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A.G.: Police Can Seize Medical Marijuana
Posted by CN Staff on November 10, 2011 at 14:50:39 PT
By Dawson Bell, Detroit Free Press Lansing Bureau
Source: Detroit Free Press
Michigan -- A provision of the Michigan medical marijuana law that prohibits police from seizing pot possessed by licensed medical marijuana patients is invalid because it conflicts with federal law, Attorney General Bill Schuette said in an opinion released today, one in which he warns officers who return marijuana to patients could be prosecuted as dope dealers.“It is ‘impossible’ for state law enforcement officers to comply with their state law duty not to forfeit medical marijuana, and their federal law duty not to distribute or aid in the distribution of marijuana,” according to the opinion.
Schuette was responding to a request from state Rep. Kevin Cotter, R-Mt. Pleasant, who asked whether police were required to return marijuana to medical marijuana patients who had been arrested or detained upon their release. An opinion from the attorney general is generally considered binding legal opinion, especially on state agencies like the Michigan State Police, unless and until it is rejected by a judge. It is the latest in a series of moves by the attorney general to narrow the scope and application of the law, approved by Michigan voters in 2008. Schuette, then a recently-retired state appeals court judge, led the campaign in opposition to the initiative. Source: Detroit Free Press (MI)Author: Dawson Bell, Detroit Free Press Lansing BureauPublished: November 10, 2011Copyright: 2011 Detroit Free PressWebsite: http://www.freep.com/Contact: letters freepress.comURL: http://drugsense.org/url/hzadfN6KCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #15 posted by museman on November 22, 2011 at 14:51:05 PT
an illusion dispelled
"Without law there would be chaos."Now that elements of common, human social interaction in a focused, peaceful intent have become apparent in the Rainbow-Gathering-like atmosphere of the occupy movement, the demonstration of who is really acting humanely and sensibly, and who is not can plainly be seen. That would explain why the efforts of the ruling class to sick their pet (and heavily armed) thugs on the peaceful assemblies (something about a 'Right to peaceably assemble'?) has only increased the interest and involvement of the people.The demonstration that "Authority" has to do more to do with "responsible cooperation" than dictates and law, is now out in the open. Those of us who have been gathering out in the wilderness for 4 decades now, have known this truth about humanity for a while. "Chaos" is not the root of human social behavior, it is a reaction to extremely false authority, it is 'rebellion.'Standing up strong, but without violence, against false authority does not 'breed chaos and lawlessness' but demonstrates maturity of spirit in direct contrast to the empty vessels that impose their 'order' upon us.For 40 years, thousands of people have gathered for months at a time, every year, all over the world to pray for world peace, and practice alternative lifestyle. Never needed a police force - we all agreed to watch out for each other. Didn't have law, just some strong suggestions about proper behavior in the woods, and volunteers to make sure no predators or other social deviants go un-noticed or get room to ply their fear trips. -We all know that these patterns of behavior are created in the pyramidal social structure of power and resource, and that the instance of genetic 'criminality' is probably a hoax, because those people all DECIDE to act that way because of the things they have been exposed to in 'modern society.'Hundreds of thousands have gotten the awareness that freedom is personal decision and responsibility, and that 'law and order' is an antiquated concept whose death knell is ringing as I write.The illusion of 'better than' or 'more qualified' is based on quantitative values that are in turn wholly of an invented and specially crafted belief system made to serve certain interests above others. The idea that one persons time is somehow worth more another's is a corrupt concept. There is no 'equality' where one man can claim right to power and possession above and beyond anyone else. "Sounds like socialism to me." -is a common response, but of course that is an easy box to throw it in, courtesy of the propaganda of rulers. If people actually start 'ruling themselves' why in Hades would we want a bunch of miscreants specializing in do-nothing to rule over us?The playing field is leveling. Truth is becoming known, and it is not dependent on state-sanctioned 'experts' to be understood on fundamental human levels.And you don't need a college degree to see it.LEGALIZE FREEDOM
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Comment #14 posted by museman on November 22, 2011 at 09:02:44 PT
Occupy keeps growing
Some links for those who can see the writing on the wall...http://www.youtube.com/watch?v=n2-T6ox_tgM&feature=player_embeddedhttp://www.youtube.com/watch?v=WmJmmnMkuEM&feature=player_embedded-this one shows a map of global action going on now-http://www.guardian.co.uk/world/occupy-movement***It may be time for some people to have another look at their priorities...LEGALIZE FREEDOM
'official' site
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Comment #13 posted by Paint with light on November 13, 2011 at 18:30:28 PT
comment 11
This is very good news.From the article in the link......"This should send a message to the federal government that it's time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws."And as I always say.....it is time to establish a policy more consistent with the consumption of alcohol.Legal like alcohol.
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Comment #12 posted by keninsj on November 12, 2011 at 16:17:44 PT:
States Rights.
I still don't understand why this is not a violation of states rights to enforce marijuana federal laws.My understanding is that in the 10th amendment it states that the US constitution is the law of the land. There is nothing in the US constitution that makes marijuana illegal.
Do we just have weak legislators that don't want to push the states rights issue, or am I incorrect about the 10th amendment?
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Comment #11 posted by ekim on November 12, 2011 at 12:46:54 PT
December 1st, 2008
 U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal LawMedical marijuana case appealed by the City of Garden Grove was denied review todayhttp://www.safeaccessnow.org/article.php?id=5614
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Comment #10 posted by museman on November 11, 2011 at 12:51:49 PT
OT: but yet...
I never really posted my experience at the National Rainbow Gathering this year, because I could not see how to describe the context, to someone who was not there.
However, now that it has literally 'spilled into the streets' the context is a bit more visible.The evolution of consciousness reached what has been referred to as 'critical mass' and high magic that I thought I'd never see again occurred with such magnitude and power, that I left the gathering with an overwhelming feeling of 'huge imminence.' I and some of my brothers who experienced it at the same time and place discussed what that might mean.There are many nuances of this new (and it is NEW) revolution/evolution in consciousness and awareness that aren't being seen by those who consistently align their consciousness (or the lack of it) with the old world values, false moralities, and false ethics. For instance, my use of the word 'magic' causes those who cannot really see all of reality due to their programmed blindness, to judge, categorize, and reject anything I, or any other "experiential scientist" have to say, because they have no basis for belief, let alone any actual belief in the natural technology (rejected for millennia by false 'science' - which was molded and machined by the xtian church) that has existed in untapped potential since the first cognizant human walked on the earth.The highest, best intention of the human spirit always involves freedom and liberty. When those intents are allowed to flourish, great moments in human evolution and consciousness have occurred, great thoughts, and great art have flowed through the collective awareness. Unfortunately, there are a handful of non-evolving beings -humanity questionable-who for lack of faculty, or because of spiritual laziness cannot achieve escape velocity from the event horizon of their antiquated, dying black hole of fear-based values and mentalities, and have no room in their crowded, finite minds for the growth necessary to make the change that is upon us.In ordinary times and circumstances, we have had to hold back many actions and statement because of human compassion and patience, 'the tribe can go no faster than its slowest member.' We have allowed foolish people to continue to believe their falsehoods because the shock of the truth would be os so painful to those who have given their lives and families to a predatory system of the kings, pharoahs, princes, and presidents. To realize that it was all vanity, and a waste of life and time, is not an easy thing to admit and act upon.But these are far from 'ordinary times.'These are the times of fulfillment. Prophecy, original Spiritual Design and intent, and the growing knowledge of that is exponentially embedding this new awareness into the collective.The power that we have as human beings has been denied, repressed, made war on, and there have been many organized attempts at confusing us -including the creation of religion, and the turning of spiritual wisdom brought to us by our experienced brothers and sisters throughout history into the misleading, false religions that have been used by the ruling faction to sow confusion and division amongst us.The power that is represented by the '99%' is relatively unexplored.But the power that has been a source for certain factions to vampirically siphon for their own edification and self-serving motivations, is opening like a great lotus flower in all who can and do embrace it.The seeds of truth and consciousness sown throughout time, even in times of great despair and darkness, took root, grew in secret, unseen by the blind eye of the adversarial spirit that has inhabited that echelon of humanity that has fancied itself 'better' and 'more worthy' -who have maintained their rule by sheer force of arms, not logic, reason, or cognizant truth -ever.The seeds grew, and just like the exemplary template provide by modern scholars (not the academic pretenders who falsely believe in their own expertise -a side effect of centuries of liars ruling the world)) the last wave of the Mayan Calendar, those seeds have sprouted, budded, flowered, and are being harvested into the New Age as the current era flows around us.These are great days. Some fearful religiously based philosophies have cried the 'end of the world!' and many have jumped on Chicken Little's bandwagon. It is unfortunate that the lack of positive, High Spiritual intention in the 'mainstream rewards' section of our global society is all but ensuring that that the worst possible scenario is most likely going to happen.At any given moment in history collective humanity has had opportunity and option to embrace truth, and the reality that exists outside of the boxed 'reality' we have been forced to live with, but great efforts of war have kept that possibility down to a few 'miscreants' in every generation that were easily put down by the contemporary status quo.I recognize how difficult it must have been for great minds to coexist with so many whose minds could fathom nothing beyond basic needs and consumer desires of sense gratification. Yet the greatest minds all had the same, or similar basis of understanding; the error of the 'establishment' and the simple human/Divine solution of Love -and all that goes with it.It has been difficult, but many of the weights that were placed on our consciousness have been lifted.The nature of Faith, Belief, and to a greater extent than many are willing to admit, TRUTH, is impossible to measure with the currently held rods of power and quantitative definition. The 'substance' of reality is not determined by second-hand vicarious, or proxy observation and conclusion, it is by the individual and collective human immersion into the experience. That is why a farmer who never went to college, but interacted with the land and the food for his entire life, is going to be the real 'expert' on farming, far beyond the 'academic' knowledge, regardless of the extent of the 'degree' in 'agriculture.'The tide of history, and humanity is turning. The 'New Wine' is being poured out to those capable and willing to take it in, but those who cannot stretch their 'old wineskins' will break and fall.This is Truth. It can be denied, argued against, buried, 'deleted' or what have you, but none of those things will change it, or stop the inevitable process.The collapse of the current system is in progress. No good is being done for anybody in continuing to support it with misdirected beliefs and faith in false values.We all do what we have to do. We still have to 'render unto Caesar, that which is his, but Caesar is wrong. He always was wrong. That system may go down fighting, at the expense of much, but the more who turn 'from the darkness to embrace the light' the less damage we will have to suffer in the long run.Remember; "Only You Can Prevent Armageddon!"LEGALIZE FREEDOM
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Comment #9 posted by ekim on November 11, 2011 at 12:36:40 PT
Fed Cannabis program
Government Pot Production Dr. Mahmoud ElSohly, who directs the operation, said the marijuana was a small part of the crop the university has been growing since 1968 for all cannabis research in the U.S. Among the studies are the pharmaceutical uses for synthetic mimics of pot's psychoactive ingredient, THC. ElSohly said the four patients are getting pot with about 3 percent THC. He said 3 percent is about the range patients have preferred in blind tests. The marijuana is then sent from Mississippi to a tightly controlled North Carolina lab, where they are rolled into cigarettes. And every month, steel tins with white labels are sent to Florida and Iowa. Packed inside each is a half-pound of marijuana rolled into 300 perfectly-wrapped joints. With Musikka living in Oregon, she is entitled to more legal pot than anyone in the nation because she's also enrolled in the state's medical marijuana program. Neither Iowa nor Florida has approved marijuana as a medicine, so the federal pot is the only legal access to the drug for the other three patients.http://www.cannabisnews.com/news/26/thread26729.shtml
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Comment #8 posted by dongenero on November 11, 2011 at 11:35:18 PT
Bonehead thinking
If they don't seize voter approved, state legal medical marijuana to begin with, they would never have to worry about any liability in returning it.I suppose that's too simple....?Anyway, simply returning what they had stolen from a patient would not make them "dope dealers", it would just show they are dopes.Nice "pig" jargon by the way. I bet Schuette is the most righteous person he knows. shhhesh.
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Comment #7 posted by ekim on November 11, 2011 at 09:54:20 PT
calling all LEO in MI 
if you feel that the Med Cannabis Vote in MI was a honest attempt 
at solving the Fed Cannabis Prohibition and would like a 
bill that allows each State to proceed with its own laws
and regulations on Cannabis please First go to: http://thomas.loc.gov/home/thomas.php# In the middle of the page find: Legislation in Current Congress  Click on Number Bill Type into the box: HR 2306 & hit search. There is actually one more member on the list that is not shown yet –computer glitch…Jan Schakowsky of Illinois is also a co-sponsorIf you like what you read ask Lawmakers to co-sponsor it. 
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Comment #6 posted by runruff on November 11, 2011 at 04:46:02 PT
Just in case, Sir...
what else are you qualified for? I mean just in case you loose you present job? This is the ongoing nightmare that confronts these law-dogs! Not liking activities that actually resemble "work", not having any productive skills, being of a shady self-entitlement sociopathic type personality?Cops under go a battery of test before they are admitted into the force. These test are to reveal the type of personality that we witness in most LEO's. Cops who are like loyal dogs to their masters while being trained to attack on cue everything else. The entitlement attitude is necessary. It is easy to convince sociopaths that they are somehow better than the multitudes of the great unwashed. It starts in recruitment and is reinforced with obliterating our rights and rewarding them with asset forfeitures. As a young hippie-gypsy on the street I began to hear the term pig applied to LEOs and it began to seem like they were all pigs. I felt like I was in a third world country. How do they find so many pigs and why aren't there any real men on the police force? Because what I was see was not a police force but a police farce! A farce designed to do what we see them doing everyday. Gang beating young blacks. Robbing honest people and ransacking their homes. Raiding legal mmj clinics taking their herb [for resale or police consumption] and most certainly grabbing all the cash they can find.I am a historian. I see history repeat itself over and over. What I see is a revolt. People are tired of this. It will come to a head. Then you will begin to willow out the cowards from the real people. Einstein said that , all things are energy. Every thing in the physical world is made of energy. Human beings operate on a frequency. Our frequency is a signal which we transmit to like energy attracting like energy to us. He said this is not philosophy but physics.We as humans do not learn much from history or other peoples mistakes which is why history looks like a merry-go-round. Why simple people like the LEOs are 100% on board with this destructive cycle? Yogi's call it karma. Western poets call it poetic justice. Einstein calls it personal frequency; a transmitted energy which attracts like energy.A big fer instance would be the Nazi's and their treatment of people they perceived were not at the same quality as themselves. Well the short of is, the Nazis suffered big in the end.There will be and end to the WoD and there will be and end to our present police state. something tells me this monumental change will not come easy but it will come never the less. On the other side I would not like to be one of the present oppressors.
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Comment #5 posted by Oleg the Tumor on November 11, 2011 at 02:18:21 PT:
Cops and Quacks
A police officer is not a doctor. A doctor is not a police officer. This is not complicated. A is not B.But this is ridiculous. If he returns property (medication) the logic follows, then is he a "pusher"? If the returned property was, say, negotiable bearer bonds, would that officer then be charged with "trading securities without a license"?  The legal definition of "property" goes begging.Put that same police officer on a soapbox to proclaim, "The Gospel of Gil" and he can make pronouncements all day against cannabis.Does that make him a medical expert? The Law wants to take the high ground in the cannabis issue and speak as if they were in possession of medical expertise that they do not have.The Medical Community was never consulted for their considered opinion about marijuana until after the Timothy Leary case in 1971. And they were ignored then.So how come we can't get a second opinion?Heah comes de judge!Legalize freedom! 
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Comment #4 posted by GentleGiant on November 11, 2011 at 02:00:47 PT:
How 'Bout Arresting These Thieves Known As Police
Mr. Michigan Attorney General, how 'bout arresting your officers for 'strong-arm' robbery? Isn't that about 20 years. It probably should be a federal crime, since marijuana is under federal statues. State-wise, these fools stole from legally qualified cardholders. Mr. Schuette should be fair about this, but with his background and ignorance, that's very doubtful. Hopefully, Michigan will be spurred to pursue a statewide legal cannabis drive.
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Comment #3 posted by kaptinemo on November 10, 2011 at 19:02:34 PT:
It's getting even more bizarre by the day
The people pass the law...and prohibs like Mr. Schuette immediately seek to use legal sleight-of-hand and mole-burrowing to undo that clearly, unambiguously expressed will of the people.The unconscious arrogance of that deserves some scrutiny...and the strongest censure possible. For it points to something that's been going on for a long time, and must be dealt with before it leads to revolution. And that's the so-called 'revolt of the civil servants'. Far too many, mostly in LE, have forgotten that that's just what they are. Far too many have forgotten their purpose is to serve their paymasters, partly because they've forgotten who those paymasters are. The DrugWar allowed for LE's increasingly unrestrained use of force against their paymasters under the rubric of 'public safety' (yet I've never understood how killing their paymasters can 'serve' them). That attitude has grown like a cancer in the body politic, sickening it in various ways, leading to the collapse of the checks and balances that supported the 'social contract'. And the Occupy movement has shown just how dangerous that unconsciously arrogant attitude can be when LE thinks it can get away with rogue behavior toward those paymasters. But the continuance of that attitude is based on a false assumption: that there will be no payback, that the social pendulum will never swing back from the position of right-wing authoritarianism where it's been forcefully held back for the past 30 years by NeoConservative control of government. This is the kind of thinking typical to those who've held power too long; they never see the end coming, thinking there'll always be another day to lie, cheat, plunder and murder. And so they act as if their predations won't someday be answered in kind...a belief that history shows is rarely rewarded with anything but their own spilled blood. Because if what I have been warning about for the past 13 years happens, their badges and uniforms and weapons won't save them. There are plans to declare martial law the moment a fiscal collapse takes place...and that will mean civil war, as the government which pimped its' legitimacy to the banksters for 30 pieces of silver will finally be seen for what it has been for decades: their whore. Having lost legitimacy, it's been relying increasingly on force rather than reason to keep power, and that unconsciously arrogant attitude has been growing increasingly noticeable...and increasingly resented. You reap what you sow. The Drugwarriors and the people who've supported them, not to mention the vast and shadowy organizations that actually run things on this planet, have sown the whirlwind. We - and they - are feeling the first gusts of an approaching hurricane. We see the storm clouds, hear the winds rising in sound volume and feel their force, and prepare for the worst, but again, that arrogance of theirs acts like blinkers, preventing them from seeing Hell-on-wheels for what it is, and thus they mistake it as a sign from On High of their righteousness, and stupidly redouble their atrocities. When it becomes obvious to them how wrong they've been, it will be too late for them.For, as an old saying that was engraved on my mind many, many years ago went: "Justice is what we deserve; mercy is in not getting it." Their time to repent and mend their ways has come, but they won't see it as such. And after all I and so many have suffered at the hands of these arrogant b st rds, I am not so inclined to be merciful.
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Comment #2 posted by HempWorld on November 10, 2011 at 16:05:59 PT
Bill Schuette
You seem to have a vindication against cannabis, why?"...officers who return marijuana to patients could be prosecuted as dope dealers."Really, does it make one a "dope dealer" if the officer RETURNS the lawful property, a medicine no less, to the patient?How about the officers who keep it? Are they "dope smugglers" or just plain thieves? Is there any choice the officer has and still not break the law, or go against common decency?Can you please give me clarity on that please?Finally, it seems obvious to me that Mr. Bill Schuette (are you from Dutch descendance too or German?) is blissfully un-aware of the medicinal properties of cannabis. Therefore, I will re-post the article that appeared in Nature Magazine. The article specifically explains in high detail how cannabis cures certain types of cancer/tumors.Thank you Bill! Wise up while you still can is my advice to you. Then, after a while, you realize that you have been a dis-service to your fellow citizen. Hopefully then, you still have a chance to undo your mistakes! Karma is a b****.
Cannabis Cures (certain types of) Cancer!
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Comment #1 posted by museman on November 10, 2011 at 15:44:24 PT
simple
"...officers who return marijuana to patients could be prosecuted as dope dealers."Well, stop invading peoples homes, lives, and stop taking their stuff. Then you don't have to worry about it!LEGALIZE FREEDOM
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