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Required To Have Card At All Times


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http://www.onmedicalmarijuana.com/2011/12/17/michgan-court-of-appeals-grants-leave/

 

The Michigan Court of Appeals has granted leave in People of the State of Michigan v James Rg Nicholson. Mr. Nicholson was represented by Newburg Law, PLLC in the District and Circuit Court. At issue in this case, whether a medical marijuana patient is required to have, on their person, a medical marihuana card at all times.

 

Mr. Nicholson, who at the time of the incident was a Registered Qualifying Patient was arrested and spent time in jail for possessing less than 2.5 ounces of marijuana in a parked car, in which he was a passenger. His medical marijuana application (which was serving as his card at the time) was not in the car with him but was in his own car. He presented his application to the prosecuting attorney well before the motion and also presented it to the district court at his hearing. The Court, nonetheless, denied the motion.

 

Click here to read Defendant’s Application for Leave to Appeal to the Court of appeals and here to see the Court of Appeals Order granting leave.

 

What is this? Is this really going on? People are going to jail because their card was 10ft away and not in their pocket? What's granting leave mean - that they're going to take the case for appeal...?

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You grasping this? This guy went to jail not because he didn't have his card, but because he didn't have it on his person at the specific moment the police showed up. If this stands cops will be throwing our cards in the trash, and then charging us for not being able to find them.

 

In my car down the road, in my other pants should fly - the point is, you are a LEGAL PATIENT and have the evidence to prove it. The fact you don't have it in your pocket 24/7 (especially with a paper card! bulky!) is NOT an excuse for criminal charges.

Edited by purklize
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Its pretty simple. If your gonna carry meds, you need to carry your card!!!! If you get pulled over in the state of Michigan and you left your wallett with your drivers lisence at home, you will receive a citation for $105 for not having it on your person. My daughter just received one of these tickets last week. If your going to get meds and you forgot your card, GO HOME AND GET YOUR CARD FIRST!!!!! its a simple responsibility folks. Dont give LEO any opportunities to twist the law in their favor. LEO can verify if you have a valid DL but they cannot verify you are a patient allowed to posess meds unless you have your card. Medcnman.

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Nowhere in the law does it say it's a crime to not have it on your person at all times. Of course it's wise to carry it with you, but sometimes you just forget, especially easy when your "card" is a folder full of papers and receipts. It's also inevitable some will lose theirs or have them stolen. Your card is not a silver crucifix for driving off vampire cops, it is proof that YOU are legal to grow and poss. at ALL TIMES. The charges should've been dismissed after he presented his card in court, but were not. And now it's headed for the Court of Appeals, so this could become official policy statewide before long: forget your card, go to JAIL.

Edited by purklize
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It's all about how they are enforcing it - sure they could be cool, let you go grab your card, but do you think they will? I wouldn't count on it.

 

Thanks to Schuette, they are being Robocops & just taking you to jail. Since that is unfortunately the current climate here in Michigan, I would recommend always having your card on you.

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Again, I'm not sure the gravity of this is being grasped. This is not a case of someone getting arrested because they didn't have their card. This is a case of someone's case not being dismissed even when they presented their card in court, simply because they didn't have it when they were found in possession.

 

The cops could throw your card down the gutter after hauling you out of your house, and you would not be able to present a replacement card in court. You would go to prison.

Edited by purklize
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Would it help to write down your number on the back of your proof of insurance in your car just in case and keep a copy in a grow room if you have one ? At least if you can give the number and have valid ID they can check that much . Unlike a DL there is no way to reference the information that your a participant without it . This was suppose to protect one from Federal prosecution and local discrimination based on being a medical cannabis user and conditions . In truth if your disabled , tested , and depend on others it is pretty much impossible to hide from everyone and guarantee others won't speak of it .

 

I would think any reasonable person in Michigan would know what they are doing in this case is wrong and politicians should be denied office in their next elections . It is very scary as a patient trying to obtain medical benefit to hear of these events daily . I find it hard to believe how cruel and non understanding many individuals are who run our system of Government . We are doing this to try to solve often terrible suffering and situations where we haven't improved in years , even decades or have terminal conditions .

 

People who profit from illegal cannabis and from enforcing rules against it are doing everything they can to create the belief patients cannot conduct this program in a orderly and reasonable manner . The way patients are being attacked they seem to be doing pretty well considering it is coming from all directions , their sick , trusting individuals in compromised situations - vulnerable . Shame on people whom take advantage of that .

Edited by Croppled1
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On the grow room, it is ok to write your current MDCH MMMP registry # on a sign. I also photocopy the ID for the sign too.

 

Think of it like your CCW - if you are going to carry it, you better have the ID card.

 

If you are not carrying it, it is ok to leave it at home - so it cannot be spotted by LEO during a traffic stop.

 

DN

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The bottom line is if you have meds then yes you should have your card. Now if you happen to not have your card on you then you can be arrested because they cannot verify it. BUT when you show the prosecutor the card before court that should then end it or at least when you show it to the judge then your protection from prosecution should then kick in. Bottom line is if you have meds at anytime with you then you BETTER have that card.....

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BUT when you show the prosecutor the card before court that should then end it or at least when you show it to the judge then your protection from prosecution should then kick in.

 

In this case, showing it did not end it. The court ruled that if you don't have your card when you're "caught," it will have no effect ever. His motion to dismiss was DENIED. :thumbsd:

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