It’s been twelve years since California voters approved the physician-supervised use, possession, and cultivation of marijuana, and it’s been nearly five years since the state legislature mandated that, “qualified patients … who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not … be subject to state criminal sanctions.”
Too bad nobody told the cops.
According to papers recently submitted to Congress by the US Drug Enforcement Administration, representatives from the California Police Chiefs Association believe that they can simply override laws that they philosophically disagree with.
Here’s what Association President Steve Krull had to say about this matter in a 2006 letter to former DEA head Karen Tandy: “[A] concentrated effort [by the DEA in California] sustained over a period of time would send a strong message to local and county government that ‘medical marijuana’ is not allowed [in this state.]”
Except for the fact that it is.
Jacob Sullum over at Reason.com nails the situation here, but my added frustration comes from mainstream media’s utter failure to cover this story. Forget that this topic has any connection to marijuana; the larger and more far reaching issue here is that we now have physical evidence that a rogue group of law enforcement officers are trying to undermine democracy and the rule of law.
Perhaps if this sort of behavior was taking place in a foreign country, the US news media would be investigating the issue seriously. But instead the guilty parties are our own police officers, so the mainstream press simply sweeps the story under the rug.
Nothing to see here, except there is.
bogus. when do we march?!
Amazing but even more amazing is like Paul said nothing will get printed or aired in the main stream media! We can only hope.
Dude I hate to be blunt but no shit. Cops have never followed their own rules. Next time you get a sitation for anything ask them about other laws and watch their expression turn to a almost confused look. They dont even know all the laws yet they are allowed to enforce them. whats wrong with that picture? I thought public servant meant you do what we tell you to. Its their job to follow state law mandate! Not make up their own moral objections! Could you imagen if all law enforcement was based upon each officers morality. Cops and criminals have the same brain scans. We as Californians need to change this commision’s members. Vote them out. empeach their ass. I dont care! But technically they have already voided their own term by the letter of the so called “law” by refusing to enforce what is on the books. How are they different from a vilante gang now? Jesus I need to move to Canada. Peace Norml. Stay Stoned.
I am not lawyer but to me it seems the people busted would have reason to sue the local cops that conspired to overrule a vote of the people. Have we come to a point of revolution it seems so to me. Will we allow the cops to have unlimited power to do as they wish? Include conspiring to go against a law voted legal by their employer? If we let this on go God help us reminds me of Nazi Germany!
CFH
utterly sickening… Can that not be taken to court? Can nothing be done about this?
Typical. They must know something we don’t. Maybe its the fact that they believe since they enforce the law then in some way shape or form the law doesn’t apply to them. Now, this is kind of scary knowing that people have worked so hard to pass legislature and do it the right and correct way and their is a group that sees the law and acknowledges it but then goes against the very people that they’ve sworn to protect. This is a criminal act if you ask me this type of blatant disregard for the law and it’s people should be punishable. Somebaody should have the balls and absolutely take each one of these vigilantes and throw them away for awhile and see how they like it. They wouldn’t last a week. They think this is a joke, well to them it might be but I take this seriously. The govt. blows smoke and does what they want when they want with no remorse. It really is ridiculous to think that people have worked so hard for this and they treat it as nothing more than a disbelief that an act like this should be punishable by law but they do nothing about it. So if they don’t have to abide by the law why the hell should we. I see govt. officials getting raises, why? Cause their doing such a good job? No, I don’t see it. All I see is this govt. telling the people to do one thing if they want a change and when they do it they use it against them. It’s crap and I for one am truly fed up with the way they blow patients and activists off as if we were just a small child asking for a toy. I think they do this just to see how much they can get away with before the people of this country say enough and march up to the White House and let them know that they can keep playing these games but one day it will bite them in the ass. Enough is enough, you tell us to do things a certain way and when we do it your way and we come out on top you act like a sore loser and do what you want anyways. It’s corruption at it’s highest degree. I hope and pray that Mr. Obama sees through all of the whispers of people who think they know what’s best when they’re only looking out for themselves and the companies that fill their pockets. So let me get this straight, we pay them and they also make more on the side by screwing us over. Yeah, that sounds like corruption to me. Please, stop pursuing non-violent individuals that only care about living their lives to the fullest. We’re just like everyone else except that we refuse to just stand idlely by while we see this down right disregard for people and their preferred lifestyle. “It’s easy to hate what you don’t understand”. Or maybe, they understand they just don’t want to admit that we’re right and they’re wrong. This is injustice and it needs to stop now! Quit twisting the laws follow them like you swore to do or get out. It’s that simple and if they aren’t following the law someone needs to step in and get rid of these con-artists. If you break the laws you pay the consequences, unless you are the law. It’s Bullshyt.
This proves that a lot of police abuse their privileges, are not up to par, or refuse to change their thought process.
Personally, i know of a cop bar that any cop will allow another cop to drive home drunk. Why? Because who’s going to stop another cop? They speed when there’s no chase, they go through stop lights without having a purpose, and they arrest and ticket individuals who aren’t necessarily breaking the law.
It sickens me, I’m dedicated to eventually start a website and Photograph and Video tape all the corruption I find in what’s supposed to be the leaders of our nation.
If anyone would like to help me create this, I’d gladly appreciate the help. You can contact me at info AT webmaking DOT biz
Have a good day!
then the police wonder why the public hates them so much.Gee I wonder.
Here, here. Tyler Gross is right, let’s start a COPS show that shows how they really are without letting them edit everything so they look reasonable. Let’s show them going ballistic when a judge tells them they have to give a medical cannabis patient his stash back instead of accepting a lawful verdict peacefully (as a a true PEACE officer would do).
And while we’re at it, how about taking on this policy of the police violating the rights and safety of adult pain sufferers who use cannabis legally. Just what are they thinking?
They claim they do so in the name of sending the right message to kids, so that young kids don’t use drugs — survey says — number one answer!!! We are all familiar with this “argument” that the drug warriors all make.
Maybe I’m reaching here, but when it comes to drug warriors mentality, a good catch phrase cures all ills and provides good enough excuse for law enforcement to pick and choose which laws they consider important and which they can completely ignore.
I think we need to come up with a good catch-phrase to describe this phenomenon. How about “Voodoo healthcare,” or possibly “Trickle-down public safety?” How about promoting jail time ss an “anti-drug” so we can all remain “above the influence?” (oops, that’s already been done, hasn’t it?)
Nothing new here. Law Enforcement has been corrupt since it’s conception. In fact, the FBI was formed to fight corruption. That is why they were called “the untouchables”. The aforementioned nick-name was indicative of the idealistic notion that these federal cops were untouched by corruption. Regrettably, these turds need to be flushed in the same manner that the local and state officers require. As long as the low-standards and nepotistic standards apply to the hiring and training of these organizations continue, so shall a disregard for established law.
I think this trend will reverse itself as more and more law enforcement are caught red handed on video abusing their authority and ignoring the law. I will note that the courts are beginning to put crooked cops in jail.
Cops are Fasicst are Sosilist are anti Freedom.
You can’t trust the police. I personally do not have any faith in the American government ever legalizing marijuana. America is as ignorant today as it will ever be. Obama is not doing anything for marijuana either. Herb is the perfect medicine and only good recreational substance there is. It makes me very sad to know there is so much opposition towards it.
We should make a law that mandates officials to fire any law enforcement officer who fails to comply with state law.
It’s really alarming. These “public servants” sound like they’ve run amock with impunity and are of the lowest sort to begin with. We, the people, need to be protected from these dangerous sociopaths. But by whom? What can be done? Seems like this has been going on for as long as I can remember.
.
Isn’t this how it starts in every little backward country you hear about, that is the police and or the military just goes ahead and runs things the way they want to, no matter what? It’s very frightening.
Nothing surprising here, the truth is we don’t live in a free country. Rather we live in a corporate feudal system with a facade of democracy.
The government generally dose what ever it’s real masters want. Laws, the constitution are just window dressing. Politicians like Obama or Bust are really similar to Ronald McDonald they are public relations gimmicks, They don’t run the company. So laws pasted by political clowns are not important to the actual government.
Law enforcement uses the facade of law to enforce corporate policy when the facade doesn’t fit they still enforce corporate policy
It seems to me that the answer is pretty simple. Use their own policy back on them. If you break the law, you go to jail. Fire their asses and lock em’ up. It’s good enough for us, it should be good enough for them.We need to stop being sheep and putting up with this kind of bullshit. If we let this go, it’s only going to get worse. Come on California, set the example for the rest of us. Fire their asses and lock em’ up.
Police will lie to get what they want. No Joke. It’s called Deception, it is used in War and it is used in ‘police work’. Take a look at G.W.Bush and his ‘deceptions’. Now remember Clinton, Clinton was impeached for Lying about sex, Bush was not impeached for Lying about war, but Clinton lied to Goverment Bush lied to We the People. So who counts more? Duh! The same people who scream about what the voters said in California about gay marriage are the same people who say Nothing about what the voters said in California about medical marijunna. Goverment proves laws are made to be broken.BY THEM!
Im paul jensen bx 4372 ann arbor mi 48106 I am seeking help to amend the state of michigan new laws to include
mental health patients I know it works for me..
The Michigan Department of Community Health released the Regulations governing the Medical Marijuana Act approved by the voters in November. They can be viewed at the MDCH web site.
The revised Regulations are a complete reversal of the initial Draft Regulations released in December, which the medical marijuana community strenuously objected to at the public hearing held in Lansing on January 5, 2009. The revised Regulation closely follows the MMA and eliminates the objectionable inspections, inventories and other intrusive features of the original Draft. These Regulations represent a complete and thorough victory for the medical marijuana community and recognition of its strength and persuasiveness at the MCDH.
The final Regulations represent a successful effort by all those who objected to the original Drafts including the Michigan Medical Marijuana Association led by Greg Francisco, the Marijuana Policy Project’s Karen O’Keefe, whose articulate and concise objections were reflected in the final Regulations and last but not least, the Michigan ACLU’s Mike Steinberg and Shelli Weisberg, its Legislative Director. These groups should all be congratulated for their unstinting efforts to help all those who will use and benefit from this progressive and beneficial law.
Also, special thanks should go to Tim Beck, an early and persistent advocate for medical marijuana and a leader in the local earlier successful efforts in Flint, Ferndale and Detroit to pass medical marijuana ordinances, to Matt Abel who advocated tirelessly for medical marijuana across the state and finally to Chuck Ream who led the successful effort to get medical marijuana approved in Ann Arbor in 2004.
There were many others who appeared at the hearing and explained their particular needs as patients and caregivers and their objections to the Department’s misguided focus on its and not the medical marijuana patient’s needs.
The MDCH hasn’t published the forms for Patient applications or a Doctor’s recommendation. However, both the MMA and the Regulations list almost identical the requirements for both. A doctor’s recommendation will have to be a
“Written certification” means a document signed by a physician stating the patient’s debilitating medical condition and stating that, in the physician’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition” Rule 1 (22).
The doctor can give a “written certification” for debilitating conditions described in the regulations and MMA as:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, or the treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or its treatment that produces, for a specific patient, 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.
(c) Any other medical condition or treatment for a medical condition approved by the department pursuant to a petition submitted under R 333.133. Rule 1 (5)
A patient’s application will have to include:
(i) Name, address, and date of birth of the qualifying patient. The address for the qualifying patient shall be a physical address located in this state. A qualifying patient who is homeless shall not be required to provide a physical address.
(ii) Name, address, and telephone number of the qualifying patient’s physician.
(iii) The name, address, and date of birth of the patient’s primary caregiver, if applicable. A qualifying patient may designate 1 primary caregiver to assist with his or her medical use of marihuana.
If a patient names a caregiver their application will have to include:
(iv) A designation of whether the qualifying patient or the patient’s primary caregiver, if applicable, will be allowed to possess marihuana plants for the qualifying patient’s medical use.
(v) An attestation by the primary caregiver named on the application that he or she agrees to serve as the patient’s primary caregiver.
(vi) A primary caregiver shall authorize the department to use the information provided on the application to secure his or her criminal conviction history to determine if he or she has a felony conviction involving illegal drugs.
Both the patient and, if appropriate, the caregiver will have to include with their application
“photographic identification of both the qualifying patient and the patient’s primary caregiver if applicable”
Applications will have to be accompanied by a $100.00 filing fee which will be used by the Department to verify the information in the application within 15 days and, if approved, send the patient, and if appropriate, a caregiver their individual registration card. Once a patient and/or caregiver has their card they’re fall within the protections of the statute.
There are many other provisions of the statute dealing with the protections of the statute, the addition of other debilitating conditions, renewals and revocations of registrations.
Notably the Regulations do not list the exemptions to the statute’s protections. They generally are:
(b) This act shall not permit any person to do any of the following:
(1) Undertake any task under the influence of marihuana, when doing so would constitute negligence or professional malpractice.
(2) Possess marihuana, or otherwise engage in the medical use of marihuana.(A) in a school bus; (b) on the grounds of any preschool or primary or secondary school; or (C) in any correctional facility.
Smoke marihuana: (A) on any form of public transportation; or (b) in any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
(5) Use marihuana if that person does not have a serious or debilitating medical condition.
These are the basic requirements of the MMA and the MDCH Regulations as they’ll go into effect on April 4, 2009. Any one who has one or more of the qualifying “debilitating conditions” and wants to become registered patient under the law should contact their primary care physicians immediately and ask for a written certification described above. If their physician refuses to provide a certification get a copy of their medical records describing their particular “debilitating condition” and make an appointment with other physicians who will give “Written Certifications” for patients.
The physicians who are willing to issue the “certifications” will be posted on the M3P website as we register them. We’ll also post lists of caregivers once we start registering them too.
M3P will place the forms on the website as they’re published. Stay in touch.
Michigan Medical Marijuana Patients (M3P)
info@medicalmarijuanapatients.org
If you no longer want to be a member of Michigan Medical Marijuana Patients, you can unsubscibe your membership here.
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I have file a brief stating that I wish to have mentally ill persons included IM paul jensen
There are umpteen opposite nutrient of the act dealings with the protections of the act, the plus of otherwise enervating conditions, renewals and revocations of registrations.
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mary scott