Oakland County Grow Felony Charge

[thatoneartist]

How did they get the warrant? Did someone get pulled over leaving your house? Did neighbors call it in? Are you running 5000+w to make your bill huge? Did they follow you home from a hydro store? Theres got to be some details missing as to why this happened

 

 

doesn't matter.

[thatoneartist]

It is your life but I agree with Bob. Even if you were outside of Section 4 you are clearly covered by Section 8. In king the COOA had to connect section 4 via Section 7 to defeat a Section 8 defense, but I think it will give you leverage. Oakland County does not want Medical Marijuana to go before a jury. It is your freedom that hangs in the balance. The system is corrupt in Oakland County. Do what you think is best.

 

 

right and it won't...because as of right now we can't mention "medical"mj at all

[CleanD]

right and it won't...because as of right now we can't mention "medical"mj at all

 

 

i don't get this at all... heard about it with the other case as well... just doesn't make any sense to me that you can not make a statement on your own behalf, in your own defense... even if, it is just a personal statement. as a layperson to the law, this just seems to defy reason... that a person cannot speak in their own defense. i'm hoping you run across someone reasonalbe within the system, cuz it really does seem rigged up there. darn dude... at the very least, sending you some green vibes man. gl bro.

[CleanD]

what happens if you refuse this order by the court, and actually speak to the medical marijuana? i mean, if they are going to absolutely convict & sentence if you don't, what is the cost to trying?

[peanutbutter]

they had a warrant. so they broke the LOCKED door down

 

I see .. so the grow has to be secure enough that the police can't get in to qualify for a section eight defense.

 

Got it ..

[bobandtorey]

I'm getting charged with p2p

 

sorry

but do they have Prof of that?

did you sell to under covers?

i sent you a PM with my #

[FLOWERING ANNUALS]

How did they get the warrant? Did someone get pulled over leaving your house? Did neighbors call it in? Are you running 5000+w to make your bill huge? Did they follow you home from a hydro store? Theres got to be some details missing as to why this happened

Is 5000 watts the magic number for getting attention? Just wondering. If you have any links to info on that please post.Have a nice day!

[thatoneartist]

what happens if you refuse this order by the court, and actually speak to the medical marijuana? i mean, if they are going to absolutely convict & sentence if you don't, what is the cost to trying?

 

i would be held in contempt of court. I have heard of people in Mi freaking out and yelling in an open court and it actually helping them. but I'm not sure if i have the guts to do that or if it would actually help me. the jury is going to be intimidated and i don't see me winning. Nor do other neutral party lawyers

[michiganmedclones]

doesn't matter.

 

Great attitude for someone trying to help you out. Sounds like we don't know everything and therefore we can't tell you what to expect. Don't ask for help and then not be willing to help me help you.

 

Good luck.

 

Is 5000 watts the magic number for getting attention? Just wondering. If you have any links to info on that please post.Have a nice day!

 

No. There is no magic number but we all know LEO likes to talk to dte to see how much you're using, if you have a 2000 sq ft house and your bill is 1000 a month unless you have 2 hot tubs and a basement full of fish tanks theres no reason to use that much. Some people say they cant use it, the problem is they do use it in court and its a risk I'm not willing to take. The amount of power you use to your house is all realitive to the size of your house and if you have an excuse as to why its so high

[Timmahh]

strat going crazy freaking out saying but the voices tell me that im a Medical Marihuana Patient. they wont stop screaming in my head. and keep it up. say things like. loudly but as if trying to be quiet. HSHHH i dont want to get kicked out... SHHH i know im a card holding medical marihuana patient in michigan but you need to be quite...

 

just act a bit lost under the stress of it all.

 

may find you in contempt, may find you need to see a psychologist for a few months.

 

might get you locked up, or in a padded room for a few months.

 

may just get the jury to see your ill and your prosecution is absolutely WRONG. regardless of the scenario, but with it being as timid and non violent as being in your own home, with medical cannabis.....

 

this is not good advice. and i dont suggest anyone do it.

but tough times call for tough measures, this is just one crazy, but perhaps plausible option.

[tutman2006]

DO NOT TAKE A DEAL. Don't let the courts make you scared and trick you. Fight!

 

If the house was locked your good.

 

I have a door knob that is always locked in my hobby area. If the door is closed it’s locked. You need a key to open the door each time. Lowes sells them for $30 bucks. The door knob is called a storage room type. It’s difficult to forget to lock the door if it’s always locked (as long as the door is closed). Having issues remembering to close the door?? Put an automatic door closer on it. Problem solved and dummy proof that works even if you’re stoned.

 

 

---- THIS IS FOR EVERYONE -------

 

If you don't understand the law or you don't know your rights and how to handle the police, you should not be a caretaker (unless you just don't give a darn).

 

 

----------

 

Know your rights. Know that keeping silent is the best policy (since it’s your right). Know what to do if the cops come to your door where you grow. Happens all the time. Neighbor complains about the smell of weed and the cops are obligated to investigate. Do you know what to do when the cops show up?? Really folks come on!

 

I'm not trying to be harsh and I feel bad that you have this ordeal, but know your rights man, know your rights and the law.

 

I highly advise anyone who are not sure of their rights to consult an attorney on what to do when the cops come knocking.

 

 

how to handle cops at the door (30 seconds)

 

don't talk to cops part one 1 ( a MUST WATCH ) take notes if you have to. HIGHLY RECOMMENDED TO WATCH!!!!!!!!!!!!!!!

 

don't talk to cops part 2 just as important!! highly recommended all to watch!!!

 

Please, because all these F--K ups are giving the medical MJ a bad name!! and giving Bill Shillthy head more ammo to take away this movement from everyone!

[bobandtorey]

start going crazy freaking out saying but the voices tell me that I'm a Medical Marihuana Patient. they wont stop screaming in my head. and keep it up. say things like. loudly but as if trying to be quiet. HSHHH i don't want to get kicked out... SHHH i know I'm a card holding medical marihuana patient in Michigan but you need to be quite...

 

just act a bit lost under the stress of it all.

 

may find you in contempt, may find you need to see a psychologist for a few months.

 

might get you locked up, or in a padded room for a few months.

 

may just get the jury to see your ill and your prosecution is absolutely WRONG. regardless of the scenario, but with it being as timid and non violent as being in your own home, with medical cannabis.....

 

this is not good advice. and i don't suggest anyone do it.

but tough times call for tough measures, this is just one crazy, but perhaps plausible option.

 

i agree we are about to be back inn court soon and if we can't say the word medical i will have no choose as long as your plant count was right meaning you had cards or paper work you can't lose

[thanks2]

The problem with a plea is that if the supreme court comes out with a favorable decision, you have already admitted guilt to another crime. So the decision will not help you. If you do not take a plea, any positive decision could help you. A judge is not allowed to decided if a house is a locked enclosed facility, that is the job of a jury. Also, if you dispute the weight, it is the job of the jury to decide if the police have their thumb on the scale or not. P2P is the bummer, we need the supreme court to come down in our favor. If P2P can be disputed, that is also the job of the jury to decide if it happened. Wish you the best of luck. If the prohibitionist could only understand they are causing most the problems and the well funded true criminals.

 

Many prohibitionist are suppose to be educated, I guess they skipped 19th century U.S. history. Too bad, the U.S., the people, and the constitution are suffering at the hands of their ignorance.

[thatoneartist]

The problem with a plea is that if the supreme court comes out with a favorable decision, you have already admitted guilt to another crime. So the decision will not help you. If you do not take a plea, any positive decision could help you. A judge is not allowed to decided if a house is a locked enclosed facility, that is the job of a jury. Also, if you dispute the weight, it is the job of the jury to decide if the police have their thumb on the scale or not. P2P is the bummer, we need the supreme court to come down in our favor. If P2P can be disputed, that is also the job of the jury to decide if it happened. Wish you the best of luck. If the prohibitionist could only understand they are causing most the problems and the well funded true criminals.

 

Many prohibitionist are suppose to be educated, I guess they skipped 19th century U.S. history. Too bad, the U.S., the people, and the constitution are suffering at the hands of their ignorance.

 

 

but the judge did decide that a house is not a locked enclosed facility when he took away my medical defense already

[Timmahh]

that judge is a tyrant. not suggesting what you should do.

but if it were I your in it already. you may as well stay in it to win it. i would as long as i could breath and bunny muffin.

 

id take it to the US Supreme Court if i had to.

 

a locked house is a secure facility. if it wasnt, then no one would ever be able to be charged with Breaking, meaning forcible illegal entry, in Breaking and Entering, even if a house was locked with all windows barred. if it was not locked and secured, it would not be breaking and entering, but unlawfull or illegal entry. big difference if you ask me or anyone charged with either crime.

 

 

it does not matter if someone lives in the house with you, and if your grow room doors are not locked, as long as the grow area doors are Lockable. the Act has a section to cover those that live with you, wife, children, room mate, significant other, if they are not a card holding member, thus THEY are protected from being arrested and charged and used to get to you.... that offers you protections as well. so saying a house is not secure due to others just living in the home is not the way the Act reads, nor the way it should be ruled on in court. By the same token, it implys as long as the entire home is secure, then anything in side is considered secure as well.

333.26424:

(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

this one part of the act, SHOULD protect ANYONE in the house legally, whether or not they are a Patient or Caregiver Authorized Card holder. This means anyone in your domicile, can help with a Patients Medical need, and not even be a registered Caregiver or other registered Patient.

 

basicallly, this law protects your wife, child, partent, family that lives in the same address as a Card holding Pt or CG from unlawfull arrest for being around or in the Vacinity (domicile) of a Registered Pt or CG.

 

this implys any one lawfuly in the home, is not subject to penalty or arrest for being there. That implication further supports the requisite, the grow facility only needs to be Lockable, but does not imply it MUST BE LOCKED to be secure. if your room in in another building, like your home, as long as the home is secure, then the grow facility is secure, regardless of Who is in the domicile.

 

this is what the law is saying to me, and it says it pretty clearly.

 

 

Seems this would be an angle that should be explored by legal counsel, as it seems a logical step to get to for even the most uneducated Citizens.

[thatoneartist]

that judge is a tyrant. not suggesting what you should do.

but if it were I your in it already. you may as well stay in it to win it. i would as long as i could breath and bunny muffin.

 

id take it to the US Supreme Court if i had to.

 

a locked house is a secure facility. if it wasnt, then no one would ever be able to be charged with Breaking, meaning forcible illegal entry, in Breaking and Entering, even if a house was locked with all windows barred. if it was not locked and secured, it would not be breaking and entering, but unlawfull or illegal entry. big difference if you ask me or anyone charged with either crime.

 

 

it does not matter if someone lives in the house with you, and if your grow room doors are not locked, as long as the grow area doors are Lockable. the Act has a section to cover those that live with you, wife, children, room mate, significant other, if they are not a card holding member, thus THEY are protected from being arrested and charged and used to get to you.... that offers you protections as well. so saying a house is not secure due to others just living in the home is not the way the Act reads, nor the way it should be ruled on in court. By the same token, it implys as long as the entire home is secure, then anything in side is considered secure as well.

 

333.26424:

(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

this one part of the act, SHOULD protect ANYONE in the house legally, whether or not they are a Patient or Caregiver Authorized Card holder. This means anyone in your domicile, can help with a Patients Medical need, and not even be a registered Caregiver or other registered Patient.

 

basicallly, this law protects your wife, child, partent, family that lives in the same address as a Card holding Pt or CG from unlawfull arrest for being around or in the Vacinity (domicile) of a Registered Pt or CG.

 

this implys any one lawfuly in the home, is not subject to penalty or arrest for being there. That implication further supports the requisite, the grow facility only needs to be Lockable, but does not imply it MUST BE LOCKED to be secure. if your room in in another building, like your home, as long as the home is secure, then the grow facility is secure, regardless of Who is in the domicile.

 

this is what the law is saying to me, and it says it pretty clearly.

 

 

Seems this would be an angle that should be explored by legal counsel, as it seems a logical step to get to for even the most uneducated Citizens.

 

 

hmmmm

[Timmahh]

as you know, the way we see things is Not how others see them, espeicaly their.

 

it should be worth asking your attorney about? maybe its an angle not thought of, or perhaps it just has no clout to it, but impo, and im not a lawyer, it seems their is an avenue in there for redress.

 

its a big risk you have to take at any angle....

 

but if you can say your a medical pt because the grow room door was not locked, but the house was, then i would go for an all out attack. bring up how the door was lockable, but not locked as the house was locked.

 

if you can not say you were a medical marihuana patient, they i would get it in that your illness was authorized by the state for use of non pharmacutical, Natural Medication.

 

therefore the jury hears your authroized by the state for an illness and are not using normal prescription medication.

 

whats the worst that can happen here, jail time with no desert?

 

not trying to make light of your current situation, but it sounds like youve been run thru the mill already, and need to bring it. Or your counsel does.

[The Digital Nomad]

the worst that can happen is contempt of court, where you sit in jail outside of the courtroom for speaking out of line. The jury will be told to ignore any reference you make to medical use or medical defense.

 

I assume there is a photo of your front door, smashed to bits by the raiders - this should be blown up and shown to the jury - as the exploded door shows that the raider had to defeat a locked door. IMO -- This is why you should never open your front door to a raiding team, let them take your front door, and the door to the grow room - the violence they use will show that you did not consent to the raid, that it was locked and secure - that your house had to be exploded to get in.

 

I also agree, if you accept a plea, there is no reversal if the law is clarified later with another case, COA ruling, or supreme court decision. Once you plea, you sign away any rights to change the verdict - because you agreed to it.

 

Good Luck

 

DN

[peanutbutter]

the worst that can happen is contempt of court, where you sit in jail outside of the courtroom for speaking out of line. The jury will be told to ignore any reference you make to medical use or medical defense.

 

I assume there is a photo of your front door, smashed to bits by the raiders - this should be blown up and shown to the jury - as the exploded door shows that the raider had to defeat a locked door. IMO -- This is why you should never open your front door to a raiding team, let them take your front door, and the door to the grow room - the violence they use will show that you did not consent to the raid, that it was locked and secure - that your house had to be exploded to get in.

 

I also agree, if you accept a plea, there is no reversal if the law is clarified later with another case, COA ruling, or supreme court decision. Once you plea, you sign away any rights to change the verdict - because you agreed to it.

 

Good Luck

 

DN

 

The problem is that the jury doesn't understand the "locked" issue is the entire reason for the trial. The ENTIRE reason that "medical marijuana" can't be mentioned at all.

 

The jury assumes there is a reason the mmj law doesn't apply.

[+budhabit]

We can't talk about "medical" marijuana so I don't see how I can possibly walk

 

I Would still mention that your grow was licensed Medical Marijuana in court and take the contempt of court charge so the truth can be heard

[thanks2]

but the judge did decide that a house is not a locked enclosed facility when he took away my medical defense already

I guess the judge considers it a question of law, which means he can decide. Questions of fact, a jury must decide. As for case law, in KP's case they said no one can have access, so if you have a wife and kids he may have had a right to make the decision. If you live alone and take other measures to "secure" your grow when someone is over or never have anyone over, then no one has access and the judge decided wrong. whether someone did have access seems like it could be disputed and fall under a question of fact, not law, so then a jury has to hear the medical defense. If no "reasonable" jury could ever decide no one had access, then it falls back to the judge again. Your lawyer could try an interlocutory appeal on the "closed locked facility" decision, but you have to be able to make a good case that no one ever had access to your grow. There has been a number of cases were they did file interlocutory appeals on the banning of the medical defense based on a judges incorrect decisions.

[michiganmedclones]

Let's go back to the foundation of the case;

 

What did it say on the warrant?

 

 

I've already asked the OP this, he said "doesn't matter." There is something were not being told by the OP which could greatly help us help him but he doesn't seem that desperate for help. Its a shame too I'm in Oakland county and would like to know the tactics they're using to get in but our OP here just wants help from us without giving anything to us. He’s not the only CG in Oakland county and he could at least give the others on here some facts. You've been charge the warrant has been served, you stating what the warrant had on it doesn’t admit responsibility what so ever it lets us know what type of angle they're going after and how to defend against it. No point in trying to help someone who doesn't want to be helped it seems like he’s just looking for some attention at this point for whatever reason.

[thanks2]

I've already asked the OP this, he said "doesn't matter." There is something were not being told by the OP which could greatly help us help him but he doesn't seem that desperate for help. Its a shame too I'm in Oakland county and would like to know the tactics they're using to get in but our OP here just wants help from us without giving anything to us. He’s not the only CG in Oakland county and he could at least give the others on here some facts. You've been charge the warrant has been served, you stating what the warrant had on it doesn’t admit responsibility what so ever it lets us know what type of angle they're going after and how to defend against it. No point in trying to help someone who doesn't want to be helped it seems like he’s just looking for some attention at this point for whatever reason.

You should not push anyone to post something they are not comfortable posting when they are in the legal mill, their life is on the line. Less is considered more when you are defending yourself against those who will twist every word you say to defend yourself into self incrimination. The utmost caution should be taken.

[michiganmedclones]

You should not push anyone to post something they are not comfortable posting when they are in the legal mill, their life is on the line. Less is considered more when you are defending yourself against those who will twist every word you say to defend yourself into self incrimination. The utmost caution should be taken.

 

 

I 100% agree with that. I wasn't asking for testimony, I was asking as to WHY they kicked the door in. Everyone posting in here is basically guessing at this point, and he asked what he’s looking at for consequences, how can you predict a consequence for something that you don't know what the infraction is? Anyone guessing at this point is giving the OP bad advice because their thoughts are solely opinions based on their own. If there were facts that the search warrant was for suspected p2p violation due to an arrest of a patient etc then you can look at cases that have similar infractions and at least venture a guess as to what may happen to the OP, without vital information this is going to turn into a pissing contest until the someone actually knows the details. That’s all I have for this thread, good luck OP I would have loved to at least do some research and try to help figure out what they could sentence you to, and how to defend the charges but I can't without the information.

[peanutbutter]

The only things the OP should leave out are those things that could harm their case in court.

 

The warrant has a reason written right on it and passing that info on doesn't hurt their case in court. It could hurt their case here for public opinion, which should be secondary to helping other patients/caregivers here. In other words... fess up and help us.

Very wrong .. ANYTHING at all can be twisted against you in court.