Caregiver Growing?

[pic book]

I'm currently in court right now for my CG, growing in my home.

I will tell you that they arrested me for this, saying that this against the law.

I will tell you on Jan. 11th around 2pm, if it is legal for you CG to grow in your home where you reside.

http://michiganmedicalmarijuana.org/topic/20934-help-leo-stole-everything/page__p__183284#entry183284

 

Trix

AND IN DETROIT YET? IS THERE NO GOD? The land of the free and the burned out?

[tooldini]

That makes sense digital thanks

[trix]

Michael Komorn, on 26 November 2010 - 04:40 AM, said:

 

It sounds to me like you are going to have to litigate the case. That means when the persecutor says no to any deals or resolving the case without a jury trial, you are going to have to put on the gloves. If you are in compliance according to section 4, there should never have been an arrest. The caregiver who who was possessing the plants, while they were stored in a locked contained room, was not committing a crime, nor where you.

Lawyercaregiver:

Posted 26 November 2010 - 12:00 PM

 

IMHO (not legal advice etc) this is NOT correct. The patient may NOT have access to the locked enclosed facility if he has a caregiver. Unless it says on your card "Authorized to possess plant...Yes" then you are screwed under section 4 because you are NOT authorized to possess plants.

 

I suppose you can argue that your were not technically in possession because your CG was leasing your room and you were only authorized to enter the room in case of an emergency but I sense a summary disposition on that issue (that means you lose completely and don't get to argue that to the jury).

 

Southern cross:

Posted 26 November 2010 - 04:30 PM

If you designate your caregiver to possess the plants, but you had a key to the grow room in your home then you were in possession of the plants and it would take a great attorney to prove otherwise. It would be hard to make Section 4 protections apply in your case IMHO.

 

You seem to meet all of the elements of a Section 8 Affirmative Defense and any decent lawyer should be able to get the charges dismissed at an evidentiary hearing. Then the other charge would go away.

 

Basically all you need is

• 1. a physicians recommendation for you to use cannabis as medicine

• 2. not have more plants than are necessary to treat your condition (some courts [not Oakland County] recognize the 12 plant limit of Section 4)

• 3. you weren't doing anything other than "medical use" of the cannabis.

-------------------------

Michigan Medical Marihuana Act

 

Section 8. Affirmative Defense and Dismissal for Medical Marihuana.

 

(a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

 

http://michiganmedic...__1#entry235502

 

These are quote's from a post I started similar to yours, there are a few lawyer's definition's along with their thoughts.

I'm guessing that you will do as you feel is right for you to do, but I will say that LEO doesn't care what you think!!!

good luck , and please keep this grow op between you and your CG, I would hate to here of someone else being dragged through court and losing everything

 

Trix

[jordan10]

so thats all we need to do?should he keep all his patient info in a folder on the door? Would his caregiver address have to be at my house or could he us a PO box? Thats what I plan on doing for my patients using a PO box

His paperwork along with yours should be posted on the grow room, also.

[foxman711]

Both YOU and the CG can have access to the plants, not anyone else.

 

The regulations say "A" caregiver, not "THE" caregiver.