All 4 bills passed the House Judiciary Committee!

Beagle

Beagle

Well-Known Member
Thursday, the House Judiciary Committee approved a bipartisan package of bills clearing ambiguities in the medical marijuana law to protect legitimate patients and provide a clear framework for officials to enforce the law.
"The work we have accomplished during the past several months removes the gray areas surrounding the use of medical marijuana," said state Rep. John Walsh, R-Livonia, committee chair. "We have produced a proposal more in line with the intent of voters when they approved the use of medical marijuana in 2008."
Now, the bill (House Bill 4834) clearly defines what officials have access to the medical marijuana registry, increases probable cause needed to access the registry and establishes penalties for inappropriate access to the registry.
It also eliminates the requirement for a photo taken within the past six months on patient and caregiver cards, and specifies that the Secretary of State's office not be required to transfer photos used on driver's licenses for use on certification cards.
It also sets a one-year deadline for the Department of Licensing and Regulatory Affairs to privatize the process of certifying patients and caregivers and issuing cards.
Amendments to House Bill 4851 remove the psychological assessment component of a medical examination for certification, change "in-person medical exam" to "in-person medical evaluation" and remove the need for examination and treatment from follow-up care required by the certifying physician.
Other amendments to HB 4851 provide for the transportation of live plants in a vehicle under certain circumstances, and specify that felons convicted of assault crimes would be banned from being caregivers. Another change clarifies the use of affirmative defense in medical marijuana court cases.

House Bill 4856 was amended to define useable marijuana for purposes of transportation. There were no changes to HB 4853, which clarifies sentencing guidelines.
Lawmakers say they worked closely with stakeholders involved in the issue as they made amendments to the bills, traveling to meet with interested parties and listening to testimony regarding the proposed reform.
"We certainly did our due diligence and have produced an amended plan that provides common-sense guidelines on the growth, transportation and use of medical marijuana," said Walsh.
The bills now go to the full House for consideration.
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Source: http://www.wlns.com/story/17287622/house-committee

Now in this article it talks about Felons of assault crimes being disqualified. If that's true my buddy may be in the clear, though he's also working to get his shit expunged.
 
B

bob harris

Well-Known Member
All in all..a good day for medical mj....and yes..they want to include "violent" in the Felon wording...which WOULD make some people with felonies eligible.
 
gladstoned

gladstoned

Well-Known Member
Beagle said:
Source: http://www.wlns.com/story/17287622/house-committee

Now in this article it talks about Felons of assault crimes being disqualified.
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Does anyone else on here think the felons of assault crimes should be REQUIRED to use medical marijuana so they CHILL THE FUCK OUT! Doesn't seem very well thought out, - "Hey lets let most residents grow marijuana, but we need to really piss of the violent people in this state, any ideas?" Is Lansing trying to figure out - "OK we are going to lose money with marijuana becoming legal, we need a jump in violent crimes?" Is my head going to explode trying to figure their logic?
 
Corso312

Corso312

Well-Known Member
i don't understand how anyone can be excluded..if you commit a crime,get convicted..serve your time..why should that influence growing a plant after you were released?
 
gladstoned

gladstoned

Well-Known Member
Could you imagine being rushed to a hospital and before they help you, they ask you about any allergies and then ask if you have a criminal background? lol.
 
st0wandgrow

st0wandgrow

Well-Known Member
gladstoned said:
Does anyone else on here think the felons of assault crimes should be REQUIRED to use medical marijuana so they CHILL THE FUCK OUT! Doesn't seem very well thought out, - "Hey lets let most residents grow marijuana, but we need to really piss of the violent people in this state, any ideas?" Is Lansing trying to figure out - "OK we are going to lose money with marijuana becoming legal, we need a jump in violent crimes?" Is my head going to explode trying to figure their logic?
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I believe it precludes them from being a caregiver, but i think they could still qualify as a patient.

Did I read that wrong?
 
gladstoned

gladstoned

Well-Known Member
Not sure. Felons get fucked enough. They can't get good job, now they can't even get bad job. If they can't become caregiver's then felon's should be allowed to get job as LEO? Michigan should worry about adding and moving forward, not taking away and moving backward. Can the governor come up with shit a felon can do to better their situation or is he concerned with keeping them down, so they can keep corrections alive and flourishing?
 
cephalopod

cephalopod

Well-Known Member
THE CODE OF CRIMINAL PROCEDURE (EXCERPT)Act 175 of 1927

770.9a Detention and denial of bail where defendant convicted of assaultive crime; “assaultive crime” defined; expediting appeal or application for leave to appeal.Sec. 9a.
(1) A defendant convicted of an assaultive crime and awaiting sentence shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons and that section 9b of this chapter does not apply.
(2) A defendant convicted of an assaultive crime and sentenced to a term of imprisonment who has filed an appeal or an application for leave to appeal shall be detained and shall not be admitted to bail unless the trial court or the court to which the appeal is taken finds by clear and convincing evidence that section 9b of this chapter does not apply and that both of the following exist:
(a) The defendant is not likely to pose a danger to other persons.
(b) The appeal or application raises a substantial question of law or fact.
(3) As used in this section, “assaultive crime” means an offense against a person described in section 81c(3), 82, 83, 84, 86, 87, 88, 89, 90a, 90b(a) or (b), 91, 200 to 212a, 316, 317, 321, 349, 349a, 350, 397, 411h(2)(b) or (3), 411i, 520b, 520c, 520d, 520e, 520g, 529, 529a, 530, or 543a to 543z of the Michigan penal code, 1931 PA 328, MCL 750.81c, 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.90a, 750.90b, 750.91, 750.200 to 750.212a, 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.411h, 750.411i, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, and 750.543a to 750.543z.
(4) The appeal or application for leave to appeal filed by a person denied bail under this section shall be expedited pursuant to rules adopted for that purpose by the supreme court.

History: Add. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1994, Act 195, Eff. Oct. 1, 1994 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002 ;-- Am. 2002, Act 483, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 32, Eff. June 30, 2004
http://www.legislature.mi.gov/(S(s5ae2u551xy4t1454xyftd55))/mileg.aspx?page=GetObject&objectname=mcl-770-9a
 
gladstoned

gladstoned

Well-Known Member
Still don't agree. The more you take away from felons the more they cannot simply do their time and move on. Whatever though. Obviously some are going to get screwed.
 
SketchyGrower

SketchyGrower

Well-Known Member
well, not speaking for all felons.... but, the ones I know would piss away any 2,3,4...5th chance they would get. and continue to do so. That's just the ones I know...
 
gladstoned

gladstoned

Well-Known Member
I personally think this is perfect option for some felons.
Coach little girls soccer - NO. Boy Scouts leader - NO. School Teacher - NO. DEA Agent - probably not. Medical Marijuana caregiver - Why the fuck not? You need to pick your battles and this isn't one of mine, but I sure don't agree with it. I am not a violent felon. I have several felonies though. I was a hard-core piece of shit back in the day, people change. I am proof. That can be taken to the bank. A violent felon should be restricted from certain things, medical marijuana should not be one of them. They should be telling violent felons, here do this, it will help you. You can give back to community, it is fucking fantastic therapy, etc.
 
cephalopod

cephalopod

Well-Known Member
So I know some one that plead nolo contendere to an attempted felonious assualt and have been trying to figure out if this will disqualify them? They said that their attorney described this as a high court misdemeanor, I've been looking and can't find a good answer. I see 750.82 is felonius assualt, but can't find attempted. Came across a few things that say that law doesn't even exist in MI??? Any thoughts or insight?
 
gladstoned

gladstoned

Well-Known Member
cephalopod said:
So I know some one that plead nolo contendere to an attempted felonious assualt and have been trying to figure out if this will disqualify them? They said that their attorney described this as a high court misdemeanor, I've been looking and can't find a good answer. I see 750.82 is felonius assualt, but can't find attempted. Came across a few things that say that law doesn't even exist in MI??? Any thoughts or insight?
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My insight is that sometimes years later you realize what you pleaded to and wish you had opportunity to back the fuck up. lol. That fine print will get your ass.
 
cephalopod

cephalopod

Well-Known Member
Yeah, we'll I guess they'll have to ask their attorney again or wait for a denial letter...if this gets thought the house. I've just never heard of a high court misdemeanor? I'm no attorney, but seems to me that they weren't convicted of a felony, like I said though what do I know? Lol
 
Corso312

Corso312

Well-Known Member
i know several felons from varying convictions...are you aware that it is pretty easy to get a felony drug charge even if you were a recreational user? any amount of coke or EX or pills is a felony....there is a difference between a guy who raped 2 women and should not be going into any womans' home ...and a guy/girl who got arrested for drugs...there needs to be more separation between felonies and felons.
 
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