Submitted by Greg Francisco on Fri, 03/20/2009 - 09:39
A small group of us attended last night’s meeting of the South Berrien County Republican’s to hear the County Prosecutor give his spin on the new law. And we had a blast doing it! Thanks to Pastor J, Bones, Kruzty & Victor for showing up and helping to “keep them honest.”
We had tipped off the local media and the meeting organizers to let them know of our intentions to attend. The reporters came looking for confrontation and the organizers came fearing it. There were no confrontations.
Berrien County Prosecutor Art Cotter was very frank—he does not like the new law. Gee, big surprise, eh? But, as he readily conceded, like it or not the law passed by a large margin—but only because voters didn’t know what they were voting for, those poor duped voters—so now we all have to live with it.
Prosecutor Cotter put up a comprehensive Power Point presentation. I’d say we’re reading about 90% of the law in the same way, we’re reading it differently on 5% more and on that last 5% we also agree. Ultimately it will be up to judges and juries to decide. There were a couple items however that came up that were tremendously encouraging.
First, Prosecutor Cotter addressed the “locked, enclosed facility,” question. Remember, this is only one prosecutor in one county, but it still bodes well. During his presentation Cotter said that a backyard garden with a 6’ fence that the neighbor kids could hop over would not meet the standard. Well, duhhh. I don’t think it does either.
So the very first question I asked during Q & A was, “rather than getting bogged down in specifics like say, if the wall is 18’ tall and electrified, would that….let me re-frame. Is it your position that if the garden is ‘open to the sky’ it is not a locked enclosed facility?”
Cotter stopped to mull the question for a moment and replied, “No, I’m not saying that. For instance an 8’ fence w/ barbed wire on top would be legal. I’m just saying it must deter entry by the neighbor kids. It can’t be something anyone can just hop over.” Well, that only makes sense.
Cotter also made a bold claim that stunned me. I think he’s wrong. I hope he’s right. Registered medical marijuana patients who get caught up in random, suspicionless on-the job drug screens may not be penalized by the employer.
He did go on to say that this—dirty pee and more importantly, possession (not use) of medical marijuana in the workplace--is a civil matter, not criminal, so his office would not get involved. That’s what I think, too, btw. It is a civil matter and employment is a private contract between employer and employee. Meaning if employers want to discriminate against legal medical marijuana users they may legally do so. I don’t want them to of course. But I think they legally can. It’s one of those things the courts are going to have to decide. I’m not surprised to learn that the Prosecutor and I are of opposite opinions on this. I am amazed to think which side each of us finds ourselves!
One thing Peanut Butter is not going to like one bit. I’m just the reporter here, so don’t yell at me, OK? On the issue of Affirmative Defense and dismissal of charges, Cotter was adamant that even after charges were dismissed, the medicine would not be returned to the patient. He spent a fair amount of time belaboring the point and I’m not going to go through his rationales because I don’t want to be put in the position of defending them.
The real winner here was the public. The meeting room was full to overflowing and excuse the stereo-types, but an awfully lot of them didn’t look like “Repubs” to me.. Shows how much I know. Or how great the interest is.
One last plus. I sat next to the local State Rep. She was very interested, took lots of notes and asked lots of questions. Asked them of me after the program. And better yet, we did the traditional “exchanging of the cards,” with broad assurances from both to, “stay in touch, let’s talk more, soon.”
Hehehehehehehe. Some days I love my job. Best job I’ve ever paid money to hold.
Brad & I are both hoping to draw $400 for gas money this month. If we can sign up 20 new members, we’ll be able to cover it. Can you help?
www.michiganmedicalmarijuana.org
A small group of us attended last night’s meeting of the South Berrien County Republican’s to hear the County Prosecutor give his spin on the new law. And we had a blast doing it! Thanks to Pastor J, Bones, Kruzty & Victor for showing up and helping to “keep them honest.”
We had tipped off the local media and the meeting organizers to let them know of our intentions to attend. The reporters came looking for confrontation and the organizers came fearing it. There were no confrontations.
Berrien County Prosecutor Art Cotter was very frank—he does not like the new law. Gee, big surprise, eh? But, as he readily conceded, like it or not the law passed by a large margin—but only because voters didn’t know what they were voting for, those poor duped voters—so now we all have to live with it.
Prosecutor Cotter put up a comprehensive Power Point presentation. I’d say we’re reading about 90% of the law in the same way, we’re reading it differently on 5% more and on that last 5% we also agree. Ultimately it will be up to judges and juries to decide. There were a couple items however that came up that were tremendously encouraging.
First, Prosecutor Cotter addressed the “locked, enclosed facility,” question. Remember, this is only one prosecutor in one county, but it still bodes well. During his presentation Cotter said that a backyard garden with a 6’ fence that the neighbor kids could hop over would not meet the standard. Well, duhhh. I don’t think it does either.
So the very first question I asked during Q & A was, “rather than getting bogged down in specifics like say, if the wall is 18’ tall and electrified, would that….let me re-frame. Is it your position that if the garden is ‘open to the sky’ it is not a locked enclosed facility?”
Cotter stopped to mull the question for a moment and replied, “No, I’m not saying that. For instance an 8’ fence w/ barbed wire on top would be legal. I’m just saying it must deter entry by the neighbor kids. It can’t be something anyone can just hop over.” Well, that only makes sense.
Cotter also made a bold claim that stunned me. I think he’s wrong. I hope he’s right. Registered medical marijuana patients who get caught up in random, suspicionless on-the job drug screens may not be penalized by the employer.
He did go on to say that this—dirty pee and more importantly, possession (not use) of medical marijuana in the workplace--is a civil matter, not criminal, so his office would not get involved. That’s what I think, too, btw. It is a civil matter and employment is a private contract between employer and employee. Meaning if employers want to discriminate against legal medical marijuana users they may legally do so. I don’t want them to of course. But I think they legally can. It’s one of those things the courts are going to have to decide. I’m not surprised to learn that the Prosecutor and I are of opposite opinions on this. I am amazed to think which side each of us finds ourselves!
One thing Peanut Butter is not going to like one bit. I’m just the reporter here, so don’t yell at me, OK? On the issue of Affirmative Defense and dismissal of charges, Cotter was adamant that even after charges were dismissed, the medicine would not be returned to the patient. He spent a fair amount of time belaboring the point and I’m not going to go through his rationales because I don’t want to be put in the position of defending them.
The real winner here was the public. The meeting room was full to overflowing and excuse the stereo-types, but an awfully lot of them didn’t look like “Repubs” to me.. Shows how much I know. Or how great the interest is.
One last plus. I sat next to the local State Rep. She was very interested, took lots of notes and asked lots of questions. Asked them of me after the program. And better yet, we did the traditional “exchanging of the cards,” with broad assurances from both to, “stay in touch, let’s talk more, soon.”
Hehehehehehehe. Some days I love my job. Best job I’ve ever paid money to hold.
Brad & I are both hoping to draw $400 for gas money this month. If we can sign up 20 new members, we’ll be able to cover it. Can you help?
www.michiganmedicalmarijuana.org
