Delivery Charge

[phaquetoo]

Not trying to be a thread stealer here, but am I correct in the understanding that the AD is only effective if one is within compliance of the standards of the Medical Marijuana act (2.5.oz, 12 plants or less) at time of arrest?

 

 

I agree! but on the other hand, what if his patients need more than 2.5 a month? how are you supposed to keep up with the demand of your legal patients. lets do the math, 5 patients,they each can have 2.5 in possession at all times, their c.g can have 2.5 for each/ that comes out to 25 oz's cured split between c.g and p, now you can also have 12 plants per including yourself if your a patient thats 72 plants, now how are you supposed to stay under the limit with that many plants? even if you are a very bad grower and only get 1 oz per plant thats 72 oz's a crop! now times that by 4, 5, 6, 7,8 or more per plant! Wow wish I had that prob rite now, excluding the po po's!

P. P & P

Peace

Jim

[phaquetoo]

It's after the fact for me now, but thank you for this info. The first part of your post helps put my mind at ease that I didn't pursue an AD further. I would've been too chicken to test a jury, even though it only takes one "not guilty".

 

 

Dude a jury of YOUR PEERS is the best way to go, unless your attny knows for sure that the judge is mm friendly. I would never let my life hang on one mans decision, jury trials are the only way to go, that is what got me off. You need to trust in the jury, they are your peers, most time the judge is not, he is an elected offical,,sorry to some of you in politics, but once i told my dad that politicians are a bunch of crooks, he said not true son . alot of good people go into politics but alot of bad people come out! words of wisdom!

 

I beleive only 15% of jury trials actualy go to trial, the rest cop a plea, and 85% of the ones that cop pleas are indegent!

 

Peace!

Jim

[old-hobo]

as long as you have a qualifying condition,you really dont have to have a card or rec to use the A/D. READ THE LAW,LIVE THE LAW, READ THE LAW.

[______]

Not trying to be a thread stealer here, but am I correct in the understanding that the AD is only effective if one is within compliance of the standards of the Medical Marijuana act (2.5.oz, 12 plants or less) at time of arrest?

 

You are not correct. I'm sure someone more ambitious than me will post the sections of the law showing AD does not have the same limits imposed.

[Zombiefied]

You are not correct. I'm sure someone more ambitious than me will post the sections of the law showing AD does not have the same limits imposed.

Not really ambitious, but I love posting this law so much...lol

333.26428 Defenses.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

 

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(B) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

 

[lawyercaregiver]

Entrapment occurs when the po po causes a person who would not otherwise commit the crime to offend.

 

This is a subtle and important difference from what was stated so far in this thread.

 

The burden to establish a defense of entrapment is to show:

 

1. That LEO caused a person to offend.

2. That the person would not have committed the crime but for LEO.

 

So this person was just going to use the 10 lbs of weed to power his furnace until LEO convinced him to sell it to them, right? And he was NEVER going to sell to anybody ever except LEO was so convincing? Good luck on that one- what the heck, you never know what will work in court. After all, OJ walked (the first time).

[peanutbutter]

Entrapment occurs when the po po causes a person who would not otherwise commit the crime to offend.

 

This is a subtle and important difference from what was stated so far in this thread.

 

The burden to establish a defense of entrapment is to show:

 

1. That LEO caused a person to offend.

2. That the person would not have committed the crime but for LEO.

 

So this person was just going to use the 10 lbs of weed to power his furnace until LEO convinced him to sell it to them, right? And he was NEVER going to sell to anybody ever except LEO was so convincing? Good luck on that one- what the heck, you never know what will work in court. After all, OJ walked (the first time).

 

First leo claimed to represent a large number of patients.

Then offered to combine this large number of patients into Dagit's group.

Then offered him the marijuana to supply these patients. On credit.

 

This is an extreme, but there is a slim possibility of those actions were legal.

 

The trap set for Wayne was to provide him with a method of helping a lot of people. In Wayne mind it was a legal attempt to assist patients.

 

There is no way that Wayne could have afforded that much marijuana. He put a small part down. Probably more than he could afford. The rest was all credit.

 

They would have not been able to arrest him without the marijuana they sold to him. No normal drug dealer would have handed him the marijuana on credit. The only way that the marijuana could have been in Waynes hands was for the police to directly provide it to him.

 

IOW Without the police, no crime would have taken place.

[solabeirtan]

Sounds like someone wanted him sidelined. They obviously have some common interests ie will work for weed. A barter type arrangement, and an honest and fair relationship. Except his employer has made a deal with the popos, for questionable motives. If you remove the presence of the popos it sounds like a straight up square deal. Enter them in the equasion you have a conspiracy, obviously between his employer and LEOs...

 

.... very dirty deaLing ...

[peanutbutter]

Sounds like someone wanted him sidelined. They obviously have some common interests ie will work for weed. A barter type arrangement, and an honest and fair relationship. Except his employer has made a deal with the popos, for questionable motives. If you remove the presence of the popos it sounds like a straight up square deal. Enter them in the equasion you have a conspiracy, obviously between his employer and LEOs...

 

.... very dirty deaLing ...

 

That would be the sheriff. Dagit and the sheriff were on the radio to debate. Sheriff don't like Dagit.

[jim420]

Well the saga continues my buddy that has the charge was offered 12month in jail.He refused.Come to find out the informant was caught growing illegally. The informant called the defendant 10 times for the meeting, had no money and gave the defendant the mj.No exchange of $. reverse buy? No buy took place.wtf? How can the gov. give somebody this and turn around and arrest them. If informant wasn't so persistant to give the defendant whaT HE THOUHGT WAS $ for working for him it would have never happened.This info guy is a bad person.

[majstoner]

I have heard of a case in CA where a father and son where over the legal limit for mj, in that case the defense argued they needed that quantity of mj to treat their symptoms, if you are willing to pay and you have a debilitating medical condition a jury may and i say may find you not guilty. Probably gonna cost you at least 10 grand though....

[Marijuana Ranch]

I have a letter that states dr. reviewed my records and i am qualified. I have not obtained a perscription.

 

420Peace jim420,

 

ck out

www.komornlaw.com