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Using Mmj As A Defense


TaintedEvil
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Hello all. In late September I was charged with misdemeanor possession of marijuana and I had my arraignment last week. My next court date is the 21st. Some of you may remember me posting a topic about this but it got deleted somehow. Anyways, I went to the doctor and have got the paperwork but haven't mailed it in yet cus Im tight on money. I'm just wondering if it would be to my benefit at all to bring up the fact I have paperwork that shows I have a medical reason for using cannabis. My Lawyer told me it wouldnt help at all and that if I try to fight it, it might make it worse and he said I should just take a 7411 or a HYTA. Its complicated because hes my dads friend and I'm getting his services for free, but I think hes just trying to scare me off of using it, so I don't entirely trust him. I just want to know if it would help at all, and if I should get a new attorney. Thanks, Matt.

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seems, in most courts, getting the card after the fact becomes a mute point, to the court, even though on the ballot when we passed the bill, the proposal clearly stated, allowing MMJ to be an allowable defence for both recommended and non recommended patients (ie those that have not yet been certified at the time of arrest).

 

So in lieu of that, having been arrested prior to being certified (regardless of registered with the state) puts you outside of the medical defence offered via the 08 MMM Act in Most judges eyes, and if not in their, then AG Bill Schuitte will step up and help or take over prosecution, even though the publics intention was for that to NOT happen.

 

and yes, if you try to use it, most judges will not allow you to even mention medical marijuana patient, even IF you are a card holder.

 

im not a lawyer, but i have some personal experience here.

how much did you have? what was the general situation, without being too detailed, but enough to get a good idea of how things went down.

 

an 8711 can be a good option, If you have no other option available, like say illegal search. or the cop saying he just Smelled marihuana, opposed to seeing a bag in plain site ect.

 

you may have good options available depending on the situation. but we need to know a bit more detail before anyone can really say.

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Well there was no illegal search or anything, he stopped for an investigative stop and saw a bowl packed in the center console of my car, and I had more than 2g but less than an 1/8th on me. So I dont think theres a question of the charge being inaccurate. I wasnt actually arrested btw, dont know if that makes a difference, but I just got a ticket for misdemeanor. Basically he stopped by our car in the parkin lot ( I know it was stupid to be in public driving around so I dont need to be told that), he got out walked up the passenger side and said hey guys whatcha doin, then he was shinin his light around, and saw it. From that point I believe he had the right to search my car so I just told him it was in the trunk. I ended up losing 2 glass pipes, a grinder, and a couple grams of mj.

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where were you at? what city?

 

ya, that sounds like reasonable cause, though i would have to question his Authority to just walk up and ask you what you are doing just setting in a parking lot.

maybe you were waiting for a ride to pick up someone with you, maybe you were texting, dont want to text and drive now do we?

 

 

 

i would be greatly interested in his Probably Cause?

 

seeing smoke in a car with someone setting in it, is NOT probable cause.

 

seeing two people setting in a car in a parking lot itself is not probable cause to "Do a Walk Up investigation", even in a public parking lot?

 

at any rate, if you were in Ann Arbor say, it maybe a pay a ticket and be done with it.

if you were in Midland on the other hand, you may want to take the 8711 if you cant pay the lawyer fees. Would at the minimum be worth a call to the ACLU about it. i think hey are seeking Mj and MMJ related cases to counsil here in michigan, though they may have certain criteria they are looking for.

 

before you do ANYTHing, fully inspect all your options first.

 

way to many just take the easy road out.

 

the one thing about the 8711, is it is a One Time 1st Offense Deal only. so if you fight this, and lose, and ever get caught again, even with a seed, and not have a card, the 8711 is off the table.

BUT with the recent win by Neil Rockland on the decision of the district judge that Cannabis is not rightfully a schedule 1 here in Mi, you options May of opened up tremendously.

 

you may want to call Michael Kormorn, or Neil Rockland about your case.

maybe even bring up this fact to your current lawyer. he may be unaware of it.

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You mean "probable cause" and the cop does not need it to walk up to a car window and ask a question. Cops have the same rights as everyone else.

 

The cop was in a place where he had every right to be (i.e. outside the car window) be and saw the pipe which is the "Plain View" exception to the 4th Amendment search requiremnt of probabe cause. You may argue that a pipe sitting in plain view does not give probable cause to do a search but good luck with that.

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You mean "probable cause" and the cop does not need it to walk up to a car window and ask a question. Cops have the same rights as everyone else.

 

The cop was in a place where he had every right to be (i.e. outside the car window) be and saw the pipe which is the "Plain View" exception to the 4th Amendment search requiremnt of probabe cause. You may argue that a pipe sitting in plain view does not give probable cause to do a search but good luck with that.

 

Yeah I'm not going to question his right to search the car because even if I could I consented to the search. I will give Komorn a call Monday and see what he thinks. Thanks for the replies btw guys, appreciate it.

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