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Good News From The Court

welj31

By welj31
in Michigan Legislature

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420Atheist Advanced Member

+420Atheist

Posted
Posted

Very good news. There is something I had not considered before that this brings up. The not to exceed section is connected by the word "and." From my reading of his ruling you would have to be over 2.5 oz, 12 plants, and possess seeds, stems, and stalks. The PA would have to show all three exist. What this judge is saying is if you had 49 plants but only one zip of processed marijuana you would not be in violation. Do I read that correctly?

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washtenaut Advanced Member

+washtenaut

Posted
Posted

While I am glad this case seems to be going well for the defendant, the ruling sounds a little irrational to me. I don't think anyone ever intended a person needed to violate 1, 2, and 3 in order to be prosecuted. Actually I'm all for no one ever being prosecuted, but this smells a little fishy to me.

I don't know anything about the legal process so this thought process could be wrong but might this be some attempt to force some highr court interpretation sooner rather than later? Or, might this be some way to force the MMJ law to be rewritten?

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420Atheist Advanced Member

+420Atheist

Posted
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While I am glad this case seems to be going well for the defendant, the ruling sounds a little irrational to me. I don't think anyone ever intended a person needed to violate 1, 2, and 3 in order to be prosecuted. Actually I'm all for no one ever being prosecuted, but this smells a little fishy to me.

I don't know anything about the legal process so this thought process could be wrong but might this be some attempt to force some highr court interpretation sooner rather than later? Or, might this be some way to force the MMJ law to be rewritten?

 

I don't think so. He seems to be doing his job correctly. Applying a plain language reading to the law. Though our opponents will probably add that as a reason to rewrite.

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trix Advanced Member

trix

Posted
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well, sounds like the jury was like ahhhhh wtf how can we tell u cause its a hot mess. look at it....

 

 

Which is cool cause thats what we all see as well a bunch sticks that smell good. but does nothing to help our need unless the stuff is dry, and then and only then is it usable and no one can say how much dry weight is until its dry....

RIGHT?

 

Trix

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thanks2 Advanced Member

thanks2

Posted
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I guess I am in a negative mood today, but is not a concern that they are allowed to process the plants? Could they not cut all 12 plants, process it to include leaf, weigh it at 12 lbs, and present that as evidence? That would make all growers illegal.

 

The "and" decision is great, but unexpected.

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trix Advanced Member

trix

Posted
Posted

I'm wondering if the stems and seeds are not usable and the bud isn't dry, does that basically make It essentially a worthless house plant?

 

if so would I be committing felony for possessing plants?

 

This would be a felony for a non mm patient, cause in all stages the plant would be usable.

but not for a valid card holder... or am I reaching to far cause I'm looking for any plausible scenario

 

Trix

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ratfinkneighbor Newbie

ratfinkneighbor

Posted
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I guess I am in a negative mood today, but is not a concern that they are allowed to process the plants? Could they not cut all 12 plants, process it to include leaf, weigh it at 12 lbs, and present that as evidence? That would make all growers illegal.

 

The "and" decision is great, but unexpected.

I totally agree with your opinion. Dried and usable are both issues. The question becomes how do you decide how dry is dry enough? I suppose you could use the most commonly accepted method and force the prosecutor to hang dry it for a week. Or maybe you test its moisture content.

 

But then trimming is also a big issue. Some people trim close and some don't. Do you force the prosecutor to trim out ALL of the leaves and only leave bud? If it were me that is what I would argue. Get out your little nose-hair scissors and trim the bud ultra close. AND remove ALL of the stems. Arduous work.

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bobandtorey Advanced Member

bobandtorey

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Posted

I guess I am in a negative mood today, but is not a concern that they are allowed to process the plants? Could they not cut all 12 plants, process it to include leaf, weigh it at 12 lbs, and present that as evidence? That would make all growers illegal.

 

The "and" decision is great, but unexpected.

 

 

i understand how you feel i feel that way sometimes too i went back and raid it again and your right it ant over

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Medcare Advanced Member

Medcare

Posted
Posted

I guess I am in a negative mood today, but is not a concern that they are allowed to process the plants? Could they not cut all 12 plants, process it to include leaf, weigh it at 12 lbs, and present that as evidence? That would make all growers illegal.

 

The "and" decision is great, but unexpected.

 

If the PA were to use this argument couldn't you call 3 cg onto the stand and say this is how I cure the meds, and this is how I cure my meds, and the third would say this is how I cure my meds. Then the defense could say, This is not cured therefore it is not usable and because it was still in grow form when leo took it, it was not usable? Just asking

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ozzrokk Advanced Member

ozzrokk

Posted
Posted

Very good news indeed. The only issue I have is when the judge talks about how the PA had

an oppurtunity to PROCESS the cannabis into a usable form and present it to the court

as usable amount. If they just mean cut out the unusable and present the rest that I understand

If they meant that they could have hung it and dried it and cured it etc. Then I disagree

cause the question would be was it USABLE at the Time the state took it.

But it is great that judges are looking at things the right way for a change.

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satdude84 Advanced Member

satdude84

Posted
Posted

Something I'd like to add...

All the Plant Material they brought into that court room they either took out of my garbage or took from drying lines. Obviously at the time the stuff drying wasn't usable, but no one seems to recognize that, they took it while it was drying, finished drying it improperly then presented it as weight including seeds stalks and roots. They had two bags of plant materials, the heaviest was the one which had the stuff they took out of my garbage, as I looked in the bottom of the bag I viewed at least one large root ball with Hydroton weaved throughout, not to mention nothing in the bag was usable, there were some small buds but the plant in the bag was thrown away because it died in the beggining stages of flowering due to a ballast malfunction. The second bag, the lighter of the two, had the stuff that was hanging and still wet at the time they took it.

The prosecution offered to take the material to the Oakland County Crime lab and "grind" it up, the judge was less than impressed they hadn't already considering my attorney Michael Komorn had consistently been making motions, objections, and statements about it not being usable material. The prosecutor did offer us to be present but the judge made clear they had enough time to do this. Obviously had we actually done this the crime lab would've had to use all their resources to get it done timely because they would have needed to remove ALL seeds stalks and roots, under our supervision, either way this would've been a waste of time because inevitably we would've then argued non of this was usable at the time it was taken.

There wasn't any usable Marijuana at my grow room, yes there were an amount of Clones which if counted as plants would have put me over my 24, cause remember I did have 1 patient, they kept stating I could only have 12, because I never informed them I had a patient, well no shiit I didn't tell them, after they raped my civil rights and my rights under the MMMA I got an attorney and didn't say a word to them, let alone to violate my patients right to privacy.

This entire case was just screwed up, The police and prosecutors were proceeding as if it were a narcotics case, not a medical marijuana case. They made plenty of offers to try to get me to plead out, I blatantly denied all because I KNOW I wasn't doing wrong, and knew a jury would see this, then after the dismissal, remember this was only after the prosecution rested their case, we hadn't even presented our case yet, I had more than one juror shake my hand and tell me they didn't agree with the prosecution.

I would definitely like to give props to my attorney MICHAEL KOMORN, although I've read some things on this site stating differently, I have to disagree, He definitely did the best any attorney could under the circumstances, being that no one besides the defense, US, had read the MMMA until after the first day of trial. The only reason most of our motions and objections weren't approved was due to no one actually reading and understanding the law, after certain people did read the act/law things became more favorable for us. I hope this trend of people starting to read the law in it's plain writing continues so more patients don't have to go through this type of harassment and unjust prosecution.

THANK YOU ATTY MICHAEL KOMORN, AND GOOD LUCK IN ALL OUR AND YOUR FUTURE CASES... :)

YES THAT'S RIGHT, IT'S NOT OVER FOR ME EITHER, THERE ARE STILL CASES IN OAKLAND COUNTY ALL STARTED OFF THE SAME INCIDENT, THE SHERIFF'S DEPARTMENT AND PROSECUTORS CONTINUES TO HARASS AND PERSECUTE INNOCENT MEDICAL MARIHUANA PATIENTS AND CAREGIVERS.

Chason_Pointer_10-26419-FH.pdf

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