Some fine law enforcement folks in Oakland county.

[lincoln8740]

Well again.. pursuant to the MDCH guidance on this.... "You, or your designated primary caregiver, may grow your marihuana. There is no place in the state of Michigan to legally purchase medical marihuana."

guidance is not the law and I really think this whole thing hinges on the quality of the cards and the inability to verify those cards with a State agency

[bailey]

guidance is not the law and I really think this whole thing hinges on the quality of the cards and the inability to verify those cards with a State agency

The MDCH guidance is there to explain that under the act, THERE IS NO LEGAL PLACE TO PURCHASE POT IN MICHIGAN...ever. end of sentence end of paragraph. end of story.
The "cards" that the cops had gave them the right...like the others in the restaurant... to USE MM if they needed to. Nothing about having a card bestows a right to purchase pot over the counter.

however, the loophole looking to be exploited here is that " reasonable compensation" may be paid to a caregiver. BUT, in order to be a "caregiver" the following must be done ...

The MMMA provides for a system of designated caregivers. The caregiver can acquire 2.5 ounces of usable marihuana and grow up to 12 marihuana plants for a qualifying patient. The caregiver may assist up to 5 patients. The caregiver must sign a statement agreeing to provide marihuana only to the qualifying patients who have named the individual as their caregiver. The caregiver's name, address, birth date and social security number must be provided to the state at the time of a patient's registration. The Department will issue a registry identification card to the caregiver who is named by a qualifying patient on his/her application. The Department may not issue a registry identification card to a proposed caregiver who has previously been convicted of a felony drug offense. The Department will verify through a background check with the Michigan State Police that the designated caregiver has no disqualifying felony drug conviction. A caregiver may receive reasonable compensation for services provided to assist with a qualifying patient's medical use of marihuana.

The folks here are are saying...wait...we wern't running a pot store, we were just acting as caregivers...except they didn't go through any of the steps necessary to do so, they just checked a card and sold the pot.

[lincoln8740]

The MDCH guidance is there to explain that under the act, THERE IS NO LEGAL PLACE TO PURCHASE POT IN MICHIGAN...ever. end of sentence end of paragraph. end of story.

What? Didn't know MDCH could create laws hmmm that's news to me

Well in that case can they say-- only purple kush can be used
or brownies are good but cookies are bad?

Guidance is not the law-end of sentence, end of paragraph, end of story

Now if there was an AG opinion--you might have a small argument. I would sitll disagree but I could see your point

The "cards" that the cops had gave them the right...like the others in the restaurant... to USE MM if they needed to. Nothing about having a card bestows a right to purchase pot over the counter.

however, the loophole looking to be exploited here is that " reasonable compensation" may be paid to a caregiver. BUT, in order to be a "caregiver" the following must be done ...


The folks here are are saying...wait...we wern't running a pot store, we were just acting as caregivers...except they didn't go through any of the steps necessary to do so, they just checked a card and sold the pot.

From the same story:

There's nothing in the act that addresses the change process if a patient wants to add a caregiver or remove a caregiver," and whether dispensaries are illegal "is nothing that we have any opinion on," Celeste Clarkson, manager of the Michigan Medical Marijuana Registry Program, said Tuesday.

[bailey]

What? Didn't know MDCH could create laws hmmm that's news to me

Well in that case can they say-- only purple kush can be used
or brownies are good but cookies are bad?

Guidance is not the law-end of sentence, end of paragraph, end of story

Now if there was an AG opinion--you might have a small argument. I would sitll disagree but I could see your point

[color=#000000]
From the same story:

There's nothing in the act that addresses the change process if a patient wants to add a caregiver or remove a caregiver," and whether dispensaries are illegal "is nothing that we have any opinion on," Celeste Clarkson, manager of the Michigan Medical Marijuana Registry Program, said Tuesday.

Seriously Linc.... ok, MDCH guidance is NOT the law. thanks. I understand that.
Perhaps you could point out where in the MCLA there is an allowance made for anyone anywhere to sell pot? The MDCH guidance is simply and accurate statement of law. You can not buy pot in michigan legally. We dont need an AG's ruling.

While there may be vagaries on the specifics of how to change caregivers, they weren't ...according to the article...even performed in a perfunctory manner.

Oakland County Prosecutor Jessica Cooper said Tuesday that using the fake ID cards "wasn't entrapment [[because) entrapment is a legal defense that applies only in cases where someone is lured into committing an illegal act.
"They weren't lured, but instead were "so far outside the act [[it's) absurd," Cooper said.
She cited evidence of "hand-to-hand buys of copious amounts of drugs."

They were clearly running a dispensary. I understand that there is nothing clearly saying they can not, if they can fit themselves into the "reasonable compensation" box and comply with the caregiver requirements....however, they seemed to be flouting that with enough impunity to attract the sherriffs..

[lincoln8740]

While there may be vagaries on the specifics of how to change caregivers, they weren't ...according to the article...even performed in a perfunctory manner. They were clearly running a dispensary. I understand that there is nothing clearly saying they can not, if they can fit themselves into the "reasonable compensation" box and comply with the caregiver requirements....however, they seemed to be flouting that with enough impunity to attract the sherriffs..

I agree 100% but I still think those fake cards are a big obstacle to get around for prosecutors before one even needs to get into the caregiver compensation stuff.

also

1. I really dislike pencil pushing bureaucrats creating laws when it is not their job

2. I can't believe a prosecutors office would call charges of entrapment "absurd" -I am shocked!

[Blarf]

On another thought, isn't creating false documents in order to obtain medical marijuana a crime?

Are the police who created these fake documents going to be charged?

[Meddle]

On another thought, isn't creating false documents in order to obtain medical marijuana a crime?

Are the police who created these fake documents going to be charged?

For most, creating false documents is called counterfeiting or forgery.

But, hey, guess what? It's OK for them to lie to you in an interview trying to entice you into confessing, but it's not OK for you to lie to them to try and get them to go away.