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Felony Charges From Mm Grow Gone Wrong

thatoneartist

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peanutbutter Advanced Member

peanutbutter

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I wish I can wait to get sentenced till November after we hopefully make it legal

 

Matt Abel answered that last night.

 

If you are in the system, and haven't had that word "guilty" said yet, all marijuana charges are gone.

 

You can't be convicted of a law that doesn't exist. Even if it used to exist.

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thanks2 Advanced Member

thanks2

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If I remember your case, wasn't it due to driving under the influence of MJ? I just recall something about a car... Or was it they found a partial joint in your ashtray... they *might* still hit you with DWI if they have any evidence you were under the influence.

He was denied the medical marijuana defense because of not having the plants locked. It was in the house, a locked and enclosed facility, but he had a roommate that was a patient with a card that had expired. Since he had no defense, he plead.

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CedarSpringsCG Advanced Member

CedarSpringsCG

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Ahh sorry, wrong case obviously...

 

wait, that makes no sense, if the roommate had a card previously, then the roommate should have a section 8 defense at least, and if the roomate is a patient under section 8 then he should be fine...

 

If you already plead out, your already guilty, they won't undo judgements already made, even if sentencing hasn't been done... Might be able to get it vastly reduced because if it passes.

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bobandtorey Advanced Member

bobandtorey

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That is sad and is not what the people of this great State wanted or voted for we all know that people just don't know what will happen to them after a raid and being inn the system for so long they(the state) will take your life as you no it

we feel for the new people that are getting their Rec: and their cards because if they knew what i know about the courts at least inn Oakland County they would never do it because it is useless to have a Rec: or a card.

it will be over for us soon i think it had already had been long ago i just wanted to keep fighting for all the sick people here and the 63% i just hope that they wont give us to much Jail time because i still have a 86 year old Mom to take care of

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thatoneartist Advanced Member

thatoneartist

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Matt Abel answered that last night.

 

If you are in the system, and haven't had that word "guilty" said yet, all marijuana charges are gone.

 

You can't be convicted of a law that doesn't exist. Even if it used to exist.

 

 

Dam that sux cause I plead guilty a few weeks ago. I'm getting sentenced Feb 21st. Even if I kept fighting it and went to Supreme court...I bout I can get it delayed another 9 months until it's hopefully legal. Besides....I'm not sure I have the 15k to keep fighting

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bobandtorey Advanced Member

bobandtorey

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Dam that sux cause I plead guilty a few weeks ago. I'm getting sentenced Feb 21st. Even if I kept fighting it and went to Supreme court...I bout I can get it delayed another 9 months until it's hopefully legal. Besides....I'm not sure I have the 15k to keep fighting

 

That is sad and is not what the people of this great State wanted or voted for

 

also good luck

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CedarSpringsCG Advanced Member

CedarSpringsCG

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Unfortunately really the law works by what was the law when the crime was committed. And it goes both ways. For instance, if there is no law against peeing in the street, and you pee in the street and some politician sees you, thinks its disgusting, and writes a law on it the next day, well it wasn't illegal when you did it so you can't be arrested for it afterwards.

 

Same goes the other way. If you pee in the street when there is a law against it, and are charged with it, and then they repeal the law, you can maybe argue your way out of it, but, you commited a crime when the law was on the books. Now in sentencing, you can say, but judge, look at how things are now... and he might take pity on you. However you still broke the law.

 

Having it that you plead guilty, you have been convicted and you are just awaiting sentencing. You are unfortuantely done, you just haven't paid for it yet.

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peanutbutter Advanced Member

peanutbutter

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Unfortunately really the law works by what was the law when the crime was committed. And it goes both ways. For instance, if there is no law against peeing in the street, and you pee in the street and some politician sees you, thinks its disgusting, and writes a law on it the next day, well it wasn't illegal when you did it so you can't be arrested for it afterwards.

 

Same goes the other way. If you pee in the street when there is a law against it, and are charged with it, and then they repeal the law, you can maybe argue your way out of it, but, you commited a crime when the law was on the books. Now in sentencing, you can say, but judge, look at how things are now... and he might take pity on you. However you still broke the law.

 

Having it that you plead guilty, you have been convicted and you are just awaiting sentencing. You are unfortuantely done, you just haven't paid for it yet.

 

A law is considered retroactive in nature when it is a remedy. When it reverses something.

 

So there is a very strong possibility that not only would people on trial have their cases dismissed, it is likely that many would get out of jail that have already been convicted.

 

Let my people go.

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bobandtorey Advanced Member

bobandtorey

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A law is considered retroactive in nature when it is a remedy. When it reverses something.

 

So there is a very strong possibility that not only would people on trial have their cases dismissed, it is likely that many would get out of jail that have already been convicted.

 

Let my people go.

 

 

it's just to bad that it does not work that way we all wish it did IMHO

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  • 2 weeks later...
Medcnman Advanced Member

Medcnman

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so really...if i get sentenced to more than 9 months in a couple weeks here. I hopefully will get pulled out of jail if it becomes legal in 9 months...? no?

I wouldnt count heavily on that. If the law had been properly implemented in the first place, you probably wouldnt be in this situation. Medcnman.

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purklize Advanced Member

purklize

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He was denied the medical marijuana defense because of not having the plants locked. It was in the house, a locked and enclosed facility, but he had a roommate that was a patient with a card that had expired. Since he had no defense, he plead.

 

I'm confused by this... what happened? He got in trouble for his roommates plants?

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bobandtorey Advanced Member

bobandtorey

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I'm confused by this... what happened? He got in trouble for his roommates plants?

 

He was denied the medical marijuana defense because of not having the plants locked. It was in the house, a locked and enclosed facility, but he had a roommate that was a patient with a card that had expired. Since he had no defense, he plead.

thats is how it happened

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motownbass Advanced Member

motownbass

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He was denied the medical marijuana defense because of not having the plants locked. It was in the house, a locked and enclosed facility, but he had a roommate that was a patient with a card that had expired. Since he had no defense, he plead.

thats is how it happened

 

 

I have a locked and enlcosed home as well. My wife is neither a caregiver or patient, because she does'nt need it, or unfortunately, like it. Makes her sick, but anyway, could they do the same to me?

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