(MI) Attorney General: Police can seize medical marijuana (and not return it)

[Bozita]

Source: Detroit Free Press

Attorney General: Police can seize medical marijuana
5:15 PM, Nov. 10, 2011
BY DAWSON BELL
DETROIT FREE PRESS LANSING BUREAU


A provision of the Michigan medical marijuana law that prohibits police from seizing pot possessed by licensed medical marijuana patients is invalid because it conflicts with federal law, Attorney General Bill Schuette said in an opinion released today, one in which he warns officers who return marijuana to patients could be prosecuted as dope dealers.

“It is ‘impossible’ for state law enforcement officers to comply with their state law duty not to forfeit medical marijuana, and their federal law duty not to distribute or aid in the distribution of marijuana,” according to the opinion.

Schuette was responding to a request from state Rep. Kevin Cotter, R-Mt. Pleasant, who asked whether police were required to return marijuana to medical marijuana patients who had been arrested or detained upon their release.

An opinion from the attorney general is generally considered binding legal opinion, especially on state agencies like the Michigan State Police, unless and until it is rejected by a judge.



Read more: http://www.freep.com/article/20111110/NEWS06/111110057/Michigan-attorney-general-Police-can-seize-medical-pot-not-return-patients?odyssey=tab|topnews|text|FRONTPAGE

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Unfuckingbelievable!

[sarcasmo]

1. We, being those of us in the state of Michigan voted to legalize medical marijuana

nearly 60% to 40% in favor and now the AG says no, WTF? This is no longer the United States. The AG can be the dictator, this is total bullshit.

[blue_onyx]

7. Not nearly 60%

MI voted in favor of medical marijuana by over 60% (63% vs. 37%). Clearly Republicans don't care what the voters think.

[sarcasmo]

12. I was going by memory so my numbers were close.

[Siwsan]

2. I wish someone would seize him, and not return him

Preferably space aliens. And, not the friendly ones.

[bigwillq]

3. ....

:thumbsup:

[24601]

4. Thought the feds didn't want help enforcing federal laws. as in

Arizona. Be interesting to see the courts turn this on its head on that basis.

[JNelson6563]

5. I see, so, so much for "states' rights" eh Bill?

As with everything, the Rethugs are totally states' rights conquer all, unless the federal law is more to their liking as in this instance.

We really need to get a Dem AG in there next time.

Julie

[droidamus2]

6. This is what its all about

when the feds send letters to the state Attorneys General or the local equivalents and warn them that no matter what the state laws are the Federal laws could still get people in trouble with the law. That way the conservative tight assed AG drug warriors that don't approve of medical marijuana initiatives or legislation have a built in excuse as to why they won't abide by the state laws. Of course, that ignores that fact that since these are 'state AGs' there is probably something in their job description that says they are to uphold the laws of their state. I would be interested if there is any differentiation in the oath or job description that says laws of the state and laws of the United States.

[NBachers]

8. So, when the cops turn around and start selling the pot, will they be prosecuted as dope dealers?

[Bozita]

9. Under the drug forfeiture laws, couldn't the cops seize their cars, homes, assets?

They have the drugs. Seizure is now legal. Why not take everything they've got?

Local PDs will love this AG opinion! Every PD is always in need of new toys, like the *latest* in riot gear.

[BadgerKid]

10. I thought "dealer" implied "intent to sell."

Or maybe the AG knows this but figures he can otherwsie harass patients. I doubt medical MJ patients have intent to sell.

[Uncle Joe]

13. The MI AG not only drank the koolaid, he took Jello shots as well.

Now returning state legalized medicine to its' rightful owners without selling it, gets them labeled as "dope dealers," in his book.

The way I understand it, a State Attorney General is required to uphold state law until and unless federal law takes them to court and overturns it.

[No Elephants]

11. What could possibly go wrong?

Let me see if I understand:

those who have prescriptions and a medical need to use marijuana as medicine cannot have it. Only those with no medical need or prescription may have it.

Oh, well, since only the government can have it, at least we know it will not end up being sold on the street to any Tom, Dick or Harriette.