The Government of the State of Michigan: Reverse the Supreme Court Decision on Medical Marijuana
In 2008 The People enacted Prop I and declared that the sick should not be arrested(1). Without reading the actual text of the law it is obvious that the people did not intend for the sick and their caregivers to be arrested.
Yet an activist judiciary has rendered the Act nugatory. All of its participants have been placed at risk. This was not an arbitrary act of injustice. It was contrived by the Attorney General of the State of Michigan. His participation on behalf of the People in any matter concerning medical marijuana is repugnant. The AG failed to disclose to the court that he had a conflict of interest. He in fact funded and received funds in his chairmanship of the opposition to the Act in 2008. The name of this organization was Citizens Protecting Michigan Kids. It is a requirement of Michigan law that the Attorney General disclose such conflicts.(2) Let me be clear AG Schuette has violated every article concerning the Code of Professional Conduct. He has corrupted the judicial process. The legislature should immediately pass a Bill instructing employees of the State of Michigan and all subordinate jurisdictions to not follow or implement any segment of this decision.. The human tragedy from your failure to act will cause immeasurable damage to the to the people of the State of Michigan. We further demand that no changes be made to the Act.
(1). Sec. 2. The people of the State of Michigan find and declare that:
(b) Data from the Federal Bureau of Investigation Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marihuana.
(c) Although federal law currently prohibits any use of marihuana except under very limited circumstances, states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marihuana. Michigan joins in this effort for the health and welfare of its citizens.
(2). (c) Except as law may otherwise expressly permit, a lawyer serving as a public officer or employee shall not:
(1) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless under applicable law no one is, or by lawful delegation may be, authorized to act in the lawyer's stead in the matter; or
(2) negotiate for private employment with any person who is involved as a party or as an attorney for a party in a matter in which the lawyer is participating personally and substantially, except that a lawyer serving as a law clerk to a judge, other adjudicative officer, or arbitrator may negotiate for private employment in accordance with Rule 1.12(b).
(d) As used in this rule, the term "matter" includes:
(1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties; and
(2) any other matter covered by the conflict of interest rules of the appropriate government agency.