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Judge Allows Medical Defense In Dispensary Case


BirdHunter

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You will still have to prove all the things you have to prove to get a card to be protected by section 8. You will have to either prove them to a prosecutor or judge. That's not going away. A bare doctors rec will never be the bar because there are too many fake doctors out there and people with copy machines. That's why we buy the card.

what

If you get your card from the state they have already checked your Doctor out

And you have a card then you can't be arrested

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To use the section 8 you have to prove the same things you had to prove to get a card. A doctor's rec doesn't get you there. The doctor's rec is just a start. Then you have to prove it's valid. Just like what LARA does, but you do it for the prosecutor, or the judge. A section 8 is no easy picnic and it never will be. You could get a deal on an attorney or defend yourself, but it never will be instant like some are leading you to believe. The only instant defense is a card.

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To use the section 8 you have to prove the same things you had to prove to get a card. A doctor's rec doesn't get you there. The doctor's rec is just a start. Then you have to prove it's valid. Just like what LARA does, but you do it for the prosecutor, or the judge. A section 8 is no easy picnic and it never will be. You could get a deal on an attorney or defend yourself, but it never will be instant like some are leading you to believe. The only instant defense is a card.

 

 

At this point and time I wouldnt call a card an instant defense either...... Should it be? Yes..... But I wouldnt quit call it that..... at this point and time.

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At this point and time I wouldnt call a card an instant defense either...... Should it be? Yes..... But I wouldnt quit call it that..... at this point and time.

 

The card is just a card I would weather have one then not

You can't be jailed with a card but may still need a lawyer

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The card is just a card I would weather have one then not

You can't be jailed with a card but may still need a lawyer

 

I agree your probably better with a card than not but to say you can't be jailed with a card , at this point and time , is a little naive.. Should you be jailed with a card? No..... Can you be jailed with a card? Yes.....

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You will still have to prove all the things you have to prove to get a card to be protected by section 8. You will have to either prove them to a prosecutor or judge. That's not going away. A bare doctors rec will never be the bar because there are too many fake doctors out there and people with copy machines. That's why we buy the card.

 

333.26428 Defenses.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; (The MSC in the King/Kolanek ruling further stated that the recommendation must be signed after the MMMA of 2008 came into effect and before the alleged crime)

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

 

4. (d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

 

 

(1) is in possession of a registry identification card; and

 

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

 

The card is an instant defense if leo would just follow the law.

 

The way I see it, the courts have no choice other than to follow the law as enacted. They have sworn an oath to do just that.

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To use the section 8 you have to prove the same things you had to prove to get a card. A doctor's rec doesn't get you there. The doctor's rec is just a start. Then you have to prove it's valid. Just like what LARA does, but you do it for the prosecutor, or the judge. A section 8 is no easy picnic and it never will be. You could get a deal on an attorney or defend yourself, but it never will be instant like some are leading you to believe. The only instant defense is a card.

I do agree with some of this

The part of the card I don't because after the 21 days your paper work is the same as a card?

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333.26428 Defenses.

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; (The MSC in the King/Kolanek ruling further stated that the recommendation must be signed after the MMMA of 2008 came into effect and before the alleged crime)

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

 

(2) forfeiture of any interest in or right to property.

 

 

4. (d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

 

 

(1) is in possession of a registry identification card; and

 

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

 

The card is an instant defense if leo would just follow the law.

 

The way I see it, the courts have no choice other than to follow the law as enacted. They have sworn an oath to do just that.

 

We feel your pain

What date did you get raided?

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what

If you get your card from the state they have already checked your Doctor out

And you have a card then you can't be arrested

 

I would add that this exists in Sec. 4 and people tend to read right past it. Well people from our community anyhow. It does prevent arrest, but that can be rebutted:

 

 

Sec. 4(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

(1) is in possession of a registry identification card; and

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

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the doctors rec is what you need for sec8.

 

a copy of your application, with evidence you mailed it in, is as good as your section 4 card.

i dont remember the details or which case decided that tho. theres info on laras site about it as well.

 

dont forget, now (due to the new bills) you should make a copy of your drivers license as well, at least keep that on you as well.

Edited by t-pain
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The ballot proposal explicitly informed voters that the law would permit registered and

unregistered patients to assert medical reasons for using marijuana as a defense to any

prosecution involving marijuana. The language supports the view that registered patients under

§ 4 and unregistered patients under § 8 would be able to assert medical use of marijuana as a

defense. Accordingly, we hold that the district court did not err by permitting defendants to raise

the affirmative defense even though neither satisfied the registry-identification-card requirement

of § 4.8

 

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We feel your pain

What date did you get raided?

 

September 4, 2012 at about noon.

I would add that this exists in Sec. 4 and people tend to read right past it. Well people from our community anyhow. It does prevent arrest, but that can be rebutted:

 

 

Sec. 4(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:

(1) is in possession of a registry identification card; and

(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

 

What action should law enforcement take when they arrive at your home and you show them your cards? Should they excuse themselves and leave you alone if they have no evidence to rebut?

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September 4, 2012 at about noon.

 

 

What action should law enforcement take when they arrive at your home and you show them your cards? Should they excuse themselves and leave you alone if they have no evidence to rebut?

 

 

They should tell you have a nice day and walk away but we all no that does not always happen.

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