Dismissal Sought In Marijuana Case

[DenturesLost]

LOL .. when short of ammo target the messenger instead of the message.

 

You were talking about the rules of evidence within a evidentiary hearing. The burden of proof is less in a defense. While presenting a defense the burden in on the PA. There the PA is required to beyond a reasonable doubt. There seemed to be a suggestion that the defense is the only pathway to present the AD. That is clearly a item yet to be determined.

Short of ammo? How do you figure? You've yet to adequately counter anything I've said. I was addressing exactly what you were doing. Not what you "seemed" to be suggesting but what you were actually saying. I don't know how you figure I seemed to be suggesting anything?

 

Why don't we start at square one and deal with this one element at a time. First, tell me what standard of proof the MDCH uses in its "verification" process. Then, tell me how you arrived at that determination.

[Highlander]

This is just silly. Are people really suggesting that the COURTS ought to rely on the procedures of an EXECUTIVE agency, assume that the agency did its job, and automatically accept the results? You guys REALLY want to give the government that much power and toss away the balance of power little by little?

 

The law says MDCH must verify the application, right? So MDCH “verifies” – whatever that means an application and then generates a card. And you say that because the law says that the document will be verified, that because a card is printed, that is sufficient evidence to prove IN COURT that the executive agency did its job properly?

 

The law also says LEO can’t enter your home without a warrant, with “hot pursuit” as an exception. So LEO claims hot pursuit and barges into your home, then the officer returns to his little cubicle and cranks out his little police report, stating that he was in hot pursuit. Fast forward….now you’re standing in court and your attorney is trying to get evidence tossed out based on a warrantless search, but Johnny Law produced his police report, which states that he was in hot pursuit…and now the court will accept the report at face value? After all, the law directed LEO to behave in a certain fashion, so the resulting report MUST be authentic and correct and its mere existence proves its authenticity, accuracy, and completeness?

 

Gimme a break. MDCH and police fall under the same umbrella - you really want the courts to start assuming they do their job right?

[bobandtorey]

Bob, if you dont mind me asking what was your count, weight, and number allowed? If under the legal limit how can they go after you?

 

We both had Rec's and had 21 plants 1.2 oz's i nhad 11 Torey had 10 the plants were 3 to 4 inch high

[bobandtorey]

We both had Rec's and had 21 plants 1.2 oz's i nhad 11 Torey had 10 the plants were 3 to 4 inch high

 

 

[bobandtorey]

when you use the AD part of the Law to the PA you can have 1 plant and have to much i was in court yesterday and was told by a judge that you can not use section 4 with section 8

[brbud]

It's bulletproof

lmao

[Croppled1]

when you use the AD part of the Law to the PA you can have 1 plant and have to much i was in court yesterday and was told by a judge that you can not use section 4 with section 8

 

Keep telling your story Bob most people do not know how absolutely horrendus it would be to let this go and speaking of it must not be just in our Cannabis Community : but taken to the mainstream public and hammered in over and over . If they successfully prosecute you and Torrey there is no AD . My back and neck injury that agrevates the nervous system makes it impossible for me to get out much though I look fine and I am ashamed at times I cant physically get around or mentally keep up with things to support you or others . Even walking or riding in cars effects my nervous system ....any vibration but I think of your terrible situation ( and others ) all the time and pray people will become aware and wake up .

[bobandtorey]

Keep telling your story Bob most people do not know how absolutely horrendous it would be to let this go and speaking of it must not be just in our Cannabis Community : but taken to the mainstream public and hammered in over and over . If they successfully prosecute you and Torrey there is no AD . My back and neck injury that aggravates the nervous system makes it impossible for me to get out much though I look fine and I am ashamed at times I cant physically get around or mentally keep up with things to support you or others . Even walking or riding in cars effects my nervous system ....any vibration but I think of your terrible situation ( and others ) all the time and pray people will become aware and wake up .

 

 

i hope your life improves some and your support is what you do just being here shows that you care about others

Thank you for your support

[ScrogBubbles]

This is a case I have been waiting for. I have wondered, and expressed my curiosity about this in other threads.

 

"But James White, Dagit's attorney, said the statute also states a judge "shall" dismiss charges if he or she finds the quantity of marijuana seized was necessary to medically treat a patient's ailment."

 

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

IMHO

 

The prosecutor has to prove (rebutted by evidence = burden of proof shifts to prosecutor) that the medicine was was not intended for medical use.

 

Im sure most people on these forums can attest to 4-5#, hell, even 11# of marijuana being processed for different forms of ingestion, and results in a substantially lesser quantity.

 

The law could read 2.5 ounces of THC, as that is much more accurate description of the "usable marihuana" product , and is where the intent lies in the defense.

 

Don't you think that the argument of intent for medical use would be out the window once he admitted to selling his overages?

[Kingpinn]

If the courts did their job right my case should have been tossed out at the Dis Court level . Im in Appeals court now > What does that tell you. The System is not our friend right now. May never be our friend but ooooooooo well . Time heals these wounds