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Charges Reinstated After Court Finds Marijuana Enclosure Lacking

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welj31 Advanced Member

welj31

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mal·ice

 

1.

desire to inflict injury, harm, or suffering on another, either because of a hostile impulse or out of deep-seated meanness: the malice and spite of a lifelong enemy.

2.

Law . evil intent on the part of a person who commits a wrongful act injurious to others.

 

Origin:

1250–1300; Middle English < Old French < Latin malitia. See mal-, -ice

 

It would appear there was no Malice on Mr. Kings part, however it is clear there is malice against Mr. King by the court. This matter could have been settled much quicker and cheaper if they had only asked Mr. King to make the suggested changes to his grow. It hardly seems to be a good use of funds to make a “federal case” out of what would in other cases be an infraction.

We marched on Lansing before for the same type of malice. Must we put a foot in the collective governments azz’z again?

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Medcare Advanced Member

Medcare

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Absolutely!!!!

 

Compliance with any other state program, where there are rules for being licensed, certified, or card holder, a representative of the state pays a visit, looks around and talks with the licensee, if any infractions are found it is written up and reported, then a follow up visit.

Only then does the fine book come out if at all.

 

The MDCH should operate in a similar "friendly" manner, which embraces the concept of innocent until proven guilty.

 

Where is the justice?

 

That's how I see it too.

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420Atheist Advanced Member

+420Atheist

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One thing is clear now.

 

At a minimum .. it is legal to grow outdoors.

 

This court ruling says that if we anchor the kennel and have a top on it, it is legal.

 

Later rulings will probably find KP's grow to be legal.

 

But until then .. keep a lid on it :)

 

That is what I got out of it PB. I would probably anchor it to concrete anchors and weld any nuts holding it together so they can't easily be removed. It is stupid to have to go through that but for right now that is what I would do if I was going to try an outside grow.

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Dizledot Advanced Member

+Dizledot

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I just received the following information pertaining to the recent decision in regards to medical marijuana. It's more imperative now than ever to keep ourselves informed of these decisions.The Court of Appeals has just issued another decision interpreting the medical marihuana law. The new case reverses an earlier unfavorable circuit court decision and narrowly interprets the marijuana law, explaining that it “merely provides a procedure through which seriously ill individuals using marijuana for its palliative effects can be identified and protected from prosecution under state law.” In addition, even a properly registered patient must meet the strict requirements of the law, including the requirement for a “closed, locked facility,” such as a “closet, room, or other enclosed area equipped with locks or security devices that permit access only by a registered primary caregiver or registered qualifying patient.” According to the Court, it is not sufficient if plants are kept outdoors in an area surrounded by a chain link fence, even if the fence is locked. It is also not sufficient if plants are kept in an indoor unlocked closet, even if the closet is in a building that is locked. You can read the actual court decision and the dissenting opinion at the links below:

 

 

 

Decision: http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20110203_C294682_45_294682.OPN.PDF

 

Dissent:

 

http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20110203_C294682_46_294682D.OPN.PDF

 

The marihuana law will likely be interpreted narrowly in future cases to limit or prohibit activities that are not expressly allowed by the law stated by Michigan Township Attorneys Fahey Schultz Burzych Rhodes PLC:

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bobandtorey Advanced Member

bobandtorey

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even if the closet is in a building that is locked.

i think this may be us we had are plant in a locked bedroom in a closet but the closet did not have a lock

i cant believe it lets see the front door was locked the room was locked thats two locks so that means you go to jail if you don't have 3 locks WTF

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bobandtorey Advanced Member

bobandtorey

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I see that Im being held a political prisoner by the same people that would like to see this MMJ Law stuck down. This isnt about me its about the MMJ LAW in general. To them we are all filthy POTHEADS . Not worthy to breath the same Hippocratic air they breath

 

 

it has never been about us thats for sure you are going to be OK it's just going to take a little longer maybe another year or so their will be many others that wont be as luck as us IMO

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bobandtorey Advanced Member

bobandtorey

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Well kind of tired of fighting this battle now . I think i will just go curl up in the fetal position close my eyes and hope to Haiti's they dont open in the morning. I'm going to quit ingesting marijuana. I'm not going to take vicodens. And i can just die a painful death just like these forces of evil would like :hocky: . This battles taken a toll on me.I need a vacation from this and i don't see it on the horizon

 

i understand this is why i go to all the case's it helps me inn some kind of crazy way i guess last week i went to 3 this week i went 2 times for the same case for some reason it's a way i deal with all the stress

hang inn their KP it will end some day we hope anyway

Peace From The Front

 

 

Bob

 

 

PS am very tired tonight because of 2 days getting up at 6AM so good night i will post more tomorrow

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Michael Komorn Advanced Member

Michael Komorn

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Kingpin,

Hang in there my friend. That decision is so biased and politically driven, it is an embarrassment to the Judiciary. Notice how they sited the Oconnell, concurring opinion to make there case. Let me say that i completely understand the desire to want to roll up in a ball. If you have to do that go ahead. But your case and many of the others in the community are going to be battles of attrition. They key strategy being to stay alive and continue to fight, they can be worn down also. They do have more resources and have used there authority to bring this upon you. It is unbearable, and i wouldn't wish my worse enemy be subjected to the criminal justice system. But you are on the right side of this, and in the end the truth will be all that matters. Please be strong, the community is behind you, and better days soon will be all that you know.

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420Atheist Advanced Member

+420Atheist

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Well kind of tired of fighting this battle now . I think i will just go curl up in the fetal position close my eyes and hope to Haiti's they dont open in the morning. Im going to quit ingesting marijuana. Im not going to take vicodens. And i can just die a painful death just like these forces of evil would like :hocky: . This battles taken a toll on me.I need a vacation from this and i dont see it on the horizon . These forces that would strike our MMJ Law down can be proud of that that they are oppressing another human being from trying to relieve pain from their daily lives

 

Never having gone through what you and Bob and Torey are going through I'm not going to pretend to know what it is like. I can only imagine how it must take it's toll. Take comfort that many people here are behind you. If there is any help I can be don't hesitate to ask. I will do what I can.

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pic book Advanced Member

pic book

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To summarize, and specificize, the decision means there must be a lock on the most direct access door, that door closest (adjacent) to the plants, and a locked remote door being DOES NOT COUNT. Lots of folks need to layout $10 for a Quickset entry knob on that hollow core interior door that today features only a passage knob.

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Royal Smoke Advanced Member

Royal Smoke

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A 6-foot-tall, chain-link fence dog kennel secured by padlock is not an “enclosed, locked facility” under the Michigan medical marijuana act, a divided Michigan Court of Appeals has ruled, reinstating felony drug manufacture charges against a medical marijuana patient in Shiawassee County.

 

The court, in a 2-1 majority opinion released this morning, said Larry Steven King was not entitled to protection under the act (approved by voters in 2008) because the backyard structure where he was growing marijuana was not anchored to the ground or enclosed from above as required by the law. They also ruled that marijuana plants found in a closet in King’s Owosso home were not secured.

 

 

I just want to make sure I'm reading this story right. It was a 6 foot fence, but there was no top. So somebody could have easily climbed the fence?

 

 

If this is the case, I think a warning would have been sufficient......

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