Three Rivers Patient Arrested Again

[truthBOMB]

LINK and NEWSCAST

 

ST. JOSEPH COUNTY, Mich. (NEWSCHANNEL 3) – He's been cleared to consume medical marijuana, but he got arrested for smoking pot.

 

Craig Gotshall suffers from two kinds of hepatitis. A doctor prescribed him medical marijuana to control his nausea, but he's currently behind bars.

 

Three Rivers Police arrested him after he failed a drug test, but Gotshall has a medical marijuana card and a doctor's permission, so why'd he wind up in the back of a cop car?

 

Newschannel 3 spoke with several prosecutors about Gotshall's case. They all said the legislation concerning medical marijuana is extremely vague and until the law is better defined, stories like Gotshall's will continue to pop up.

 

Gotshall says he's been arraigned twice in 2010 on drug charges.

 

“I'm out on bond for possession of marijuana,” said Gotshall.

 

The strange thing is that Gotshall had a valid medical marijuana card prior to both charges.

 

“It's my medication,” said Gotshall, “it's what I take. I have hepatitis b and c, it's what I take to help me feel better.”

 

However, when he faced a judge in St. Joseph County, Gotshall says there was a problem.

 

“At the time I didn't have my marijuana card and he ordered me not to use marijuana,” said Gotshall. “I dont' think a judge should supersede what a doctor says.”

 

Newschannel 3 contacted the St. Joseph County prosecutor who said the judge ordering Gotshall not to take his medication is well within his power. Gotshall says he even complied with the judge's order, for a while.

 

“I didn't use marijuana until I got my card in the mail,” said Gotshall. “When I got my card in the mail I started taking my medication again.”

 

That may have been fine, but the judge also ordered Gotshall to come to the daily reporting center in Three Rivers to be drug tested weekly.

 

“That was about five months ago,” said Gotshall, “I've been on bond the whole time and they never tested me for marijuana.”

 

However, all that changed in June when Gotshall was tested for marijuana, a test he failed. When he showed up to be drug tested on Tuesday night, he was put in handcuffs and taken to jail.

 

“Here we go,” said Gotshall.

 

Gotshall was arrested for smoking medicinal marijuana, as prescribed by a doctor, something the State of Michigan has granted him the right to do.

 

Gotshall says he'll be in jail for at least seven days.

 

Newschannel 3 called the St. Joseph County clerk, who says one of Gotshall's marijuana charges was dismissed on May 25th, but couldn't tell us why. We also tried to contact the judge who ordered Gotshall not to use his medication, but were unsuccessful in our effort to reach him.

[truthBOMB]

sorry for the DP, wanted to keep the OP clean for C&P

 

From the text, my guess is that he was first arrested within the first 15 days after mailing the application. It's stated he waited 5 months, then when he received the card, the guy was popped again. This time arrested b/c of a bond issue mandating no controlled substances (it would be interesting what the judge stated as bond conditions...MMJ or controlled subs.)

 

anyway, good luck to the guy. Hope someone champions him.

[tooldini]

It sucks this is happening but I see a trend here that it is usually people that don't wait till they have there card in hand. I know its not right but this is what I see. Best advice for anyone newcomers is to wait wait and wait I guess.

[Nemosity]

Gee, wonder if the judge thinks people who have run in's with the law should stop taking their blood pressure meds too. Oh wait, that's MM! This guy should have a darn good attorney picking this up. This will set precedent if the right people get behind him, it will be good, if no one gets behind him, the precedent will hurt the MM movement.

[Century Gardens]

Newschannel 3 contacted the St. Joseph County prosecutor who said the judge ordering Gotshall not to take his medication is well within his power.

 

 

I'm speechless.

[tooldini]

thats just crazy. Why make something legal for medical if no one with authority will take it seriously? Sometimes it seems like it would be better to just stay illegal and on the downlow

[Nemosity]

I think someone messed up my ticket, I'm sure I picked a much better world to live in than this one....

[Marijuana Ranch]

Gee, wonder if the judge thinks people who have run in's with the law should stop taking their blood pressure meds too. Oh wait, that's MM! This guy should have a darn good attorney picking this up. This will set precedent if the right people get behind him, it will be good, if no one gets behind him, the precedent will hurt the MM movement.

 

 

420Peace Nemosity,

 

A darn good attorney who I have seen first hand have success with MMJ cases in Three Rivers is:

Michael Komorn

www.komornlaw.com

[LansingAreaCaregiver]

sorry for the DP, wanted to keep the OP clean for C&P

 

From the text, my guess is that he was first arrested within the first 15 days after mailing the application. It's stated he waited 5 months, then when he received the card, the guy was popped again. This time arrested b/c of a bond issue mandating no controlled substances (it would be interesting what the judge stated as bond conditions...MMJ or controlled subs.)

 

anyway, good luck to the guy. Hope someone champions him.

 

That is great in theory, but if you're terminally ill and don't have 5 months to wait until the MDCH gets off their arses and processes an application...

[Marijuana Ranch]

Newschannel 3 contacted the St. Joseph County prosecutor who said the judge ordering Gotshall not to take his medication is well within his power.

 

 

I'm speechless.

 

 

420Peace Century Gardens,

 

We are within our power to Vote and send this judge back to private practice.

Then he will be speachless and off the public trough...

[Marijuana Ranch]

420Peace Craig Gotshall,

 

Please contact me

I can help...

 

Ron Klug

Marijuana Ranch

Detroit/West Branch

313-422-5281

[+Scottybud]

quote -Now that really gets my goat. Not only are the cops practicing medicine, but the judges are as well. Not only is that cruel and unusual punishment, but isn't that practicing medicine without a license?

 

 

Sounds like a good time for a protest at there court hose or jail ! fing BS

[+itssortalegal10]

Just pathetic. I mean he didn't get b and c from being an angel but regardless he was within the law from what it sounds like. I think supporters of the movement need to come up with an idea to push for this law to be fixed now. When they start locking up the patients there is a serious problem. It really makes you sick to think that some jerk in a dorky robe has the power to over write a doctors order that deals with someones life, health and well being.

[truthBOMB]

concerning the judge's rulings:

as a condition of bond, a subject may not consume alcohol, be in a place that serves alcohol, or be using a controlled substance. I know that was a condition slated to a friend of mine that had a dissimular situation, but out on bond awaiting trial none-the-less.

herein lies the problem:

the judge setting forth the bond conditions is still treating marijuana as a narcotic/controlled substance and working by the letter of the law, but not the law inacted by the people. the judge should have recognized that MMJ is the variable and not a condition of bond. I may be mistaken, but don't judges interpret the law as pertaining to each case?

this is the disconnect in the law: LEO and the judicial system still treats patients like criminals.

this could have been clearly avoided if the LEO had a database to cross reference patients with. if they can call into the dmv 24/7 to see if you are a registered driver or live where your card says you do, why are they not accessing the MDCH database to cross reference people they arrest. this is a huge waste of police, attorney, judge's, administration's, and the people's time.

 

 

when will the state start living by the letter of the law as determined by the will of the voters?

[bobandtorey]

It sucks this is happening but I see a trend here that it is usually people that don't wait till they have there card in hand. I know its not right but this is what I see. Best advice for anyone newcomers is to wait wait and wait I guess.

 

 

of course that is always best. But i think the AD is the best part of this new Law the AD is solid me and Torey will find out soon i guess i think this is why we /they the PA is taking it all the way to the supreme court

 

i can not see any other reason it's not me and Torey that is inn court it's Medical Marihuana that is or the AD witch i wish some one would tell me i have been thinking allot about this and the Lawyers wont tell me any thing all 5 of them Yep we have 3 judges and 5 Lawyers unbelievable

[GregS]

This judge will be complain slapped hard by a higher court unless he changes his tune.

[Guest CaveatLector]

concerning the judge's rulings:

as a condition of bond, a subject may not consume alcohol, be in a place that serves alcohol, or be using a controlled substance. I know that was a condition slated to a friend of mine that had a dissimular situation, but out on bond awaiting trial none-the-less.

herein lies the problem:

the judge setting forth the bond conditions is still treating marijuana as a narcotic/controlled substance and working by the letter of the law, but not the law inacted by the people. the judge should have recognized that MMJ is the variable and not a condition of bond. I may be mistaken, but don't judges interpret the law as pertaining to each case?

this is the disconnect in the law: LEO and the judicial system still treats patients like criminals.

this could have been clearly avoided if the LEO had a database to cross reference patients with. if they can call into the dmv 24/7 to see if you are a registered driver or live where your card says you do, why are they not accessing the MDCH database to cross reference people they arrest. this is a huge waste of police, attorney, judge's, administration's, and the people's time.

 

 

when will the state start living by the letter of the law as determined by the will of the voters?

 

 

 

 

As you correctly state the judge made no mj use a condition of bond. Bond is set in lieu of sitting in jail. In other words the judge can prevent you from doing anything you couldn't do while you were in jail. That is what people are missing here. Freedom while on bond comes with a price. Your alternative is to NOT bond out and just sit in jail. However, there isn't a sheriff in the state that would let you use mj in jail. So, either way you are out of luck. The judge could make "no frisbee throwing" a condition of bond...

[Croppled1]

As you correctly state the judge made no mj use a condition of bond. Bond is set in lieu of sitting in jail. In other words the judge can prevent you from doing anything you couldn't do while you were in jail. That is what people are missing here. Freedom while on bond comes with a price. Your alternative is to NOT bond out and just sit in jail. However, there isn't a sheriff in the state that would let you use mj in jail. So, either way you are out of luck. The judge could make "no frisbee throwing" a condition of bond...

 

 

A sad but true note to end on without updates about this situation . You can't legislate compassion and common sense . Sometimes it is revealing to go back and look at how we have all been effected over time these first 3 years . The witholding of medications should be challenged as cruel and unusual punishment by someone in this State but who will back the case most patients can't afford too . Prosecutors have the wealth of Michigan at their disposal .

[peanutbutter]

As you correctly state the judge made no mj use a condition of bond. Bond is set in lieu of sitting in jail. In other words the judge can prevent you from doing anything you couldn't do while you were in jail. That is what people are missing here. Freedom while on bond comes with a price. Your alternative is to NOT bond out and just sit in jail. However, there isn't a sheriff in the state that would let you use mj in jail. So, either way you are out of luck. The judge could make "no frisbee throwing" a condition of bond...

 

Odd .. nothing in the law that allows bond restrictions. The state law says a patient can medicate unless they are in jail. If bail is granted, the patient isn't in a jail.

 

So state law says the patient can medicate. A judge says they can't.

[WalledLakePatient]

Nice PB, I'd also like to add that bond isn't a bone that is thrown to us from the judge and prosecution. IT'S REQUIRED BY THE CONSTITUTION. If you've ever been to a major case's bond hearing you'll hear the prosecutor argue about flight risk and the defender argue about "a bond this high is as if there is no bond at all". The judge works for Michigan. If he wants federal law to be enforced he can turn the suspect over to a federal court. Michigan law says a DOCTOR recommends the medicine the patient is to take, period. This action by this judge is against the Michigan constitution and the citizens of Michigan. Why vote if these assholieols don't have to follow the CLEARLY WRITTEN law.

 

Pissed off,

 

WalledLakePatient

[+wolfgang]

LINK and NEWSCAST

 

ST. JOSEPH COUNTY, Mich. (NEWSCHANNEL 3) – He's been cleared to consume medical marijuana, but he got arrested for smoking pot.

 

Craig Gotshall suffers from two kinds of hepatitis. A doctor prescribed him medical marijuana to control his nausea, but he's currently behind bars.

 

Three Rivers Police arrested him after he failed a drug test, but Gotshall has a medical marijuana card and a doctor's permission, so why'd he wind up in the back of a cop car?

 

Newschannel 3 spoke with several prosecutors about Gotshall's case. They all said the legislation concerning medical marijuana is extremely vague and until the law is better defined, stories like Gotshall's will continue to pop up.

 

Gotshall says he's been arraigned twice in 2010 on drug charges.

 

“I'm out on bond for possession of marijuana,” said Gotshall.

 

The strange thing is that Gotshall had a valid medical marijuana card prior to both charges.

 

“It's my medication,” said Gotshall, “it's what I take. I have hepatitis b and c, it's what I take to help me feel better.”

 

However, when he faced a judge in St. Joseph County, Gotshall says there was a problem.

 

“At the time I didn't have my marijuana card and he ordered me not to use marijuana,” said Gotshall. “I dont' think a judge should supersede what a doctor says.”

 

Newschannel 3 contacted the St. Joseph County prosecutor who said the judge ordering Gotshall not to take his medication is well within his power. Gotshall says he even complied with the judge's order, for a while.

 

“I didn't use marijuana until I got my card in the mail,” said Gotshall. “When I got my card in the mail I started taking my medication again.”

 

That may have been fine, but the judge also ordered Gotshall to come to the daily reporting center in Three Rivers to be drug tested weekly.

 

“That was about five months ago,” said Gotshall, “I've been on bond the whole time and they never tested me for marijuana.”

 

However, all that changed in June when Gotshall was tested for marijuana, a test he failed. When he showed up to be drug tested on Tuesday night, he was put in handcuffs and taken to jail.

 

“Here we go,” said Gotshall.

 

Gotshall was arrested for smoking medicinal marijuana, as prescribed by a doctor, something the State of Michigan has granted him the right to do.

 

Gotshall says he'll be in jail for at least seven days.

 

Newschannel 3 called the St. Joseph County clerk, who says one of Gotshall's marijuana charges was dismissed on May 25th, but couldn't tell us why. We also tried to contact the judge who ordered Gotshall not to use his medication, but were unsuccessful in our effort to reach him.

omw,sue,sue,sue!!!!!

[bobandtorey]

omw,sue,sue,sue!!!!!

 

if only it was that easy

[legacy]

Hopefully a new Repub will enter the Prosecutor race for the next election. McDonough needs to be voted out.

 

just noticed Gotshall's dob on his hard card... 4/20

[Reaper]

More repubs!?!?!? = more BS!!!

[legacy]

More repubs!?!?!? = more BS!!!

 

True 99% of the time. Ron Paul is for positive change regarding mmj. In this case it would not be "more", but the same quantity of Repubs.

 

St Joseph county only elects Repubs. So I was thinking if McDonough got voted out, it would be at the hands of a fellow Repub. The new PA would get the idea to not commit political suicide by not going against the MMMA.