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Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Monday, March 14, 2016

State Reps Introduce Bill 5445 to Eliminate Local Marijuana Ordinances

By Richard C. Clement
      Marijuana Policy Analyst



        Today State Rep. Leslie Love(D), Wendel Byrd(D), and Latanya Garrett(D) introduced House Bill #5445 changing the Michigan Medical Marijuana Law to prevent citizens in Cities and Townships from enacting referendums and petitions to modify local marijuana ordinances.  This bill was introduced to stop the referendum that was filed by the Citizens for Sensible Cannabis Reform to place the two Marijuana Ordinances on the August 2nd, 2016 ballot in the City of Detroit.

        This bill will be a prototype for every City and Township in the State of Michigan regardless of the feelings of the citizens. Raids like the ones in Gaylord MI and the seizing of medibles will become the normal course of business for every city and township in Michigan.

         Rep. Love is hoping to fast-track this legislation with the help of Republicans for a coveted signature from Governor Rick Snyder in 90 days.  If this is signed into law, then all Cities and Townships will have their ordinances null and voided. A citizens rights to address your government and get redress of your grievances will be eliminated.  If you have any comments on this bill please click on the names to let them know how you feel.


Office Address  S-689 House Office Building
Mailing Address
P.O. Box 30014  
Lansing, MI 48909-7514

Phone: (517) 373-0857   Toll-Free: (855) 568-3010


Wednesday, July 15, 2015

Civil Asset Forfeiture Revenue and Marijuana Legalization by the Detroit Police Department



By Richard C. Clement

    In light of the recent raids on Medical Marijuana facilities in the City of Detroit this week, we asked Detroit Police Chief James Craig how much money does the Department make from Asset Forfeiture.  The Chief responded with a chart that shows over a 3 year period, the Department made $7.3 million dollars from taking assets under the Civil Forfeiture programs. The breakdown is as follows:

Year
Federal
State
Local
Total
2012
 $   451,542.05
 $   7,394.00
$2,224,477.40
 $2,683,413.45
2013
 $   410,168.87
 $           -  
$1,938,511.05
 $2,348,679.92
2014
 $   348,461.79
 $ 36,254.07
$1,882,748.57
 $2,267,464.43
Totals
 $1,210,172.71
 $ 43,648.07
$6,045,737.02
 $7,299,557.80

The figure shows that there needs to be a redirection of assets so that Marijuana based businesses and, the policy on Civil Asset forfeiture needs some serious re-direction of funds toward expenses like retiree pensions and healthcare.  This is a large amount of money to make from taking someone’s money and property for Marijuana possession and, never charging the person for the crime in a court of law.

People on the receiving end of this lose everything seized to the agency who made the initial contact if; the person does not contest the seizure in 10 days. After 10 days, the money or asset(s) that was taken from a home or person during a police raid is kept by the arresting agency and sold for profit. The raid on the facility at Puritan and Hubbell on July 14th, 2015 is a prime example of this type of asset forfeiture abuse by law enforcement.  On Puritan there are 7 churches that are within 3000 feet of the school.  City wide, there are numerous hair shops and churches that are across the street from each other.

This un-even enforcement of the Marijuana Laws creates an incentive for police agencies to conduct raids as a profit center for the Department instead of the protection of the citizens.

The only way this will stop is if you show up to vote and elect people who want to make this type of change.   You can also direct change through a ballot initiative that will take 2000 signatures from registered voters in the City of Detroit.  Or you can force change by signing the legalization petition hosted by www.milegalize.com to fully decriminalize and stop the War on Weed.  The revenue from legal Marijuana sales will make more money than the Water and Sewage system maintained by the Great Lakes Water Authority.


We have more people in new jails with no pot holes in their walls and, at the same time we have horrible roads, declining education opportunities and, retirees that have dwindling pension benefits. Participation in the MI Legalize www.milegalize.com  effort will address these problems.  We are expecting much better out of our elected leadership because, the War on Weed in the City of Detroit and the State of Michigan is a complete failure and, a waste of law enforcement resources. 

Finally if the Detroit Branch and the Michigan State Conference of the NAACP can honor Kid Rock, then they are morally obligated to support decriminalization of Marijuana use because of the impact on the community especially citizens of color. 




Friday, June 27, 2014

Councilman Cushingberry Supports The Re-Development of the Old Michigan State Fairgrounds.

By Richard C. Clement


Conceptual Design from the Magic Plus Group
Councilman Cushingberry supports the efforts of Mr. Beatty, Mr. Ferguson and, Mr. Johnson to create jobs and revitalize Detroit through the development of the State Fair Property.  Community Input Regarding the State Fair Project by the Magic Plus Group was taken on June 26th, 2014 at the Northwest Activities Center.  Suggestions from the community were collected on cards for review by everyone involved to be incorporated into the final plan.  The Magic plus group has an Amtrak station in the plans that will be a vast improvement over the current AMTRAK station in Midtown Detroit. Currently, the AMTRAK station in Midtown has NO parking available and is a total embarrassment to the City of Detroit.


Preliminary Design Plan

The meeting gave everyone time to present their ideas, like preserving something that was the old State Fair like the Band Shell.  The meeting allowed the leadership to decide what type of housing will be placed there.  The City of Detroit has lots of land and empty homes right now that need to be redeveloped and rehabilitated.  The REDICO/Magic Plus Group is responsible for only 157 acres of the City.




There is no monetary commitment from Michigan Department of Transportation and, the Regional Transportation Authority to enhance the current Transportation situation. This attitude will change when the AMTRAK part of the property is re-designed. This will force the enhancement and upgrade of the current bus and rail situation at the Fairgrounds.

A monetary commitment from the US Department of Transportation will foster the development of a regional transportation hub.  A rail system similar to the City of Miami Florida would tie in Amtrak, DDOT, SMART,  M1, M2, M8, M102, M3, and M5 on a regional rail system funded with Transportation revenue from creating and growing alternative fuel energy.  Solar Panels, Wind Turbines and, growing fuel like Industrial Hemp and other plants will redefine the energy needs for a region and a nation. 


The Obama Administration has two years left to serve and can leave a lasting legacy at the old State Fair property with a construction project to assist in the re-development.  This is possible if the people vote at the ballot box to re-direct the leadership this August and November 2014 in Lansing, Wayne, Oakland, and Macomb Counties. The RTA is an organization with NO funding or public financial support.  The alternate proposal by the META Tech Expo Group is based on the area being bigger than the size of Downtown Royal Oak Michigan.  Detroit is much larger than Royal Oak and, the size issue is a totally insignificant fact. The need for regional rail is clearly demonstrated when you drive the Lodge Northbound at 5:30pm Monday through Friday.  This is an issue that has to be addressed at a State and Federal level.



The next meeting regarding the State Fair Project will be posted in the near future. 


Friday, March 7, 2014

Meet the NEW City of Detroit City Council in District #2 - March 18th, 2014


Where:
 Northwest Activities Center     
 18100 Meyers Rd # 1,
 Detroit, MI 48235
 (313) 578-7500
 Tuesday, March 18th, 2014 - @ 7pm EDT
www.nwac-detroit.org
 
 
 
Agenda:
 
6pm: Meet City Department Officials
 Detroit Water & Sewer, Police, Fire, et al..

7pm: Start of Official City Council Meeting.
  Hosted by Council President Brenda Jones
 
Review of City Business


 
Public Comment  (Limits of 3 minutes are strictly enforced by our fine Detroit Police Dept.)
 
Meeting Adjourned.

 
 
Issues:
City ordinances and Belle Isle as it relates to citizens?
After the Blight, then what happens?
After Orr hits the door in October, then what?
 
 
 

Wednesday, December 18, 2013

Reasons to Elect George Cushingberry Jr. as President of Detroit City Council on January 6th, 2015

By The Friends of George Cushingberry


    If George Cushingberry is fortunate enough to be elected as president of City Council by his peers, the following steps will be taken, upon agreement with fellow Council Members, Mayor Duggan and, the will of the people. 

1.     Will Create a Committee on Appropriations that will be responsible for accountability  and transparency of the City of Detroit Finances.
a.       Development of a real time display of the City’s balance sheet on the website.
b.      Garbage Truck Tracking(GPS) iPhone app for City Residents who stay at home and want to know if the truck has passed their home or not.

2.     Will look into alternative ways to finance the City’s debts using sound fiscal management theory and methods. Mr. Cushingberry was the Chairman for the State of Michigan appropriations committee in the House of Representatives 2008-2010.

3.     Taking the lead in reinvestment into the City and Regional infrastructure with the expansion of the People Mover System to the Tri-County Area.

4.     Blight Removal and land revitalization through the redevelopment of idle land into homes, allowing people to build bigger homes of selected tracts of land

5.      Reaching out to low to moderate income individuals to help correct their low to moderate income status. Education is essential in the areas of carpentry, electricians, electronics, truck driving and, auto repair will give our youth something to do and look up to for a future.

6.      Will propose that by 2016, all City of Detroit vehicles be required to run on fuel grown in Michigan albeit Industrial Hemp, Corn and, other organic plants.

7.      Will work with fellow councilmembers, Mayor Duggan and President Obama to re-invest into the revitalization of the Tuskegee Airmen/Coleman Young International Airport with commercial Air Service to Toronto Canada, Florida, New York, Cleveland,  Chicago and, any other City as needed.

8.     Before President Obama leaves office we will have a revitalized Amtrak system hub in Detroit so that people do not have to drive to Dearborn to catch a train because of the parking situation. The land formally known as the Michigan State Fairgrounds will undergo a magical transition and become a transportation hub for Intermodal Bus, Train and, People Mover traffic.
 

If you support this effort, Mr. Cushingberry is requesting that you contact your district council member and request that they vote in favor of George Cushingberry Jr., for the Presidency of the City Council, representing the great and talented people of the City of Detroit. The Election will be held on January 6th, 8am 2013 in the Chamber of City Hall.


Please plan on attending to help Push for Cush as President of City Council.

 

Sincerely,
The Friends of George Cushingberry Jr.   Councilman District #2

 

Saturday, May 8, 2010

House Committee preparing to take action on delays and snafus in the Michigan Medical Marijuana program by Embracing Technology.

The Friends of Cushingberry
May 8, 2010



Our friend George and the members of the House Intergovernmental and Investigations committee will be taking action between now and Thursday May 27, 2010, to address the complaints from participants in the program. The committee will take action by amending an existing supplemental appropriations bill for the program instead of adding another one. The amount to cover the additional expenses for the technology services will be added to this account for the Michigan Department of Community Health Medical Marijuana Program MDCH/MMP. This will cover the costs of the contract work for processing Medical Marijuana Applications. The two major complaints are the un-acceptable delay in processing the cards and the formation of the 15 member board to review petitions to place additional qualifying medical conditions on the current list. After listening to testimony from participants in the program, State officials, and outside experts in the field of Marijuana Information Systems, the committee will issue a directive to get the job done.


An opinion from the Attorney General Office regarding the legality to privatize the application process is currently under review. Patients are rightfully concerned regarding their privacy rights and the potential for abuse from law enforcement. However the argument cannot be supported because all private vendors to the State of Michigan must abide by confidentiality agreements or face fines, imprisonment, or both.

(Listen to State Employee Rose-Johnson King discussing data security in State of Michigan)

Companies like Unisys, IBM, Compuware, EDS, and the other myriad number of contractors working for the State are all under strict confidentiality laws. Unisys is a major contractor of hardware and support services to the State. The Department of Treasury has been a Unisys customer for years and they cannot and better not access confidential taxpayer information for their own use. Other departments like State Police and the Department of Transportation use contracted services from private agencies.



We expect the Attorney General to give the ok to allow the process to go out to bid. MDCH is currently not in compliance with the law and may be exposing the department to lawsuits and fines because of needless wrangling. The Attorney General has precedent setting contracts in place now with private contractors who do work for the Department of Technology Management and Budget (DTMB). Anything other than approval from the Attorney General would be a cause for the people to sue the Department into compliance with the law. After all if you are late on your income taxes, you pay a penalty and this is the same type of situation.


After the hearing on May 6, TFOC blogger Richard Clement had a brief interview with Melanie Brim of MDCH and representatives from the Department of State Police.


TFOC: What has the department done to relieve the backlog of applications?

Brim: We have added up to 5 additional full time employees to handle the backlog and added 2 new printers that can print a much larger volume of cards.


TFOC: Is there a solution using Information Technology?

Brim: Yes there is, I will be sending out notices from our office in 15 days stating that this is your temporary ID until you receive your permanent ID.


TFOC: What is the status of the 15 member board to review petitions for additional qualifying medical conditions?

Brim: I have no idea and that one can be answered by the Department Director. The Department Director and the Governor are responsible to appoint the members of that board. They are also responsible for calling meetings to review petitions for additional qualifying medical conditions. This is explicitly written in the law.


TFOC: On calling doctors back for every application what have you all decided to do to end this process?

Brim: I am desperately searching for answers to this entire bottleneck regarding applications. We already have the doctor’s information in our files already. We can send from pre-authorized terminals in remote locations.


TFOC: A patient calls me and asked me if the cards can be printed by the Secretary of State. Is this possible?

Brim: It may not be possible due to the workload at the Secretary of State.

TFOC: Thank you Melanie for your time.

Brim: Thank you Richard, have a good day.



After speaking with Ms. Brim, TFOC had a chance to speak with a Michigan State Trooper representative who was summoned to the meeting at the capitol.


TFOC: Why are law enforcement officials on the state and local level continuing to arrest legal Medical Marijuana patients?

MSP: Our officers have no way of validating a participant based on the paperwork provided by the Department of Community Health. Someone could have taken this paperwork and put it through a copy machine.


TFOC: According to the law, the paperwork is valid after 20 days. What can us as patients do to assist in the process?

MSP: The biggest problem that we have with this program is that we are not being provided a list from the Department of Community Health in a timely manner. There is also a clear lack of leadership in the Attorney General’s office regarding the issuance of a directive to State, County, and Local law enforcement officials on Medical Marijuana participants.



TFOC: Would someone running for Governor and Attorney General be able to fix this problem if they got elected?

MSP: I would hope so because the current situation needs massive improvement.


TFOC: Do you feel that privatizing the MDCH application process will solve the problem?

MSP: I am not going to get involved with that part of the process because it is not in my area. One thing is certain. We will not be calling Community Health on a Saturday or any day after 5:00pm because we know that one is there to answer the phone. This is an area that needs to be addressed immediately by the use of technology tools either by public or private interests. We want the law to work as much as you do because we are tired of prosecuting and arresting people with small quantities of Marijuana. We have bigger fish to fry such as child molesters, spousal abusers, murderers, and rapists.


TFOC: What is a small quantity to a Police Officer?

MSP: Anything under two ounces and if you have no prior felonies or warrants you will be free to go on your way. We are sincerely hoping that we can get information on people in a timely manner. We will be very happy about that.



TFOC: Police officers and firefighters are subjected to injuries and events that cause chronic pain. Being shot at, an injury from falling beams, climbing up roofs, and cinders from fires are events that increase the chances of getting chronic pain. I want to ask you, do you see the time coming when medical marijuana will be accepted as a legal treatment for these loyal public servants?

MSP: I don’t know and I cannot comment on that.


TFOC: Thank you for your time and cooperation.

MSP: Thank you Mr. Clement.



The committee will also issue a directive to take action to assemble the 15 member board that will review additional qualifying medical conditions. This has been overlooked in the process but not forgotten. MDCH Director Janet Olszewski and James McCurtis will be formally asked to select members to that board for the purpose of reviewing petitions to add qualifying conditions. Michigan citizens should not suffer from the poor prioritization of resources from the Director of MDCH and the Governor's office.


By embracing technology these problems would be eliminated and patient cards will be issued in compliance with the law. If you have any comments or questions, please use our blog so that we may review it for action later. Finally, we encourage everyone to contact their State Representative and State Senator in Lansing MI to support the efforts of our friend George and his colleagues to act on the wishes of the people.

Wednesday, April 14, 2010

How privatizing Michigan’s Medical Marijuana Program will benefit the Citizens of Michigan. Hearing in Lansing MI. April 15, 2010 @ 10AM

The Friends of Cushingberry
By Richard C. Clement
April 15, 2010

“A 420 Technology Slam in Lansing MI”


A slam is an event where people with similar traits go to ‘show their stuff’. For instance Poets have a poetry slam where a group of poets get together and let out their best verses to an audience. The Information technology profession has events like give camps and computer competitions.


The House of Representatives Intergovernmental and Oversight Committee will meet on April 15, 2010 @ 10AM at the State Capitol 3rd floor room 352, to settle a dispute between public and privatization. The hearing will be recorded by MGTV for the record if you happen to miss it. The State will be represented by David Neuman, legislative liaison for the Department of Information Technology. The challengers are two companies who have applications currently running in other states. At this hearing the defendants will state to the committee on having the best process to handle the deluge of applications coming into the program. The current process is unmanageable due to the increasing volume of applications and the tactical misuse of State Employees in a clerical function.


The Michigan Medical Marijuana program has been wildly successful for the State of Michigan in regards to public interest and participation. The sheer volume of applications received is a testament to the fact that the people of the state voted to allow the use of Marijuana as a medical solution instead of being a problem. There has been an explosion in the number of medical doctors who are writing recommendations for Medical Marijuana so much so that there is a 120 backlog of applications from the date of receipt by the Department of Community Health.

When an application is received, they are reviewed on the spot for completeness within the 15 day review period. Then they go to the backlog pile and wait to be processed. Processing includes calling the doctor who did the recommendation to verify the application. This is a problem for patients and law enforcement employees who have to make a snap decision on the street. Sometimes it is a poor and un-informed choice based on the documentation provided to the officer, prosecutors, and judges.

By privatizing the process the taxpayers will benefit because the software to do the job is already working in other Medical Marijuana states. Law enforcement agencies will have the information to make intelligent and sound decisions regarding Marijuana. Participants will be served faster and renewed much quicker if the system was privatized. State Government is going through too many layoffs, furloughs, payless paydays, and other cost cutting measures to implement a system of this magnitude. There is no need to re-invent the wheel and allowing State employees to use tax dollars to conduct study after study while they are behind is a waste of money and time.


The target time of April 20, 2010 @ 4:20AM has been changed to April 20, 2010 @ 4:20PM for a full presentation before a bi-partisan group of private citizens, technology experts, Senators and Representatives. The reason for the time change is to accommodate the non-technical employees and cooperation with computer geeks and nerds who do not have regular sleeping hours. Michigan’s new Medical Marijuana Law has already generated jobs and opportunities in dispensaries, agriculture, and the computer field. The addition of 5 staffers by the Medical Marijuana program is a band-aid and is not a permanent solution. Given the rate of applications coming in at 80 per day, it will take another 2-6 months to address the backlog if ever.


We believe that the solution to the backlog is in the tactical use of technology. The Department of Community Health MMJ program does not have resources to maintain and implement the program in a cost effective manner. The popularity of the program and the increased volume of applications will overwhelm the current staff at the current pace. Placing the process out for public bid will bring in the best and brightest minds from the private sector to vastly improve the management of information and will bring the Department of Community health into compliance with the law as voted on by the voters.


If you favor privatizing the processing of applications for the Medical Marijuana program please let your comments be known by entering it on our blog for public review and, e-mailing your personal State Representative in Lansing MI.

Tuesday, March 30, 2010

State officials to re-appear before House Oversight Committee to answer questions regarding the Medical Marijuana Program on 4/15/2010

The Friends of Cushingberry
March 30, 2010



On April 15, 2010, administrators from the Departments of State Police, Information Technology, and Community Health will be testifying before an Intergovernmental and Oversight committee of the House of Representatives at the State Capitol in Lansing MI. They will be compelled to answer questions, complaints, and concerns regarding participation in the Michigan Medical Marijuana Program. One of the major issues is that patients are being arrested by City, County, and State police officers and their medicine confiscated. Law enforcement officials are confused on the issue of a person’s status in the program based on a Xerox copy of an application. This document can be easily forged and is very impractical because of its size.


What happens next is beyond belief and an embarrassment to the citizens of the State. When a person is arrested, the arresting agency has to call between the hours of 8am to 5pm Monday through Friday. A good example of this is if you arrested at 5:01PM on a Friday, you have to wait until Monday morning until you are “verified” with a phone call as a valid participant in the program. Your weekend is all screwed up and any plans that you had that week are forever changed.


The law specifically states that after 20 days a person’s application is deemed valid if there are no anomalies and paperwork is properly filed. The wait up to 120 days for a card is basically un-acceptable and must be dealt with immediately. Currently some local law enforcement agencies have the ability retrieve information in their squad cars about the driver such as: warrants, status in the 7411 diversion program, and the lien holder of the car.


David Newman legislative liaison of the Department of Information Technology will answer to the committee regarding improving this current debacle in the bureaucracy. According to Mr. Newman no request for help was ever received from the Department of Community Health. He also admitted that the Department of Community Health has only one printer for the cards. When he was asked why is that printer not running 24/7 there was no answer.


The issue of privatization of the process will be addressed at this hearing. The State of Michigan’s Information Technology Department is a hodge-podge collection of contractors and consultants that the taxpayers support. These contracts are necessary because the agency’s employees do not have the time, money or ability to do the job.

Scofes Consulting Inc. has a program that can be quickly implemented to relieve the backlog in processing. The owner Stephen G. Scofes has stated that this program is already being used in California and, can be implemented in Michigan. The ultimate goal is to process the cards as fast as or faster than the Secretary of State, the gold standard in information processing for a government agency. Given the urgency of the situation it appears that Scofes has the answer to the problem. His company may qualify for a no-bid contract if they can perform the following tasks in a timely manner.


The bid will be based on the following parameters:
1. Registration of patients and caregivers via a secure web page to MDCH.
2. The processing of cards within the 20 day period including renewals.


The Department of Information Technology and Scofes will be asked to demonstrate how this proposed system will be implemented and maintained. If Mr. Scofes can demonstrate that his company can implement the system by April 20, 2010 @ 4:20AM, he will have earned the honor of being awarded a contract to perform that service for 2 years from the date of acceptance. If the demonstration shows that these participants can’t do the job, the process will be put out to a bid for the general public. When this bid is let out, there will be a required demonstration before a panel of committee members, department officials, and private citizens who have a vested interest in the process.


MDCH officials will answer to the committee regarding the status of the review board(PA 368 of the Public Health Code of 1978). According to the law there is a requirement for a 15 member board to review requests for additional qualifying conditions. As of March 30, 2010 there have been NO members selected and NO meetings scheduled.




Some of the questions the committee will ask are:
1.What is the delay in appointing this board(SOAHR Adm Rule 333.131)
2.What is the department doing to address the appointment of members to this board?
3.The benefit of allowing a private company to manage the Medical Marijuana Information System?
4.How can the MMJ program assist in sharing information with local law enforcement regarding a patient’s status in the program?
5.What is the cost savings to the taxpayers by storing additional information on the microchip of the enhanced driver’s license from the Secretary of State? Printing ONE card instead of two.


These questions and others from the committee and the public will be asked to these agencies. If you have additional questions that you want asked by the committee please leave it as a comment to this article. These questions will be compiled by Rep. Cushingberrys staff for review by the committee. If there are duplicate questions, they will be combined to address the main idea being expressed by the commenter.


Rep. Cushingberry appreciates the input from the following organizations: Americans for Safe Access(ASA), Michigan Medical Marijuana Educational and Defense Organization(3MED), Michigan Medical Marijuana Association(3MA), Michigan Chapter of the National Association for the Reform of Marijuana Laws (MI-NORML). Also appreciated is the Michigan Departments of Community Health, and Information Technology to improve the system for Michigan citizens. The ending result will be a system that will address the needs and wants of its customers. Government can work for the benefit of the people when the citizens provide positive and rational input to be reviewed, analyze, and implemented to the satisfaction of all sides of the issue.