Drug War Issues
Politics & Advocacy
Michigan Attorney General Bill Schuette (R) has opened another front in his battle against medical marijuana. In an official opinion released last week, Schuette said police are not required to return medical marijuana seized from patients in compliance with state, even though the state's voter-approved Michigan Medical Marijuana Act demands they do so.
Bill Schuette (wikimedia.org)
"By returning marijuana to a registered patient or caregiver, a law enforcement officer is exposing himself or herself to potential criminal and civil penalties under the (federal law) for the distribution of marijuana or for aiding or abetting the possession or distribution of marijuana," the opinion stated.
The provision of the Michigan Medical Marijuana Act that requires police to return patients' pot "directly conflicts with and is thus preempted by the federal Controlled Substances Act to the extent [it] requires a law enforcement officer to return marihuana to a registered patient or primary caregiver upon release from custody," Schuette added in the opinion.
Schuette's move was immediately blasted by medical marijuana supporters. "I can't believe the AG absolutely refused to honor his own state law, citing preemption by federal mandate," Rick Thompson, editor of Michigan Medical Marijuana magazine told the Detroit News. "Who does this man work for? The citizens of Michigan, or US Attorney General Eric Holder?"
The opinion is just Schuette's latest move against the Michigan Medical Marijuana Act. As an appellate judge, he led the campaign against it in 2008. Since being elected attorney general last year, he has filed numerous briefs supporting prosecutors who have interpreted the act narrowly.
"There is a pattern here of him trying several things to make the law so restrictive or prohibitive so that people can't participate," Jamie Lovell of the 3rd Coast Compassion Center in Ypsilanti told the News.
Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.
Comments
Michigan AG Says Cops Can Seize Medical Marijuana
Let the lawsuits begin! What is this A.G. thinking? The Federal A.G. needs to put this refer~madness man in CHECK! OR, where is the Michigan Militia when you need them? Governmental Officials that have rose above the law.( a voted in law, the will of the people) This Bill Schuette, has no care or compassion for the ill and sick in his state,remove him from public office!! WTF?
"RECALL SCHUETTE" "Shame on Schuette"
In reply to Michigan AG Says Cops Can Seize Medical Marijuana by Just an old Hi… (not verified)
MICHIGAN AG
I can't believe this guy is not on something or other.. and it certainly is not peaceful Cannabis. This is a serious problem because this could happen else where. Election year is coming up and we need to excersize our voting rights to assure these kind of people are no longer in office. We need to step up our letter writing, emails, telephone calls, smoke signals, etc to our government reps on every level. We need massive peaceful protest. I talk to people every day and have met some seriously ill people who benefit from Cannabis. Medical Marijuana is extremely important to patients everywhere as an alternative RX.I survived third stage breast cancer which spread several times.. My Dr. suggested I use marijuana to help me eat, control pain, etc. That was 31 yrs ago this past Sept. I know for a fact it helped me.. I do not propose that it will help everyone any more than a conventional legally prescribed Rx would. I am approx 5 months older than Federal Prohibition. Prohibition has lead up to creating a web site http://www.greenribbonworld.com and my becoming Ganja Granny. Its not a long time to be alive but it is a long time to live under these antique laws that were put into effect by an uneducated society from another era(1937). Enough is enough with this REEFER MADNESS mentality...
as if they would have complied anyway.
can he be recalled?
i hope so
Throw him out.
Throw this sucker out! Sue him, impeach him. Harass him! Don't let this sucker get away!
not true
Federal law allows enforcement officers to distribute controlled substances if they are enforcing state or local law in doing so.
WHY did the same voters elect this WANKER?!
The article says that the same voters that rallied for the medical Marijuana rights also voted in this WANKER. Or did the scum get into office the same way that Bush did?
The American people need to take back control of government and elect Ron Paul in 2012.
Violating His Oath of Office
Michigan Attorney General Bill Schuette took an oath of office to uphold the laws of the State of Michigan. He continues to refuse to uphold those laws. He himself is now Breaking the Law and should be considered a criminal. Treat him the same way the DEA treats Medical Marijuana Patients - Kick down his door with armed and masked gunmen, terrorize his family at gunpoint - and don't forget to shoot the family dog!
Under this a$$'s
Under this a$$'s
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