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Order For Return Of Property

trix

By trix
in The Michigan Justice System

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CedarSpringsCG Advanced Member

CedarSpringsCG

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Wow, OK I am probably reading into this, but grow equipment released with a handgun? Does that mean they are leaning towards saying a MMJ patient can have a gun?

 

Like I said, probably reading into this, but that is a big step forward... Congrats on getting your stuff back, it's about time.

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trix Advanced Member

trix

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I was found in compliance as well as a victim of a robbery, and my case case never went to trial otherwise things would have been very different, and yes Thank you Michael Komorn.

 

The gun was a big deal, they had to file a motion for release it, the grow equipment wasn't a issue We have scheduled a appointment to get all this behind us.

 

Yes, they are giving back the handgun, along w/ the grow equipment. But keep in mind it is still NOT legal to grow/manufacture Marijuana and posses a gun 2 yr felony.

 

I was blessed with great council and after a year of court dates, Michael had the case resolved and dismissed.

 

YAY!!!!

 

Trix :bong2:

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trix Advanced Member

trix

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I don't wanna stir the pot to much, But my family and I will be taking video/pictures as I carry my property out of the police station.

 

Will have to work out the details with Michael, maybe you will all be able to see it on MMMA TV, in the future. either way its a win for all of us!!

 

Thanks to all that showed my family and I support throughout the whole court process, either via forum or showing up at our court dates. Thank you all so much again.!!

 

WINNING DUH!!

 

Trix :bong2:

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wingnut Advanced Member

wingnut

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I don't wanna stir the pot to much, But my family and I will be taking video/pictures as I carry my property out of the police station.

 

Will have to work out the details with Michael, maybe you will all be able to see it on MMMA TV, in the future. either way its a win for all of us!!

 

Thanks to all that showed my family and I support throughout the whole court process, either via forum or showing up at our court dates. Thank you all so much again.!!

 

WINNING DUH!!

 

Trix :bong2:

 

 

 

 

What? they pickup but don't deliver? LOL. Great news, doing a happy dance for you .:thumbsu:

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greenbuddha Advanced Member

greenbuddha

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But it is a federal problem with the gun and 2 yr felony right? Not state? All MMJ is a felony to the feds.

 

 

YES!

 

ALL MMJ / cannabis is a potential 'felony' charge to the federal agencies under Federal law.

 

And the 'Federal' stand on MMJ / cannabis is the reason the anti-MMj / cannabis politicians are using the "Federal law' to get around honoring the MMM Act as passed by the voters, not only here in Michigan but in many other states as well.

 

AND very recently a Michigan judge (Midland I believe) declared the MMM Act to be 'Unconstitutional' under 'Federal' law.

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CedarSpringsCG Advanced Member

CedarSpringsCG

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I think the Fed's banning MJ is unconstitutional... The judge that declared that is an ignorant person. When talking about the constitution, We the people didn't trust the Federal Government when it was first set up, and it says plain as day that the Feds only get the rights we give them, if it isn't explicity stated they have right to control something, then it was a state issue.

 

They are trying to claim it is interstate commerce that gives them the right to control MJ. Because MJ produced in MI can make it to the streets in Ohio. Well, sorry, but legal MMJ growers in MI don't send their meds to Ohio, there are plenty of patients in need right here in MI. There is no interstate commerce, so where in the constitution do they get the right to regulate anything inside of michigan?

 

This case was brought up many years back in the US vs. Oakland County Buyers Cooperative. It went all the way to the US Supreme Court, who said paraphrased, "We will not comment on this point until it goes through the district, circuit and COA". So they went back to the COA, who sent them back to Circuit, who sent them back to District, who sent them back to Circuit, who said, we are just going to remand this and they let it drop. No one court wanted to try that case at all, and OCBC was able to keep open and is now one of the biggest co-ops in California with over 100,000 members. The remand expired in 2006, and they have not been harrassed since the court case was put on hold.

 

So, as far as the MMMA being unconstitutional, I think he is wrong, I think that local manufacture, distribution and sale of MMJ being limited by the federal government is unconstitutional.

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CedarSpringsCG Advanced Member

CedarSpringsCG

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So for clarity sake, if you are a patient and grow at one address, and at your home you have a registered gun (1), where there is no grow but meds. and associated material, you ARE breaking the law? with a 2year felony possible

 

Thank you

 

Any gun + any MJ has a possible 2 year sentence. What is being argued is if it is legal or not. the Felony Firearm charge is possession of a firearm when dealing with illegal drugs. The problem is that the MMMA makes it not illegal to have 2.5oz or less per pt, and less than 12 plants per pt. The Government is not allowed to deny ANY RIGHT OR PRIVILEGE. And as an American with no felonies I have a right to own a gun.

 

So, legally speaking, you are not breaking any laws, so therefore you can have a gun on your belt while harvesting your plants. However the way it is working in the really real world is that the LEO makes up charges, judges block the MMJ defense, and the Jury is ONLY told that you were growing MMJ for sale and you had a gun.

 

My feelings are it isn't worth it. Now gun ownership and gun possession are 2 different things. I would say you could own one, just not have it on your grow site, and not anywhere near your meds. So like I could leave my hunting rifle at my non-pt friends house, pick it up when sober and have no MMJ on me, go hunting or whatever, drop it back off at his house, and then go home and smoke a bowl.

 

It sucks and is a pain, but until we get the Feds to lighten up, we can't get the state judges to lighten up, and we won't have the law we passed as MI residents.

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Purplehaze Advanced Member

Purplehaze

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Thank you cedarsprings for clearing that up. I think im fine, I have one collectable gun, I keep in a safe.

 

But now that i see the light, I might drop it off at another family members house and store it there as not to give LEO anything at all that's in the grey area.

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