How Can This Be?

[Croppled1]

Here in Michigan?

 

Just don't answer. All you need for encounters with police is two words: "no comment." PERIOD.

 

This judge is plainly breaking the law. Is it possible to sue them personally for criminal misconduct? This needs to be appealed. Call some lawyers - Michael Komorn, etc., some locals, either way if this gets appealed this is going to get tossed. 90 days in the clink, your friend could make enough in that time to pay for a lawyer, explain that to the lawyer and see if they will accept payment on a plan. Any sympathetic one will be happy to compromise here because this is so appalling and needs to be fixed. This judge needs to be DISBARRED!!!

 

It is sad but it appears many people did not watch Eric Vandussens tapes of trials . In other cases Judges never saw the Act before and would just say they don't understand this and conduct trials like it didn't exist . In one filmed case the Judge actually said let the next court sort this out . Not exact words but close . It left the poor defendant in shock like Bob Redden and Torrey Clark . It was either Vanderbutts or Keil I believe . I was hoping someone in National Syndication would reimburse Eric Vandussen for his recordings , pay him a consulting fee and make a special showing how the act is being ignored and destroyed by those whom oppose it in Government .

 

The worse part is patients are scared and just as upset about abuses as anyone else . Patients want to follow the law but almost everyone is put in a position to violate it . Take med ables and inert ingredients how can one keep a non interrupted supply within the current minimum . Most of us understand the law is unenforceable in terms of dispensing justice and is being applied capriciously . There is no way to measure need with accuracy as there is no way to measure pain and suffering that restricts activity , desire and causes premature death in Michigan patients . Many have suffered decades with insults .

 

It is sad but many in Law enforcement just wont except the card prejudiced people are not in need because that is how they have been taught they help people for decades under Just say No , Tough love and Zero Tolerance .This is very dangerous for patients and nothing could be further from the truth as far as this helping patients . The deaths from stress of arrest we saw occur with Coach Argo , the one from abrupt detox of a women in Oakland County that was arrested whose family wishes not to be known publicly and several suicides in our patient community have all resulted from improper implementation of the Act . Nobody is working on efficacy alone or adjunctly and little research could be conducted in a fair manner in this witch hunt environment

 

Yes the Courts are ignoring the Act and many Judges are interpreting their own desires into practice just as our AG is . It is just as unreasonable that not one Michigan State Sponsored Public Hospital accepts this State law either . It is unreasonable to not have cannabis in medicine every other unique substance is used and euphoria is one of the reasons cannabis rests and thus helps patients . But like any medication once one is exposed to repeated doses side effects become negligible even euphoria . We need to study why this occurs as well as why it continues to help take the edge off so many symptoms of injury and disease like nueropathic pain .

Edited March 28, 2012 by Croppled1

[dr. feelgood]

he did take a plea for the 30 days and a year probation with urine test weekly, hes hopen maybe he can get some help after he does his 30. Im goin to see him now, ill get the judges name. I think the media is a great idea. Catch ya later

[Kiefmaster]

A wise American once said "If you want justice, go to church. You're not going to find it in the courtroom." It really is a shame that everything this country was made to be, and how our forefathers wanted it to remain, has all been changed or simply ignored.

The bottom line is this, our law that we voted in is not being enforced. In this case it's actually the exact opposite of what we voted for. I understand your friend was wrong for driving on expired tabs, insurance, and an invalid license, but when he got the card it said that any patient, as long as they are compliant with mmmj laws, can not get in any legal trouble for anything marijuana related (2.5oz dried meds and all paraphernalia), it never says you have to follow other laws, just mmmj laws, driving without a valid license, imo, is not probably cause for a marijuana (or any drug) search, even still, according to your side of the story, he followed all current mmmj laws. The new proposed bills which require that these things be locked up, labelled, and in the trunk are not only assanine, but they also HAVEN'T BEEN PUT INTO EFFECT!!! So your friend is getting shafted by this judge, who, as far as I understand according to the current law that we ate under, is breaking the law himself.

Edited March 28, 2012 by Kiefmaster

[LITLJON]

Many judges unfortunately think they are the make the laws instead of making sure they are followed. A bill of accountability in all levels of government is what the people need. No more immunity no more internal affairs handling it all, jury of their peers(the people). No more hiding like a coward behind a title.

[cujo]

the judge actually told my friend that this court does not recognize or agree with the mmmj law, actually the judge told the whole court this. Unfortunatly my friend has an attourney im thinkin he needs a better one. The judge gave him a week er 10 days to get his affairs in order. This is not an isolated incedent either, last year my son had an eighth in his coat in the back seat, they arrested him for possession, he is a legal card holder, the judge told us he was sick of hearing the mmj excuse & put my son on probation with pee test, he failed and had to do 18 days in the county

ya a lot of that attitude up north. there should be some kind of charge for officials who don't abide by the law. incompitence,or treason, or something real bad.

[dr. feelgood]

its the 33rd district court there are 2 judges listed but I believe its " pajtas " is the one doing this. Apparently there were 4 other cases the same morning of mmj patients that got their mmj "privliges" suspended with pee test. I really just think the word about this happening up here isnt getting out, now that im tryin to help my buddy Roger, I have heard 4 or 5 other stories just like it. Who can we possibly go to to get some help, congress, house of reps? I am just blown away, They are going to give him a few extra days before he has to go away because he's in the middle of being forceably evicted from his home. I told Roger today, he was like a walkin country song. That got a little chuckle out of him.

[+Annnie]

My prayers are with Roger and all of Charlevoix County.. Isnt there a compassion club up there who would help him?

[purklize]

My plan for fixing Michigan... I'd love to see all these changes on the ballot.

 

#1. Matching funds for defense for every penny spent on prosecution, including the cost of police investigations, etc. This would ensure that all would be able to defend themselves, and it would discourage the rampant trend of prosecutors pushing cases they know they can't win simply because they know the defendant can't afford to take it to trial and will take a plea deal.

 

#2. Plea deals banned entirely. They are nothing but intimidation and coercion and lead to people giving up their right to a trial, resulting in lots of innocent people in prison.

 

#3. In every case, the jury must be questioned as to whether they believe a certain act is illegal (not whether it should be illegal, but whether they think it is). If the verdict is not unanimous, the charge is tossed. If this happens enough times, the law is tossed.

 

#4. Citizen's prosecutions: if you can collect signatures of 1% of the population of the local district, specifying someone chosen to prosecute a case, this individual will be able to step in as a prosecutor for that single case and be given proper funding to pursue the charges. Right now when government officials break laws they do so with impunity, as they know their cronies - the prosecutors - will never pursue charges.

 

#5 Replace judges with "juries" (separate from the jury deciding guilt): this would mean the end of deliberate misreadings of the law, and force legislators to write simple laws in plain language that everyone can understand.

 

#6 Lower the threshold for getting something on the ballot to signatures from 1% of those in the state. It is not prohibitively expensive to add a few lines of text to a ballot, but it is prohibitively expensive to allow bad laws to remain on the books simply because we never get the chance to throw them out.

Edited March 29, 2012 by purklize

[GregS]

My Representative's office wants to confirm the judge's name. I need that now.

[Darkmatter]

Stash your meds in the glove box and lock it!

 

Bad advice. A glove box is where I, and most people keep thier insurance information.

[Murph]

If you want to help your Friend and you heard these statements (" this court does not recognize or agree with the mmmj law") then I suggest your Friend needs to get busy *(and I assume He has an Attorney, and already plead guilty to something, as He would not be getting sentenced if He had not and this is the first problem), but in any case:

 

1) Get and Keep all his paperwork together - everything. Every peice of paper should be in a file, with His notes of what happened at EVERY Hearing. Go to the Court Clerk's Office and copy the court file (Fill out Affidavit of Indigence if He is poor or on State/Fed Aid like Food Stamps) which they charge for but if He is indigent will get for Free -- these are public files so the Clerk's Office is happy (usually) to help you and tell them He wants a copy of the File (or you do if He does not want to go do it -- be clean, carry nothing into the Courthouse, be nice, ect...).

 

2) Have HIM Contact His Attorney (I assume Court Appointed, which may not be good as they get paid peanuts) and tell say He (your Friend) wants to appeal the Sentence. He should have got the paperwork when sentenced, fill it out immediately COPY IT and send it in, if someone asks you can tell him the appeal is on the basis of the MM Law, Initiated Law 1 of 2008, MCL 333.26421 et seq., the appeal paperwork is time limited 52 day (if this is a Felony). If it is a MISDEMEANOR He might not want to make waves and leave it as is -- it is his decision ....

 

2) If it is a Felony, the Appeal paperwork Orders the Transcripts. If not (see above) He needs to do it as the State will not pay - right now the transcripts are important IF the words spoken during the Hearing are what you say EXACTLY (He does not believe in the law, will not enforce it) -- Transcripts cost money, so depending on the time everyone was speaking, it could be a few bucks or more (as they are $1.20+ per page -- pay when they are delivered --He must contact the Court/Judge's COURT REPORTER (not the Judge, the Court Reporter) and in writing request the transcripts FOR APPEAL (even if He is not appealing) say Statutory Time (As they charge more for expidited or faster preperation) and order the TRANSCRIPTS as this is the only way to confirm what the Judge said (this is a waste of time if the Judge did not say exactly what you say He did) - and depending on if He is appealing He can order only transcripts FROM THAT SENTENCING HEARING (IF your Friend is appealing the sentence and was given papers for appeal, it should be free (but not enough of the facts are posted to say one way or another) --

****Make darn sure you Heard the statements of the JUDGE as this is what your going after as no Judge can ignore the Law and it is in fact reason for removal from the Bench but I am iffy on if a Judge would be so stupid (they are smart people). We have seen the blowback on this issue so your Friend needs to be a fighter if He wants to go forward with this and make sure He is prepared to prove HE has not violated any provisions of his probation or they will violate him -- HE NEEDS APPELLATE COUNSEL ---- CALL AROUND, TALK TO MARIJUANA ATTYS ABOUT APPEALS....

 

2) Tell your Friend to stop smoking and comply with all court orders (for now). He can lay the groundwork by going to His (Family) Doctor (not the Doc who did the MMMA Certification if it was only a MMMA Certification Doc -- but perhaps they can help as well), and ask for and get a prescription for MARINOL --- (as drug tests cannot determine the difference between Prescription Marinol and Medical Marijuana) --- get the Marinol, but it is pricey so I hope He has insurance of some sort) but do not take it until He knows better what is happening. Does He have a probation Officer (do not tell the PO any of this, only His Atty).

 

3) Your local paper should have Reports on Medical marijuana -- find out who wrote them --- do research on the paper's reporters to see if any of them have written "pro" medical marijuana articles. If so, this the the Reporter you want to contact as THAT REPORTER can do a story -- I would contact this person anonymously at first

and ask them for their feelings on MM.

 

4) Tell the Reporter their local Judge has said He does not like and will not comply with a Michigan Law

 

5) You might want to PM me, or post what your friends debilitating medical condition is -- as people who have no outward signs of medical issues do not get much "sympathy" (and I know it is wrong) so He needs to consider this very carefully. If he is in a wheelchair it will work best, but I think that is probably not the case --

 

6) He would be opening himself up for future problems, including the possibility of them TRYING to violate His probation, so He needs to do alot to make sure this is not possible -- mainly He needs a local Attorney on His side -- so find out who is the Local Medical Marijuana atty. (If S/He good? Do the FIGHT or do they plea? Are they personable? Does the paper print things they write?

 

You then can post what has happened with your Friend ---

 

 

the judge actually told my friend that this court does not recognize or agree with the mmmj law, actually the judge told the whole court this. Unfortunatly my friend has an attourney im thinkin he needs a better one. The judge gave him a week er 10 days to get his affairs in order. This is not an isolated incedent either, last year my son had an eighth in his coat in the back seat, they arrested him for possession, he is a legal card holder, the judge told us he was sick of hearing the mmj excuse & put my son on probation with pee test, he failed and had to do 18 days in the county

Edited April 25, 2012 by Murph

[Northern Lab]

Wow.

 

Do these people realize that it's exactly this kind of crap that leads to revolutions?

 

How long do they think they can deny justice before someone decides their well coiffed head would look better on the end of a pike?

 

Honestly!