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Dea Strikes Again


Croppled1

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You are almost done creating a film and you haven't read the actual law?

 

 

© "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient.

 

(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

 

(1) is in possession of a registry identification card; and

 

(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.

Check out this scenario:

caregiver A is allowed 24 plants

caregiver B is allowed 24 plants

 

caregiver A and caregiver B share a flowering room with a total of 36 plants. Caregiver A is not home and Caregiver B is in the flower room taking care of his plants. At that moment in time, Caregiver B is in possession of 36 marijuana plants and only allowed to possess 24. It doesn't matter who "owns" the plant, it is more of a matter of possession; this is how the courts are going to read it.

 

Now if we add a caregiver C and caregiver D, things can get complicated.

 

So if you want to stay out of the court system, I would avoid possessing more plants than allowed.

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Before, my CG and I began our grow.. we read the law it states over 99 plants is Federal Territory, I truly feel bad for these guys as I do for anyone in the system currently. Not like you can call the cops and ask hey is this legal? we know where that would get you, they should have been more careful and not pushed it (IMO).

 

I don't quite understand why they would do it all in one spot?

 

I have seen the cost involved with growing MM,why not just buy several steel sheds the large ones.. and have each 72 plants grown safely without pushing it? I mean I worked for a company that sold those and for the operation your trying to undertake whats 2000 bucks, vs 20yrs..

 

Sucks for them really does especially if they were Legal, and followed the state mandated laws,

 

"watch out Michiganders they are going after the low hanging fruit first!"

 

200 plants is like hanging a watermelon from a tree branch, legal or not LEO hate this law why give them more reason to get their hands on it to regulate it..

 

Trix

 

Edit: correct me if I'm wrong but, I believe just last night I read even in Cali 160 plant limit is all you can have on such and such amount of acres of land

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Not one dmm poster has noticed this:

 

It is also Baldori’s understanding that other caregivers were using the house as a growing site.

 

So .. two got caught with caregivers grow siteS in the same building. Other caregivers were using the facility also.

 

Do we wish these two to tell the DEA who the others were?

 

74 times 3 is 222

74 times 4 is 296

 

Why does everyone here assume they were illegal?????

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Where does it state in the law that two CG's can't have plants in the same grow room? It just states that the room needs to be locked and what plant count per patient/CG. There is nothing that states that 3 CG's can't get together in a enclosed locked facility and grow for their patients. This law was made to bring down the number of arrests and if you have noticed the number of arrests has gone up. We need to show up in numbers at protests and let our elected officials know. I have been to too many events with hardly anybody there. This doesn't help the movement and yes common sense is always a good thing to have.

 

 

 

MY POINT EXACTLY-well said

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Forget that 100 plant thing!

 

We're talking about federal law now. As far as the feds go, one single plant makes a person a criminal.

 

So as far as legal vs illegal .. WE ARE ALL FEDERAL CRIMINALS. With one single joint or one single plant. We are all criminals.

 

As far as state law goes, there is little to show that these people were in violation of Michigan law.

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Peanutbutter, did you ignore my post? Any one caregiver is ILLEGALLY in POSSESSION of too many plants if there is a multi caregiver operation where total plant count exceeds that caregivers allowed amount. If there is 4 caregivers and 200 plants, then the math plays out to make it seem like they are legal but in law, they are in possession of way too many plants.

 

I highly advice against multi caregiver grow ops if you want to stay free and clear.

All marijuana is illegal federally.

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Forget that 100 plant thing!

 

We're talking about federal law now. As far as the feds go, one single plant makes a person a criminal.

 

So as far as legal vs illegal .. WE ARE ALL FEDERAL CRIMINALS. With one single joint or one single plant. We are all criminals.

 

As far as state law goes, there is little to show that these people were in violation of Michigan law.

 

 

Good points fellow Citizen for others here is some guidance .

 

They hate it but write the Federal Senate and Congressional Judiary commitee members .Sen. Harry Reid was trying to pass a law that congress couldn't overturn this judicial tactic and litterly crying that all the complaints were tieing up his time . Stay on them until they pass HR3939 HR 2835 . Individual Mailed letters really enhance the forms done online sponsored by groups - if you can mail a few . They all add up most Americans can see where not being able to introduce all the facts or truth in court is morally bancrupt and wrong .

 

Rep. John Conyers, Jr.

2426 Rayburn H.O.B.

Washington, DC 20515

 

 

 

Dear Honerable Representative of Michigan .

 

 

 

It has come to my attention that you control wether HR 3939 truth in trials legislation is to be granted a commitee hearing . I therefore am requesting that the Committee on the Judiciary hold a hearing to consider adopting the "Truth in Trials Act" (H.R. 3939). Michigan voters have spoken on the issue and with 25% of the population now living in States which provide for some form of legal Medical Cannabis ; now more then ever it is imperitive that some action be taken to further protect these infirmed Citizens at the Federal Level .

 

The non admission of all the facts in a court hearing is absolutely a afront to freedom . I feel it is your duty to protect the Citizens of Michigan and the Nation from undue harm and suffering . Especially the weak and infirmed . It is your duty to bring Citizens together in harmony to make this Nation greater not seperate them by their personal beliefs . It is time for the Federal Goverment to step up and be inclusive .

 

I assure you miracles in health are happening due to this reversion back to sanity coming from the people's will across our land . I thank you for your long standing service to the Great State of Michigan . I know regardless of your personal thoughts on medicinal Cannabis , you will stand up for the freedom , saftey and the best interests of your constituants . Nobody looses when telling the truth . Please support and hold hearings on Truth and Trials HR 3939 . All good Americans support Truth . Lady liberty demands our Courts hear it . Regardless of anyones position on Medicinal Cannabis denying that the truth be told in a Court of Law is the most dispicable act imagineable and a afront to justice in America .

 

 

 

God Bless you and yours ,

 

Sincerely ,

 

 

 

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

Please march , limp , roll or be dropped off at the Capital steps to be cared for by friends / patients on May 25th 2011 to put end to this senseless discrimination of Cannabis Patients as well as denounce this unjust legal procedure jepordizing the foundation of truth and freedom in American Courts ! We must point out also our State Judiciary is bound to enforce State Law and recognize the truth be told in all courts now they are not Federal Officials bound to enforce Federal Law .

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Federal Law doesnt mention Medicinal Marijuana because it is Old and Out of Date.

What those Federal Laws had been primarily designed for is to prevent Interstate Transport.

 

Federal Laws do not pertain because it has a Large Problem it is 1000% Worse than the Church of Rome, as it has No Incentive for Redefinition and as it turns out, Plenty not to. Sad but true ....

 

Either Compassion nor Cannabis are presently within their Grasp of Understanding .... By Design.

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This very thing is why we also need to work toward getting changes to the 'law' regarding MMJ / cannabis at the 'Federal' level as well as the state in the form of 'decriminalization'.

 

Until that happens the DEA is going to go right on doing what they do... and we all know what that is.

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The lawyer says their within the State law but because they were all in one location from my reading it is possible they may of taken 101 plants and charged them both with Federal conspiracy to manafacture and deliever over 100 plants a mandatory 5 year min sentance . Scarey .

If you have more than 99 plants under one roof you invite the DEA to take their shot if they hear about you and any other fool partnering with you.

If you have more than 99 plants under one roof you have the same brains in your head as on your other end.

If you have more than 99 plants under one roof and are a 'real' grower you are making enuf to afford to put the second 99 under a separate roof in a distinct location.

If you ignore the 99 plant rule and get popped you deserve to do the mandatory 5 regardless of your age, remembering every day how smart you used to think you were when you were using the end opposite your head to do your thinking.

If you have more than 99 plants under one roof do not pass go do not collect a dime; for 5 years shut up and serve your time--do the crime do the time.

If you have more than 99 plants under one roof you are a darn fool fooling yourself.

If you have more than 99 plants under one roof, passing them off as separate addresses "exempting you from DEA concern" you are a darn fool fooling yourself not the DEA.

The line for those with more than 99 plants under one roof forms in Federal prison with 223 former growers who see bars not clones held in Michigan Federal as of 2010.

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If you have more than 99 plants under one roof you invite the DEA to take their shot if they hear about you and any other fool partnering with you.

If you have more than 99 plants under one roof you have the same brains in your head as on your other end.

If you have more than 99 plants under one roof and are a 'real' grower you are making enuf to afford to put the second 99 under a separate roof in a distinct location.

If you ignore the 99 plant rule and get popped you deserve to do the mandatory 5 regardless of your age, remembering every day how smart you used to think you were when you were using the end opposite your head to do your thinking.

If you have more than 99 plants under one roof do not pass go do not collect a dime; for 5 years shut up and serve your time--do the crime do the time.

If you have more than 99 plants under one roof you are a darn fool fooling yourself.

If you have more than 99 plants under one roof, passing them off as separate addresses "exempting you from DEA concern" you are a darn fool fooling yourself not the DEA.

The line for those with more than 99 plants under one roof forms in Federal prison with 223 former growers who see bars not clones held in Michigan Federal as of 2010.

 

Is there any Statistics available that shows Any Medicinal Cannabis Patients in there ? There better not be any !

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Peanutbutter, did you ignore my post? Any one caregiver is ILLEGALLY in POSSESSION of too many plants if there is a multi caregiver operation where total plant count exceeds that caregivers allowed amount. If there is 4 caregivers and 200 plants, then the math plays out to make it seem like they are legal but in law, they are in possession of way too many plants.

 

I highly advice against multi caregiver grow ops if you want to stay free and clear.

All marijuana is illegal federally.

 

OK .. here goes again ..

 

In my view, you are attacking this law of ours.

 

"seem" legal????? And why would it seem legal? Because it is legal under Michigan law.

 

Any plants at all are completely illegal under federal law.

 

So when you try to tell folks that multi caregiver grows are illegal,, I take it personally. I like this law we have in Michigan. I will fight any attempt to insert something into it that doesn't exist.

 

When we were first discussing how to do proper grows, a couple of years ago, some thought that every plant needed to have a tag identifying which plant goes with which patient. If two patients were growing at the same location, they were best advised to use different rooms. None of which is in the law.

 

Some said things like "if you have two patients growing in the same room then at any time both patients could be arrested for being in the same room as 24 plants. That was because neither was a caregiver.

 

Just isn't in the law .. not there period.

 

This has never been brought up in Bob and Torey's case. Never. The PA has never raised this as an issue. And that is the most stupid case in the state.

 

So everyone worried about keeping separate locked rooms for each patient was worried for nothing.

 

CAREGIVERS ARE ALLOWED TO GROW CANNABIS UNDER Michigan LAW. That's the legal part.

The law does not specify WHERE the caregiver is allowed to grow.

 

Let's be very precise .. There is nothing in the Michigan law that forbids caregivers to be growing in the same building. It is illegal under federal law for even one single plant to be grown. So it only "seems" legal under Michigan law and "seems" illegal under federal law.

 

100 plants does not determine if it is illegal. That is a line where the feds would be inclined to not push a case. But that is not law. They can push a case for a single plant, if they have a bad day.

 

The feds look to see if we are in clear compliance with the state law. A caregiver with two patients and 40 plants will get the attention of the feds. It doesn't have to be 100 to gain their attention.

 

The reason I say to forget the 100 plant count is in the context of the discussion about exactly what is "legal" and "illegal." And the 100 plant count is not that line.

 

The 100 plant line is about the willingness of federal agents to "let it slide." And THAT'S not law. Below 100 and you are less likely to be attractive to them .. More than 100 and you are more attractive. This "attractive" is not law but policy.

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Pb, There was an article about a week ago. The DEA announced regardless of what cities did as far as COOP grows, they were looking at the sentencing brackets in determining who to raid. My question is, what brought the attention of the Feds on this grow? We must be careful. All busts are bad, but right now the government is looking for headlines. Thanks, BB

 

Careful? Agree

 

We need to work on federal change .. yep

 

Illegal under Michigan law? nope.

 

Brackets do indeed exist.

 

One thing we need here is to present a clear picture about what is clearly protected under Michigan law. THAT is supposed to be the guiding light for the feds now.

 

So when WE ... OUR COMMUNITY .. agrees that, for example, three plants are illegal, it matters less and less about exactly what this Michigan law says. Because we are then clearly agreeing that it isn't covered by Michigan law.

 

At that point WE .. OUR COMMUNITY .. have pointed out an innocent person to go to jail.

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Where does it state in the law that two CG's can't have plants in the same grow room? It just states that the room needs to be locked and what plant count per patient/CG. There is nothing that states that 3 CG's can't get together in a enclosed locked facility and grow for their patients. This law was made to bring down the number of arrests and if you have noticed the number of arrests has gone up. We need to show up in numbers at protests and let our elected officials know. I have been to too many events with hardly anybody there. This doesn't help the movement and yes common sense is always a good thing to have. Anybody that wants to do a testimonial for my film on MMJ let me know. I am in the last couple of months of production.

 

 

your rite not alot or enough peeps show up for the rallys, I have been to a couple, and maybe 15 people here in the north! but when i asked for show of support, I was alone!

 

so even though I dont have a vehicle available to me most days becaus my lady uses it to work every day and every other weekend, so Im a stay at home dad! ye haw, glad i dont have no babys! and we own a microwave, lol!

 

I dont do cc clubs, not that I dont want to get out and meet some great people, but my luck has not been to good when it comes to leo since becoming legal, and i dont realy like the acomedations in a jail cell, so I choose to stay at home, and VOTE!

 

EVERY ELECTION EVERY MM PT AND CG NEEDS TO GET AN ABSENTEE BALLOT FOR THEM SELVES AND OTHERS!

 

we all need to vote together some how, we can do it in numbers by voting, with an absentee ballot there is no excuse why you cant vote, you get them plenty time ahead and can get some one to mail them!

 

Im as serious abouth this as freeing the weed!

 

as for these kids growing together, Im not seeing the problem other than the feds! did we ever find out if there are other legal growers at the place?

 

Peace

FTW

Jim on a rambling sat morn, too much coffe this morn :hot:

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You are right Pb, under state law it is legal. But many of our folks can't risk 5 years and the Feds have publicly stated that is the trigger. Everybody needs to take extra precautions this year especially. This will be their only chance to pass legislation. We're going to vote them out if they proceed. We Will be keeping tabs until the election. Thanks, Bb

 

my objection is when someone, well intended, tries to insert something into the MMMA that simply doesn't exist.

 

On this thread, that would be the false idea that our MMMA forbids caregivers to exist in the same building.

 

Wise??? It's a danger because of what the feds are doing. That doesn't make it illegal under our state law.

 

I'm not defending any persons or places .. I'm defending our law.

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Fed law is zero plants zero tolerance.

 

Fed policy for many reasons (biggest ones: scarce resources to get biggest bang for buck, state sovereignty) is brackets and a waggly benign neglect of lesser offenders.

 

Michigan law is 72 plants max to any caregiver; and multiples of 72 to numerous caregivers where ever they may be growing. Experience and history says the biggest fattest gophers are the taregets DEA cares about and they always, eventually, get DEA whacked.

 

MI policy is administered by hundreds of LEO, many whom are MI law ignorant and who whack out of reflexes conditioned by the past. Remaining clear of a cell is a balancing act governed by your operation's size, your location, your stealth (yes, even when functioning within MI law).

 

DEA are Treasury are FBI are lawyers and don't stoop to stealing legit patient ID and entrapping you. They use pressure on "little" growers they locate to go up the chain to find the big ops, "Give us the biggest name you know and we will let you go," and then they plant bogus stories about how they found the big op.

 

Feds only interest in the smaller numbers grower is to get the bigger operator. Somewhere north of 99 plants and 10 pounds and $50,000 cash they pop rather than further climb the grow chain.

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Fed law is zero plants zero tolerance.

 

Fed policy for many reasons (biggest ones: scarce resources to get biggest bang for buck, state sovereignty) is brackets and a waggly benign neglect of lesser offenders.

 

Michigan law is 72 plants max to any caregiver; and multiples of 72 to numerous caregivers where ever they may be growing. Experience and history says the biggest fattest gophers are the taregets DEA cares about and they always, eventually, get DEA whacked.

 

MI policy is administered by hundreds of LEO, many whom are MI law ignorant and who whack out of reflexes conditioned by the past. Remaining clear of a cell is a balancing act governed by your operation's size, your location, your stealth (yes, even when functioning within MI law).

 

DEA are Treasury are FBI are lawyers and don't stoop to stealing legit patient ID and entrapping you. They use pressure on "little" growers they locate to go up the chain to find the big ops, "Give us the biggest name you know and we will let you go," and then they plant bogus stories about how they found the big op.

 

Feds only interest in the smaller numbers grower is to get the bigger operator. Somewhere north of 99 plants and 10 pounds and $50,000 cash they pop rather than further climb the grow chain.

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Fed law is zero plants zero tolerance.

 

Fed policy for many reasons (biggest ones: scarce resources to get biggest bang for buck, state sovereignty) is brackets and a waggly benign neglect of lesser offenders.

 

Michigan law is 72 plants max to any caregiver; and multiples of 72 to numerous caregivers where ever they may be growing. Experience and history says the biggest fattest gophers are the taregets DEA cares about and they always, eventually, get DEA whacked.

 

MI policy is administered by hundreds of LEO, many whom are MI law ignorant and who whack out of reflexes conditioned by the past. Remaining clear of a cell is a balancing act governed by your operation's size, your location, your stealth (yes, even when functioning within MI law).

 

DEA are Treasury are FBI are lawyers and don't stoop to stealing legit patient ID and entrapping you. They use pressure on "little" growers they locate to go up the chain to find the big ops, "Give us the biggest name you know and we will let you go," and then they plant bogus stories about how they found the big op.

 

Feds only interest in the smaller numbers grower is to get the bigger operator. Somewhere north of 99 plants and 10 pounds and $50,000 cash they pop rather than further climb the grow chain.

 

Yep when Leo came inn and raided us that was the first thing they said was tell us were other grows are at and we will let you go

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The law does not specify WHERE the caregiver is allowed to grow.

 

 

PB,

 

I couldn't agree more with you on your statements, But in my case, Macomby county has charged me with just that "CG growing in MY home", a felony.

 

Hopefully Michael K, will show them that this isn't illegal, and this subject will be finalized

 

Trix

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From my understanding of a long conversation i had with someone from the area of the bust this is the impression i got of what happened to these guys.. They were two caregivers (i didnt hear anything about others) working from the same location. They were in seperate locked rooms. There were 146 plants reported by the police. Im wondering if some of those plants were actually cuttings. The local police went there and insisted on an inspection. The two caregivers knowing they were in complete compliance with mi mm laws let them come in. The Locals then left but went right to the phone and called the DEA. Thats how the dea found them.

HERE IS THE LESSON FOLKS.. even if you are in complete compliance with the Mi MM act.. Dont let the jerks in your house or grow.. They are not out to help you or be your friend.. they only want to bust you.

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Careful? Agree

 

We need to work on federal change .. yep

 

Illegal under Michigan law? nope.

 

Brackets do indeed exist.

 

One thing we need here is to present a clear picture about what is clearly protected under Michigan law. THAT is supposed to be the guiding light for the feds now.

 

So when WE ... OUR COMMUNITY .. agrees that, for example, three plants are illegal, it matters less and less about exactly what this Michigan law says. Because we are then clearly agreeing that it isn't covered by Michigan law.

 

At that point WE .. OUR COMMUNITY .. have pointed out an innocent person to go to jail.

 

 

We are going to 'always' have problems from the DEA and the Federal government here in Michigan until we 'also' get some changes done regarding the 'marijuana / cannabis' laws at the FEDERAL level.

 

We can count the number of plants per partient, per caregiver, per person, per your aunt Mildred... until something happens at the FEDERAL level it's going to continue to be a throw of the dice.

 

My nickel's worth...

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PB,

 

I couldn't agree more with you on your statements, But in my case, Macomby county has charged me with just that "CG growing in MY home", a felony.

 

Hopefully Michael K, will show them that this isn't illegal, and this subject will be finalized

 

Trix

 

i do hope for the best for you i don't understand even why you are in court i don't even no why we are still inn court But we are

things are getting worst for many that grow their own so far their has only been two case's that the C.O.A has said any thing about this Law and they have not been good

us and Kingpin it cost a lot of money to go to the appears court and they know it most don't have the money

good luck with your case i will be their to support you and will support others here their is a case coming up Feb 23 inn Lapeer if you want to go let me no

Peace From The Front

Bob

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From my understanding of a long conversation i had with someone from the area of the bust this is the impression i got of what happened to these guys.. They were two caregivers (i didnt hear anything about others) working from the same location. They were in seperate locked rooms. There were 146 plants reported by the police. Im wondering if some of those plants were actually cuttings. The local police went there and insisted on an inspection. The two caregivers knowing they were in complete compliance with mi mm laws let them come in. The Locals then left but went right to the phone and called the DEA. Thats how the dea found them.

HERE IS THE LESSON FOLKS.. even if you are in complete compliance with the Mi MM act.. Dont let the jerks in your house or grow.. They are not out to help you or be your friend.. they only want to bust you.

 

i tell people this all the time last week i was at a meeting and some one came inn and said he had just been Raided

and Yes he let them inn

People dont open the door please

DO NOT OPEN THE DOOR

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