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Gone to Pot

In Law we have what are called “legal fictions.” That’s a difficult concept to define. It refers to something that we presume to be true, even though it isn’t, because it’s necessary to apply other law to a situation. For example you either have or don’t have parents. And you can only have one set.  If an adoption takes place the biological parents cease to have any legal relationship to a child and the adoptive parents are completely, 100%, the Childs parents. We need that in order to deal with all of the parent-child laws and relationships that follow. That substitution by act of law, not biology, is a legal fiction in use. I’ve always thought of legal fictions as “useful lies” that we’ve decided to adopt.

Which brings us to medical marijuana. That subject seems to wind up on the front page of small town newspapers on a regular basis. It’s there because of a legal fiction. The people of Michigan through the electoral process decided to declare Marijuana a medicine and its use as medical treatment. We’ve all heard the sanctimonious bleating about compassion and the wonderful therapeutic effects of pot. Anyone smart enough to be reading this article knows that it’s utter BS. Sure, sick people that are stoned feel better than if they weren’t stoned. But the  pharmaceutical world is full of drugs that will do the same thing as THC. Delivering it through a cigarette is the worst possible way to give someone a drug. But so what? The referendum that created this nightmarish legal swamp of marijuana laws with its “caregivers” and phony prescriptions passed. The useful lie is now the law. The dopers are now all trying to raise the money to get a prescription for their “chronic pain” so they can smoke dope without getting arrested. You’d be hard pressed to find a more cynical or obvious misuse of the law than medical marijuana.

The problems that are arising were foreseeable. We have a legal fiction that the intelligent people in this state know is a lie. We know that the referendum was a thinly disguised effort to legalize pot smoking under the guise of medicine. Only the dimmest bulbs reading the advertisements for traveling doctors and the “cannabis crew” could think otherwise. Those people, some of whom fell for the “compassion” hype, now see just what they’ve done and they’re letting their Representatives and Prosecutors know that they feel duped and stupid. Now that the horse is out of the barn they want it put back in.

Prosecutors, the Attorney General, and to a lesser extent the Courts and State Legislature hear what these voters are saying. The result is that a law so complex and riddled with arcane provisions that it can hardly be understood by lawyers and judges is being violated constantly. Cannabis “clinics” are being opened and closed as their operators get arrested and Cities try to zone them out of existence. Meanwhile the stoners go on getting arrested for possession of marijuana just when they thought they could finally toke their lives away in peace. When you add in the Federal laws that apply to possession and delivery of marijuana a bad situation is going from bad to worse. Hard to believe that about government, huh?

It’s time for Michigan and for that matter, the Federal government to put together what are called Uniform Laws. These are laws that all the states pass that make for uniform and consistent control of marijuana. Obviously there are enough stoners out there that want to smoke dope and enough people that want to supply it to them that it isn’t going away. We should either legalize the stuff or come up with some simple and understandable rules regulating the growing, delivery and consumption of marijuana that we can enforce. It’s just another flush into the septic system we call Modern American Culture.

24 Responses to Gone to Pot

  1. dr.stankrnstien

    September 24, 2011 at 10:35 am

    No author? Is this the editor and chief’s opinion? Wow! US patent #6630507 granted to the federal government says cannabinoids have medical benefits. It seems the author realizes that this whole situation is the result of the federal government mishandling cannabis control for the past 40 years.
    Let me ask you this. If we continue our 40 year, multi-trillion dollar war on our own citizens, how do we win? It’s time for a different strategy.
    The definition of stupidity is to keep doing the same thing over and over again, expecting different results. Our leaders are stuck on stupid.

    .

  2. Richard Steeb

    September 24, 2011 at 2:30 pm

    The “legal fiction” here is that Cannabis was ever legitimately prohibited. The nightmarish legal swamp is full of tyranny and coercion thanks to self-important “authorities” proclaiming the kind herb to be a pariah.

    Allow me to boil it down for you: To keep Cannabis illegal while tobacco and alcohol are dispensed freely would be *MURDEROUSLY STUPID*.

    Flush Cannabis prohibition into history’s septic tank where it belongs, along with slavery and misegenation laws. We who enjoy the herb aren’t going anywhere. You can take that to the BANK.

    -Richard Paul Steeb, San Jose California

  3. MCT

    September 24, 2011 at 8:20 pm

    Not surprising that someone without any medical credentials is incapable of providing citations supporting his point when it flies in the face of research done by the WHO, AMA, ANA, MAYO clinic, and others.
    Next time, learn what you’re talking about before you open your mouth. You’ll feel a lot less stupid.

  4. free radical

    September 25, 2011 at 8:15 am

    The author, Richard S Alen, claims to be an attorney, yet can’t see the obvious fact that cannabis prohibition is itself a legal fiction, in that it has never served any public good whatsoever, was never supported by the people, and causes untold societal harms. It is complete fiction that the government has the right to regulate the personal private behavior of its citizens. As an American citizen, (not to mention a human being,) I claim sovereignty over my own body.

    On a side note, cannabis has been medicine for no less than 5000 years and will continue to be. Dick’s misinformed opinion changes nothing.

  5. doc

    September 25, 2011 at 2:34 pm

    mr allen is not a doctor, and i wonder about his law skills as well,for his failure to do any research on the subject.Cannibis has been used for thousands of years and will be used for thousands more,it has proven medical benefits. Some people will always be lost in the reefer madness era,i have to believe some of these people still believe that the world is flat. Hey dick do you know what kind of paper the constitution is written one?

  6. trugreenmich

    September 26, 2011 at 2:55 am

    And I will raise up for them a plant of renown, and they shall be no more consumed with hunger in the land, neither bear the shame of the heathen any more. — Ezekiel 34:29 “The Lord said unto me, ‘I will take my rest and I will consider in my dwelling place like a clear heat upon herbs.’ ” — Isaiah 18:4-5
    “Lord, when did we see thee sick or in prison and came unto thee?” And the King will answer and say unto them, “Verily I say unto you, inasmuch as ye have done it unto one of the least of these my brethern, ye have done it unto me.” — Matthew 25:39-40Cannabis was used 12 ways: clothing, paper, cord, sails, fishnet, oil, sealant, incense, food, and in ceremony, relaxation and medicine. For so the Lord said unto me, “I will take my rest and I will consider in my dwelling place like a clear heat upon herbs. For afore harvest, when the bud is perfect and the sour grape is ripening in the flower, he shall cut off the sprigs with pruning hooks and take away and cut down the branches.” (Isaiah 18:4-5)Hemp today has thousands of uses. Modern technology has devised many new uses for the hemp plant&emdash;like biomass energy, building materials, fuel, plastic and so on. Hemp is ecological and its seed is among the best food crops on Earth. Selected varieties produce flowers that provide an herbal relaxant and a spiritual tool. Its herb is used globally as medicineHe said not to criticize other people for their habits. “Not that which goeth into the mouth defileth a man; that which cometh out of the mouth defileth a man.” (Mat. 15:11) The apostle Paul wrote, I know, and am persuaded by the Lord Jesus, that there is nothing unclean of itself: but to him that esteemeth anything to be unclean, to him it is unclean. … For the kingdom of God is not meat and drink; but righteousness, and peace, and joy in the Holy Ghost. (Paul: Romans 14:14,17)
    thats rom the bibles point of view now for mine i am completely offended ho dare you speak like that. if im correct proball work for the governmentor the rx companies. mow y in the world would i want to take something that kills my insides like heres an example take this for headaces but remember u can die have heart attack rob kill rape to get that next pharmacutical high get sour stomachs strung out rob people go to jail. yes i am a medical marijuana patient caregiver as well me personally and my wife and even my kids would agree using edical marijuana s way btter than ne sythetic medication found or created in any lab. ith medical marijuana i no exatly what is being grown what exactly in it how its being made. its made from the ground just like corn potatotes veggies. but since you are so closed minded and ignorant and under a brainwashed stigmatisim why dont you go and preach that to all the drunk drivers. now tel me if you cant die from maarijuana but can from tylenol or water i will stick to my LEGAL PRESCRIPTION. I AM SO ANGRY THAT YOU ARE SO DUMB. YOU ARE SPOUTING OFF AT THE MOUTH LIKE YOU HAVE DIARREHA AND YOU CANT STOP IF YOU HAVE ANY QUESTIONS YOU ARE MORE THATN WELCOME TO RESPOND TO MY COMMENT ON MY FACEBOOK PAGE IF YOU WANT. JAKOBTREEHOUSE I HAE TO GO BUT YOU SHOULD REALLY CHECK YOUR FACTS ALSO IN CASE YOU DID NOT KNOW GEORGE WASHINGTON AND THOMAS JEFFERSON GREW MARIJUANA IN THE WHITE HOUSE GARDEN. PEACE AND LOVE ALL MY FELLOW PATIENTS AND CAREGIVERS REMEMBER ITS PEOPLE LIKE THIS THAT ARE UNDERCOVR SMOKERS AND HATERS PEACE TRUGREEMICH PS ALSO ITS U DOPERS ASYOU CALL IT THAT CLEARED THE COLORADO STATE DEFFICIET IN ONE YEAR AND NOT TO MENTION ALL THEM TAX REVENUE THAT MICHIGAN HAS ALREADY GOT FROM PATIENTS AND CAREGIVERS HAVE PROVIDED TO PTHERS ASWELL HEY CLARE COMPASSION CLUB HELPING HAND COMPASSION CLUB KEEP UP ALL THE HARD WORK I APPRECIATE ALL THE HELP THAT YOU HAVE GAVE TO ME ANDF MY FAMILY AND WE WILL ONE DAY BE TRUELY HEARD LETS KEEP GON THEYRE GETTING CARED PEACE ANDLOVE TO ALL MEDICATED MICHIGANANDERS

  7. Barry

    September 26, 2011 at 3:04 am

    Wow “Nancy” it really pissed you off that the majority of the people that voted, wanted Medical Marijuana to be legal here. Going against your personal bias that says if “I don’t like it nobody should have it”. last time I checked this was still a democratic society that if it gets voted it in its now the law, until its repealed or voted out next time.

  8. mayorherb

    September 26, 2011 at 4:37 am

    I can not believe this paper allowed such nonsense to even be published..I am appauled it was even allowed.. I have sent SEVERAL REQUEST to this paper asking that put a note n the paper on our Clare County Compassion Club..And with NO success..Wow is all i can say..Does Mr.Allen realize he just caled 63% stupid? let me find it.. :The problems that are arising were foreseeable. We have a legal fiction that the intelligent people in this state know is a lie:. …:: Only the dimmest bulbs reading the advertisements for traveling doctors and the “cannabis crew” could think otherwise::: So NOW WE are DIMMEST BULBS>>CAUSE we choose not to take pills..WHO is PAYING YOU HERE MR> ALLEN? Alcohol companies? Pill companies? ::Prosecutors, the Attorney General, and to a lesser extent the Courts and State Legislature hear what these voters are saying.::Yes we did here there vote, 63%..sorry you dont like it..BUT IT IS THE LAW>>Last i knew you are not a Dr. Nor are you a FED. employ..so there for you may NOT ENFORCE FED LASS>>

  9. mayorherb

    September 26, 2011 at 4:38 am

    Laws..

  10. mayorherb

    September 26, 2011 at 4:39 am

    I hope all these 63% stupid people remember this when they need a Attorney..

  11. frommichigan

    September 26, 2011 at 6:26 am

    After reading the second paragraph it made me want to puke!
    Which brings us to medical marijuana. That subject seems to wind up on the front page of small town newspapers on a regular basis. It’s there because of a legal fiction. The people of Michigan through the electoral process decided to declare Marijuana a medicine and its use as medical treatment. We’ve all heard the sanctimonious bleating about compassion and the wonderful therapeutic effects of pot. Anyone smart enough to be reading this article knows that it’s utter BS. Sure, sick people that are stoned feel better than if they weren’t stoned. But the pharmaceutical world is full of drugs that will do the same thing as THC. Delivering it through a cigarette is the worst possible way to give someone a drug. But so what? The referendum that created this nightmarish legal swamp of marijuana laws with its “caregivers” and phony prescriptions passed. The useful lie is now the law. The dopers are now all trying to raise the money to get a prescription for their “chronic pain” so they can smoke dope without getting arrested. You’d be hard pressed to find a more cynical or obvious misuse of the law than medical marijuana.
    I can’t believe this was even allowed to be published! Has Mr. Allen ever had “chronic pain” been on “pills” as they say “unless you have walked in someones shoes you have no idea” Here is a prime example! Also I’m smart enough to read this article and I don’t feel it’s “BS” How can anyone make such accuations and not know the facts! Sure there are “stoners” etc. out there and regardless of legal or not they would and will still get their “pot” There are other ways beside smoking to use medical marijuana.Ask someone that has been on “pills” for a long period of time just how good they work! I’m wondering why the ones that are on medical marijuana are being labeled as “dopers” I have to agree with Mayorherb saying “I hope all these 63% stupid people remember this when they need a “Attorney” Very well said MCT. I hope that “Mr. Allen” reads all this feedback!

  12. mayorherb

    September 26, 2011 at 2:59 pm

    here is a link to the rules/laws of MMMA..Mr.Alen, with all your free time not representing any one..read this.. http://www.legislature.mi.gov/(S(veq2yqbqodf5b4nphsjyszqe))/mileg.aspx?page=GetObject&objectname=mcl-Initiated-Law-1-of-2008

  13. mtony8861

    September 26, 2011 at 3:00 pm

    Let me tell you about your so called pharmaceutical drugs. I have been on several very very strong pharmaceutical drugs for the past 5 years and all they did for me is almost destroy my marriage, and they didn’t take care of my pain like medical marijuana has.
    Since I have been a medical marijuana patient, I have had little to no pain what so ever.

    Moreover, the nice thing about mmj is it is an all-natural herb. It is not manmade like your pharmaceutical pain meds, which kill more people each year than any other controlled substance.
    I don’t use medical marijuana for the fun of it; I use it to help me get through the day.

    My marriage is back on track and I can remember what I have done from day to day. When I was taking Methadone, I was a complete zombie and for that whole year, I can’t remember anything at all.

    Let me ask you this if you had the pain I do and several other people do. Would you take pills from the doctor that will destroy your life or do you go to an all-natural herb like medical marijuana? I know what 63% of Michigan would do.
    Mr. Allen please read and think about what we are saying.

  14. mayorherb

    September 26, 2011 at 3:04 pm

    http://www.legislature.mi.gov/(S(veq2yqbqodf5b4nphsjyszqe))/mileg.aspx?page=getObject&objectName=mcl-333-26424 MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
    Initiated Law 1 of 2008

    333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty. We all ready have rules and Regulations MR>ALLEN>>>READ>>

  15. mayorherb

    September 26, 2011 at 3:55 pm

    One thing i for got to add..The man who owns this News paper, also owns a bar..My guess is that medical Cannabis is Hurting his bussiness..Most who start on Medical Cannabis..Normally stop drinking with in a cpl few months..MAybe thats why they wouldnt allow us to put our Clare County Compassion Club n this paper..

  16. mayorherb

    September 26, 2011 at 3:57 pm

    Another thing..Every one says these Dispenses are Causing CRIME>>

  17. mayorherb

    September 26, 2011 at 3:58 pm

    Prove it..Here is a article that shows it is not true..Crime went BACK UP after closing.. http://mobile.mlive.com/advbaycity/pm_106579/contentdetail.htm?contentguid=S8vTHMQE

  18. Dr. Bob

    September 26, 2011 at 5:44 pm

    Well well well. I wonder how much of this is the result of me cancelling my ads after this same author published story about a minority physician at the local hospital being a cannibal? I am sure this story, like that one, is meant as a joke, but again, it is in very bad taste.

    Mr. Allen, you clearly have not studied this issue, have no clue as to who uses medical marijuana or why, and seem to have an overwhelming fear of that which you do not understand. Since you seem to like to use your position to take uninformed positions that affect sick people, perhaps a better venue for you would be political office. I would suggest you run for Oakland Co. Prosecutor. You will fit right in.

    Dr. Bob Townsend

  19. Dr. Bob

    September 26, 2011 at 5:52 pm

    And by the way, it is ‘Certification Crew’, not ‘Cannabis Crew’. If you are going to insult a local Clare business, at least get the name of the business right. You dolt…

    Dr. Bob

  20. Dr. Bob

    September 26, 2011 at 10:32 pm

    One last comment. The spin on this column is that it is ‘tongue in cheek’ and ends on a positive note because it calls for regulation or legalization. I do not agree. The constant reference to medical marijuana a ‘dope’ is prejudicial. Patients are not ‘dope heads’ or ‘stoners’, they are sick people that deserve a little respect. They got NONE in this ‘editorial’.

    You are an embarrassment Mr. Allen, show a little caring for your fellow man.

    Dr. Bob

  21. EdwardGlen

    September 26, 2011 at 10:40 pm

    This guy owns a bar, and bars and alcohol are culpable for thousands of deaths related to drunk driving.

    No one has ever died from cannabis use!

    Annual Causes of Death in the United States
    http://drugwarfacts.org/cms/?q=node/30

    “8. At present it is estimated that marijuana’s LD-50 is around 1:20,000 or 1:40,000. In layman terms this means that in order to induce death a marijuana smoker would have to consume 20,000 to 40,000 times as much marijuana as is contained in one marijuana cigarette.

    In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died in 2006 in alcohol-related collisions
    http://en.wikipedia.org/wiki/Drunk_driving_in_the_United_States

    Treatment of PTSDwith cannabis
    http://www.nature.com/npp/journal/vaop/ncurrent/abs/npp2011204a.html

    Treatment of Crohn’s disease with cannabis
    http://www.ncbi.nlm.nih.gov/pubmed/21910367

    More Evidence Suggests Marijuana Helpful in Cancer Treatment
    http://blog.mpp.org/research/more-evidence-suggests-marijuana-helpful-in-cancer-treatment/03242011/

    Medical Cannabis is here to stay in Michigan, but I would like to see bars close, you people are killing the innocent.

  22. frommichigan

    September 27, 2011 at 12:16 am

    I like mtony8861 was in the same situation until Medical Marijuana became a law. I like mtony8861 use mmj only as a med. not because I want to get “high” I also want to comment on Dr. Bob’s comment: Your exactly correct in saying that Mr. Allen is prejudicial. I think Mr. Allen should applogize in this paper for refering to use patients as “stoners” and “dopers” I hope there never comes a day when you need meds. like some patients that need to use mmj! One last thing Mr. Allen, You are the most disrespectful attorney I know. You also are an “EMBARRASSMENT” Thanks Dr. Bob for changing my life for the better!

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  24. LeightonGJr

    October 4, 2011 at 3:52 am

    I implore this newspaper to next time think twice before giving a provincial rube like this space in your publication to air such ill-informed and dangerously unsophisticated opinions.

    Mr Allen’s contempt for people who use cannibis (medicinal or otherwise) is evident as he refers to them as “dopers” and “stoners.” The vast majority of marijauna-users that I know use it three to four times a month in the privacy of their own homes in the absence of children. Mr Allen’s claim that the pharmaceutical companies have products that supplant the benefits of cannibis is absurd. Ask anyone who has suffered cancer treatments for any length of time. By the way, many of these patients consume cannibis in the form of THC-enriched cookies, cakes and tea as they are too ill to inhale smoke. My sister, who’s currently fighting leukemia, swears the benefits of cannibis cannot be mimicked. Before her diagnosis she’d never even seen marijuana.

    I was once a Memphis police officer. Prior to that I worked as an investigator for a local lawfirm. Believe me when I tell you that most of us in the law enforcement community think that marijuana prohibition is a waste of public resources and an obscene invasion of our civil liberties.