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Medical marijuana continues to face opposition

Attorney advises Linden City Council not to pass ordinance

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Posted: Saturday, October 15, 2011 9:28 pm | Updated: 9:39 pm, Sat Oct 15, 2011.

Medical marijuana may go up in smoke, or at least that's what Linden City Attorney Charles Mckone is predicting.

 McKone recently recommended the Linden City Council not pursue an ordinance on dispensaries for medical marijuana. He believes the law may soon be overturned by the Michigan Supreme Court. "I recommend that the police continue as they have, arresting anyone possessing or smoking marijuana," he said. The city currently has a moratorium on medical marijuana dispensaries.

 Linden police officers currently arrest anyone with the possession of marijuana, regardless if they have a medical marijuana card. Mckone said that it is up to a judge to decide if a medical marijuana patient is legally clear to possess marijuana.

 The Michigan Medical Marihuana Act was passed by 62 percent of voters in 2008. Since the passing of the law however, state officials and authorities have had difficulty defining and enforcing the law.

 Another blow came to medical marijuana patient when the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) alerted firearm dealers and police that guns and ammunition cannot be sold to registered users of marijuana. Under federal law, guns are illegal to users of "marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance."

 The city of Fenton also has a moratorium on medical marijuana dispensaries. Fenton Police Chief Rick Aro said Fenton police do not have a sweeping policy with medical marijuana. Each scenario is taken by a case-to-case basis. "Arrests for marijuana depend upon how much marijuana a person has and if it's in a public setting," he said. "There are a lot of factors involved."

 According to Aro, Fenton police have encountered a few residents who have their medical marijuana card but overall, arrests for marijuana have not increased.

 Linden City Councilor Danielle Dixon asked about the potential liability to the city of Linden if Linden police arrest a legal medical marijuana user.

 Mckone said, to date, municipalities have not had to face liability issues for arrests. Those arrested are given a ticket of appearance to court, where counties decide enforcement and not local municipalities.

 "If we just believed every card we saw, we wouldn't arrest anyone," McKone said. "Our position is to tell the courts what happened and it's up to the individual to defend themselves."

 Phillips Hildner, a local attorney, said Linden's current method of dealing with medical marijuana users could hypothetically cause the city trouble.

 "I would be very reluctant if I was a police officer and arrested someone with a medical marijuana card, or at least until the law is settled," Hildner said. "If there was a card presented, there could very well be a lawsuit for an incorrect arrest." Hildner said that an arrest for medical marijuana would probably result in a civil suit, which would end up using taxpayer money.

 The council has not voted on whether to adopt a medical marijuana ordinance.

 A ruling on the Michigan Medical Marihuana Act by the Michigan Supreme Court is likely in the near future.

Other drug-related deaths in tri-county area


 ending the conclusion of the investigation, Switzer’s death could be the fifth known drug overdose in the tri-county area of young people between the ages of 17 and 22 in 2011. 

Briona Jawhari, 17, of Fenton Township died of a heroin overdose on Feb. 14. Briona’s friend Erika Schlosser, 19, of Fenton died two days later, on Feb. 16, also from a heroin overdose. On March 5, Adam Harden, 22, of Tyrone Township died from an overdose and on April 3, Curtis Petry, of Grand Blanc died from an overdose.

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  • anonymous posted at 3:41 am on Mon, Aug 13, 2012.

    anonymous Posts: 4398

    Based on the unalterable proviso that drug use is essentially an unstoppable and ongoing human behavior which has been with us since the dawn of time, any serious reading on the subject of past attempts at any form of drug prohibition would point most normal thinking people in the direction of sensible regulation.
    By its very nature prohibition cannot fail but create a vast increase in criminal activity, and rather than preventing society from descending into anarchy, it actually fosters an anarchic business model - the international Drug Trade. Any decisions concerning quality, quantity, distribution and availability are then left in the hands of unregulated, anonymous, ruthless drug dealers, who are interested only in the huge profits involved.

    Many of us have now finally wised up to the fact that the best avenue towards realistically dealing with drug use and addiction is through proper regulation, which is what we already do with alcohol & tobacco --two of our most dangerous mood altering substances. But for those of you whose ignorant and irrational minds traverse a fantasy plane of existence, you will no doubt remain sorely upset with any type of solution that does not seem to lead to the absurd and unattainable utopia of a drug free society.

    There is an irrefutable connection between drug prohibition and the crime, corruption, disease and death it causes. If you are not capable of understanding this connection, then maybe you're using something far stronger than the rest of us. Anybody 'halfway bright' and who's not psychologically challenged, should be capable of understanding, that it is not simply the demand for drugs that creates the mayhem; it is our refusal to allow legal businesses to meet that demand.

    No amount of money, police powers, weaponry, wishful thinking or pseudo-science will make our streets safer; only an end to prohibition can do that. How much longer are you willing to foolishly risk your own survival by continuing to ignore the obvious, historically confirmed solution?

    If you still support the kool aid mass suicide cult of prohibition, and erroneously believe that you can win a war without logic and practical solutions, then prepare yourself for even more death, corruption, terrorism, sickness, imprisonment, unemployment, foreclosed homes, and the complete loss of the rule of law and the Bill of Rights.

    The only thing prohibition successfully

  • geovs posted at 1:42 pm on Tue, Oct 18, 2011.

    geovs Posts: 1

    What a joke, HOW can this town say they are a part of Michigan if they are allowed to cherry pick what laws to follow, how sick! You say the law is so confusing, one question, have you read any law in the book? Because if you read the law before and after the Marijuana law, and you can look me in the eye and say you understand those laws better, your a LIER! FACT marijuana is a huge money machine for judges police lawmakers, how much do you think this business is for them thousands, think again this dried dead plant accounts for a multi MILLION dollor operation, Im sure the law is confusing to them, they cant understand how to make up for half of their pay-rolls. Fact morphine vicodin darvecet KILL DAILY in America, NO ONE HAS EVER DIED FROM MARIJUANA ALONE, Fact more have died from TYLENOL!!!!!!!!!!!! Fact pharmecutical business is a MULTI BILLION dollor business, do you think they want the truth about this miracle drug yeah right. I hear many say, I see young people going to gym and they have cards, well your ignorance proved two more facts, one the drug works, because arent they suppose to take the medicine to improve as to have a somewhat normal life from pain ect ect???? Two pain is non discrimative and or sickness effects kids up to adults. Fact morphine vicodin pain pills VERY addictive, want proof go to your local rehab and find out who is in for what you will be blown away! Fact at least 63% of michiganders voted for this, yet many supporters did not fearful it was a trick. Fact 53% of America as a whole would vote for TOTAL legalization! Fact (that makes me sick) A FEW in power have been able to change a THREE year old law, on opinions and LIES!!!!!! Yeah they really waited to see how this was going to work JOKE, plus out of 200000 pateints or more, how many have LEGALLY been arrested? How much crime has this bill STOPPED like cartel drugs, you think columbia is supplying Michigan with swag yeah right! Fact is many cripple and sick people suffer from the actions of a few ignorant people that have money to lose or power! Fact the federal goverment says Marijuana is a schedule 1 drug , like herion, LIE and they know it yet sick and cripples suffer, marijuana SHOULD NOT BE a schedule anything! It is FAR safer than achohol, and tabbacco, you can eat it, or my favorite vaporize it. Stop being cowards and start being truth full, STOP THE BS!!!!!!!!!

  • ac24221 posted at 8:03 pm on Mon, Oct 17, 2011.

    ac24221 Posts: 0

    If an abused card holder could sue Linden City Attorney Charles Mckone directly he might not be so reckless in his advice. What does he care if retirees and those less well healed have to pay for behavior. Arrest everyone "What me worry."


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