Retro Active Card Issues ?

[WEBASSASSINX]

ok i received my first card in sept 2009 ... it expired October 1st 2010 ... on October i had the police come and give me a bunch of trouble and still in court because they said that i do not qualify under affirmative defense ... that my card was expired so i was growing illegally ... but i had seen my doctor and got my paperwork on the 8th of October and they came on the 11th and my check was cashed on the 15th so 4 days after the police were there the mmmma cashed my check .... but my new card as a renewed card shows sept 2009 to October 2011 so would i not qualify for retro active status ? and is there even such a thing ? i am worried because they are trying to throw the book at me and i was doing everything by the book .....

 

but if my card that i currently have shows issued 9/11/2009 and expires 10/1/2011 wouldn't i have been covered on October the 11th even technically i did not have a valid card in my possession ?

 

 

thanks

[LongHairBri]

the second the dr. hands to a signed rec your protected. Redden serves us again!

[WEBASSASSINX]

well .... me, my friend (Joe) and my fiance (Erica) were in the living room i had all of the windows in the house open and i had the curtains closed ..... the front door was open ... and the outer door on the inside porch i had removed the door to get more air flow through the house .... (so from outside no one could be visibly seen medicating with marijuana) .....

we were smoking inside and a plain clothed officer walked through our door in to our inside porch and looked inside and said could you step out side for me for a moment .... i said sure ... i told Erica and Joe i would be right back ... i stepped outside and talked to him he told me that his name was detective Todd Butler with the Kent county sherrifs department and he was here because of the marijuana ....

i told him that i was legal he asked to see my card ... i got my card and my new set of dr's paperwork ... he looked at the card and told me this is no good its expired and it doesn't count for anything and TOOK MY CARD !!!

i then showed him my set of Dr's paperwork showing that i had already been to the doctors and had my paperwork approved and mailed ... my check just did not get cashed yet at that point ...

so he told me that i was not protected under the law and that i was in illegal possession of marijuana and that he had already seen us in possession of the marijuana and so he told me that if i cooperated and let them search the house to see what i have they would do a lite search and be careful with my things and be in and out real fast or i could make him wait 45 minuets to get a search warrant and would then proceed to tear my place apart and that they may get CPS involved to take my son ...

i signed there search paperwork and i told him that i had almost nothing and that everything in the house was mine ... i told him that i would open my safe up and show him what i had ...

i then opened the door to my apartment and told Erica and Joe that its is the police that are here and they are going to search the house ...

with my back to the door and the officer behind me walking in Joe stood up and told them to flower off or flower you this is medicine and opened his jar and told officer Butler to take a good wiff and smell some good medication ... he showed his card ... told them i know my rights i have a good defense attorney i have done nothing wrong and that he was here to medicate and that was it ... and that he was leaving .... and proceeded to leave .... as far as i know they did not stop him .....

i then opened my safe where i had a gram of marijuana and some seeds ...

after that the 4 officers separated me and Erica ... the 2 male officers interrogated me outside the the 2 female officers interrogated Erica inside the house telling her that she could go to jail, that CPS could take our son and that if she did not tell them what they wanted to hear these things were going to happen.... while searching it .... after a few minuets 1 of the female officers came and talked to the officers informing them that Erica told them that we sold to 2 medical marijuana paitents

but the officers informed me that erica told them that we sell to these people and these amounts ...... before this information i told them i sell to nobody and that i do not break the law ....

after they told me what Erica had said i told him fine ... whatever you want to believe what she told your other officer must be the truth because i already told you my answer and that wasn't good enough for you .... officer Todd Butler then told me that he wanted the names of illegal growers that i knew and this would all go away .... i told him that all of the growers i know are "now" legal .... didn't used to be the case but that is the truth .... he did not like that answer and proceeded to tell me how i have got to know someone that has an illegal grow and i told him no dude .. to tell you the perfect truth everyone that i knew that grew illegally is now legal and grows there own

at this point they told me so take us to where you are growing ..... i said what >???

officer Butler said we have been watching you and know where you grow take us there let us in and we will just take the plants ..... i told him ... OK since i am "supposedly" breaking the law if i let you in you will just take my plants and no equipment ?

he told me yes we will leave your equipment alone and just take your plants .... (i figured this was my first indoor grow so as long as i did not loose my equipment i would be Ok) so i took him to my dads showed him that the house was locked ... i opened it with my key, that the basement was double locked and i unlocked the door and let them in the basement i showed them that the basement was separate from the upstairs and that they were not allowed at all in the upstairs portion of the house... he said no problem ...

we continued downstairs where i showed the officer the different stages of my grow 4 in the cloning box 4 in final drying/curing (to be hung that night) and 8 in vegetative mode for a total of 8 actual plants i showed him that the 4 plants were done and had there leaves stripped and were being baked under a HPS light to water cure/flush the flowers, 4 in the cloner to replace the ones that were going to be hung and the 8 that were arranged around the basement ... once the 4 clones in the cloner were finished they would have been pulled and placed in the the buckets where the previous 4 finished plants were just taken from ..... i showed the factor that my plant rotation is a total of 12 plants and 12 plants only but he just kept telling me how people like me are scum and are just using this new law to sell drugs and to use this as a cover story ...

they took a bunch of pictures made a huge mess of my basement and destroyed a few things and then officer Butler cam to me and told me ... well we need to take something for evidence 1 piece of equipment ... i said what ? he pointed at a cheap 600 watt light and hood and said how about that ... i said sure but not the ballast just cut the hood from the cord no problem ... they removed the hood and light and all of my clones, plants, and finished flowers/buds about 2-2.3 oz and told me that they would be in touch and gave me a card and told me to contact him with a lead for a big illegal grow to get off the hook ......

 

 

although i am sure officer Todd Butler has delt with many serious drug dealers and illegal growers in the past i cooperated 100% to prove i was legal and set a good example but he went way beyond what needed to happen he was rude, demeaning, offending, even when i did not give them 1 moment of Resistance and was truthful from beginning to end and treated like a piece of trash ...

 

 

on a side note they said they found baggies and a scale ..... duh !!!! for 1 i sell to legal medical marijuana patients 2 i have to buy it from someone so i have to weight it my self plus hell i use those same bags for coins, screws, computer parts they are convenient but yes there was selling paraphernalia i was legally selling under the area where i was assisting the patient with there acquisition of marijuana

 

they used intimidation scare tactics threatening me and my soon to be wife and my child if we did not give them what they wanted that we would all be leaving with them ... arrested and my son with child services .... now what other option did i have ???

i now know next time what to do .... tell them to flower off and to go and get a warrant ..... i wish police would protect and serve vs blackmail and intimidate people that are not breaking the law ...

 

i have broke no laws as much as they would like to believe ..... they need to look for someone else ....

[peanutbutter]

I believe they lied to many many times.

 

And I believe you talked to much. They're well practiced at getting people to talk to much.

 

I also believe you were legal.

[WEBASSASSINX]

also on a side note .... i have a public defender that doesn't know the law at all and i am going in for a jury trial on September 25th with judge Dennis Leiber .... if there is anyone that can help me please do i have no money and no idea what to do ... i have contacted WZZM13 and the ACLU and i have not gotten a response my lawyer doesn't seam to confidant

[WEBASSASSINX]

well i also believe i was legal that is why i have fought this all the way so far ...they have come with multiple pleas ... but i have refused all i do not deserve to be charged with anything so i am not going to plea to anything no matter how good a deal they offer ..... accepting a plea is saying that i was breaking the law .... and i was not !

[Kingdiamond]

No way if they follow the letter of the law can you be convicted but problem is theres many cases where uninformed Leos (like this one here )get the law wrong or didn't bother reading it in the first place.

[Croppled1]

I am not feeling well today

 

I took down what was here I am pretty sure the state had something up that said your card would be accepted after expiration at one point because they were so far behind . I bet someone had that taken down quickly but it makes sense if you were qualified why would you not be later ? Has there ever been a case ? . All I could find is the reference if you dont get your application in prior to expiration you have to submit a new application form instead of a renewal .

 

This is what is up now there is nothing any longer about x number of days grace period I could find but I swore I saw it too .

 

"The statute currently allows for a copy of the application submitted to serve as a valid registry identification if the card is not issued within 20 days of its submission to the department. At this time, we are unable to issue valid registry identification cards within the statutory time frame with the resources available to us. We continue to review and revise our processing methods in order to more efficiently process and issue the valid registry cards. "

 

http://www.michigan....1869---,00.html

[peanutbutter]

I am not feeling well today

 

I took down what was here I am pretty sure the state had something up that said your card would be accepted after expiration at one point because they were so far behind . I bet someone had that taken down quickly but it makes sense if you were qualified why would you not be later ? Has there ever been a case ? . All I could find is the reference if you dont get your application in prior to expiration you have to submit a new application form instead of a renewal .

 

I remember that as well.

 

Something about the card being valid for sixty days after it showed expired because they were so far behind.

[Kevin]

I sent for my 3rd card in the Spring. Not doing it any more. I'm just using my paperwork next year. They can't take us seriously so they won't be getting any more money from me. Don't need no stinking card anyway. I can use the money for something else...like food.

 

 

 

 

 

 

 

 

 

 

Peace.

[happygolucky]

I sent for my 3rd card in the Spring. Not doing it any more. I'm just using my paperwork next year. They can't take us seriously so they won't be getting any more money from me. Don't need no stinking card anyway. I can use the money for something else...like food.

 

 

 

 

 

 

 

 

 

 

Peace.

 

 

 

AMEN Kevin

Same here.. paper will work just fine for me..

[Croppled1]

I sent for my 3rd card in the Spring. Not doing it any more. I'm just using my paperwork next year. They can't take us seriously so they won't be getting any more money from me. Don't need no stinking card anyway. I can use the money for something else...like food.

 

Peace.

 

 

Hang in there as best we can we must support the program because it is all we have . I don't know what your situation is but it is apparent that low income workers should of been allowed the $25 fee in addition to those on SSD and Medicaid . That was set up by the State and they can change it to who is already covered plus anyone under 150% of poverty . And they should along with creating some sort of relief by law for those caught up in technicalities . All the legislation being proposed is harmful and further regulatory toward patients Right here are two helpful items patients could use and State Representatives and Senators should be made aware of . There are many issues that can be added and helpful . I am surprised they can't see the discriminatory nature of their own motives in Lansing .

 

By the States own statistics 27% of Michigan Citizens sought treatment for chronic pain in the last year . There are only 80,000 patients on the program out of 2.7 million prospective applicants who must determine if participating would be more harmful from discrimination and banishment from normal societal interaction and freedoms when able . The more registrared cardholders the better for patients .

[WEBASSASSINX]

I remember that as well.

 

Something about the card being valid for sixty days after it showed expired because they were so far behind.

 

 

do you have or know where i can find any documentation that says that ??? that would be a huge blow to the prosecutors case ...

and would be a great help

[LongHairBri]

I sent for my 3rd card in the Spring. Not doing it any more. I'm just using my paperwork next year. They can't take us seriously so they won't be getting any more money from me. Don't need no stinking card anyway. I can use the money for something else...like food.

 

 

 

 

reccomendations expire after 90 days. you'd have to recert 4+ times a year

 

 

 

 

 

Peace.

[robnuvie]

I have never seen any writting which says a doc's rec is olny good for 90 days. That is just riduculas. Dr. rec expires in 90 days. Give me a brake. But sec. 8 is good for me too. I was denied this year also. That is the last 100 bucks they get from me. Joe gets it next year. At least I can call and talk to Joe.

[+EdwardGlen]

also on a side note .... i have a public defender that doesn't know the law at all and i am going in for a jury trial on September 25th with judge Dennis Leiber .... if there is anyone that can help me please do i have no money and no idea what to do ... i have contacted WZZM13 and the ACLU and i have not gotten a response my lawyer doesn't seam to confidant

 

 

That's a Sunday...

 

http://judgepedia.org/index.php/Dennis_Leiber

 

Dennis B. Leiber is a judge for the 17th Circuit Court (Civil/Criminal Division) in Kent County, Michigan. He has served in this position since January 1, 1989, following his election in 1988.[1][2] He was re-elected to consecutive terms in 1994, 2000 and 2006 and his current 6 year term ends on January 1, 2013.[3][4]

[WEBASSASSINX]

That's a Sunday...

 

http://judgepedia.org/index.php/Dennis_Leiber

 

Dennis B. Leiber is a judge for the 17th Circuit Court (Civil/Criminal Division) in Kent County, Michigan. He has served in this position since January 1, 1989, following his election in 1988.[1][2] He was re-elected to consecutive terms in 1994, 2000 and 2006 and his current 6 year term ends on January 1, 2013.[3][4]

 

lol i ment the 26th

[WEBASSASSINX]

Q. I never received my renewal card. Why do I need to pay the late fee?

 

A. It is the responsibility of the licensee to make sure that his or her license is renewed, whether a renewal card was or was not received. After the expiration date of a license, the licensee has 60 days in which to still renew a license by paying the renewal fee plus the late fees associated with the license(s) held. If the license is not renewed by the end of the 60-day grace period, the license is lapsed and the licensee must apply for relicensure.

 

http://www.michigan.gov/lara/0,4601,7-154-27417_27529-66821--,00.html

 

 

but all this says is that you have 60 days to renew ..... what about anything that states wither or not the card still is valid and or protects you ... is your card retroactive ????

[WEBASSASSINX]

they are charging me with some serious bunny muffin .... like i never had a card because it was expired and that my dr's paperwork did not count because my check had not been cashed and it had not been 21 days yet .....

 

they are charging me like joe blow on the street with no license ...

[WEBASSASSINX]

they are charging me with some serious bunny muffin .... like i never had a card because it was expired and that my dr's paperwork did not count because my check had not been cashed and it had not been 21 days yet .....

 

they are charging me like joe blow on the street with no license ...

 

 

lol i love it everytime i swear in here ... with the edits .... bunny muffin lol

[WEBASSASSINX]

Judge Dennis Leiber said that i did not qualify under affirmative defense but he also acted like he did not know the law at all .... he was asking me stuff about the law to clear up his understanding of it .... WTF is that about ?

 

i am the very first person in the state of Michigan that is fighting this ... as far as my circumstances according to my lawyer and i guess that almost everyone just gets scared and takes a plea deal .... F that ... i am going to fight this as much as i can ...

[WEBASSASSINX]

i assume this is the place to rally people together for support but i have no idea what to do ... anyone have any ideas or would want to help me ? if you need more answers regarding this matter in full detail you could always message me and i could call you or vise verse

[WEBASSASSINX]

IMO Get a great attorney and ask them what kind of support they need.

 

..... that takes money i am beyond broke

 

but no my lawyer has no confidence with marijuana law ...

[jayt]

Q. I never received my renewal card. Why do I need to pay the late fee?

 

A. It is the responsibility of the licensee to make sure that his or her license is renewed, whether a renewal card was or was not received. After the expiration date of a license, the licensee has 60 days in which to still renew a license by paying the renewal fee plus the late fees associated with the license(s) held. If the license is not renewed by the end of the 60-day grace period, the license is lapsed and the licensee must apply for relicensure.

 

http://www.michigan.gov/lara/0,4601,7-154-27417_27529-66821--,00.html

It sure would be nice if this applied to the medical marihuana program. This is for a health care professional license. Your card expires on the date shown on the card.

 

Here is the way expiration of your card works as outlined in the rules set forth from the MDCH:

 

R 333.117 Annual renewal; expiration of registry identification card; fee.

Rule 17. (1) Pursuant to section 6(e) of the act, a registry

identification card shall be renewed on an annual basis to maintain active

status as a registered qualifying patient or a registered primary caregiver.

(2) A registry identification card shall expire on the first day of the

month 1 year following issuance of the card.

(3) An applicant for renewal of a registry identification card shall

submit an application and information as provided in R 333.103(a), © and

(d).

(4) If an applicant fails to comply with subrules (1) and (3) of this rule

by the expiration date on the registry identification card, the registry

identification card shall be considered null and void and of no further

effect. The applicant may submit a new application to the department.

(5) The department shall verify the renewal application information in the

same manner as specified in R 333.109.

 

You can view the entire set of rules here My link

[WEBASSASSINX]

but if you had a card it expired you renewed it would there be any kind of retroactive status for my situation ... i am getting my 3rd license in the mail soon that will show active from 2009 to 2012 .... this is something that needs to be defined