People V Applebee

[Eric L. VanDussen]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[jsburn]

i appreciate the time you take in keeping people informed of these cases. thank you.

[drtarzanmd]

Thanks " Eric L. VanDussen "

 

GREAT INFORMATION

 

THANKS For Sharing .............

[bobandtorey]

other case coming up soon

[Kingdiamond]

BRAVO !

[pipefitterman]

nice read, thnx

[pic book]

An amazing amount of history, detail and close reasoning for what seems to a layman to be a "no brainer." Good thing it's on here--yes,bravo!-- as it may aid some court appointed attorneys in quicker, fuller preparation of a complete defense on an issue that they're not yet immersed in on an everyday basis.

[phaquetoo]

so why are they still trying to prosecute pt.? was there an other reason he was pullled over for? not that it matters as fair as mm is concerned, Im just wondering what made the po po's pull pt. over? and why they would still try and prosecute for mm use? The law is prretty clear, i got off on a charge like this maybe? I did get off on a possesion charge, I got a rec a month after arrest, and app was enough to drop it!

 

 

Peace

FTW

Jim

 

 

[Eric L. VanDussen]

Video of affirmative defense motion to dismiss hearing: http://www.upnorthmedia.org/watchupnorthtv.asp?SDBFid=2538#vid

 

Mr. Applebee is charged with use of marihuana. His attorney, Jesse Williams, argued during this hearing that the charges should be dismissed because his client has a qualifying medical condition, regardless of the fact that he did not possess a medical marihuana registration card at the time of his contact with police. Leelanau County Assistant Prosecutor Douglas J. Donaldson argued against a dismissal because Applebee obtained his medical marihuana certification from what he called a "mill" doctor. Judge Michael Haley declined to dismiss the case. Williams told Judge Haley that he intends to present the Michigan Medical Marihuana Act's affirmative defense to a jury. A trial date has not yet been scheduled.

[peanutbutter]

I keep seeing the same thing over and over again.

 

Doctors are being outed by the defendant. This opens the door for the PA to provide evidence to the court. To rebut the presumption that the defendant was involved in proper marijuana consumption.

 

Without the doctor, the PA can not make a case to justify being before a judge. The case is not subject to prosecution.

[bobandtorey]

Thank you Eric

[peanutbutter]

These cases, where the doctor has been outed by the defense, provide motive for the doctors of Michigan to stop writing letters for patients.

 

That is one major target of our opponents. If they can get the doctors to stop writing letters then no one in Michigan can be a mmj patient.

[peanutbutter]

Under federal regulations, the doctor is not allowed to proscribe marijuana.

 

They can not establish a schedule and amount of consumption. That would be proscribing.

 

They CAN state that marijuana COULD have a benefit for the patient.

[Eric L. VanDussen]

[peanutbutter]

CASE DISMISSED!!

[bobandtorey]

CASE DISMISSED!!

 

 

and it was a INTERNET Doc so this is very good news

[old-hobo]

i have that same piece of paper, got mine on april fools day this year

[peanutbutter]

i have that same piece of paper, got mine on april fools day this year

 

Each case that gets dismissed makes it a little safer for the rest of us.