I wish I could answer that. But the issue of a Civil case over a Criminal one is one of distinction as Mr Rocklin pointed out in his Opine of the ruling. But, I will Say what I have always have said, the only thing that has changed, are some of the rules (since the law was first enacted). IE Cannabis has not been legalized Medically or otherwise in Mi. We have an Exception (Protection if you will) from Prosecution, and if you DO end up in trial, thanks to the 1st MC Ruling, you have the opportunity to submit your actions were "Medically Related" to a Jury. So long as you have a Dr Recommendation prior to Arrest under a section 8.
I have also always said, Dispensaries are not "authorized" via the Act. I understand, and see the need for them, but the fact remains, The Mi Voters said a CG/PT Connection is authorized. Personally it is my opine that we are all on the Same Registery, thus we are all under the same Policy or Contract if you will. This is Not how the MS Just ruled, and how that changes things on the Criminal Case level is likely yet to be really seen or understood, which is why I completely agree with the decent of Justice Cavenaugh. But the fact remains, they (MSC) did exactly what I knew they would. Absolutely kill any option of a Brick and Mortar, as they are not authorized under the ACT, though I did think they would uphold the CG to "A" Patient portion, they did not do that. The Kink created here now is the Assigned CG issue, which is why Justice Cavenaughs's decent is, imo, right on point.
And, as I have also always held to, the best way is the way our Law provides, for a lateral connection between Patients and Cargegivers. IE every CG has atleast one PT who is also a CG.
THE Main issue now is the SC just upheld the only monetary exchange that is "Authorized" per the MMM Act is via a PT to his Assigned CG. The Hurdle though is as a PT, regardless of where you ACQUIRE, so long as you acquire below your "ALLOWED" Quantity (ie 12 plants 2.5oz as a Pt) is Protected as a Sec 4) Defense, But the party you acquire from is NOT protected via a Sec 4 (IE no arrest) but again, due to the 1st MC Ruling, that dispensing party has a right to submit a sec
defense infront of a Jury.
It is a Two edged sword, and that has never changed.
So In my Personal Opinion, the only thing that has changed with these last 2 MS Cases/Rulings so far, You can only get it from a CG were BOTH are SAFE From arrest so long as BOTH have a Dr Rec and are on the MI Registry Program and are working at or under the noted limits. Other than that, you can be and probably will be arrested If/When that scenario arises. Otherwise the person receiving the remuneration (ie, non assigned CG or other Party) will have to prove in a court it was Medically Acceptable Actions.
Bottom line? get your Dr recommendation and put a lawyer on retainer if you are going to do anything beyond your connected Pt or CG.
I dont agree with it, but it is what I expected. BRICK AND MORTARS are now, and Will ALWAYS Be Demonized until Big Pharma and the Perverted Uncle Chester can put their greedly little paws into it. Then and ONLY THEN, we see legalized Cannabis, STRICTLY FOR INDUSTRIAL, LARGE CORPORATIONS, it will still be illegal for you and I if we let these Fucks continue without Speaking the Fuck up.
It is time to start the Full out Legalization and Decriminalization of Cannabis on ALL LEVELS. FUCK Wa, and Colorado (No offense to you out there, you did a great thing, but imo, you are trying to stuff a round peg into a square hole, when you actually need to just remove the fucking game altogether).
I have made no bones about my position. I must stand by the Right thing to do, and IMO, that is to Carry the Flag of Jack Herer. IT IS A FUCKING HERB. Grass, Catnip, Crabgrass, Kentucky Bluegrass, ect ect ect. The only way to fix this mess it to remove the gameboard they are playing on. Therefore I am calling on everyone to put in the effort to put on your County 2014 Ballot, Language to allow for all out Legalization, any amount, any need, any reason for use. Fuel, Paper, Medicine, Home Construction Block and Concrete, Clothing, Food, Ect ect ect. It is time to RE Educate our Farmers on the benefits of growing hemp/cannabis. We need to allow the PEOPLE of Michigan to make a REAL VOTE.
I will be starting to work on getting a proposal together, to allow for any county in the State of Mi to use (adopt and fill in correct information for you county) to put for a Ballot Initiative on the local level, for the all out legalization. No one ounce limit, No limits at all, No medical use required. Only requirement is you be an Adult.
Michigan needs to put on its big boys and girls pants, and do exactly what we did to end the Prohibition of Alcohol. JUST OUTRIGHT LEGALIZE it on a State Level.
Question is, who else is going to put in the time and effort in each of their counties to get the required signatures to put this on the ballot in your county?
I dont know about you all, but I Fully Grasp the Severity of this Issue, and completely understand the endeavor this proposition is. My Home County is Bill SchuItte's Home County, SO For me, I would see it as a Major Community and Personal success to get a full out Decriminalization and Legalization Initiative to pass by his own HOMETOWN PRIDE!
