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Seeking Advice


arind789
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This is my first post here, hopefully I do this right. I have a med card from Colorado where I am a resident, I am currently staying with my father in Michigan.

 

The other night an officer walked up to me sitting in my car in a parking lot. He said he smelled marijuana and wanted to search my car, he found nothing in my car, then searched me and found my pipe in my coat pocket. I showed him my card and after running my info, he returned and said I needed a Michigan card, and that it will be up to the prosecutor, but he may decide to charge me with possession. Residency prevents me from being able to get a card here, however wouldn't my valid Colorado card be usable to prove I have a doctors recommendation, and therefore be usable as Affirmative Defense under section 8 (1) of the MMMA? I don't know what to do at this point, any advice would be greatly appreciated.

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our law DOES have a visiting patients clause.

 

did you give the cop authorization to search your vehicle or your persons? if you did not, it is an illegal search. were the keys in the ignition or was the car running, even if just for the radio at the time?

 

if you did, you SHOULD be ok under our visiting patient clause in our law, unless you had more the 2.5 oz on you at the time. Did you have anything besides the pipe? and medicine with you at the time, or was the pipe all that was found?

 

hate to say it but i would call either Michael Komorn, or Matt Able, both very qualified lawyers that specialize in MMJ cases.

 

hate to say it, but your the 1st visiting pt i have heard of having an issue.

 

with our current AG, he may wish to try to make an example of you. i would immediatly call a Lawyer and get on the phone with the ACLU. the ACLU (american Civil Liberties Union) would probably Love to hear from you on this matter, and may be willing to go to bat with you should this matter progress further.

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Thanks for the responses.

 

the pipe was the only thing I had, there was no marijuana, and I had not been smoking that day.

 

When the officer came back he had me read part of the card that says valid only in Colorado, I was under the impression Michigan accepted all out of state cards, am I mistaken in this?

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he was ignorant of OUR Law, or he was being a prick, or they (LEO) was intructed to push the issue when they find an out of state pt to make an expample of. not sure which im sorry to say.

 

though Colorado doesnt have a visiting patient law (i dont think anywayw) We do. so even though your card say Valid in Colorado only, its mostly because Colorado wrote it that way.

 

that in no way should leave you accessable for presecution as Mi does have a visiting pts law.

 

(k) "Visiting qualifying patient" means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days.

 

(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

 

 

 

these are taken directly from our Mi Law. I would take a copy of the law as it stands and keep it on hand, read it and get to know it better than the back of your hand.

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The wording of our law, and the wording on your card creates a conflict. If your card did not state that it was valid only in Colorado, you would be ok. With that on there, the bill scheutte reasoning comes in to play. Talk to a Lawyer.

 

(j) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

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but what (j) says is if someone is authorized for Medical Cannabis use in ANY other state, regardless of that states law or wording, that visiting patients WILL be treated as if they were a Michigan Citizin with a Michigan Medical Marihuana Card.

 

but yes i agree. this is what Shuitte is probably hopeing for, so he can set an example to anyone out of state looking to come here and drop cash when they are in state visiting.

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