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Troopers Jail Driver In Clare County For Possessing Medical Marijuana Without State-Issued Card

bobandtorey

By bobandtorey
in The Michigan Justice System

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bobandtorey Advanced Member

bobandtorey

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GRANT TWP. — State police said a motorist in Clare County said he had medical marijuana in his pickup truck during a traffic stop Saturday night, but he didn’t have the required state-issued card allowing him to possess the pot.

 

So troopers said they took the driver to jail for possession of marijuana following the stop along US 127 after 8 p.m. Saturday. The motorist resides in Alba in Antrim County.<BR sb_id="ms__id384">

 

“He advised us he had medical marijuana, but he had no card,” said Trooper Erica Somers of the Michigan State Police post at Mount Pleasant.

 

The man told police he had been diagnosed with a medical condition, and didn’t believe he was breaking the law by possessing the marijuana, according to Somers.

 

“He had filled out all the paperwork but he hadn’t been approved yet, so technically he had the marijuana illegally,” said Somers, saying troopers stopped the vehicle in southern Clare County for several reasons.

 

“He was missing a tailgate on the pickup truck, he had a GPS device (attached to) his windshield which is a vision obstruction and he had loud muffler exhaust,” Somers said.

 

Somers didn’t release the driver’s name but said he has been arraigned in court on the marijuana-possession charge.

 

In Michigan, marijuana can be used to alleviate the symptoms of certain illnesses if someone sees a doctor and gets a state-issued card.

 

Following voter approval of Michigan’s 2008 medical marijuana law, dispensaries of medical marijuana have cropped up across the state.

 

The Alba man refused to tell state police where he obtained the marijuana, Somers said.

 

Somers said that when troopers asked the driver if he had any weapons, narcotics or marijuana in his vehicle — “the same questions we ask everybody” — the driver stated he had marijuana.

 

“He was honest with us. He cooperated with us,” Somers said.

 

 

http://www.mlive.com/news/saginaw/index.ssf/2011/08/troopers_jail_driver_in_clare.html

 

 

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Ten4GoodBuddys Advanced Member

Ten4GoodBuddys

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Test case on 21 day rule. in my opinion.

 

I speculate that among the things discussed by the Attorney Generals rendevoux with Law Enforcement this past weekend at Mackinaw Island was not only aid in identifying drugged drivers, but also a shopping list test cases or "things to watch for". If you put the clauses in the law in one column and next to that you put the cases that are now on the docket I'd you will start to see cases for each clause.

 

Again this is just speculation, but I also speculate I am correct.

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donnachris Advanced Member

donnachris

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Now I have a question. I was under the assumption, and I know about assuming, that as long as you had the recommendation from the doctor that you did not need to send it to the state. But then that contradicts the 20 or 21 day waiting period. So am I right, do you need to send the recommendation to the state???

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CedarSpringsCG Advanced Member

CedarSpringsCG

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To qualify for section 4, where you aren't even supposed to be arrested, you need a card. Section 8 all you need is a Dr Rec according to the law. But in section 8, it is a defense in court, not a license to carry. Section 8 forces you to stand in front of a judge or Jury and hope they agree with you.

 

So, to be acquitted, all you need is a Dr Rec. But as I said, that doesn't prevent arrest, prosecution, or loss of meds. All it does is afford you a way to avoid getting convicted.

 

Best bet is to have a card, if you have a card, or 21 days after sending in paperwork, then you shouldn't even be arrested.

 

Now, if they really want to push this having the hard card, I would almost love to be busted for it, 3 months after sending in my paperwork, I would sue the hell out of the state. For not sending the card out in the allotted time in the law, they are the cause for me not having my card, which would be the only reason for my arrest, prosecution, and possible conviction, it would be worth millions. If the law didn't say they have 20 days to return a card to you, then no lawsuit, but it does say it, so long as you can prove you sent it in, and there was no denial letter.

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S_C Advanced Member

S_C

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The article didn't say whether or not he had his paperwork, it only mentioned the lack a card.

 

" State police said a motorist in Clare County said he had medical marijuana in his pickup truck during a traffic stop Saturday night, but he didn’t have the required state-issued card allowing him to possess the pot."

 

“He advised us he had medical marijuana, but he had no card,”

 

“He had filled out all the paperwork but he hadn’t been approved yet, so technically he had the marijuana illegally,”

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Kingpinn Advanced Member

Kingpinn

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He's in luck from what my attorneys tell me he will have more protections than a card holder such as myself. So to you sir puff puff pass pass no problem

GRANT TWP. — State police said a motorist in Clare County said he had medical marijuana in his pickup truck during a traffic stop Saturday night, but he didn’t have the required state-issued card allowing him to possess the pot.

 

So troopers said they took the driver to jail for possession of marijuana following the stop along US 127 after 8 p.m. Saturday. The motorist resides in Alba in Antrim County.<BR sb_id="ms__id384">

 

“He advised us he had medical marijuana, but he had no card,” said Trooper Erica Somers of the Michigan State Police post at Mount Pleasant.

 

The man told police he had been diagnosed with a medical condition, and didn’t believe he was breaking the law by possessing the marijuana, according to Somers.

 

“He had filled out all the paperwork but he hadn’t been approved yet, so technically he had the marijuana illegally,” said Somers, saying troopers stopped the vehicle in southern Clare County for several reasons.

 

“He was missing a tailgate on the pickup truck, he had a GPS device (attached to) his windshield which is a vision obstruction and he had loud muffler exhaust,” Somers said.

 

Somers didn’t release the driver’s name but said he has been arraigned in court on the marijuana-possession charge.

 

In Michigan, marijuana can be used to alleviate the symptoms of certain illnesses if someone sees a doctor and gets a state-issued card.

 

Following voter approval of Michigan’s 2008 medical marijuana law, dispensaries of medical marijuana have cropped up across the state.

 

The Alba man refused to tell state police where he obtained the marijuana, Somers said.

 

Somers said that when troopers asked the driver if he had any weapons, narcotics or marijuana in his vehicle — “the same questions we ask everybody” — the driver stated he had marijuana.

 

“He was honest with us. He cooperated with us,” Somers said.

 

 

http://www.mlive.com...r_in_clare.html

 

 

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