Good News From The Court

[stopgo]

Congrats on the ruling! This is good for all or us, keep moving in a positive direction Michigan.

[Phil78]

they said nugatory.

 

nuggets

[Phil78]

on a serious note, though.

 

 

this brings up a question i've had. you have no way of knowing what your plants are going to produce, exactly. you invest several months in your plants to end up with 2.5 ounces, that is supposed to last you until you can harvest again?

 

also, suppose you get raided as your hang your plants to dry. they're going to count your leaves, along with your bud as weight? how are you to know how much a plant is going to produce? the only way to be sure, is to grow less plants, which is going to short you (again, lasting till the next harvest). who is to say what percentage of dryness they take weight at? what if (kind of like satdude) you have a bag of trash leaves just not taken care of, yet? i know everyone says "just label it as trash." that's not going to hold up in court. what's to stop someone from labeling a bag of bud as "trash." you could have an incinerator right behind you, get busted while transferring waste to the incinerator, and they'll stop you and take your trash and weight as evidence.

 

that's the most dangerous time of the day, the period from kill to putting in the freezer. you could be the most legally conscious person. once you cut the plants and hang them to dry, to the point at which after you've weighed and are sure your in your limits.

[CedarSpringsCG]

 

this brings up a question i've had. you have no way of knowing what your plants are going to produce, exactly. you invest several months in your plants to end up with 2.5 ounces, that is supposed to last you until you can harvest again?

 

That was exactly my first thoughts. If I am growing a plant, and it is 12 inches when I start, but turns out to be a monster 6 foot beast, I am not going to stop it halfway though and for quality, I am not going to starve nutrients or light, I am going to finish it off. Now, when I harvest, obviously you can guess at finished weight, but you won't know until it is finished.

 

I would object to allowing the PA to trim and grind up the plants, cured dried or whatever. Because the law says I can have 2.5 oz of dried usable mmj for each patient, well when they took it in this case, it wasn't in a dried/cured usable form. You didn't exceed your limits, the PA would be exceeding your limits.

 

They have no way to show how much you would have kept had you trimmed, dried and cured it. 1/2 to 3/4's of it might have ended up in a burn pile.

 

The grey area is what is usable.

[Wild Bill]

 

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 . . .

You have my admiration for having the courage to stand up for your rights. The law enforcement community relies an people bowing to pressure to take the 'easy' way out and plead to lesser charges. All of us have you and those like you to thank for helping to ensure that patients rights are not trampled by power hungry bureaucrats.

[mizerman]

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

IT was the judge's decision - not the decision of a jury

[satdude84]

That was exactly my first thoughts. If I am growing a plant, and it is 12 inches when I start, but turns out to be a monster 6 foot beast, I am not going to stop it halfway though and for quality, I am not going to starve nutrients or light, I am going to finish it off. Now, when I harvest, obviously you can guess at finished weight, but you won't know until it is finished.

 

I would object to allowing the PA to trim and grind up the plants, cured dried or whatever. Because the law says I can have 2.5 oz of dried usable mmj for each patient, well when they took it in this case, it wasn't in a dried/cured usable form. You didn't exceed your limits, the PA would be exceeding your limits.

 

They have no way to show how much you would have kept had you trimmed, dried and cured it. 1/2 to 3/4's of it might have ended up in a burn pile.

 

The grey area is what is usable.

 

Had the judge allowed the prosecution to process it down there would have still been plenty of objections, like I said in one of my other posts in one of the forums or blogs, one of the things that really urked me was noone seemed to recognize the material wasn't usable at the time they took it, had it not been very good I would've probably used it for hash or cannabutter. I don't care if they processed it down and came up with a pound of the best medical marijuana they'd ever tested, it wasn't usable at the time they took it...

 

You have my admiration for having the courage to stand up for your rights. The law enforcement community relies an people bowing to pressure to take the 'easy' way out and plead to lesser charges. All of us have you and those like you to thank for helping to ensure that patients rights are not trampled by power hungry bureaucrats.

 

I appreciate it, when this is all said and done I'll have plenty to say that I'm bottling up now, maybe I should become a hardcore activist.

What they are doing is truly wrong, anyone with a medical card who was in the right, even if they're outside their quantities, should take it to jury trial, if the judicial system won't recognize the law the people who voted the law in, the jurors will. Not to paint it easier than it is, but it was extremely easy for me to take it to trial and turn down all the offers, only because I'm hard-headed as hell and the minute they placed charges I put myself in the right frame of mind, I told myself I was taking this all the way to jury trials, partially because of the pure hatred I accumulated towards the sheriffs and prosecutors who were persecuting me, they used ridiculous tactics, including threats, lies, and perjury to try to get a conviction. I'm not a perfect person but one thing I can't stand is seeing someone being wronged for no good reason, I've also never been one to be quiet or take anything lying down, fortunately in this situation it served me well... LOL. There have been many situations in life it's done nothing but brought me more trouble... LOL.

 

In the words of the great Bob Marley, whom I named my daughter after: "Stand up for your rights... Don't give up the fight."

[bobandtorey]

Had the judge allowed the prosecution to process it down there would have still been plenty of objections, like I said in one of my other posts in one of the forums or blogs, one of the things that really urked me was none seemed to recognize the material wasn't usable at the time they took it, had it not been very good I would've probably used it for hash or cannabutter. I don't care if they processed it down and came up with a pound of the best medical marijuana they'd ever tested, it wasn't usable at the time they took it...

 

 

 

I appreciate it, when this is all said and done I'll have plenty to say that I'm bottling up now, maybe I should become a hardcore activist.

What they are doing is truly wrong, anyone with a medical card who was in the right, even if they're outside their quantities, should take it to jury trial, if the judicial system won't recognize the law the people who voted the law in, the jurors will. Not to paint it easier than it is, but it was extremely easy for me to take it to trial and turn down all the offers, only because I'm hard-headed as hell and the minute they placed charges I put myself in the right frame of mind, I told myself I was taking this all the way to jury trials, partially because of the pure hatred I accumulated to wards the sheriffs and prosecutors who were persecuting me, they used ridiculous tactics, including threats, lies, and perjury to try to get a conviction. I'm not a perfect person but one thing I can't stand is seeing someone being wronged for no good reason, I've also never been one to be quiet or take anything lying down, fortunately in this situation it served me well... LOL. There have been many situations in life it's done nothing but brought me more trouble... LOL.

 

In the words of the great Bob Marley, whom I named my daughter after: "Stand up for your rights... Don't give up the fight."

 

i am learning a lot of things inn some of these case's and thinks for standing up for your Rights one case is that the guy had a gun even so he had it legally they try and use it against you to scare you up when the PA says 2 years inn jail just for the gun that will scare any one up

i remember Archie's case he took it all the way also but the jury was not allowed to even read the Law in his case

maybe that is what the judge's want for Evey one to take it to trial to fill up the courts to show Lansing that this Law is not working i don't no

[mizerman]

Had the judge allowed the prosecution to process it down there would have still been plenty of objections, like I said in one of my other posts in one of the forums or blogs, one of the things that really urked me was noone seemed to recognize the material wasn't usable at the time they took it, had it not been very good I would've probably used it for hash or cannabutter. I don't care if they processed it down and came up with a pound of the best medical marijuana they'd ever tested, it wasn't usable at the time they took it...

 

 

 

I appreciate it, when this is all said and done I'll have plenty to say that I'm bottling up now, maybe I should become a hardcore activist.

What they are doing is truly wrong, anyone with a medical card who was in the right, even if they're outside their quantities, should take it to jury trial, if the judicial system won't recognize the law the people who voted the law in, the jurors will. Not to paint it easier than it is, but it was extremely easy for me to take it to trial and turn down all the offers, only because I'm hard-headed as hell and the minute they placed charges I put myself in the right frame of mind, I told myself I was taking this all the way to jury trials, partially because of the pure hatred I accumulated towards the sheriffs and prosecutors who were persecuting me, they used ridiculous tactics, including threats, lies, and perjury to try to get a conviction. I'm not a perfect person but one thing I can't stand is seeing someone being wronged for no good reason, I've also never been one to be quiet or take anything lying down, fortunately in this situation it served me well... LOL. There have been many situations in life it's done nothing but brought me more trouble... LOL.

 

In the words of the great Bob Marley, whom I named my daughter after: "Stand up for your rights... Don't give up the fight."

My wife and I both would do the same - take it to a jury trial.

 

I greatly admire your "intestinal fortitude"!!!

 

 

Mizerman

[mizerman]

i am learning a lot of things inn some of these case's and thinks for standing up for your Rights one case is that the guy had a gun even so he had it legally they try and use it against you to scare you up when the PA says 2 years inn jail just for the gun that will scare any one up

i remember Archie's case he took it all the way also but the jury was not allowed to even read the Law in his case

maybe that is what the judge's want for Evey one to take it to trial to fill up the courts to show Lansing that this Law is not working i don't no

Is there an MMJ-friendly person who owns or runs a print shop? Someone who could print up a few thousand copies of our law for us to pass out at all of these court cases?

 

Just my rambling thoughts...

 

 

 

Mizerman

[bobandtorey]

i was at another case inn oakpark today he did not have a card or Doc; Rec; at the time he gor busted he has one now and he is going to trial but in his case the jury cant here that he even has a card and is a MMJ person because he was not at the time of his bust

[mrniceguy8252]

The Komorn's are the best, that is really cool to see. I hope mine rolls that way

[bobandtorey]

The Komorn's are the best, that is really cool to see. I hope mine rolls that way

 

 

Hello how it going do you have a court date yet? i have wondered wear you have been keep us posted as for support we are here for you and every one thats inn court

[bobandtorey]

Is there an MMJ-friendly person who owns or runs a print shop? Someone who could print up a few thousand copies of our law for us to pass out at all of these court cases?

 

Just my rambling thoughts...

 

 

 

Mizerman

 

thats a great idea or maybe we could run a full page Ad in all the news paper's for like a week all you would see is the MMMA on the front page

[mrniceguy8252]

Hello how it going do you have a court date yet? i have wondered wear you have been keep us posted as for support we are here for you and every one thats inn court

 

hey bob, just got my notice the other day. the appeals court said come back later??? so the judge said do not mention medical marijuana or that i used it for pain...... jury trial FEB 23rd 9am were gonna get there before the jury..... the court house opens at 8 so we plan to be there about 7:45am to get fired up.... then ill hold my head high till the jury finds me guilty or not.....

[anonymousgrower?]

hey bob, just got my notice the other day. the appeals court said come back later??? so the judge said do not mention medical marijuana or that i used it for pain...... jury trial FEB 23rd 9am were gonna get there before the jury..... the court house opens at 8 so we plan to be there about 7:45am to get fired up.... then ill hold my head high till the jury finds me guilty or not.....

 

Keep us posted closer to the court date I wouldn't mind rallying out front before the jury gets there and then making our faces seen at your trial!

[onthefly]

[satdude84]

i am learning a lot of things inn some of these case's and thinks for standing up for your Rights one case is that the guy had a gun even so he had it legally they try and use it against you to scare you up when the PA says 2 years inn jail just for the gun that will scare any one up

i remember Archie's case he took it all the way also but the jury was not allowed to even read the Law in his case

maybe that is what the judge's want for Evey one to take it to trial to fill up the courts to show Lansing that this Law is not working i don't no

 

Unfortunately I believe that's what the judicial system has become all about, scare tactics, even if you're not guilty, they'll get their money and add a win to their belt buckle...

It's standard jury instruction not to read the law, but for the jury to follow the judge gives them, it's not stated that way usually because that would probably tip the jury off. Usually the judge says, you need to follow the law this court provides you, my judge stated it several times throughout the course of the trial, it's annoying cause all I wanted to do was hand the jurors a copy of the law. It's extremely irritating when you sit and think about it, the judge actually has all the power even when it comes to the jury, the judge decideds what the jury hears, and tells them what to consider in making their judgement, doesn't that kind of void the whole point of a jury?! Luckily not everyone is as short sided as to listen to this, I myself if on a jury would personally first read the actual law, especially when being told not to, then weigh out whether I felt the law was just and fair or not, even though a jury isn't informed of it, they do have the power to nulify. I could only assume their are plenty of people out there like me who wouldn't follow the judges orders just because he's the judge, the most powerfull people in the courtroom in a jury trial are the jurors, that's how I see it anyway...

 

 

My wife and I both would do the same - take it to a jury trial.

 

I greatly admire your "intestinal fortitude"!!!

 

 

Mizerman

 

"intestinal fortitude" - a term from the 40's I believe, meaning courage/guts... I never expected to read that... LOL.

Thanks bro, I hope you and everyone else would and does. I have 2 children, 1 I have full custody of and fully depends on me, so it was hard not to let that get to me, I felt extremely selfish not entertaining a "no jail time offer", the alternative being possible prison, away from my children, unable to provide and protect. I can definitely see where someone would take a plea, especially when motions are tossed around over the course of a year or more and the judge ends up ruling the jury wont be allowed to hear this or that, it definitely doesn't seem fair, almost like you've lost before you've begun... The judge originally ruled in favor of the prosecutor, he wasn't going to allow us our expert witnessess, the only people who were going to be allowed to testify for me were my patient and my dad, on the prosecutions side was 3 or 4 experienced narcotics officers and a forensics expert. After plenty of fight out of my attorney (Michael Komorn) the judge was going to allow our experts, but it ended up being tossed before they could. I really don't know the point I was getting at... LOL.

WE JUST ALL NEED TO STAND STRONG AND STAY STRONG... Numbers are important as well everyone who can make it to these trials needs to, There should be a huge link in red letters on the MMMA home page stating all the trial dates, times, and places so we don't need to hunt down the info individually. Maybe there's a forum like this already but I don't know about it and haven't heard about it so it isn't as advertised as it needs to be, even the most novice and sparing visitor needs to know about it as soon as they hit the site...

 

Is there an MMJ-friendly person who owns or runs a print shop? Someone who could print up a few thousand copies of our law for us to pass out at all of these court cases?

 

Just my rambling thoughts...

 

 

 

Mizerman

 

This is an awesome topic, we need to hit were it counts. The judges and jurors need this law in their hands, I have no clue how we can accomplish this, obviously sending the judge a copy wont get them to read it, and handing the jurors a copy after they're jurors would probably be juror tampering. The only way I could think to get it into the jurors hands would be to hand it to everyone entering the courthouse the morning of a jury trial. The only reason our judge read it was because Michael Komorn handed it to him and asked him to follow along, quite tactfully too I might add, didn't seem condecending at all...

 

 

i was at another case inn oakpark today he did not have a card or Doc; Rec; at the time he gor busted he has one now and he is going to trial but in his case the jury cant here that he even has a card and is a MMJ person because he was not at the time of his bust

 

This is absolutely ridiculous, doesn't section 8 clearly go over this topic?! These kind of rulings by judges are the most depressing and devistating of all. I'm sure their judge didn't read the law either.

 

 

hey bob, just got my notice the other day. the appeals court said come back later??? so the judge said do not mention medical marijuana or that i used it for pain...... jury trial FEB 23rd 9am were gonna get there before the jury..... the court house opens at 8 so we plan to be there about 7:45am to get fired up.... then ill hold my head high till the jury finds me guilty or not.....

 

Personally I'm extremely ballsy, if this happened to me, I would have to get my @ss up on the stand and say it anyway, obviously my attorney would be against it, you could possibly end up in jail for contempt but I don't think I could go through a trial not allowed to state the one thing that would clear me, you shouldn't have to... we definitely need to have a rally outside all the entrances of the courthouse the morning of jury selection and make it clear you're a medical marijuana patient and that isn't allowed to be stated at trial and what a travesty that is...

[Hempcheff]

would the jury be able to ask the judge if a defendant was a patient? if they ask the judge for information as to such in order to make a decision, then the judge cant lie to them, but i think someone in the jury would have to "be aware" of the law and have the cognitive ability to put 2 + 2 together.

 

Chances are good that any MMJ case that goes to jury trial will have at least a few people that are aware.

 

Keep up the good fight! The last thing they want is for any of these cases to see the light of a court room with a jury in it. People are starting to see that, and have become empowered by the efforts of everyone involved, especially those with such a passion for the laws that protect people.

 

[satdude84]

would the jury be able to ask the judge if a defendant was a patient? if they ask the judge for information as to such in order to make a decision, then the judge cant lie to them, but i think someone in the jury would have to "be aware" of the law and have the cognitive ability to put 2 + 2 together.

 

Chances are good that any MMJ case that goes to jury trial will have at least a few people that are aware.

 

Keep up the good fight! The last thing they want is for any of these cases to see the light of a court room with a jury in it. People are starting to see that, and have become empowered by the efforts of everyone involved, especially those with such a passion for the laws that protect people.

 

 

The jury isn't allowed to ask any questions...

That's why we need to make them aware of the situation on their way into the courthouse right before they become a juror... We should have a huge protest outside the courthouse everytime there is going to be a jury trial, hand out the act to everyone entering and an information sheet stating the REAL facts...

[mrniceguy8252]

Keep us posted closer to the court date I wouldn't mind rallying out front before the jury gets there and then making our faces seen at your trial!

 

thank you will post more soon

[GregS]

Awesome news

 

I can just see prosecutors all over the state tending to drying buds prior to trimming LOL

 

...or better yet, rendering it into oil or hash. Lotsa wet ganga is necessary for that.

[David1946]

Huge decision! Thank you Michael K. for your tireless almost super-hero determination to protect us and defend our law.

 

Adversity has the same effect on a man that severe training has on the pugilist: it reduces him to his fighting weight.

- Josh Billings

 

Peace