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Michigan Cops Lock Up 80-Year Old Grandmother For Expired Medical Marijuana Card

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An 80-year-old grandmother who uses medical marijuana to treat arthritis was arrested by Michigan police earlier this summer for possessing a small amount of cannabis.

Delores Saltzman, of Clare County—a small, rural and conservative area in Central Michigan—then then spent a night in jail because her state-issued medical marijuana registration had expired.

Saltzman was not convicted of a crime. Charges were dropped last week after she renewed her medical cannabis paperwork.

However, news of her arrest is causing nationwide outrage.

Saltzman’s case is also likely to serve as a rallying point this fall, when Michigan voters will decide on a broader marijuana legalization ballot initiative—which Saltzman now heartily endorses.

Saltzman had been a medical cannabis patient for about four years when Clare County Sheriff’s Deputy Ashley Gruno visited Saltzman’s home at around 9 p.m. on June 13.

The grandmother credits cannabis with saving her life, after doctors prescribed her opioids that “caused stomach pains and vomiting,” she told a local Fox affiliate.

According to court records, Deputy Gruno was there to locate Saltzman’s great-granddaughter, who had lost her phone and ID, when she smelled marijuana while on Saltzman’s porch.

Saltzman told the deputy the marijuana was hers. She also revealed that while she was a licensed medical marijuana patient, she had let her recommendation expire.

Medical cannabis has been legal in Michigan since 2008.

It can take up to a month for patients to have a renewal application processed, according to the Michigan Department of Licensing and Regulatory Affairs website.

According to researchers, based on differing areas’ arrest rates, police in Michigan (as well as everywhere else) “exercise considerable discretion regarding enforcement, not just for marijuana offenses”—meaning, police in situations like Gruno’s have a choice whether or not to enforce the law to the fullest.

Marijuana possession in Michigan is a misdemeanor, and Gruno chose to enforce the law.

The officer seized “several pipes, four joints and one purple jar” with less than an eighth of an ounce of cannabis, Saltzman said.

The deputy then searched the octogenarian’s bedroom, handcuffed her and took her off to jail for the night, where cold conditions severely aggravated her arthritis, she said.

Gruno also failed to read Saltzman her Miranda rights, Saltzman said.

According to Michelle Ambrozaitis, the Clare County prosecutor, Saltzman was charged with misdemeanor marijuana possession after Deputy Gruno forwarded on the case to prosecutors for charging.

“However, our goal is to ensure that individuals who utilize medical marijuana are doing so legally,” Ambrozaitis wrote in a statement provided to Fox 17. “As such, Ms. Saltzman was encouraged to obtain her medical marijuana card and if she did so, the case would be dismissed. She did obtain her medical marijuana card and the case was dismissed.”

The charges were dismissed last week. In a statement provided to the television station, Clare County Sheriff John Wilson seemed to defend the arrest.

“What the person was doing was illegal, had she renewed her medical marijuana card she would have been fine,” he wrote in a statement. “The person was illegally in possession of marijuana.”

According to Saltzman, though her registration was renewed, she’s still waiting on her card—and, were Gruno to visit her home again, she could technically be sent back to jail.

Saltzman says she’s now sharing her story for two reasons: to encourage others to be open participants in the state’s medical marijuana program, and to encourage everyone to vote for the legalization initiative in November.

Legalization has followed busts of sick senior citizens in other jurisdictions.

Perhaps most infamously, in September 2016, Massachusetts cops used a helicopter to raid the home of an 81-year-old woman who was growing a single marijuana plant.

Less than three months later, Massachusetts voted to legalize recreational marijuana.

Michigan Marijuana Legalization Measure Approved For Ballot

Photo courtesy of Fox 17.

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Chris Roberts is a reporter and writer based in San Francisco. He has covered the cannabis industry since 2009, with bylines in the Guardian, Deadspin, Leafly News, The Observer, The Verge, Curbed, Cannabis Now, SF Weekly and others.

Politics

Watch: Senator’s Spot-On Impression Of Mitch McConnell Talking About Marijuana

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Senate Majority Leader Mitch McConnell (R-KY) was apparently taken aback when he heard that the red state of Utah is likely to legalize medical marijuana in November.

Sen. Cory Gardner (R-CO) said in an interview on Wednesday that the exchange took place during  Senate’s tax reform debate earlier this year, and he executed a pretty uncanny impression of McConnell in the retelling.

Asked by Capitol Hill newspaper Roll Call to share his favorite story about McConnell, Gardner said the two struck up a conversation on the Senate floor about marijuana and small business tax issues.

At the time, the Colorado senator was pushing an amendment to undo the provision in federal tax law known as 280E that prevents marijuana businesses from writing normal expenses off of their returns.

Gardner pressed McConnell on the issue, telling him that “47-plus states have legalized some form of marijuana, medical marijuana, CBD… Even Utah is most likely gonna legalize medical marijuana this year.”

“And McConnell looks at me and he goes, ‘Utah?’ And just this terrified look. Right as he says that, [Sen. Orrin Hatch (R-UT)] walks up, and Mitch looks at Orrin, and he says, ‘Orrin, is Utah really gonna legalize marijuana?'”

Then, looking at his feet, hands folded, the Mormon senator from Utah deadpanned: “First tea, then coffee, and now this.”

“It was just hysterical,” Gardner said.

You can watch the full Roll Call interview here.

Though McConnell isn’t quite the face of cannabis reform in Congress, he’s taken a leadership role in the fight to legalize industrial hemp—successfully securing a provision to accomplish just that in the Senate-passed version of the Farm Bill, which is now being reconciled with a proposal from the House that contains no hemp language.

Gardner, meanwhile, has embraced reforms sought by the legal cannabis industry in the years since Colorado became the first state to end marijuana prohibition in 2012.

Win Or Lose At The Polls, Medical Marijuana Is Coming To Utah Under New Deal

Photo courtesy of RollCall.

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Man Sends Marijuana Samples To Feds… To Make A Legal Point

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Mailing numerous cannabinoid samples to U.S. courts and the Department of Justice was a key part of one man’s convoluted lawsuit strategy against the federal government that relied on an obscure Confederate-era statute, court filings show.

Checkmate, feds.

Oh, right. This requires some explanation. So, it’s not entirely clear what the end-game in this case was meant to be, but the essential facts are as follows: a man named Jeffrey Nathan Schirripa filed suit in the U.S. Court of Federal Claims, alleging that the government failed to hold up its end of a contract that, in a roundabout way, he attempted to force upon it.

Schirripa first sent cannabinoid samples to the Justice Department and a U.S. district court in 2015 to lay the groundwork for a theoretical “contract” between himself and the government, according to the filings. But the court “dismissed the complaint for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted.”

Then, in an apparent effort to “prove the existence” of a contract, Schirripa attached unspecified parts of marijuana to 18 copies of a confidential petition for rehearing this year. Schirripa seemed to believe that he was creating “subject matter jurisdiction,” a necessary component of an implied unilateral contract that he said the government violated.

The court did not agree that unsolicited mailings of controlled substances constituted the relevant subject matter in an implied contract, though. On Monday, it filed this order:

“The Clerk of Court is directed to transmit these 18 documents to the U.S. Marshals Service for appropriate disposition or alternate action within the purview of the U.S. Department of Justice.”

The judges explained that the specific U.S. statute that Schirripa used as the basis of his subject matter claim was enacted in 1861, and it was exclusively designed to “weaken the Confederate States by authorizing the President to seize property aiding the Confederacy in its insurrection.” In other words, it didn’t apply here.

In his petition for rehearing, Schirripa included a flow chart visualizing of his intended logic.

It starts with the fact that he sent prototypes of “neuroprotecting antioxidants” to members of the U.S. Court of Appeals for the Federal Circuit. Schirripa admits that sending the “gifted” substances directly violated the Controlled Substances Act. So far, so good.

But from there, the petitioner seems to suggest that in both possible scenarios he presents—that the law can be enforced against him for mailing a controlled substance or that it can’t and so the cannabinoids are therefore “subject to prize/capture”—he’s proven to be an “interested party,” thereby validating his claim that the government breached an implied unilateral contract.

hilarious the hangover GIF

“I don’t fully understand the Schirripa’s flow chart, but it appears to be a boot-strap version a catch-22 for the court—the type of argument that you might figure out while high,” Dennis Crouch, a law professor at the University of Missouri School of Law, wrote in a blog post about the case.

The court seemed to agree. The statutes upon which Schirripa rested his contract theory “have no relation to any contract theory or any government bid or procurement practice,” the judges ruled in their denial of his rehearing. “The Court of Federal Claims thoroughly considered Mr. Schirripa’s arguments and theories, and fully explained their inapplicability.”

The appeals process might not have worked out, but it’s hard to imagine that Schirripa will be totally deterred. This marks his third appeal on “related actions” since 2014, court documents show. The legal logic of an implied unilateral contract didn’t hold up this time, but Schirripa—who has described himself as “the world’s most qualified expert in the realm of Cannabinoid Reform”—seems to be nothing if not tenacious.

Thousands Respond To FDA’s Marijuana Rescheduling Comment Request

Photo courtesy of Nicholas C. Morton.

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Marijuana And Other Drugs Should Be Legalized, Likely Next House Judiciary Chair Says

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A Democratic lawmaker who many political observers believe will likely be the next chairman of the powerful U.S. House Judiciary Committee implied in an interview on Wednesday that he supports legalizing other currently illicit drugs in addition to marijuana.

“From everything we have learned, people are going to do drugs. And certainly the softer drugs like marijuana, there’s no good reason at all that they cannot be legalized and regulated properly,” Rep. Jerrold Nadler (D-NY) said.

“The major effect of the war on drugs has been to fill our prisons with huge numbers of people to no great effect except to waste money and to ruin lives.”

In the comments, which Nadler made during an interview with WNYC’s Brian Lehrer Show, the congressman did not specify with substances he believes should be legalized, but his use of the pluralized phrase “softer drugs like marijuana” and the word “they” suggests his anti-prohibition views extend beyond just cannabis.

There is no precise definition of what constitutes a “soft drug” as compared to a “hard drug,” but some analysts categorize substances like LSD, psilocybin and MDMA in the former category in light of their lack of addictive potential.

Nadler is currently the top ranking Democrat on the Judiciary Committee, which has oversight of the Drug Enforcement Administration and other federal law enforcement agencies involved in drug enforcement and prosecution. If Democrats take control of the House in the midterm elections, as many poll watchers predict, he would likely ascend to the panel’s chairmanship and have the power to bring marijuana and other drug reform bills up for a vote.

Also in the radio interview, Nadler called the war on drugs an “abject failure” that is “not succeeding in reducing crime or doing anything else.”

“We ought to look at drugs as a public health issue.”

The comments came shortly after another key Democrat, Rep. Earl Blumenauer (D-OR), released an eight-page memo to fellow party members laying out a step-by-step strategy for how they can accomplish federal marijuana legalization in 2019 if they take control of one or both chambers of Congress. The plan includes a hearing on marijuana descheduling before the Judiciary Committee.

When it comes to marijuana, Nadler sees it as “far less damaging than nicotine to people’s health and we should probably regulate it similarly,” he said in the interview, adding that its current restrictive Schedule I status “doesn’t make any sense.”

Congressman Issues ‘Blueprint To Legalize Marijuana’ For Democratic House In 2019

Photo courtesy of David.

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