Wednesday, August 31, 2011

MMJ States

http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881


Deaths from Marijuana





Icon

MI ruling


MI: PROSECUTOR, ADVOCATES REACT TO APPEALS COURT RULING BARRING MARIJUANA DISPENSARY SALES
mapinc/ 8/25/2011 / By Carol Hopkins And Ann Zaniewski, Daily Tribune, Associated Press contributed to this story., Source: Daily Tribune





Oakland County law enforcement officials and medical marijuana advocates are taking sides regarding a Court of Appeals' decision that states medical marijuana cannot be sold through private shops or dispensaries -- estimated to currently number in the hundreds in Michigan.

Wednesday's ruling -- a major decision that strikes at businesses trying to cash in on pot -- is the first time the appeals court has ruled in a case involving commercial pot sales. The Michigan Supreme Court has agreed to hear appeals on other aspects of the medical marijuana law.

A three-judge panel said the 2008 medical marijuana law, as well as the state's public health code, does not allow people to sell pot to each other, even if they have state-issued marijuana cards.

Paul Walton, Oakland County chief assistant prosecutor, said given the Medical Marihuana Act's language, the ruling wasn't surprising.

"If you are a patient under the act, you can grow 12 plants yourself or you can designate a caregiver to grow for you," he said. "Caregivers can have up to five patients. It's pretty clear -- patients have to be linked to caregivers, and patient-to-patient sales are illegal."

He explained that the Medical Marihuana Act provides an exemption to allow patients to use marijuana.

"If you don't fall within the four squares of the law, then you are engaged in illegal activity," he said. "The Court of Appeals has repeatedly said, 'This is an exemption.'"

Rick Thompson, editor of Oak Park-based Michigan Medical Marijuana Magazine, said the Court of Appeals ruling is a "direct contradiction" to the Medical Marihuana Act.

"The act states transfers don't constitute sales of an illegal substance," Thompson said.

Thompson estimated there may be 500 dispensaries currently operating in Michigan. Walton said he knows of dispensaries in Wayne and Macomb counties, and said Lansing just put a limit on having 48 in the city.

Thompson also referenced a number of medical marijuana-related bills recently supported by Attorney General Bill Schuette.

"There was no bill on dispensaries," said Thompson. "Either he loves them or he already knew the Court of Appeals was going to strike them down."

If the latter is true, said Thompson, "The Attorney General should not be privileged to knowing Court of Appeal rulings in advance. It's inappropriate."

The Court of Appeals ruling stems from a case out of Isabella County involving Compassionate Apothecary, a facility in which members who were either registered patients or their caregivers purchased marijuana from other members while the business owners retained at least 20 percent of the sale price. Prosecutors filed a complaint alleging that the operation of the facility was not in accordance with the state's Medical Marihuana Act, and therefore a nuisance because it violated the public health code.

A trial court judge sided with Compassionate Apothecary. In reversing the lower court, the Court of Appeals said the operation of the business is an enjoinable public nuisance and in violation of the health code, which prohibits the possession and delivery of marijuana.

The appellate judges also said the business is not operated within the provisions of the state's Medical Marihuana Act because the medical use of marijuana, as defined by the Act, does not include patient-to-patient sales.

Gerald Fisher, a professor at Cooley Law School in Auburn Hills, wrote an extensive paper last fall on the Act for the Michigan Municipal League and the Michigan Townships Association. He said the Court of Appeals decision is consistent with his interpretation of the law.

"When you read the Act as a whole, the fundamental intent of the Act is to allow a caregiver to help up to five patients," he said. "What we have here is not a caregiver helping five patients, but patients helping an unlimited number of other patients. That strays very far from the fundamental intent of the Act."

Michael Komorn, an attorney who has defended medical marijuana cardholders, called the appellate court's ruling "an unfortunate decision for patients who are suffering."

He said that this opinion means "a cancer patient going through chemotherapy, vomiting and pain would not be able to acquire cannabis from another state license caregiver or patient.

"If they did, they would be labeled a criminal and the Court of Appeals would tell that cancer patient they would have to wait 3-4 months until they could grow their own plants or be arrested," Komorn said.

"I believe that the 63 percent of the voters in Michigan intended medical marijuana patients to have safe reliable access to cannabis. This decision does not recognize this very basic but important fact.

"It is easy to issue opinions from the comfort of judicial chambers when the Justices don't see the faces of pain and suffering of the sick."

Medical Marijuana Business Consultant Samantha Moffett of the Walled Lake-based Ambrose Law Group said she was disappointed with the ruling.

"It is not just business-minded patients and caregivers who believe dispensaries are a legal business structure in Michigan -- multiple municipalities across the state have passed ordinances allowing and structuring such businesses," she said.

"Cities and townships have been able to fill commercial spaces dormant for years, generate jobs, collect licensing fees to fund the municipality, and most importantly, provide safe access to medicine for patients. The appellate court has taken these things from the people of Michigan today.

"As of right now, all dispensaries in the state are considered a nuisance and must be shut down unless they want to be pulled into court. It will be interesting to see how municipalities who have collected licensing fees from these businesses react."

Clarkston-based attorney Steve Reina, who has handled cases involving medical marijuana patients facing drug charges, said he said believes that political events and other factors will result in laws prohibiting marijuana use eventually becoming more lax.

"Those who cannot learn history's lessons are doomed to repeat them," he said. "From Prohibition on forward, a lesson in American history has been you cannot legislate morality. The Court of Appeals ruling, therefore, probably stands eventually to be reversed by history itself."

There are several medical marijuana-related cases working their way through Oakland County courts. A number of people were charged in connection with the raids of medical marijuana dispensaries Clinical Relief in Ferndale and Everybody's Cafe and Herbal Remedies in Waterford Township.

Oakland Circuit Judge Colleen O'Brien issued a ruling last week that said the Medical Marihuana Act does not provide protection from prosecution to medical marijuana dispensaries.

Michigan voters in 2008 approved a ballot proposal that included physician- approved use of marijuana by registered patients with debilitating medical conditions and allowed registered individuals to grow limited amounts of marijuana for patients.

Medical marijuana is a controversial topic, with some people saying that the laws related to marijuana use in Michigan are still unclear.

Tuesday, August 30, 2011

Chino Valley

Got up here Sun afternoon did a little tooling around the area. I got my scripts (hate walgreens) the weather is great! good to be out of the valley... Hottest Aug on record! i can tell it has been the hottest since I have lived done here. In June it was 17 years since I've lived here. When it is hot it is just that HOT! Nothing compared to the Minnesota winters. Can't do a lot of things when it 30 below. I can do stuff in 110 heat, I prefer not to if I don't have to but there are times where I have to work out in the heat. we packed Rena in the heat and it was 117 that day! Having a great time with Michele. I went to an AA meeting yesterday and may go tomorrow.

Bummer

Two Men Found To Have $16.8 Million In Marijuana At Addison Business

Addison, IL — Luis Pichardo, 32, of 138 N. 18th Ave., Melrose Park, and Ignacio Morales, 28, of the same Melrose Park address have each been charged with one count of unlawful possession of marijuana with intent to deliver (over 5,000 grams), a class-X felony, punishable by up to 6 to 30 years in the Illinois Department of Corrections, according to a release today from the DuPage County State’s Attorney Robert. B. Berlin.

On Friday evening, undercover agents with the DuPage Metropolitan Enforcement Group (DuMeg) allegedly observed Pichardo and Morales acting suspiciously at a business at 135 Laura Drive in Addison. The men left the business and were pulled over by an Addison police officer a short time later for traffic violations. The driver of the vehicle, Pichardo, allegedly did not possess a valid driver’s license and was arrested.

During the traffic stop, a K-9 unit positively alerted officers on the vehicle. In the early morning hours on Saturday, a search warrant was obtained and executed for the 135 Laura Drive address. Inside the business, DuMeg officials recovered 3,700 pounds of marijuana with an estimated street value of $16.8 million.

The men appeared in bond court Sunday morning, where Judge Else set bond for each man at $10 million with 10 percent to apply.

Both men are scheduled to appear in court on Sept. 19 for arraignment in front of Judge Robert Kleeman.

Monday, August 29, 2011

Secetary Clinton Views

Monday, January 31, 2011

Secretary Clinton is Interviewed by Denise Maerker of Televisa in Mexico

(Transcript)

QUESTION: So about Mexico, you said recently it’s looking more and more like Colombia looked 20 years ago, where the narcotraffickers controlled certain parts of the country. These drug cartels are actually more and more indices of insurgency. What do you understand by narcoinsurgency?

SECRETARY CLINTON: I think that every situation is different, and certainly Mexico is not Colombia, Mexico is not the United States. We have to analyze every situation. But both Mexico and the United States have a series of transnational threats that we have to confront. The drug traffickers are a transnational threat and they cross borders. They have, unfortunately, set up business in your country, in my country. So we have to see it not just as something that is local but is something that has unfortunate tentacles that go outside, which means we have to work together to try to eliminate it.

QUESTION: But the word insurgency – I mean, do you have evidence of an alliance taking place between organized crime cartels and subversive groups seeking to overthrow the Mexican Government, for instance?

SECRETARY CLINTON: No, no, no. And that was not my intent with that word. That was not at all what I intended. What I was intending to say, and appreciate the chance to clarify that, is that the techniques that are used now by drug traffickers, unfortunately, resemble other threats around the world that we see: the barbaric, horrific amount of violence, the communication capabilities that they now have, how heavily armed they are. They are armed like the military now, unfortunately. So it’s not in a sort of geostrategic sense but in sort of tactical – some similarities.

QUESTION: Okay. Do you consider that the violence in our country is something that threatens national security in your country?

SECRETARY CLINTON: No, I consider it more of a problem that we have some responsibility for that’s affecting our neighbor. And therefore, we have to take not only the responsibility, but also offer assistance so that the people of Mexico can have the security that Mexicans deserve. And this is not a national security issue in a traditional sense. It’s a border security issue, and for that reason it’s something we take very seriously. It’s an organized crime issue, and we just had this huge roundup of organized crime figures in the United States. And we’re working closely with our counterparts so that we can try to prevent these drug traffickers and organized criminals from hurting Mexicans or Americans.

QUESTION: But what are your plans to face this threat? I mean, we know you’re helping our country to restore peace, or trying to restore peace, in Ciudad Juarez. Exactly what are you doing?

SECRETARY CLINTON: Well, what we’re doing is providing assistance to law enforcement, equipment, building capacity. But we’re also working with the Mexican Government on the reform of the judiciary that President Calderon has begun on building a stronger corrections system so that when criminals are caught they can be detained, and having a prosecution system that uses all the modern techniques in order to put these people behind bars. We believe that you can’t just have a law enforcement response. You have to have a broader, more comprehensive approach, and that is what President Calderon is taking.

QUESTION: Okay. In several occasion, you have recognized that the partial explanation to the violence in Mexico can be found in the elevated drug consumption and the tolerance towards arms selling in your country. The consumption has not diminished. On the contrary, I hear it’s, like, reached a historical maximum and arms selling continue. And it’s very unlikely that it would – this will change. So why would – should we continue giving this battle? And when I say we, it’s like our country, Mexico.

SECRETARY CLINTON: Well, we are making some progress. There has been some decrease in drug use. But more than that, there’s been greater cooperation across the border. We are stopping more people and finding not only drugs, but guns, money for money laundering. We have much better law enforcement cooperation across the border. I don't think either of us could do this without working with the other. And I don't think either of us wants to let a drug kingpin and his gang behead people or addict people on either side of the border.

QUESTION: In Mexico, there are those who propose not keeping going with this battle and legalize drug trafficking and consumption. What is your opinion?

SECRETARY CLINTON: I don't think that will work. I mean, I hear the same debate. I hear it in my country. It is not likely to work. There is just too much money in it, and I don't think that – you can legalize small amounts for possession, but those who are making so much money selling, they have to be stopped. They can’t be given an even easier road to take, because they will then find it in their interest to addict even more young people. Mexico didn’t have much of a drug problem before the last 10 years, and you want to keep it that way. So you don’t want to give any excuse to the drug traffickers to be able legally to addict young people.

QUESTION: But in the United States there [is] more and more tolerance for marijuana, right?

SECRETARY CLINTON: Mm-hmm.

QUESTION: So this doesn’t seem right. Like the tolerance in the United States, and here we are killing each other for this product.

SECRETARY CLINTON: Well, the tolerance is in a very limited arena. It is for medical –

QUESTION: Medical use.

SECRETARY CLINTON: Medical use. And there are lots of regulations on it. So it’s not accurate to say, as I’ve heard some say, well, we’re legalizing marijuana. We are not. We are – the biggest – we have more people incarcerated, unfortunately, than any country in the world, and most of them are there because of some drug-related offense. So we know that this is not an easy struggle. We’ve been at it ourselves. But we also believe that you have to keep the pressure on the criminals; otherwise, they will just expand their operations, and then you do have to worry about more corruption, more problems with institutions.

QUESTION: Okay, thank you very much.

SECRETARY CLINTON: Thank you very much.

——————————
Hillary Rodham Clinton, Secretary of State, Guanajuato, Mexico, January 24, 2011; Office of Electronic Information, Bureau of Public Affairs, U.S. State Department