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What Is Important About Bob And Toreys Case


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In March of 2009, Bob and Torey had their home raided.

 

The police found 21 seedlings growing in a bedroom closet.

 

Both were patients. Both had their letters from their doctor.

 

Neither had their state issued ID card. The state had not yet begun to accept applications.

 

The law went into effect on 12/4/2008. The MDCH didn't begin to accept applications until 4/6/2009.

 

Bob and Tori got raided in March of 2009.

 

That's some of the background. This raid took place at a time when it was impossible for them to have their ID cards.

 

Here's what is so greatly important about their case:

 

Does a patient (or caregiver) need to have their ID card to legally have marijuana.

 

There have been local courts and police that insist that someone MUST have their ID card first.

 

There have been many more that have let folks go based on what the law plainly says in the AD section of the law.

 

In fact, Bob and Torey's judge dismissed their case based on that exact thing. Then the PA filed an appeal.

 

This case is extremely clean. There is no small details like one plant over our in public or anything else.

 

Pure and simple question "Does a patient need an ID card at the time of arrest?"

 

Their case will seal in the affirmative defense in Michigan forever.

 

Archie Keil was denied the affirmative defense because one of their patient didn't have their ID card yet.

 

The Oakland County folks are being put through the ringer because they claim everyone MUST have their ID card. They are ignoring even the twenty day element of the law. The Oakland county PA insists that the patient must have the plastic card itself.

 

This case with Bob and Torey will have an impact on hundreds, if not thousands of other cases. Including those arrested in Oakland County.

 

The progression of their case has the next stop in the Michigan Supreme court. Their case is running neck and neck with Keith Cambell's case. With Keith's case the situation is complicated by the fact that the "crime" took place even before the law went into effect.

 

The Supreme Court could decide not to visit either of the cases. Of the two the Bob and Tori case is much more likely to be accepted for review.

 

Both sides of the BT case want the case in the Supreme Court. In fact the want it there ASAP. It will be the first "test case" to hit that court. It will decide, for every new patient, how long does someone have to wait before it is legal to take their doctors prescribed medicine.

 

When someone is sick they need their medicine as quickly as possible. And no one should go to jail for following their doctors written recommendation. That is what the voters said "yes" to when presented with the ballot in 2008:

 

"Shall both registered and unregistered patients and caregivers be allowed to use medical purpose as a defense in marijuana cases?"

 

We the people answered yes.

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In March of 2009, Bob and Torey had their home raided.

 

The police found 21 seedlings growing in a bedroom closet.

 

Both were patients. Both had their letters from their doctor.

 

Neither had their state issued ID card. The state had not yet begun to accept applications.

 

The law went into effect on 12/4/2008. The MDCH didn't begin to accept applications until 4/6/2009.

 

Bob and Tori got raided in March of 2009.

 

That's some of the background. This raid took place at a time when it was impossible for them to have their ID cards.

 

Here's what is so greatly important about their case:

 

Does a patient (or caregiver) need to have their ID card to legally have marijuana.

 

There have been local courts and police that insist that someone MUST have their ID card first.

 

There have been many more that have let folks go based on what the law plainly says in the AD section of the law.

 

In fact, Bob and Torey's judge dismissed their case based on that exact thing. Then the PA filed an appeal.

 

This case is extremely clean. There is no small details like one plant over our in public or anything else.

 

Pure and simple question "Does a patient need an ID card at the time of arrest?"

 

Their case will seal in the affirmative defense in Michigan forever.

 

Archie Keil was denied the affirmative defense because one of their patient didn't have their ID card yet.

 

The Oakland County folks are being put through the ringer because they claim everyone MUST have their ID card. They are ignoring even the twenty day element of the law. The Oakland county PA insists that the patient must have the plastic card itself.

 

This case with Bob and Torey will have an impact on hundreds, if not thousands of other cases. Including those arrested in Oakland County.

 

The progression of their case has the next stop in the Michigan Supreme court. Their case is running neck and neck with Keith Cambell's case. With Keith's case the situation is complicated by the fact that the "crime" took place even before the law went into effect.

 

The Supreme Court could decide not to visit either of the cases. Of the two the Bob and Tori case is much more likely to be accepted for review.

 

Both sides of the BT case want the case in the Supreme Court. In fact the want it there ASAP. It will be the first "test case" to hit that court. It will decide, for every new patient, how long does someone have to wait before it is legal to take their doctors prescribed medicine.

 

When someone is sick they need their medicine as quickly as possible. And no one should go to jail for following their doctors written recommendation. That is what the voters said "yes" to when presented with the ballot in 2008:

 

"Shall both registered and unregistered patients and caregivers be allowed to use medical purpose as a defense in marijuana cases?"

 

We the people answered yes.

Very well said peanutbutter.

 

I'm proud to call you a friend.

 

See you on Wednesday!

 

 

Mizerman :goodjob:

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Thanks PB for catching some of us late comers up on this case. Yes this is just the case that is needed to settle the paperwork question once and for all. One would think even the PA would not be so stupid that he could not see the outcome. The law is clear. And only an idiot of a PA could argue that the people who passed the law intended for people to suffer for 4 months before they could get access to medicine.

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Yes simple.

 

The key question for everyone is "Does the law require a patient to have a ID card?"

 

The question has a direct impact on every new patient in the state.

 

 

Since there were no cards for them to obtain at that point, it truly is not their fault they didn't have one.

 

Due to this they have had to go through the court system.

 

If you choose NOT to register, you are protected by AD.

 

BUT, like Bob and Torey............you will be going through the courts to prove you are innocent.

 

It will not be ASSUMED. The assumption of innocence comes with your card. (or after your paperwork is 20 days old per the law)

 

 

So, you could be raided. Put your family, friends, animals, through hell. Spend time in Jail. And, have to pay attorney fees.

 

To go to court to be found not guilty.

 

AD is not a magical get out of jail free card. That is what your registration card is supposed to be.

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