Get My Card Taken Away From Me Or My License Suspeneded

[ChefBoyLp]

Im currently on probation for paraphernalia... got certified a week after i got arrested... judge gave me one year probation, random drug tests, community service, drug counciling...havent smoked in a month because judge and p.o. said i cant smoke...saw my p.o. a couple days ago and she said when i do get the actuall card that i either have to revoke my card or have my license suspended...farmington hills...can they do this?

[MI Compassion]

Absolutely and without a doubt NO! There is NOTHING in our State laws that say anything along these lines.

[Kingdiamond]

Im currently on probation for paraphernalia... got certified a week after i got arrested... judge gave me one year probation, random drug tests, community service, drug counciling...havent smoked in a month because judge and p.o. said i cant smoke...saw my p.o. a couple days ago and she said when i do get the actuall card that i either have to revoke my card or have my license suspended...farmington hills...can they do this?

You need to have your lawyer show them the recent ruling by the michigan supreme court on the subject of thc in the bloodstream and operating a motor vehicle.

 

(Toke of the town)

 

http://www.tokeofthetown.com/2010/06/mi_supreme_court_legal_to_drive_with_thc_metabolit.php

 

Michigan drivers can no longer be convicted for the simple presence of THC byproducts in their bodies after smoking marijuana. The Michigan Supreme Court's liberal majority ruled Tuesday that it is not illegal to drive while having marijuana byproducts internally.

 

 

Until Tuesday's ruling, if you smoked a joint over the weekend and then got drug tested on Monday morning -- or even a month later -- you could be convicted of "Driving Under the Influence of Drugs" (DUID), even if you are no longer high, just because inactive chemical traces of THC remain in your bloodstream.

 

 

According to the court, 11-carboxy-THC, a metabolite of tetrahydrocannabinol, one of the main active ingredients in marijuana, cannot be considered a controlled substance under Michigan law, according to The Associated Press.

 

 

The justices ruled that 11-carboxy-THC is a byproduct created when the body breaks down (metabolizes) THC.

 

 

The court had ruled differently in 2006, when it had a conservative majority and faced the same issue in another case.

 

 

According to the court in that consolidated case, Derror v. Michigan and Kurts v. Michigan, actual innocence of driving while impaired was "irrelevant."

 

 

In both those cases, police charged the defendants under the Michigan DUID law based on the presence of marijuana metabolites, inert by-products of the body's breakdown of THC, in their blood.

 

 

The presence of cannabis metabolites does not mean a person is impaired or under the influence of marijuana; it just indicates that the individual ingested THC at some time in the past 30 days or so.

 

 

From the time of that ruling in 2006 until Tuesday's decision, any Michigan driver who had smoked pot in the past few days, or in the case of heavier smokers, in the past month or so, was subject to a DUID arrest based on the presence of the metabolites, which do not actually indicate impairment.

[ChefBoyLp]

thanks...this is such B.S. they wont let me smoke...I have back pain and dont wanna take prescription pills...but if i did take them they would have no problem with the prescription pills now they say my card or my drivers license...it really sucks

[MI Compassion]

The legal system is not known for just handing you your rights, you need to fight for them. Contact a good attorney and find out if you have any options.

[solabeirtan]

Im currently on probation for paraphernalia... got certified a week after i got arrested... judge gave me one year probation, random drug tests, community service, drug counciling...havent smoked in a month because judge and p.o. said i cant smoke...saw my p.o. a couple days ago and she said when i do get the actuall card that i either have to revoke my card or have my license suspended...farmington hills...can they do this?

 

So you allready had your Preliminary Trial? What were you convicted of ? Your Doctors Recomendation would be all that's necessary, to show you had a Qualifiying Condition.

[phaquetoo]

Im currently on probation for paraphernalia... got certified a week after i got arrested... judge gave me one year probation, random drug tests, community service, drug counciling...havent smoked in a month because judge and p.o. said i cant smoke...saw my p.o. a couple days ago and she said when i do get the actuall card that i either have to revoke my card or have my license suspended...farmington hills...can they do this?

 

 

You ask if they can do that to you? the answer is YES! They already did. because you let them! legaly can they do it NO! but you cant do nothing about it yourself, unless you are very knowledgable of the law or are an attny! It is upto you if you are going to follow there probations rules, as far as im concerned it is one of your meds, and legaly you can do it, I was on prob, and as soon as i got legal i pissed dirty for thc. p.o violated me, I had a prob violation hearing, when they asked me if i agreed with the violation I said NO! I am a registered patient, (i only had paper work at the time) the judge said he wouldnt take the paper work, I explained to him how long it was taking to get you actual plastic, he gave me 90 days from check cashed to show card or report to jail, my card came I faxed a copy to them, and I was allowed to use mm for the rest of my probation! No drivers liscense ever came up!

 

Good luck, Get a Lawyer!

FTW

Peace!

Jim

[JohnB RPh]

One year probation for paraphenalia? Wtf?

 

I too am under similiar constraints as you, 1 year probation, drug testing and drug counseling, can't use, etc, and didn't apply (stupid me) for my card until the week of my arrest. I haven't, however, been threatened with a choice between either my card or my drivers license. Maybe a difference between counties?

[Kingdiamond]

District attorneys and LEO wants everyone they arrest to take a pissant plea deal so they can then limit your consumption of medical cannabis and use your case against all the other legal patients in the state.

 

By your pleading to the lesser charge you gave up your rights as a patient because now your under supervision of the probation department that can do whatever they please because of the paperwork you signed at your probation agreement meeting with your new probation officer.

 

Walk a straight line until your probations completed thats the only thing i see that you can do .

[dlovas]

One year probation for paraphenalia? Wtf?

 

I too am under similiar constraints as you, 1 year probation, drug testing and drug counseling, can't use, etc, and didn't apply (stupid me) for my card until the week of my arrest. I haven't, however, been threatened with a choice between either my card or my drivers license. Maybe a difference between counties?

The only reason they put people onprobation is to collect checks and keep the system rolling with cash coming in. Its fixed up how our legal system works...no other countries have the MONEY made off petty shiet like we do here in America once land of the free. Now home to the enslaved. What is this country coming to....only in the suburbs do they pull this shiet..! Its ALL ABOUT THE BENJI's..!

[lawyercaregiver]

One year probation for paraphenalia? Wtf?

 

I too am under similiar constraints as you, 1 year probation, drug testing and drug counseling, can't use, etc, and didn't apply (stupid me) for my card until the week of my arrest. I haven't, however, been threatened with a choice between either my card or my drivers license. Maybe a difference between counties?

 

A difference between judges!

 

Yes they can absolutely prohibit you from using certain prescription drugs as a term of probation. Surely they can prohibit you from using marijuana which is not prescribed and is still illegal under federal law, although this has not yet been decided.

 

A sympathetic judge could rule in your favor- or an A##-hole judge could rule as yours did. Remember, Judges are an ELECTED position in Michigan. Find out his opponent this November and contribute!

[+Jennifer8]

Absolutely and without a doubt NO! There is NOTHING in our State laws that say anything along these lines.

 

They do that all the time.

[jmorrison71]

A district court judge does not have the authority to revoke your drivers license for a possession of drug paraphernalia case UNLESS you agreed to give up your drivers license or MM card as part of your terms of probation.

 

You have 21 days to appeal a sentence from a judge starting from the date the sentence was issued. After the 21 days are up you are pretty much at the mercy of the court. The only option after that would be to contact an attorney to file a motion in court to request a change in your probation terms or possibly a motion on the grounds that the judge exceeded his/her authority with that condition of probation. A judge has a huge amount of discretion when it comes to terms of probation but this is definately beyond the scope of discretion.

 

I would definately talk to an attorney about this. The court you are in seems to have it in their minds that medical marijuana is the spawn of satan. There are several courts like that in SE Michigan and probably in other conservative parts of the state.

 

Make sure you speak with an attorney before a violation of probation is ordered by the probation officer and a court date gets set.

 

Good luck

[Guest Medicinal Patient]

^^^ Great reply!

[peanutbutter]

Please don't ignore this simple fact.

 

Cannabis is the only medical substance that has it's own law.

 

It is unique in that respect.

 

The protections involved are distinctly different than any other medicine. And there are many more protections for marijuana than exist for anything else that might be proscribed by a doctor.

 

Logic that judges are allowed to order a defendant to not take every other medicine, does not mean that extends to marijuana also.

 

Different sets of laws are involved.

[smoker]

there is another thread about this-

 

and i believe the affirmitive defense does NOT mention a timeline for receiving your rec. as long as you have the doctor rec by the time you see the judge he has to allow it for grounds for dismissal. it clearly states this in the law.

[T1420]

State Law reads I have rights....... I will put holes in anybody stepping foot on my property trying to tell me that I don't know my rights. I have the right to make them leave this reality. Laws were written for people without common sense or decency, I violate no ones rights, and I DEMAND the same. Time to use the laws against the uneducated NAZI enforcement. And if they don't wanna listen MAKE them. Their the sick animals, not people who choose to use a different medicine.

[MaryJ]

heres a link to Mi MMP web site... in there your question will be answered. I feel for you and this is just

My advice to you is never mention it again to your PO mabee she/he will forget about it.

 

Question: Can I use marihuana while on parole/probation if I have an MMMP card?

Answer: The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical marihuana as a condition of your supervision, even if you have a valid MMMP card. Most offenders' supervision is subject to an "obey all laws" condition. Since marihuana possession and use is illegal under federal law, supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of marihuana may subject you to sanction for violation of the conditions of your supervision." The MMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marihuana or otherwise participating in the MMMP.

 

http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52140---,00.html

 

Peace,

Mary J

[peanutbutter]

heres a link to Mi MMP web site... in there your question will be answered. I feel for you and this is just

My advice to you is never mention it again to your PO mabee she/he will forget about it.

 

Question: Can I use marihuana while on parole/probation if I have an MMMP card?

Answer: The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical marihuana as a condition of your supervision, even if you have a valid MMMP card. Most offenders' supervision is subject to an "obey all laws" condition. Since marihuana possession and use is illegal under federal law, supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of marihuana may subject you to sanction for violation of the conditions of your supervision." The MMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of marihuana or otherwise participating in the MMMP.

 

http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52140---,00.html

 

Peace,

Mary J

 

Yes .. that is in the rules.

 

This is a case where the MDCH has put together a rule that is in direct conflict with the law itself.

 

Here is what the law itself says:

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana .. snip ..

 

Read that very carefully ..

 

Is there anywhere in there that makes an exception for a probation violation? No.

 

The MDCH is allowing courts in Michigan to violate the law.

 

Edit .. I was wrong .. It's not even in the rules. It's only in the Q&A section. The exception for probation and/or parole violations isn't even in the rules.

 

Even so, it's still an example of the MDCH encouraging the courts to break the law.

[peanutbutter]

"shall not be subject to arrest, prosecution, or penalty in any manner"

There are NO exceptions!

[jmorrison71]

A person on probation forgoes his or her rights to certain things because probation is viewed as an alternative to incarceration. An example would be that a drunk driver that is placed on probation would have a condition of probation that says he/she can't use, possess, or consume alcoholic beverages. The person on probation may be legally able to do those things but his/her term of probation says they would be violating a court order (probation terms) if they consumed the alcohol. Another example would be a sex offender having an order of probation to not possess any porn. It may be a person's legal right to possess porn but not for the person who has an order of probation that says he can't.

 

You lose many (not all) of your rights when you accept being placed on probation including many search and seizure laws. That does not mean you lose all your rights but the courts treat people on probation as under court orders and therefore it's not viewed the same as a person being arrested for the first time. A judge can overstep his or her bounds when it comes to terms of probation but the courts allow a HUGE discretionary power to judges and terms of probation.

 

Without taking my word for things, I would suggest anyone who has questions specifically about rules of probation to go to www.courts.michigan.gov From there look under "Court Rules" and that gives you everything you could ever want to know about the rules of Michigan courts. Better still is to look under "Publications" and then under "Handbooks and Manuals" and then click on "District Court Probation Officer's Manual." Between those two places you will know everything you need to know about court rules and probation in district court.

 

Like I said before, the best advice is to speak with an attorney before your PO at the court files a violation of probation showcause. Don't wait until after the ball has already dropped to challenge this.

[peanutbutter]

A person on probation forgoes his or her rights to certain things because probation is viewed as an alternative to incarceration. An example would be that a drunk driver that is placed on probation would have a condition of probation that says he/she can't use, possess, or consume alcoholic beverages. The person on probation may be legally able to do those things but his/her term of probation says they would be violating a court order (probation terms) if they consumed the alcohol. Another example would be a sex offender having an order of probation to not possess any porn. It may be a person's legal right to possess porn but not for the person who has an order of probation that says he can't.

 

You lose many (not all) of your rights when you accept being placed on probation including many search and seizure laws. That does not mean you lose all your rights but the courts treat people on probation as under court orders and therefore it's not viewed the same as a person being arrested for the first time. A judge can overstep his or her bounds when it comes to terms of probation but the courts allow a HUGE discretionary power to judges and terms of probation.

 

Without taking my word for things, I would suggest anyone who has questions specifically about rules of probation to go to www.courts.michigan.gov From there look under "Court Rules" and that gives you everything you could ever want to know about the rules of Michigan courts. Better still is to look under "Publications" and then under "Handbooks and Manuals" and then click on "District Court Probation Officer's Manual." Between those two places you will know everything you need to know about court rules and probation in district court.

 

Like I said before, the best advice is to speak with an attorney before your PO at the court files a violation of probation showcause. Don't wait until after the ball has already dropped to challenge this.

 

Such examples are worthless when talking about our rights under the medical marijuana law.

 

Does a person on probation or parole give up the right to a defense in court? Could a judge order the defendant have no such right?

That is what you are suggesting. That is they no longer have a right to a defense.

 

If they are allowed a defense, then they may present a medical marijuana defense.

 

Can a judge issue a no mmj order? Yes.

Could a judge order, as a part of probation, that the defendant shoot his own mother? Yes a judge could order that.

 

Could the shooting be enforced? No it could not.

 

Some orders can not legally be enforced.

 

And section eight of our law is absolute. "The case shall be dismissed."

 

In none of your examples is there a law with that specific instruction to a judge. Except for the medical marijuana law.

 

The voters perceived that patients and caregivers in Michigan were being abused by law enforcement and courts. They voted to protect patients and caregivers from law enforcement and judges.

 

Name one other law where judges are told "you must dismiss the case."

[jmorrison71]

I never said a person does not have a right to a defense when it comes to violations of probation. What I said was that you lose some rights even though they may be legal for individuals not on probation. The laws and court rules for probation violation hearings are different than a regular criminal law hearing. Looking at my post I should have specifically named the rights you lose. You can always have a defense to any case in court, but that doesn't mean a whole lot if that defense is not recognized in court.

 

I'm not here to start a debate with what each of us knows about criminal law Peanutbutter. I was simply trying to provide some of my knowledge about probation and criminal law. I would be more that willing to help you gain some of that knowledge but I'm not going to feel like a first year law student debating law with a law professor.

[bobandtorey]

I never said a person does not have a right to a defense when it comes to violations of probation. What I said was that you lose some rights even though they may be legal for individuals not on probation. The laws and court rules for probation violation hearings are different than a regular criminal law hearing. Looking at my post I should have specifically named the rights you lose. You can always have a defense to any case in court, but that doesn't mean a whole lot if that defense is not recognized in court.

 

I'm not here to start a debate with what each of us knows about criminal law Peanutbutter. I was simply trying to provide some of my knowledge about probation and criminal law. I would be more that willing to help you gain some of that knowledge but I'm not going to feel like a first year law student debating law with a law professor.

 

we have so much work to do for MMJ i wounder if the judge can order him/her to stop any other meds?

[peanutbutter]

We switched servers last night and lost some posts here. Some that may be very important. I was able to capture most of the last missing posts.

 

Hear are the majority of them:

 

Posted Today, 06:51 PM by bobandtory

jmorrison71, on 17 August 2010 - 05:54 PM, said:

I never said a person does not have a right to a defense when it comes to violations of probation. What I said was that you lose some rights even though they may be legal for individuals not on probation. The laws and court rules for probation violation hearings are different than a regular criminal law hearing. Looking at my post I should have specifically named the rights you lose. You can always have a defense to any case in court, but that doesn't mean a whole lot if that defense is not recognized in court.

 

I'm not here to start a debate with what each of us knows about criminal law Peanutbutter. I was simply trying to provide some of my knowledge about probation and criminal law. I would be more that willing to help you gain some of that knowledge but I'm not going to feel like a first year law student debating law with a law professor.

 

 

we have so much work to do for MMJ i wounder if the judge can order him/her to stop any other meds?

 

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Posted Today, 07:36 PM by peanutbutter

jmorrison71, on 17 August 2010 - 05:54 PM, said:

I never said a person does not have a right to a defense when it comes to violations of probation. What I said was that you lose some rights even though they may be legal for individuals not on probation. The laws and court rules for probation violation hearings are different than a regular criminal law hearing. Looking at my post I should have specifically named the rights you lose. You can always have a defense to any case in court, but that doesn't mean a whole lot if that defense is not recognized in court.

 

I'm not here to start a debate with what each of us knows about criminal law Peanutbutter. I was simply trying to provide some of my knowledge about probation and criminal law. I would be more that willing to help you gain some of that knowledge but I'm not going to feel like a first year law student debating law with a law professor.

 

Thank you for everything you posted.

 

Honestly you got me to do some deep thinking about my stand about probation violation.

 

In the end I came back to the fact that this is a specific law for a specific substance. As such it has extraordinary protections far more extensive, and very different, than for any other substance.

 

It's unique.

 

Since it's unique, examples about other substances, and situations, don't quite fit.

 

Now then .. procedures. You have me on that. I didn't know that PA aren't usually there for violation hearings. So the phrase "in any prosecution involving marihuana" is something that I had to think over again. ie is a violation hearing a "prosecution?" It seems that way to me because it usually ends up in someone going to jail and you are able to offer up a defense.

 

More about procedures. I noted that the MDCH is willing to accept any court order to revoke an ID card. I would imagine that the majority of judges believe they are allowed to do that also.

 

However, in the law there is only two reasons allowed for the MDCH to revoke a ID card. One that is if the person with an ID card is convicted for selling to someone without a ID card. The other is if the doctor that wrote the letter of recommendation writes another letter telling the MDCH that the medical condition no longer exists.

 

So when the MDCH tells the judicial system that they may order the revocation of a ID card, the MDCH has granted judges abilities that the law does not give them.

 

Anyway .. thank you for taking the time to post. Whatever I learn from our exchanges are things that I'll be able to pass along to others.

 

Meanwhile, it is my deepest desire to keep every iota of this law. To not allow any protections to fall through the cracks by way of everyone agreeing that some aspect doesn't exist, when it does.

 

So then. my main question for you now is that one about "any prosecution involving marihuana." Does that include a probation hearing?

 

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Posted Today, 08:11 PM by jmorrison71

Thanks for your opinion on things. My hope in posting responses to probation and criminal law has been to help spread the knowledge I have in both of those areas. I'm very disturbed by the fact that a judge would order a person to chose between their driver's license and medical marijuana card. I'm also bothered by how the criminal justice system and MDCH have not been on the same page.

 

Probation and parole issues are very restrictive areas of the law since a person has pled guilty/no contest or has been found guilty and is in fact being placed on probation in lieu of incarceration. In parole it's worse since a person is on parole in lieu of sitting in prison. The power of parole rests with a parole agent, parole board, and a few other members of MDOC like administrative judges. It's a really messed up deal. A person on parole would not go before a circuit court judge if he/she violated their terms of parole, unless it was for a new felony charge. One thing to keep in mind with probation and parole issues is that the individual was already prosecuted and found guilty (or pled guilty) or pled no contest. Majority of the time it's in the form of a plea agreement and not an actual trial.

 

I'm not sure if a probation violation is considered a prosecution in the strict sense since the person has already been prosecuted and a plea of guilt has been entered. A probation violation works by the "proponderence of evidence" condition in law which is similar to how a civil case works. So a probation agent would have to provide evidence that proves the person is 51% responsible for the violation in order for the judge to find the person guilty of the violation. It would also depend on what the person was being violated for during the showcause as to what defense could be used.

 

IMHO the next thing you are going to see in courts try and get around legality of medical marijuana by violating individuals because they don't have a prescription for marijuana (as is required for controlled substances) and saying that possessing marijuana is still contrary to federal law. Just another way for the criminal justice system to persecute patients.

 

I believe that MDCH has a huge responsiblity that is being neglected or overlooked. They need to be coordinating with the State Court of Administrators Office to issue educational information to the judges and staff. That may not eliminate all of this but it would help to get the judges on the track of following the law. Seems like this would go hand in hand with educating LEO, prosecutors, etc.

 

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Posted Today, 09:45 PM by peanutbutter

jmorrison71, on 17 August 2010 - 08:11 PM, said:

Thanks for your opinion on things. My hope in posting responses to probation and criminal law has been to help spread the knowledge I have in both of those areas. I'm very disturbed by the fact that a judge would order a person to chose between their driver's license and medical marijuana card. I'm also bothered by how the criminal justice system and MDCH have not been on the same page.

 

Probation and parole issues are very restrictive areas of the law since a person has pled guilty/no contest or has been found guilty and is in fact being placed on probation in lieu of incarceration. In parole it's worse since a person is on parole in lieu of sitting in prison. The power of parole rests with a parole agent, parole board, and a few other members of MDOC like administrative judges. It's a really messed up deal. A person on parole would not go before a circuit court judge if he/she violated their terms of parole, unless it was for a new felony charge. One thing to keep in mind with probation and parole issues is that the individual was already prosecuted and found guilty (or pled guilty) or pled no contest. Majority of the time it's in the form of a plea agreement and not an actual trial.

 

I'm not sure if a probation violation is considered a prosecution in the strict sense since the person has already been prosecuted and a plea of guilt has been entered. A probation violation works by the "proponderence of evidence" condition in law which is similar to how a civil case works. So a probation agent would have to provide evidence that proves the person is 51% responsible for the violation in order for the judge to find the person guilty of the violation. It would also depend on what the person was being violated for during the showcause as to what defense could be used.

 

IMHO the next thing you are going to see in courts try and get around legality of medical marijuana by violating individuals because they don't have a prescription for marijuana (as is required for controlled substances) and saying that possessing marijuana is still contrary to federal law. Just another way for the criminal justice system to persecute patients.

 

I believe that MDCH has a huge responsiblity that is being neglected or overlooked. They need to be coordinating with the State Court of Administrators Office to issue educational information to the judges and staff. That may not eliminate all of this but it would help to get the judges on the track of following the law. Seems like this would go hand in hand with educating LEO, prosecutors, etc.

 

 

WOW thank you.

 

I believe this very clear language also applies to probation and parole situations:

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act,

 

 

Now then. Then MDCH has issued the statement about revoking an ID card outside the specifications of the law.

 

They seem to believe that they are not required to make any statements about any topics at all. Yet since they have made this statement, I believe they are responsible to change the statement and correct any damage they may have caused.

 

Does that make sense to you?

 

tia

 

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Posted Today, 10:33 PM by jmorrison71

peanutbutter, on 17 August 2010 - 09:45 PM, said:

WOW thank you.

 

I believe this very clear language also applies to probation and parole situations:

 

 

 

Now then. Then MDCH has issued the statement about revoking an ID card outside the specifications of the law.

 

They seem to believe that they are not required to make any statements about any topics at all. Yet since they have made this statement, I believe they are responsible to change the statement and correct any damage they may have caused.

 

Does that make sense to you?

 

tia

 

 

I would definately think that in the case of the original poster it would apply. Since each probation violation is pretty specific I couldn't say if it would work in every case. I think the issue with the original poster is that the judge is exceeding his/her authority by forcing a person to give up their drivers license or their medical marijuana card. It's just a backdoor way of a court trying to take away a person's rights.

 

Like I said before it's best to address this before it goes to a violation hearing.

 

Parole issues are going to fall under what MDOC policies are there for parole agents to address parolees having medical marijuana cards. As I mentioned before parole is in lieu of serving time in prison and parolees have even less rights. Some wins in civil court with discrimination cases, employment cases, etc. may help to disolve problems for parolees and probably many others in bad situations.

 

MDCH needs to take a look at their role in misinformation in this matter. I also think they need to take a stronger push at educating the criminal justice community. God knows many in the law enforcement community will not go and seek the information on their own. MDCH has had the ability to monitor doctor's licenses and are the department responsible for MAPS, the program that can track a patients controlled substance prescribing information (ie how often, for what, how much, type of contolled substance prescribed). If they can do all of that they can get this law right!