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Court Tomorrow Farmington


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That is just absurd!

 

I wish him luck

 

Please keep us posted, I wish I could be there on his side but I will be in a meeting at 730 am

I have the alarm set for 5:30am (on wife's side of the room so she has to wake up and turn it off/get up/etc...LOL)

 

We are planning on being there.

 

This could affect all of us who have a card and drive a car. It shouldn't. But, it sounds as though he has a good attorney and after reading the brief filed on his behalf one would think that the judge should dismiss all charges AND expunge everything on his record relating to this situation.

 

Good night,

 

Mizerman

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I will say a prayer for him, Im too far away and spending everything extra on lites, 2 x4's insulation, plumbing, fans,etc etc!

If i still lived in macomb county i would be there, to far from tawas city, iosco county! I hope all who can go in support make it there today!

Peace Bro and thanx for the post! please keep us that cant go updated!

Jim

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he got 93 days i will post more when i get homesad.gif

 

 

anxiously waiting. and i'm sorry to be a pain in your butt, but i am not familiar with the case at all.... could ya' give the main points real quick??

 

thanks, and kudos to you for showing your support like that!!

 

seriously.... major kudos to you.

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well as you know am not much om posting here but here gos i was they and their were others to about 25 people may be 20 it was a probation violation wear he was going to lose he drivers LC: it was about the judge saying that he could not drive for 6 months but when we got their things seam to change and @ first the judge says i don't want to hear any thing about MMJ your here for the violation lets talk about that first anyway

 

so then the judge says this is taking to long and gave us all a break then we went back after about 20 Min's and the judge says you did not go to your drug tests he said i did not have the money for that and the judge says how do i no what kind of drugs you are using if you don't even show up to take the test( he had missed them 3 times) i just did not see how this got that far out of control 3 time and he did not even call or show up now don't get me wrong i think he should of told he story him self here way be for this and we could of helped him some how aim sure

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hello i got this last night @ the CC meeting

 

 

1. Defendant ERIC EDWARD WILAMOWSKI pled guilty to Possession of Drug Paraphernalia on January 15, 2010.

2. Defendant was also sentenced for said charge on January 15, 2010.

3. At that time, Defendant was approved by the Michigan Department of Community Health as a member of the Michigan Medical Marihuana Registry.

4. Defendant uses marihuana for the following conditions: Hepatitis C; Cachexia (or Wasting Syndrome; Severe Nausea), a very debilitating disease, relieved most effectively and with the least side effects, only by marihuana.

5. As part of his guilty plea and immediate sentencing it was agreed by the City Attorney, Defense Counsel, and the Judge that the Defendant would be able, during his probationary term of six months, to continue to use his medicinal marihuana, to wit:

THE COURT: …. Conditions of the probation will be as follows, first of all, that defendant participate in outpatient substance abuse treatment and follow through with any aftercare that’s recommended. I will order that you use or possess no illegal drugs (e.g. heroin), no alcohol and you will be subject to random testing. If you have medication that you are prescribed you need to provide proof of any medications and/or your medical condition to the probation department. (Attached January 15, 2010 Transcript pgs 8 (bottom) – 9 (top)).

It was assumed, given his patient status, that the court was referring to heroin or the like when it ordered that: “…I will order that you use or possess no illegal drugs (e.g. heroin)…” Id.

6. On March 29, 2010, Defendant’s probation officer petitioned the Court as follows: “Defendant is a current medical marijuana program card holder; therefore, the defendant’s driving privileges shall be suspended until he provides proof to the court that he has forfeited his medical marijuana privileges.”

7. The Order granting the March 29th petition, above, was signed on the same date, March 29, 2010, as Defendant did not receive notice or an opportunity to respond, thus rendering the Defendant’s due process rights denied.

8. Defendant contends that this amendment violates his rights under the Michigan Medical Marihuana Act for several reasons.

9. The amendment, as worded, states that Defendant has “medical marijuana privileges”; in fact, under the Act, the Defendant has the right to use marihuana to treat and alleviate the pain, nausea, and other symptoms associated with his debilitating medical conditions. MCL 333.26424 and MCL 333.26428.

10. Further, Defendant “shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege.” MCL 333.26424.

11. The petition amending Defendant’s probation clearly denies him of both his privilege to drive AND his right to use marihuana medicinally.

12. Furthermore, the statute takes into account the concern regarding driving and using marihuana: “The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act. (B) This act shall not permit any person to do any of the following:…(4) Operate, navigate, or be in actual physical control of any motor vehicle…while under the influence of marihuana.”

13. Adding this amendment is nothing but a set-up for failure for the Defendant, as without driving privileges, he will not be able to complete most, if any, of the terms and conditions of his probation.

14. Without the use of medicinal marihuana, the Defendant will also fail probation, as he will become too ill to complete ANY of the terms and conditions of his probation, as before he began using marihuana, he was medically eighty pounds underweight, could not eat or drink anything, and was hospitalized for dehydration on several occasions.

15. Although the Court, pursuant to MCL 771.3, “may impose other lawful conditions of probation as the circumstances of the case require or warrant or as in its judgment are proper,” the use of this discretion must be guided by what is lawfully and logically related to defendant’s rehabilitation. People v Gonyo, 173 Mich App 716; 434 NW2d 233 (1988).

16. The addition of this amendment to Defendant’s probation is neither lawful nor logical; the use of medicinal marihuana was an agreed upon condition at the time of the plea and sentence.

17. Further, the Michigan Medical Marihuana Act already provides a remedy regarding the use of marihuana and driving under the influence.

18. Suspending Defendant’s driving privileges does not bear a rational relationship to Defendant’s rehabilitation.

19. It is our task as attorneys to advocate on behalf of our clients and in the process to educate the bench on the law as it evolves. However, ignorance of the law is no excuse for the pattern of practice by police, the bench and probation officers around the state violating the new medical marijuana law.

20. The intent of the legislation is clearly stated from a patients’ rights perspective. To the contrary, police forces across the state, district court judges, and prosecutors are claiming ignorance of the law, and continue to violate the rights of these patients; while advising defendants all day long that ignorance of the law is no excuse.

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I think he got the 90 days for a probation violation, But it was because of the paraphernalia charge so its still not right.

 

sorry to hear this......................

 

thats right it was going good but then the judge saw he was not even going to the drug testing thats what the judge was mad about i think but he told the judge that he had no money to pay for the drug testing

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Heck, this young man and his fiance' are just plain broke, they live with her mother, who has gone deeply into debt trying to help these two. They lived on $5 pizza's for weeks at a time, don't have gas money to get him to the pee tests, let alone pay for the priviledge to pee in thier damned cup. Heard that Eric didn't even make it through intake process before he was headed to the hospital. This young man may not survive incarceration, inhumane punishment. He has been denied the rights of due process repeatedly, it is almost as if the system is set up for him to fail, repeatedly...shame on the judge, you have no heart. Prior to hearing Eric's case, she let one man, who was drunk at 9:30 a.m., in violation of probation, go with only an additional $25 fine and 3 additional days of Community Service. The next guy up, violated by testing positive for both alcohol and cannabis, same result...$25 fine and additional day of community service...then she throws a very ill individual into jail? Is this her way of saying, NOT IN OUR CITY? Unconsionable! Those that were in attendance were able to do an on the spot collection of funds, to the tune of over $300 to assist this couple. This is simply heartbreaking...

 

Peace...j..b.

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