Probation And Mmm

[skunk86]

Can i still use while on prob?

[svandyke09]

What city? I'm currently in the same boat here in kzoo. They would NOT except my paperwork. I now I have my card, and they just violated me for using my meds. I'm going in to see my PO today and show them my newly recieved card. Hopefully this will make everything okay, but if not, court time!

[KathywithaK]

I got busted on 2/2/2010 for 1 joint I wasn't arrested given a ticket or anything I was in the process of seeing my family doctor to get the records i need to get my MMM recome. I just got my recommendation then i receive a a letter saying i am being charged with P.o.m I have a appointment on the 1st where they are going to offer me the 7411 I already called the prosecuters office and asked how will this affect my probation if i accept the 7411 she told me i will be exempt from drops and drugs classes with the Dr's recommendation if i plead guitly to the pom Should I take it and could she be lying to me ?please help And i really dont have money for a lawyer either

ive heard from others this is true.if you have card you are exempt.good luck

[welj31]

If on probation you will need to file a motion to modify your terms of probation.

[Guest Wayne]

Terms of probation must be in writing so just check carefully before agreeing. Otherwise not the worst deal you could get and no expensive attorney fees. Friend of mine got such a deal on manufacturing charges here in Tuscola County. Retained his MM rights and driver's license. Good luck.

[+Jennifer8]

If on probation you will need to file a motion to modify your terms of probation.

Hypothetically speaking, if there were no other factors outside of this scenario, why would a judge or court not recognize it? Is it just that some people don't do that "after the fact" or does it work assuming there are no other additional factors?

 

With regards to this part of the MMM ActL

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.

********************************

 

The part in the above paragraph says that

Most offenders' supervision is subject to an "obey all laws" condition.....Since marihuana possession and use is illegal under federal law (not state laws), supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card.

 

If one is dealing with matters in state courts, not federal courts, and assuming a person is, otherwise, obeying laws of using their authorized medication, that seems to be "obeying all [state] laws, doesn't it?

[welj31]

Yep been deep in this before with a friend. There is the "LAW" and then there is what goes on in our courts. If you need a blank motion for this email me. John

[welj31]

Hypothetically speaking, if there were no other factors outside of this scenario, why would a judge or court not recognize it? Is it just that some people don't do that "after the fact" or does it work assuming there are no other additional factors?

 

With regards to this part of the MMM ActL

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.

********************************

 

The part in the above paragraph says that

Most offenders' supervision is subject to an "obey all laws" condition.....Since marihuana possession and use is illegal under federal law (not state laws), supervisory authorities can sanction an offender for possessing marihuana, even if he or she has an MMMP card.

 

If one is dealing with matters in state courts, not federal courts, and assuming a person is, otherwise, obeying laws of using their authorized medication, that seems to be "obeying all [state] laws, doesn't it?

I have seen the motion work on several cases (some were DUI). It will really depent on the judge , PA, and your lawyer.

[skunk86]

Ok im not on probation(never have been in trouble before) I havent signed ANYTHING or talked to anyone I will have to on the 1st and if they dont accept my paperwork Im not taking the deal and i will have to spend the last of my saving to hire a lawyer

 

 

Please wish me luck

[skunk86]

What city? I'm currently in the same boat here in kzoo. They would NOT except my paperwork. I now I have my card, and they just violated me for using my meds. I'm going in to see my PO today and show them my newly recieved card. Hopefully this will make everything okay, but if not, court time!

 

lansing ingham county

[vial]

i had a judge tell me if i got my med cared he would take me off probation shame i didnt get my card untell i was off probation lol

[jmorrison71]

GET AN ATTORNEY!!!! Even if you can't afford to retain an attorney, a court appointed attorney can help advocate for you in court and represent you with the court and prosecutor. 7411 just means that the case will become "non-public" upon successfully completing all of the courts (probation terms) requirements. It also means that you avoid license sanctions on your drivers license because the case is deferred under 7411 status.

 

Keep in mind that non-public status just means that the case information is not accessable to people in the public. It could still come up on some employment background checks (depending on the job) and is accessable by LEO, courts, MDOC, etc.

 

You also can't have any prior drug related convictions in order to be eligable for 7411 status. No prior possession charges, paraphernalia charges, etc.

 

You can always ask the judge on your first court date for an adjournment to allow you more time to consult with an attorney and/or hire an attorney. Keep that in mind.

[skunk86]

GET AN ATTORNEY!!!! Even if you can't afford to retain an attorney, a court appointed attorney can help advocate for you in court and represent you with the court and prosecutor. 7411 just means that the case will become "non-public" upon successfully completing all of the courts (probation terms) requirements. It also means that you avoid license sanctions on your drivers license because the case is deferred under 7411 status.

 

Keep in mind that non-public status just means that the case information is not accessable to people in the public. It could still come up on some employment background checks (depending on the job) and is accessable by LEO, courts, MDOC, etc.

 

You also can't have any prior drug related convictions in order to be eligable for 7411 status. No prior possession charges, paraphernalia charges, etc.

 

You can always ask the judge on your first court date for an adjournment to allow you more time to consult with an attorney and/or hire an attorney. Keep that in mind.

 

 

 

i dont have a courtdate and appointment date with the prosecutors diversion program leader IDK whats gonna happen

[jmorrison71]

i dont have a courtdate and appointment date with the prosecutors diversion program leader IDK whats gonna happen

 

 

You will still have a court date since this sounds like a pretrial conference to discuss the option of you pleading guilty to the charge in order to receive a deferred sentence under 7411 probation status.

 

As I posted before you need to get a hold of an attorney.

[skunk86]

Just to let every1 the ingham county prosectuor is accepting my paper work with my cashed check I will be on probation With NO DROPS OR DRUG CLASSES THE SYSTEM DOES WORK GODDDDDD BLESS THE USAAAAAAAAAAAA!!!!!!!!!!!!

[the green leaf farmacy]

Just to let every1 the ingham county prosectuor is accepting my paper work with my cashed check I will be on probation With NO DROPS OR DRUG CLASSES THE SYSTEM DOES WORK GODDDDDD BLESS THE USAAAAAAAAAAAA!!!!!!!!!!!!

[DLD420]

It,s all about the bucks. Your case should have been dismissed with no charges after you showed your Dr.s signed paperwork and the proof of payment. The Lady who wrote the law said the law was supposed to work on such a case because it is a "pending court case". Once again the prosecutor gets a conviction and the Courts get about a grand in fines and courts fees etc, at least it was about that much in my case. I couldn't afford another 7k to fight in appeals court.

[skunk86]

It,s all about the bucks. Your case should have been dismissed with no charges after you showed your Dr.s signed paperwork and the proof of payment. The Lady who wrote the law said the law was supposed to work on such a case because it is a "pending court case". Once again the prosecutor gets a conviction and the Courts get about a grand in fines and courts fees etc, at least it was about that much in my case. I couldn't afford another 7k to fight in appeals court.

 

 

 

my fines are only 250(payed over 6 mons)reasonable in my opinion one visit a month to my caseworker and gotta get my ged and get a job ( i was told being a caregiver with work just fine) and i did break the law I had no medical anything when i got busted. But now i have my recommendation they are respecting it im happy

[the green leaf farmacy]

my fines are only 250(payed over 6 mons)reasonable in my opinion one visit a month to my caseworker and gotta get my ged and get a job ( i was told being a caregiver with work just fine) and i did break the law I had no medical anything when i got busted. But now i have my recommendation they are respecting it im happy

ingham co seems to be mm frendley thats the problem depends what co you live in

[K B]

I have talked to nurses and doctors about this and they have told me that, so long as your PO is ok with you getting your card it is just like anything else, vicodin, xanax, ect. In your case you got caught and then recived your card, from my point of veiw and things I've heard from the medical community you shouldn't be charged at all since you were able to get your card. I know of growers who got busted growing said it was for medical purposes, was granted time to get a card, got it and the charges were dropped. this should happen for you and you should talk to a lawyer beacause you shouldnt have to plea guilty for somthing you were leagaly allowed to do. If you plea guilty thats just yo stating that you were not allowed to have the joint for any purpose. You should be exempt from this charge altogether, I'm sure the prosecuter is just try'n to get the money and make an example out of you. I for 1 would fight this and make it public! pull the press into it, If the prosecuter hates anything its bad press coverage, make her look bad in the eyes of the med. community..

 

I just had my medical garden tken from me as well, tho it was outdoors. It was on private property I will be fighting to change these laws...If want michigan to be like cali, and be able to grow like cali, then we need law reform!

[skunk86]

for one i dont have money for a lawyer trying to get my "OP" going two i really dont want to cause a stir I like being low profile i might look into it though

 

 

And i mean i did break the law cause i didnt have my card idk man 1st time in trouble im just learning as i go but i will definitely look into it