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Cass County Vanderbutts Trial

phaquetoo

By phaquetoo
in Legal Professionals

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HC Advanced Member

HC

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Tough Luck, for sure. Vanderbut didnt do us any good w/ NO other patients? 47 plants ? 17zs ? 17 bags OK. zs...? sad.gif

 

 

Those 17 oz's might just be history. They were black from mold over time. That means it wasn't dried yet and was not a "Dry usable product" He just finished up his harvest and had it bagged to fit a jar he had. It was to go in the freezer for later use.

 

He was way over but the law as written should have been done by the judge and no jury. He was a legal patient at the time of the raid. But they got a grow journal and it had dates from before the law took effect. Get rid of those journals folks.

 

But they convicted him from the past and not on the day of the raid.

 

I hope it all goes well in the appeal.

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Unequalibrium Newbie

Unequalibrium

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Those 17 oz's might just be history. They were black from mold over time. That means it wasn't dried yet and was not a "Dry usable product" He just finished up his harvest and had it bagged to fit a jar he had. It was to go in the freezer for later use.

 

He was way over but the law as written should have been done by the judge and no jury. He was a legal patient at the time of the raid. But they got a grow journal and it had dates from before the law took effect. Get rid of those journals folks.

 

But they convicted him from the past and not on the day of the raid.

 

I hope it all goes well in the appeal.

 

Cass County makes their own laws. I think the court system there should go under some kind of board review.

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Scottybud Advanced Member

+Scottybud

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i would love to go and support him on may 21 if any one wants to go PM me and i can help with gas

 

I plan on going too,leaving from battle creek...have extra seats in the van!

 

So if your from or close by an want to go,get in touch w me...

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JC MD Member

JC MD

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Plant Limit People There Is A Number In Place Also Nothing Outside Why Do We Keep Tring To Push This If We Dont Stop Pushing The Limits We May Just Lose The Rights We Have To Grow 12. Think About It. Just Stay Within The Law And If Its Gray Dont Do It. And Yes Cass Sux I Grew Up In That County.

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Captain Obvious Advanced Member

Captain Obvious

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Plant Limit People There Is A Number In Place Also Nothing Outside Why Do We Keep Tring To Push This If We Dont Stop Pushing The Limits We May Just Lose The Rights We Have To Grow 12. Think About It. Just Stay Within The Law And If Its Gray Dont Do It. And Yes Cass Sux I Grew Up In That County.

 

Obviously 12 is Not Enough for some People and That's WHY The Act is Written the way it is.

 

Read the Act a Few More Times and May you also see the Light.

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JC MD Member

JC MD

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And I am Sure 1 Person needs 48 plants plus garbage bags full look not knowing the full extent of exactly what the cops found and not being a jerk or trying to tinkle any one off i am just saying lets be smart about it i could see 24 but 48 that is a little much for 1 person all i am saying is you all think its horrablre to stay with in the law i hhave read it and i get it but why push the limits unless you want it to go back to we cant grow anything.

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Captain Obvious Advanced Member

Captain Obvious

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And I am Sure 1 Person needs 48 plants plus garbage bags full look not knowing the full extent of exactly what the cops found and not being a jerk or trying to tinkle any one off i am just saying lets be smart about it i could see 24 but 48 that is a little much for 1 person all i am saying is you all think its horrablre to stay with in the law i hhave read it and i get it but why push the limits unless you want it to go back to we cant grow anything.

 

 

Who are We to say what someone else needs, are you God ? You already bumped yourself upto 24 (LOL), why not 36, 48, 72 ...

 

The Genie is already out of the Bottle, whomever thinks they can stuff him/her back into the Bottle is Obviously Insaine.

 

The Gray Areas can only remain gray if we let them, and plant counts are not a Gray Area it's spelled right out in the Act.

 

Read the Act a few more times and don't take away from People what is not yours to take away.

 

 

 

 

 

 

 

 

 

 

 

 

 

Back to our regular program

 

http://www.wndu.com/hometop/headlines/94622534.htm

 

Posted: 7:04 PM May 21, 2010

Reporter: Mark Peterson

Email Address: mpeterson@wndu.com

 

 

Cass County medical marijuana case may be appealed

 

Niles man receives 18 months probation

 

While Vanderbutts was convicted of drug charges by a jury in Cass County and sentenced today to 18 months probation, he will likely appeal.

 

 

 

A Niles man may continue to put Michigan’s medical marijuana law to the test.

 

While 52-year-old Sylvester Vanderbutts was sentenced today in a Cass County courtroom to 18 months probation, including 90-days on an electronic tether, some feel his case will likely become a test case for the appeals courts.

 

When police raided Vanderbutt’s home last September, they found pot in Zip Loc bags; they found pot in garbage bags; they found pot under grow lights in the basement; and they found pot growing in the great outdoors.

 

“Clearly, Mr. Vanderbutts went far beyond what this law allows,” said Cass County Prosecutor Victor Fitz.

 

Fitz says police found between 46 and 48 plants on Vanderbutt’s premises.

 

While one part of Michigan’s medical marijuana law limits medical marijuana card holders to 12 plants and up to 2.5 ounces of loose pot, another part basically says you can have as much as you need.

 

“There's also language that a person is entitled to have an amount that is quote no more than reasonably necessary to ensure the uninterrupted availability of a supply,” said Defense Attorney Matthew Abel.

 

While Vanderbutts was convicted of drug charges by a jury in Cass County and sentenced today to 18 months probation, he will likely appeal.

 

“I’ve been a prosecutor for 27 years, it’s the worst piece of written legislation I’ve ever seen,” said Cass County Prosecutor Victor Fitz. “It would be ideal if the legislature would step in and refine it, if that doesn't happen, the court of appeals will clarify this law for us.”

 

Vanderbutts’ case at least has the potential to answer the question: How much medical marijuana is too much?

 

“Well, we’re in the last throes of the legalization of marijuana hopefully or the end of prohibition and it is an interesting time for me, but not for people that are caught up in the system,” said Matthew Abel.

 

The Detroit based defense attorney says he already has two other cases pending before the Michigan Court of Appeals.

 

Abel says that “It’s going to take years for this law to shake out,” and Prosecutor Fitz agrees: Again, the idea that the voters wanted which was to allow somebody who was severely ill or perhaps on their deathbed to have medical marijuana relief, was something that the voters were seeking, but the law they got was really a bait and switch, it really is a confusing befuddling law.”

 

Abel cited a couple of reasons why he believes the case is a prime candidate for the appeals court.

 

First, Abel says that two weeks before trial, the judge ruled that Vanderbutts could not use a medical marijuana defense.

 

“It wasn’t until after the jury was selected on the first day of trial, after we came back from lunch that the judge reconsidered his decision and then agreed to allow us to present a medical defense,” said Abel.

 

Abel feels the judge made the right call, “but he should have given us more time to prepare.”

 

Abel also took issue with the wording of the jury instructions

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phaquetoo Advanced Member

phaquetoo

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Obviously 12 is Not Enough for some People and That's WHY The Act is Written the way it is.

 

Read the Act a Few More Times and May you also see the Light.

 

 

wink.gif You the man.

Where ya been?

Peace!

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