on November 24, 2008 at 09:27:16 PT
Oops... I got that wrong...
He's not a retired police captain. That was someone else on a list of candidates that I didn't realize was a list. I thought it was just about Bertram.I'm still so tickled and relieved that a legislator is supporting standing up against the "Tyranny of busybodies".
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Comment #52 posted by Hope on November 24, 2008 at 09:18:40 PT
Comment 49
Yes, he is, indeed, a Democrat. I noticed that, too.:0)Joe the Representative... Go get 'em, Joe!
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Comment #51 posted by Hope on November 24, 2008 at 09:14:41 PT
Downloads
I downloaded that download helper from Firefox that BGreen told me about on the other computer... my laptop... but not this one yet. I don't think I understood how to use it but I got a nice little moving balloon type icon. I couldn't tell any difference, though. I need to get it downloaded into this one. I'm going to try loading it without it first.I wouldn't have liked to see our Willie handcuffed... even in jest. One of my prayers is that legalization of cannabis in this country will arrive during Willie's life time and that he has plenty of time to enjoy it.
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Comment #50 posted by FoM on November 24, 2008 at 09:08:58 PT
Joe Bertram Picture on Link
http://www.mauidemocrats.org/
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Comment #49 posted by FoM on November 24, 2008 at 09:06:24 PT
Hope
And he is a Democrat! 
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Comment #48 posted by Hope on November 24, 2008 at 09:05:11 PT
Comment 43 GCW. Cool on Cool!
Rep. Joe Bertram is a retired Maui Police Department captain.
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Comment #47 posted by FoM on November 24, 2008 at 09:04:05 PT
Hope
I know it will take a while for you to download but it really is worth it. They don't show the beginning when Colbert notices 4 wisemen in the Nativity seen and Willie said: I'm so high you're hallucinating Stephen.At the end after the song Colbert goes to talk to Elvis Costello on the phone and then it flashes back to the Nativity scene and a cruiser is there and a cop is arresting Willie and has him handcuffed behind his back. Willie says: It isn't mine I was holding it for the donkey. I am sure I missed something. We will buy the DVD and keep it with our Christmas DVDs. 
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Comment #46 posted by Hope on November 24, 2008 at 08:55:10 PT
Thank you!!!
I'll get that to loading!
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Comment #45 posted by FoM on November 24, 2008 at 08:31:04 PT
Hope Here's Willie's Video!
It was hard to find but here it is.http://www.colbertnation.com/the-colbert-report-videos/211032/november-23-2008/a-colbert-christmas--willie-nelson-sings
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Comment #44 posted by Hope on November 24, 2008 at 07:51:56 PT
Comment 43 "Yes, we cannabis!"
Amazing and wonderful! Thanks, GCW.
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Comment #43 posted by The GCW on November 24, 2008 at 05:32:49 PT
US HI: OPED: The Time Has Arrived To End The Lucra
US HI: OPED: The Time Has Arrived To End The Lucrative War On CannabisPubdate: Wed, 19 Nov 2008Source: Maui News, The (HI)Author: Joe Bertram III
Note: Joe Bertram III is a member of the state House of Representatives from
District 11, South Maui.http://www.mapinc.org/drugnews/v08/n1056/a06.html?397"Change we can believe in? Yes, we cannabis!" 
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Comment #42 posted by Hope on November 23, 2008 at 21:48:04 PT
E_Johnson
You've related the idea well.I bet the visuals were interesting. I've seen lots of prohibition stuff, for sure... but I hadn't paid enough attention to get that clear a view of the history of it from that perspective. I've learned a few things and understood some interesting and new, to me, perspectives today, including the word kakistocracy and what it means.Thanks guys. Good night and Peace and Love.
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Comment #41 posted by Hope on November 23, 2008 at 21:41:33 PT
Dang it!
I missed Willie again!Maybe it will be on YouTube or something.
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Comment #40 posted by E_Johnson on November 23, 2008 at 21:39:29 PT
I must confess
I didn't come up with this myself. I saw a documentary on Prohibition that focused on how it changed American drinking habits.The saloon as a social institution had become toxic. It served as an organizing force for reactionary politics. It destroyed families. It had to go. Its demise occurred in a politically brutal manner that did a lot of collateral damage.But the saloon had to go, and Prohibition was how it went.
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Comment #39 posted by Hope on November 23, 2008 at 21:32:22 PT
That's very interesting...
and it makes sense. Clearly.
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Comment #38 posted by E_Johnson on November 23, 2008 at 20:59:21 PT
Step 5.5
5.5 Mixed drinks -- aka cocktails -- were developed to appeal to women who didn't like the taste of straight booze.
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Comment #37 posted by E_Johnson on November 23, 2008 at 20:55:12 PT
How I see the events happening
1. Women decided they wanted to participate in democracy as voters.2. Saloon owners did everything in their power to prevent that.3. The saloon owners lost big time, as women used their new right to vote to get rid of saloons.4. After women could vote, they started wanting other things. Cooler clothes, the right to choose their own husbands, the rights to smoke and drink.5. Speakeasies competed to become glamorous places where young women and men could socialize together at night without being chaperoned like in the old days.6. Women finally turned against Prohibition, and it was over.
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Comment #36 posted by Hope on November 23, 2008 at 20:28:05 PT
I don't think I've ever heard that myself...
but it certainly makes sense now that you've mentioned it."Prohibition destroyed the saloon and gave birth to the cocktail lounge".
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Comment #35 posted by Hope on November 23, 2008 at 20:23:54 PT
Kakistocracy?
Interesting. That's a new word to me.Thanks.
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Comment #34 posted by E_Johnson on November 23, 2008 at 20:22:07 PT
Thanks Hope
One more thing -- the saloon owners also made a huge mistake when they used the saloons to organize the movement against Women's Suffrage.The saloons would give free drinks to any man who'd vote against Suffrage on Election day.The saloon owners hated women, they destroyed families, they encouraged drunken voting, and they made themselves into the political enemies of half the adult population.They were asking for it. Their bad behavior did a lot to turn the public towards Prohibition.Prohibition destroyed the saloon and gave birth to the cocktail lounge, that's what they say.
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Comment #33 posted by FoM on November 23, 2008 at 20:14:20 PT
Hope
The funny part is Willie Nelson. It all was good from what we saw but Willie was great. goneposthole it's good to see you.
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Comment #32 posted by Hope on November 23, 2008 at 20:11:31 PT
That was pretty funny.
I'm a bit happier for watching it.
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Comment #31 posted by goneposthole on November 23, 2008 at 19:50:51 PT
oops
their previous highs, not 'there'.
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Comment #30 posted by goneposthole on November 23, 2008 at 19:49:10 PT
It's the law!
The people of Michigan voted to have legal medical cannabis.Now, they can start growing hemp to make indestructable car parts. Hemp fields in MIchigan will survive and be profitable. Lighter weight car components would allow for electric engines to power the cars.It is a win for Michigan.The economy is going to worsen until the US gov comes to its senses. That won't happen, so the economy is going to enter a depression.The US gov has spent itself into the poor house. Wall Street has stolen from everybody.Hemp and cannabis will survive. The economy is over a cliff.GM at its high was 61 dollars per share. It is now 3 dollars. That is a ninety-five percent drop in price. Those are depression statistics. Ford was 54 dollars per share, it is now 1.50 or so. That is about 95 plus percent drop in price also. Citibank went from 54 dollars to 4 dollars per share.There is really no way for those stocks to recover to there previous highs for they are all broke.It's a mess. You can thank the US gov policies for those glaringly bad numbers.The Dow at its high was 14,164. It is now 8000. It is not going to come back. Unemployment is 8 percent and rising.Times are tough and don't have to be.The US gov has to lay the blame at its own feet.It's a kakistocracy.I will continue to smoke cannabis no matter what the maha rieshi says.
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Comment #29 posted by Hope on November 23, 2008 at 19:43:08 PT
I'm watching 
now.
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Comment #28 posted by FoM on November 23, 2008 at 19:35:27 PT

Hope
We had forgotten it was on and turned it on a Willie Nelson was dressed up as a Wise Man and sang about Marijuana. It really was funny.
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Comment #27 posted by Hope on November 23, 2008 at 19:26:42 PT

Well now
I've got to stay up late again.
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Comment #26 posted by Hope on November 23, 2008 at 19:26:08 PT

Comment 23
Where's my wet noodle to beat on you with, FoM! I wish you'd mentioned it was coming on.
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Comment #25 posted by FoM on November 23, 2008 at 19:25:20 PT

Colbert Christmas
Will repeat at midnight. I just can't believe what I saw. 
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Comment #24 posted by Hope on November 23, 2008 at 19:24:54 PT

Comment 21
That's a very interesting perspective, E_Johnson.Very interesting. I hadn't actually thought about it that way that much. I think you may be right, though.
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Comment #23 posted by FoM on November 23, 2008 at 19:24:24 PT

Oh My Oh My Willie Nelson on Colbert
I hope others saw it too. I never saw anything related to marijuana like I just saw. I hope it will be on Youtube.
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Comment #22 posted by FoM on November 23, 2008 at 19:17:24 PT

EJ That Sounds Good
I think in rural America it would drop very fast because it could be grown in fields. When I think of legal marijuana I see health food stores selling it along side of other medicinal herbs. I see it in bulk form like I've seen other herbs sold. You can buy an ounce of any herb and when they put them in a baggie it all in it's own way looks like cannabis and cannabis would fit very well in that setting to me.
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Comment #21 posted by E_Johnson on November 23, 2008 at 19:12:20 PT

Besides FoM
A person has learned a lot of skills by the time he or she is able to grow commercial quality pot.BTW: There's an interesting thing about Prohibition. Before alcohol was banned, saloons were terrible violent places where no man would take a woman other than a really tough prostitute.The problem with alcohol was really the social institution of the saloon, which was a breeding ground for all kinds of evil.Oddly enough, during Prohibition, the need for secrecy of the speakeasy and the desire to attract a well off crowd led to speakeasies becoming much safer and more civilized places than saloons ever were.Speakeasy owners went to great lengths to attract women, make them feel safe, entertain people, because they had to pretend to be something other than a bar when the cops came, and the presence of women made that pretense more plausible.So ironically, Alcohol Prohibition ended up having some good effects in addition to killing all those people from bad booze and mob wars.If the saloons had adopted the kinds of self-regulatory practices of the speakeasies and went to the lengths that speakeasies did in attracting women and appealing to their needs for safety and comfort, then Prohibition might not have happened.
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Comment #20 posted by FoM on November 23, 2008 at 19:10:20 PT

MikeC 
I think he will do that. He seems like a person that takes pride in trying to stand by what he says. Only time will tell but we have the best chance ever to see change with Obama.
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Comment #19 posted by E_Johnson on November 23, 2008 at 19:00:24 PT

FoM the price would not drop that low
I think if marijuana were legalized quickly, the price wouldn't drop that fast, because if it were legal, it would be taxable, and also all the labor laws and environmental regulations would apply to the businesses that grew it and sold it.People would still make a profit, but they would make a normal taxable profit like what microbrewers and winemakers earn.And being legal farmers and business owners, they could get health insurance and open up retirement accounts and so on.
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Comment #18 posted by MikeC on November 23, 2008 at 18:52:17 PT

FoM...
That is exactly what I meant. I don't expect outright legalization anytime soon but if we could quit jailing our sick for medicating themselves we'd be a better country for it.
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Comment #17 posted by FoM on November 23, 2008 at 18:48:19 PT

MikeC 
I'll be happy if Obama honors his word and won't go after medical marijuana patients. That's a lot more then we've ever seen by a President.
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Comment #16 posted by FoM on November 23, 2008 at 18:46:51 PT

Thanks EJ
I wonder what would happen if everything changed quickly. I think there must be people who make a living on the fact that marijuana is illegal and expensive that won't have a job or other job skills. I know it seems weird but what will happen if the law would change almost overnight? I really don't know. The price would drop fairly fast and would that hurt a large group of people if it happened like that? Would it help or hurt the economy overall?
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Comment #15 posted by E_Johnson on November 23, 2008 at 18:35:58 PT

Are there any economists studying illegal economy?
I honestly worry about what could happen if the legal economy goes in the toilet and the international drug cartels end up running the world.I wonder whether this country dodged a bullet by ending Prohibition soon after the Depression started.I would appreciate hearing from any experts on that topic. 
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Comment #14 posted by MikeC on November 23, 2008 at 18:33:55 PT

Barack Obama...
If he can just keep his word and stop federal raids on dispensary's in Medical Marijuana states I'd be thrilled. That would be a huge step in the right direction.
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Comment #13 posted by E_Johnson on November 23, 2008 at 18:33:20 PT

FoM
Alcohol Prohibition lasted from 1920 until 1933. The Depression is considered to have started with the stock market crash on October 29, 1929. It lasted right up until we began to gear up for WWII.I think maybe it's a good thing that they ended Prohibition soon after the Depression started, or the illegal economy could have ended up dominating the legal economy.But I'm not an economist, so I don't really know.
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Comment #12 posted by FoM on November 23, 2008 at 18:28:08 PT

Just a Comment
I agree this has been going on a long time. It will not change easily. I have a question. Was the depression before or after alcohol prohibition?
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Comment #11 posted by ekim on November 23, 2008 at 18:17:15 PT

anyone remember PRA in MI
Greg Schmid was its author and builder, and all around good guy.The Personal Responsibility Amendment the ol saying all politics are local has a ring to itinteresting times.
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Comment #10 posted by Hope on November 23, 2008 at 18:10:08 PT

That thread...
reading it... the words of a latter day Bard, a favorite of mine, Mr. Meat Loaf, himself, come to mind."... glowing like the metal on the edge of a knife".Lots of folks are fed up and fired up.Finally!!!
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Comment #9 posted by Hope on November 23, 2008 at 17:59:39 PT

Slow, steady, ...
and visible progress.This has been a long and horrible ordeal. It's been going on far longer than most of us have been alive. We want the injustice of it all corrected quickly. But you know what they say about "Easy come, easy go". And, my dear friend, and you are, you can take heart in the fact that this ain't going to be "Easy go", when it finally gets here ... ever.
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Comment #8 posted by Hope on November 23, 2008 at 17:54:07 PT

Runruff
That thread over at Huffington Post is amazing. It's alive... literally. We're alive. The Internet is alive. We're making slow, steady, careful progress.
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Comment #7 posted by FoM on November 23, 2008 at 16:45:23 PT

runruff
I didn't mean to sound short if I came across that way. The way I look at it is Obama said he would stop the raids on medical marijuana patients. I've seen dispensaries thrown in articles but I don't think he ever said that. I voted for Obama for social issues that are important to me. Cannabis is only one. I didn't vote for him because I wanted him to do everything I want but I voted for him because he cares about our crumbling and corrupt cities for one thing. He is getting a mess to fix. If he can fix just some of what Bush has messed up that's one good beginning. 
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Comment #6 posted by runruff on November 23, 2008 at 16:32:45 PT

FoM
OK!
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Comment #5 posted by FoM on November 23, 2008 at 16:19:13 PT

runruff
I saw the one on the Huffington Post. I am not concerned about who Obama picks. I voted for him because I believe he has good sense. He won't make the drug war worse then it has been and miracles are still miracles even if they are small ones.
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Comment #4 posted by runruff on November 23, 2008 at 16:09:02 PT

FoM
This is for you!http://stash.norml.org/2008/11/18/rep-jim-ramstad-r-mn-obama%E2%80%99s-new-drug-czar/http://www.huffingtonpost.com/maia-szalavitz/obama-drug-czar-pick-no-r_b_145461.html
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Comment #3 posted by Hope on November 23, 2008 at 12:12:01 PT

Runruff Comment 1
He's probably a little, or most likely, a lot, of all of that to one degree or another.
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Comment #2 posted by Hope on November 23, 2008 at 12:09:41 PT

This article.
Excellent journalism. Very informative. Very well written. Just the facts. Not an opinion piece disguised as news.Very well done.
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Comment #1 posted by runruff on November 23, 2008 at 11:30:18 PT

In your face Johnny!
Ever heard the term,"the cat's out of the bag"?Johnny Pee, who campaigned here so vigorously, walked away with egg on his face!He is either in a state of denial, self imposed ignorance, or just one evil mother.....shut your mouth! Jes' talkin' about gettin' shafted!
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