Medicinal (Cannabis) Plants Are Lawfully Protected By Michigan Law!

[freemannabis]

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

 

750.551 Trespass; injuring and destroying medicinal plants.

 

Sec. 551.

 

Trespass upon field, etc., and injuring or destroying ginseng, golden seal plants, etc.—Any person who shall without the permission of the owner, enter the field, yard, building, garden or other enclosure of another and wilfully break down, dig, destroy, take or carry away any ginseng or ginseng seed, golden seal plants, golden seal roots, golden seal seeds or any other medicinal plants, seeds or roots, there stored, growing, drying or being, shall be guilty of a misdemeanor.

 

 

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.551

Former Law: See section 1 of Act 74 of 1905, being CL 1915, § 15411; CL 1929, § 17014; and Act 360 of 1917.

 

 

© 2009 Legislative Council, State of Michigan

 

http://legislature.mi.gov/doc.aspx?mcl-750-551

 

****

 

Hmm ...

 

Now, THAT's Intersting, eh!?

 

One can't really help wondering ... will [particularly willful] violators of this LAW to PROTECT MEDICINAL PLANTS be held more accountable for multiple (repeat) offences?

 

And, would any relevant sanctions imposed for such blatant civil and criminal infractions against "We The People's" Medicinal Plants be more stringent when committed while armed and dangerous to patient/public?

 

Just thinking out loud ...

 

FREE The CURE!

[the green leaf farmacy]

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

 

750.551 Trespass; injuring and destroying medicinal plants.

 

Sec. 551.

 

Trespass upon field, etc., and injuring or destroying ginseng, golden seal plants, etc.—Any person who shall without the permission of the owner, enter the field, yard, building, garden or other enclosure of another and wilfully break down, dig, destroy, take or carry away any ginseng or ginseng seed, golden seal plants, golden seal roots, golden seal seeds or any other medicinal plants, seeds or roots, there stored, growing, drying or being, shall be guilty of a misdemeanor.

 

 

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.551

Former Law: See section 1 of Act 74 of 1905, being CL 1915, § 15411; CL 1929, § 17014; and Act 360 of 1917.

 

 

© 2009 Legislative Council, State of Michigan

 

http://legislature.mi.gov/doc.aspx?mcl-750-551

 

****

 

Hmm ...

 

Now, THAT's Intersting, eh!?

 

One can't really help wondering ... will [particularly willful] violators of this LAW to PROTECT MEDICINAL PLANTS be held more accountable for multiple (repeat) offences?

 

And, would any relevant sanctions imposed for such blatant civil and criminal infractions against "We The People's" Medicinal Plants be more stringent when committed while armed and dangerous to patient/public?

 

Just thinking out loud ...

 

FREE The CURE!

thats very intersting but....if they have a warrent i guess there going to come in

[freemannabis]

thats very intersting but....if they have a warrent i guess there going to come in

 

Well, certainly that is the moudus operandi of discompassionately demeanored, home-invading terrorists ...

 

(As if a - usually - TOTAL LACK of "reasonable cause" to support a valid warrant [for any search or seizure] has ever served to deter those lawless acts and actions of the ruling class minorities of state, federal and private agents of government entities, anyway, eh?)

 

But, perhaps it wouldn't hurt the courts to ask, "do plants have rights too?".

 

Reminds me of that old saying: "Plants are people too".

 

Just thinkin' out-loud again ...

 

Or, maybe just grasping at straws?

 

: \

 

Oh, well ...

 

Be Happy; Be FREE!

 

(pass-it-on)

[peanutbutter]

But, perhaps it wouldn't hurt the courts to ask, "do plants have rights too?".

 

Yes they do.

 

They are not allowed to be seized or forfeited under our new law.

[+420Atheist]

That is another interesting find. Would the police department have to pay the fine or the individual officers? If the officers had to pay that would fix a lot of things.

[Phil78]

no, they would never be able to fine the officers, as the officers would be acting in good faith (good luck proving they're not)

 

if a cop drove by you and your neighbor out in the front yard wrestling, he has every right to stop what you are doing. you might be doing it for fun, but it is his "job" to stop you and determine what is going on, because it could be an assault.

 

same with pot. yes, you may be legal, but you are participating in an activity where the majority of it is illegal. and, unless he is convinced you are legal, until someone proves you are legal (like a judge), he can do whatever he thinks is right. also keep in mind there are people out there with fake cards, so they could even feasibly arrest everyone with the "kill 'em all, let God sort 'em out" attitude

 

so, they're going to fake ignorance of the law as far as it will take them. even though they will tell YOU, "ignorance of the law is not an excuse"

[Guest Wayne]

Happens all the time outside liquor stores. Can't be sure, still illegal to provide to minors, or take it home and sell by the glass to passing motorists. Must be certain!!!!

[Guest Wayne]

On the other hand even if correct who's running for prosecutor where to enforce this?

[+420Atheist]

no, they would never be able to fine the officers, as the officers would be acting in good faith (good luck proving they're not)

 

I think it could be argued that once they see your card and ignore that law they are no longer acting in good faith.

[peanutbutter]

same with pot. yes, you may be legal, but you are participating in an activity where the majority of it is illegal. and, unless he is convinced you are legal, until someone proves you are legal (like a judge), he can do whatever he thinks is right. also keep in mind there are people out there with fake cards, so they could even feasibly arrest everyone with the "kill 'em all, let God sort 'em out" attitude

 

Wrong. Not with mmj.

 

There are things written into the law where there is supposed to be an assumption of innocence.

 

You are claiming that there is a presumption of guilt.

 

Many officers believe the same as you. That is a serious problem. This false belief causes officers of the law to violate our civil rights as a policy.

[peanutbutter]

If they see the card (and that includes 20 day old paperwork) they are required by law to assume you are compliant until PROVEN otherwise.

 

When they continue with the presumption of guilt, they are violating your civil rights.

[Phil78]

 

Many officers believe the same as you. That is a serious problem. This false belief causes officers of the law to violate our civil rights as a policy.

 

 

i'm not telling you what I believe/feel, i'm telling you how THEY see it. they actively seek out wrongdoers (it's their job). they think everyone is a wrongdoer, and look at everyone as being suspect.

 

am i wrong? has anyone here known a cop? they're just as full of the BS off the job, as they are on the job. they'd just as soon put you in handcuffs and show you who's boss, than give your license and registration back and let you be on your way.

 

we can all preach about how mmj users are in the right, free and clear, but that doesn't matter when leo can do whatever he wants, and he sees you as just another pothead. that doesn't mean you won't get off the charge. yes, a judge may certainly deem you free to go, but how does that help when leo has already busted up your grow room, under the assumption that it is illegal (topic of this thread)?

 

it sucks that for every nuance of this law, there is going to have to be at least 1-2 people that goes through hell, to set a precedent.

[peanutbutter]

i'm not telling you what I believe/feel, i'm telling you how THEY see it. they actively seek out wrongdoers (it's their job). they think everyone is a wrongdoer, and look at everyone as being suspect.

 

am i wrong? has anyone here known a cop? they're just as full of the BS off the job, as they are on the job. they'd just as soon put you in handcuffs and show you who's boss, than give your license and registration back and let you be on your way.

 

we can all preach about how mmj users are in the right, free and clear, but that doesn't matter when leo can do whatever he wants, and he sees you as just another pothead. that doesn't mean you won't get off the charge. yes, a judge may certainly deem you free to go, but how does that help when leo has already busted up your grow room, under the assumption that it is illegal (topic of this thread)?

 

it sucks that for every nuance of this law, there is going to have to be at least 1-2 people that goes through hell, to set a precedent.

 

So are you saying that they have no legal obligation to presume innocence?

 

Or are you saying it doesn't matter what the law says?

[Irishgreen]

Well......I wasn't going to go into all this but..................

 

I had a very nice experience, where actually the local leo DID do their job respectfully, and fully.

 

I came home from work yesterday to find we had been broken into while at work. I called the police and told them I was a patient and my MM was stolen.

 

They came out, and took finger prints, pictures, gave us advice on how to improve security for our special "situation" here.

 

He kept telling us we were the victim here not the perp.

 

They made an awful, sickening, scary, situation better, when it could have been so much worse.

 

BTW~~ This won't happen again. We have made SURE of that.

[Ms Chocolate]

Act 328 of 1931 Statute THE MICHIGAN PENAL CODE (750.1 - 750.568)

***** 750.81e.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 19, 2010 ***** ***** 750.324 THIS SECTION IS REPEALED BY ACT 463 OF 2008 EFFECTIVE OCTOBER 31, 2010 *****

[ozzrokk]

Well......I wasn't going to go into all this but..................

 

I had a very nice experience, where actually the local leo DID do their job respectfully, and fully.

 

I came home from work yesterday to find we had been broken into while at work. I called the police and told them I was a patient and my MM was stolen.

 

They came out, and took finger prints, pictures, gave us advice on how to improve security for our special "situation" here.

 

He kept telling us we were the victim here not the perp.

 

They made an awful, sickening, scary, situation better, when it could have been so much worse.

 

BTW~~ This won't happen again. We have made SURE of that.

 

Sorry to hear that happened to you. Yea you gotta secure it up and make it so if they do try again they will wish they didnt.

[peanutbutter]

Act 328 of 1931 Statute THE MICHIGAN PENAL CODE (750.1 - 750.568)

***** 750.81e.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 19, 2010 ***** ***** 750.324 THIS SECTION IS REPEALED BY ACT 463 OF 2008 EFFECTIVE OCTOBER 31, 2010 *****

 

***** 750.81e.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 19, 2010 *****

 

 

750.81e.added Assault or battery of employee or contractor of public utility; violation as misdemeanor or felony; penalty; other violations; definitions.

 

Sec. 81e.

 

(1) Except as otherwise provided in this section, a person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

 

(2) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual bodily injury requiring medical attention or medical care is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

 

(3) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.

 

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.

 

(5) As used in this section:

 

(a) "Public utility" means a utility that provides steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether privately, municipally, or cooperatively owned.

 

(b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

 

 

Nothing about plants in that section.

 

***** 750.324 THIS SECTION IS REPEALED BY ACT 463 OF 2008 EFFECTIVE OCTOBER 31, 2010 *****

 

 

750.324 Negligent homicide; penalty.

 

Sec. 324.

 

Any person who, by the operation of any vehicle upon any highway or upon any other property, public or private, at an immoderate rate of speed or in a careless, reckless or negligent manner, but not wilfully or wantonly, shall cause the death of another, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years or by a fine of not more than $2,000.00, or by both such fine and imprisonment.

 

Nothing about plants there either.