Prosecutors Refuse To Issue Warrant Against Mm

[The Digital Nomad]

Prosecutors refuse to issue warrant against medical marijuana cardholder arrested in Bloomfield Hills

 

The Oakland County Prosecutor’s Office has denied issuing a warrant for possession of marijuana with intent to deliver after police arrested a medical marijuana cardholder in the 100 block of Bloomfield Hills Parkway.

 

The arrest took place around 8:30 p.m. June 8, when an officer noticed the suspect in a vehicle with a broken exhaust system. The officer stopped the man and smelled marijuana.

 

The 19-year-old driver admitted to smoking in the car earlier in the day, but denied having any marijuana with him at the time. A drug dog detected marijuana in the vehicle, and police found marijuana pipes, mason jars containing marijuana, scales and packaging materials.

 

Police arrested the man and released him while awaiting a warrant, but prosecutors refused to issue it because of the minimal amount of marijuana and the medical marijuana card, police said.

http://www.macombdaily.com/articles/2011/06/18/news/doc4dfb5a99bf20c467492534.txt

[abe supercro]

the tide may have begun to turn..

[Dr. Bob]

Though I am troubled by the fact he was 19 (perhaps he really had a qualifying condition) and that he was smoking in the car at any time, this does sound like it was a positive sign that the cards would be honored if straight medical use was shown. We could have done our part as well...why lie to the police about the MMJ if he was legal? Why make them bring out the dogs?

 

Dr. Bob

[Frank R]

Wowie, zowie, could the tides be turning....

 

Or was this 19 year old a relative of, or the caregiver for, someone of some import in Bloomfield HIlls?

 

I think its great the MMMA law was followed, 'cause if there was ever a "fish in a barrel" its a 19 year old, reeking of weed, in a bombed out OldsmoBuick driving through the posh suburbs of Oakland Co.

 

My gut tells me they didn't want to bother with this kid 'cause there is no positive political benefit for J Coop, not because Oak Cont Pros are concerned about the 'will of the people' or that Michigan Constitution thingy their suppose to be trained to uphold.

[+ProPlayer420]

Though I am troubled by the fact he was 19 (perhaps he really had a qualifying condition) and that he was smoking in the car at any time, this does sound like it was a positive sign that the cards would be honored if straight medical use was shown. We could have done our part as well...why lie to the police about the MMJ if he was legal? Why make them bring out the dogs?

 

Dr. Bob

 

I've learned long ago that illness's don't discriminate with age.

 

The way Oakland County is you can bet this 19 year old was very afraid to admit to being a legal patient with the way the police and court system usually handle medical marijuana patients.

 

And yes he did make mistake and that was his right to remain silent!!!

[Dr. Bob]

I am well aware illness doesn't discriminate with age, that is why I am giving the benefit of the doubt. He did not remain silent, he lied to the cops and said he didn't have anything when he did. I understand the fear, I've dealt with it all week and so have my patients up on the sunrise coast in Tawas. Just commenting on the fact this turned out well and it is always best to take the high ground and tell the truth (or remain silent). Also reminding folks the smell of MMJ in the car was the tip for them. That is NEVER legal, so had it not been done this would not be an issue. Sometimes in here we take the attitude of trying to justify bad behavior (smoking in car and lying) rather than trying to learn the lessons (don't smoke in car, tell truth or remain silent). It is just a matter of attitude. If we learn lessons, we don't make the same mistakes again and again.

 

Dr. Bob

[Romen]

Maybe they have started to find it not cost effective, they have enough questionable prosecutions going. They cost money , when you are in a crusade and insincere then many decisions will seem illogical. We know oakland county is leading the way to find fault with this law. Maybe this is the beginning of them backing off and being brought to heel. We can only hope.

[jimbojinx]

I am well aware illness doesn't discriminate with age, that is why I am giving the benefit of the doubt. He did not remain silent, he lied to the cops and said he didn't have anything when he did. I understand the fear, I've dealt with it all week and so have my patients up on the sunrise coast in Tawas. Just commenting on the fact this turned out well and it is always best to take the high ground and tell the truth (or remain silent). Also reminding folks the smell of MMJ in the car was the tip for them. That is NEVER legal, so had it not been done this would not be an issue. Sometimes in here we take the attitude of trying to justify bad behavior (smoking in car and lying) rather than trying to learn the lessons (don't smoke in car, tell truth or remain silent). It is just a matter of attitude. If we learn lessons, we don't make the same mistakes again and again.

 

Dr. Bob

 

Right On, Dr. Bob !

 

The kid lied and he is lucky he was not charged with filing a False Police Report !

 

And to have smoked in the car is not only a Felony....it is STUPID !!!

 

Hopefully the kid has learned something...maybe he will even find this website and get a critically important education !!

 

dr. Jinx

[Timmahh]

i dont agree utilizing your vehicle as wreckless or stupid.

 

let me paint a picture

 

 

 

I work out of town thru the week. i stay in a hotel. i work in places where i know almost no one except my work crew.

 

now, we cant smoke in an hotel room here in Mi. so i can not medicate there or even in the bathroom without risking a 250.oo smoking in the room charge. if i go outside to smoke, where i smoke my cigarettes, i am violating the public use clause in the MMM08 Act. So i cant smoke outside.

 

now, i can drive somewhere, maybe a compassion club/dispensory that allows smoking on site. but now i ll be medicated, away from my hotel bed, and un able to drive due to being medicated, to get back to the hotel so i can go to sleep for the night. So going somewhere to medicate is out of the question as well.

 

 

So where should i medicate? well, i medicate in the ONLY NON PUBLIC place i can when i an not at home. My Vehicle.

 

yes i have the keys in the ignition and it is turned on so i can listen to the radio.

So yet again, im illegal, due to being in my vehicle with keys in ignition and in on (not running ) position.

 

if i was drinking beer, id be guilty of open intoxicants minimum (even though the vehicle is not running) so i would presume the same to hold true with MMJ.

 

 

So, where does my use fall into play? Wreckless or Stupid? imo, i say Within the concords of the law as written. Im NOT in pulbic, as im in my PRIVATE vehicle. im not driving, though the ignition is on, vehicle is NOT RUNNING. but to LEO, keys are in, car is on, even not running, im guilty of driving while intoxicated, even if the vehicle can be shown to not have moved in the last 48 hrs. im in it, keys are in it, it is on, and it CAN run, but isnt. to LEO im guilty of intoxicated driving, even if im NOT ACTUALLY DRIVING THE Vehicle.

 

So, now how do you all feel about it?

 

as far as this kid goes. GOOD FOR HIM! im glad he getting a FAIR Shake.

 

as far as Driving while Medicated. people do it ever day with aspirin, codeane, oxicotin, vicoden ect... so me or anyone else driving while medicated is nothing new, NOR Illegal.

[Dr. Bob]

i dont agree utilizing your vehicle as wreckless or stupid.

 

let me paint a picture

 

 

 

I work out of town thru the week. i stay in a hotel. i work in places where i know almost no one except my work crew.

 

now, we cant smoke in an hotel room here in Mi. so i can not medicate there or even in the bathroom without risking a 250.oo smoking in the room charge. if i go outside to smoke, where i smoke my cigarettes, i am violating the public use clause in the MMM08 Act. So i cant smoke outside.

 

now, i can drive somewhere, maybe a compassion club/dispensory that allows smoking on site. but now i ll be medicated, away from my hotel bed, and un able to drive due to being medicated, to get back to the hotel so i can go to sleep for the night. So going somewhere to medicate is out of the question as well.

 

 

So where should i medicate? well, i medicate in the ONLY NON PUBLIC place i can when i an not at home. My Vehicle.

 

yes i have the keys in the ignition and it is turned on so i can listen to the radio.

So yet again, im illegal, due to being in my vehicle with keys in ignition and in on (not running ) position.

 

if i was drinking beer, id be guilty of open intoxicants minimum (even though the vehicle is not running) so i would presume the same to hold true with MMJ.

 

 

So, where does my use fall into play? Wreckless or Stupid? imo, i say Within the concords of the law as written. Im NOT in pulbic, as im in my PRIVATE vehicle. im not driving, though the ignition is on, vehicle is NOT RUNNING. but to LEO, keys are in, car is on, even not running, im guilty of driving while intoxicated, even if the vehicle can be shown to not have moved in the last 48 hrs. im in it, keys are in it, it is on, and it CAN run, but isnt. to LEO im guilty of intoxicated driving, even if im NOT ACTUALLY DRIVING THE Vehicle.

 

So, now how do you all feel about it?

 

as far as this kid goes. GOOD FOR HIM! im glad he getting a FAIR Shake.

 

as far as Driving while Medicated. people do it ever day with aspirin, codeane, oxicotin, vicoden ect... so me or anyone else driving while medicated is nothing new, NOR Illegal.

 

I disagree on several levels.

 

Your vehicle, in full view of the public, is public inside and out when it comes to MMJ. This has already been decided.

If you are in control of the vehicle- sitting in the drivers seat with keys in your POCKET, you are in control of the vehicle. Don't think so? pull up next to a cop, turn the car off, put the keys on the dash, waive at the cop, and pop open a beer. You will see how public and in control of the vehicle you are pretty quick.

 

Ok, so that handles that.

 

Now to your question....

 

Ok, you travel, there are not safe, private places for you to medicate, or are there? How about your hotel room? Private, secure, and you don't have to drive anywhere. So you can't smoke, have a cookie then. No odor, no fine, and you are well within the law.

 

Too often folks want to just 'do it their way' and complain when they run into problems. We have means to accomplish what we are trying to do, namely ease our suffering and the suffering of others, within the law if we make some minor accommodations. In your situation, medibles may well be the answer to your needs. A motor vehicle is designed to move from point a to point b. If you are in it, that is what you are doing, so don't medicate. The only exception to that is a motor vehicle designed to be living quarters, like a motor home. If you are in a motor home, in a campground with chocked wheels, I wouldn't worry about medicating because you have a very strong argument that you are not going anywhere, and you are in private in the back, not surrounded by glass for everyone to see.

 

What we actually do- I've sat in my truck and had a beer, is one thing. But the point is, if they wanted to write me a ticket or otherwise cause some mayhem for me doing it, they can. Taking a break from mowing the lawn and having a beer is one thing. Using a schedule 1 narcotic, in public, is another. Remember the cops are not adjusting well to this law, so lets approach everything we do as something we might have to defend. Would you rather defend yourself for having a joint in a car, or chewing a brownie in a hotel room?

 

Finally, I agree the kid got a good break and I'm happy for him. As for your comments about folks driving medicated, that is the type of justification that hurts us. So what if folks drive while on vicodin, does that mean ANYTHING about driving on MMJ-- No. If some guy cheats on his wife, is that justification for me cheating on mine? We need to stop making excuses for bad behavior and start finding solutions to make our behavior right.

 

Dr. Bob

[ozzrokk]

i dont agree utilizing your vehicle as wreckless or stupid.

 

let me paint a picture

 

 

 

I work out of town thru the week. i stay in a hotel. i work in places where i know almost no one except my work crew.

 

now, we cant smoke in an hotel room here in Mi. so i can not medicate there or even in the bathroom without risking a 250.oo smoking in the room charge. if i go outside to smoke, where i smoke my cigarettes, i am violating the public use clause in the MMM08 Act. So i cant smoke outside.

 

now, i can drive somewhere, maybe a compassion club/dispensory that allows smoking on site. but now i ll be medicated, away from my hotel bed, and un able to drive due to being medicated, to get back to the hotel so i can go to sleep for the night. So going somewhere to medicate is out of the question as well.

 

 

So where should i medicate? well, i medicate in the ONLY NON PUBLIC place i can when i an not at home. My Vehicle.

 

yes i have the keys in the ignition and it is turned on so i can listen to the radio.

So yet again, im illegal, due to being in my vehicle with keys in ignition and in on (not running ) position.

 

if i was drinking beer, id be guilty of open intoxicants minimum (even though the vehicle is not running) so i would presume the same to hold true with MMJ.

 

 

So, where does my use fall into play? Wreckless or Stupid? imo, i say Within the concords of the law as written. Im NOT in pulbic, as im in my PRIVATE vehicle. im not driving, though the ignition is on, vehicle is NOT RUNNING. but to LEO, keys are in, car is on, even not running, im guilty of driving while intoxicated, even if the vehicle can be shown to not have moved in the last 48 hrs. im in it, keys are in it, it is on, and it CAN run, but isnt. to LEO im guilty of intoxicated driving, even if im NOT ACTUALLY DRIVING THE Vehicle.

 

So, now how do you all feel about it?

 

as far as this kid goes. GOOD FOR HIM! im glad he getting a FAIR Shake.

 

as far as Driving while Medicated. people do it ever day with aspirin, codeane, oxicotin, vicoden ect... so me or anyone else driving while medicated is nothing new, NOR Illegal.

 

You should really try a vaporizer. You would be surprised at the results.

In your situation this or medibles is your ONLY safe option. You layed out

a senerio here that would get you in trouble, right or wrong, as things stand

right now you would get in trouble. Look into a vape and it will be the answer

to your current situation. Like Dr. Bob said if you want to push that theory

trust me when I tell you that you will lose. And frankly I don't want to see

anymore of our own in trouble. Be safe and be smart.

[ozzrokk]

I would also like to add that isnt it amazing how smooth things go when the PA simply

follows the law? This guy was very lucky under the circumstances. He almost made it

easy for them to prosecute him on many fronts.

[Guest Happy Guy]

They just couldn't find a judge that would sign the warrant. The judges are getting tired of being embarrassed by the officers and prosecutors. That's what happens when you reach too far. Someone grabs your arm and you go for a toss. Old martial arts technique, works every time.

[Dr. Bob]

Agree completely. God protects fools and children,,,most of the time.

 

Vaps still have an odor, I would recommend medibles as I said. My theory to overcome LEO has been stated, I want to see a cardholder on every jury, for the same reason Happy cited with the judges. But we can do our part too and stop giving them rope to hang US. Let's play smart, remember this is a game of skill, not a game of chance. You can lose a game of skill on purpose, this is illustrated by the example of turning off the car next to a cop and popping a beer. Or a joint. They are very smart people, professional debaters, looking to take us down. They don't respect us and don't think we are smart too. We can show them how wrong they are, and hold our own to protect the law. But we need to play smart and pick our battles and the ground on which we fight.

 

Dr. Bob

[CedarSpringsCG]

If you are going to smoke in your car, I might suggest a cheap $99 remote starter, tinted rear windows (like Limo tint), start your car from the hotel room, leave keys in hotel room, smoke in back seat. At least that way the keys aren't in the vehicle and they can't hit you with a DUID charge. A jerk cop might still hit you with MMJ in public, but you won't have a driving charge with it.

 

I am not condoning smoking in a vehicle, just saying if you are going to push the law, be smart about it. I think part of the "publicness" of a vehicle is visibility. If a cop sees someone having sex in a car... what is it? Public indecency or something? If a cop drives by a camper where someone is having sex, would he even stop?

 

If you have a camper, up on jacks or blocks, hooked up to water and electricity in a camp site, awnings out, places to sit set up around a camp fire, etc, and you smoke in the back cabin of it, is that OK? I say yes completely. And the difference between that and what Timmahh said is that there is no way the camper is moving and there is no visibility. So, take the keys out of the vehicle, and remove visibility. Simple covering windows with cardboard I feel would work, however it would also draw attention as it isn't normal.

 

Dr Bob, I would take your challenge, just slightly modified. I would, given the proper vehicle, pull up next to a cop, take the keys out, hit a remote start to keep it running and music on quietly, and throw them into a field, get into the back seat with full limo tint and pop a beer. I am not going to do it with my car, because it isn't properly equipped, but if someone would buy me a remote starter I would contemplate it. Oh and I might want some of those window covers to block the front and front side windows. The ones that keep the sun out.

 

I do agree that medibles or pills are the way to go there. However a vaperizor isn't creating "smoke". So is it really smoking? and depending on how much you use and how long you hold it the smell is VERY minimal, a small can of febreeze would kill it.

 

Cedar

[Kingdiamond]

Prosecutors refuse to issue warrant against medical marijuana cardholder arrested in Bloomfield Hills

 

 

The 19-year-old driver admitted to smoking in the car earlier in the day, but denied having any marijuana with him at the time. A drug dog detected marijuana in the vehicle, and police found marijuana pipes, mason jars containing marijuana, scales and packaging materials.

 

Police arrested the man and released him while awaiting a warrant, but prosecutors refused to issue it because of the minimal amount of marijuana and the medical marijuana card, police said.

http://www.macombdaily.com/articles/2011/06/18/news/doc4dfb5a99bf20c467492534.txt

Wow this idiot got the gift of a lifetime i wonder if this is in reference to the recent media coverage on the lawsuits by the ACLU vs Bloomfield hills ?

[The Digital Nomad]

since you started your car, remotely or whatnot - you are still operating a motor vehicle.

 

That would have been funny to watch someone do all that - pull up next to cop car, remote start car, throw keys in to field, and light up - and still get popped! "Is this your vehicle?" "Is it running?" or "why are you smoking marijuana in public?"

 

You were operating your vehicle, you could have found your keys in the field after smoking - you still had use of a motor vehicle.

 

Lets just stick with the current laws and rules -

1. you cannot use in public

2. you have no reasonable expectation of privacy in your car, try removing your clothes, try sex, or urinating in a cup - you have no privacy expectations if a person comes up. Same goes for smoking marijuana. You are in public!

 

Leave it at home or transport it to somewhere safe.

 

-DN

[The Digital Nomad]

And lets just enjoy the win for a while - instead of monday quarterbacking what happened, lets accept that finally - a warrant was denied for a MM arrest. I am amazed they didn't try to quash the news report about it.

 

-DN

[LITLJON]

MAN just Keep Your Mouth Shut(KYMS). You can't lie if you exercise your right to KYMS. Don't answer any questions no matter how trivial just KYMS. Oh ya did I mention KEEP YOUR MOUTH SHUT.

 

 

MY edit; this topic took a weird direction. This kid got lucky we should be looking at his mistakes and learning from it. The lieing for starters KYMS.