Michigan AG Says Cops Can Seize Medical Marijuana

Submitted by Phillip Smith on (Issue #709)
Drug War Issues
Medical Marijuana
Politics & Advocacy
State & Local Executive Branches

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.

[image:1 align:right caption:true]Police risk running afoul of the federal Controlled Substances Act if they comply with state law by returning marijuana to patients lawfully in possession of it under state law, Schuette wrote.

"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.

News Brief
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

Just an old Hi… (not verified)

 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"

Thu, 11/17/2011 - 11:06am Permalink
Arlene Williams (not verified)

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...

Thu, 11/17/2011 - 1:52pm Permalink
strangepuppy (not verified)

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.

Thu, 11/17/2011 - 5:56pm Permalink
A420Nation (not verified)

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!

Fri, 11/18/2011 - 9:42am Permalink
Solo5010 (not verified)

Under this a$$'s interpretation it would be illegal for the police officer to take possession of the marijuana from the patient in the first place, since he is trying to hide behind the CSA Because under the CSA it is illegal for ANYONE to posses a controlled substance that is not prescribed for that person. See what I'm saying? Under the CSA it's even illegal for a patient to return an RX medication to anyone other than the DEA special agent in there district, even a doctor or pharmacist. Plus when you read the quoted text in the article, the police are not allowed to confiscate the marijuana in the first place as long as the person is a card carrying patient/caregiver. So there should never be an issue if the police are to never confiscate lawful marijuana under our state law. I don't understand how state/local officers and going to arrest people for a federal offense and prosecute them in a non federal court? Is this jerk off telling state/local police to call the DEA on patients/caregivers? IMPEACHMENT NOW!!!
Wed, 01/11/2012 - 6:53pm Permalink
Solo5010 (not verified)

Under this a$$'s interpretation it would be illegal for the police officer to take possession of the marijuana from the patient in the first place, since he is trying to hide behind the CSA Because under the CSA it is illegal for ANYONE to posses a controlled substance that is not prescribed for that person. See what I'm saying? Under the CSA it's even illegal for a patient to return an RX medication to anyone other than the DEA special agent in there district, even a doctor or pharmacist. Plus when you read the quoted text in the article, the police are not allowed to confiscate the marijuana in the first place as long as the person is a card carrying patient/caregiver. So there should never be an issue if the police are to never confiscate lawful marijuana under our state law. I don't understand how state/local officers and going to arrest people for a federal offense and prosecute them in a non federal court? Is this jerk off telling state/local police to call the DEA on patients/caregivers? IMPEACHMENT NOW!!!
Wed, 01/11/2012 - 6:54pm Permalink

Add new comment

Source URL: https://stopthedrugwar.org/chronicle/2011/nov/15/michigan_ag_says_cops_can_seize