Supremes Reverse Coa On King & Kolonek

[bobandtorey]

Guess everything I have been saying since the Redden decision is coming home to roost. Those that listened should have nothing to worry about.

 

Patients have an obligation for their own safety, I've put out the elements of a bona fide dr/pt relationship several times. No record certs, certs through the mail, no physician clinics simply will not cut it. It is unfortunate that patients have taken the easy way out, cheapest signature they could find. The so called 'certification clinic events' that cater to this lack of concern (if it isn't illegal why worry about it, no one has been caught yet, right?) selling signatures through the mail, etc have set you up to line their own pockets.

 

Love and kisses as they say.

 

Next time go to a professional clinic.

 

Dr. Bob

 

Here is what is going on down in Berrien, know your enemy....

 

ST. JOSEPH — Michigan Supreme Court recently overturned as too restrictive lower court interpretations of the medical marijuana statute.

 

The high court, in its first major ruling arising from medical marijuana use, found the state’s voter-approved law on medicinal pot provides broad legal protection from prosecution — even for patients not registered for a state medical marijuana card.

 

“It didn’t get much (attention),” Berrien County Prosecutor Art Cotter said Thursday, “but it’s a significant case.”

 

In the Oakland County case, the court said the law allows a person arrested on a marijuana-related offense to mount a medical marijuana defense, so long as its use was recommended by a doctor after the 2008 enactment of the law and before the arrest.

 

The court found defendant Alexander Kolanek could not use such a defense because his doctor’s recommendation followed his arrest.

 

In a Shiawassee County case, the high court said defendant Larry King deserved an evidentiary hearing on whether he kept his medical marijuana in what the law would define as a secure facility.

 

“By the Supreme Court overruling the Court of Appeals,” Cotter told the board of commissioners administration committee, “Somebody who’s growing marijuana and claiming it’s for medical use can assert that defense and potentially have the case dismissed” even if exceeding the 12-plant limit.

 

With the burden of proof shifted to the defendant, “They have to show it’s not an unreasonable amount to assure the uninterrupted supply of marijuana,” Cotter said. “The scenario I’m dealing with is the police get a call, there’s 12 marijuana plants growing in the backyard. Neighbors complain. The person has a card and is under the limit of 12, but they’re not going to comply with keeping it locked inside because they don’t want to pay for lights and electricity. They assert the affirmative defense and may actually win. That’s a green light. Every teen-ager in every neighborhood is going to be doing midnight raids on their stash.

 

“I’m formulating a response on how I’m going to deal with this in Berrien County,” Cotter continued. “Prosecutors need to decide how much their tolerance is over 12 to make them come in and prove the affirmative defense. I can’t really pierce the validity of the issuance of that card, but in the affirmative defense the burden’s on them and I can challenge the B.S. of why they’re getting cards. In my judgment, 95 percent are bogus.

 

“I’m not going to let people grow marijuana in the open. For law enforcement, patients and the public, you have to give a bright line. Twelve is 12. If you have more than that, I may bring you in. One incentive to stay within the limit is an Attorney General opinion that, once seized, nobody can order a police department to give back marijuana and commit a federal felony. You may or may not win, but even if you win, you’re not going to get your dope back. I oppose decriminalization. We need to give the public the choice again to limit it to cancer patients, HIV, multiple sclerosis, glaucoma.”

 

Chairman R. McKinley Elliott, an attorney, said since the statute requires doctor-documented debilitating medical conditions, “Let’s deal with the licensed, regulated physicians if they act outside the authority delegated by the Legislature. The Legislature needs to rein them in. They’re prostituting their license. They’re bottom feeders in the physician aquarium.”

 

“There’s no will to do that,” Cotter said. “A percentage of the Legislature wants to legalize and tax it.”

 

“A percentage of the Legislature wants to legalize and tax it

were does he get this from i just don't think this is true

[bobandtorey]

Guess everything I have been saying since the Redden decision is coming home to roost. Those that listened should have nothing to worry about.

 

Patients have an obligation for their own safety, I've put out the elements of a bona fide dr/pt relationship several times. No record certs, certs through the mail, no physician clinics simply will not cut it. It is unfortunate that patients have taken the easy way out, cheapest signature they could find. The so called 'certification clinic events' that cater to this lack of concern (if it isn't illegal why worry about it, no one has been caught yet, right?) selling signatures through the mail, etc have set you up to line their own pockets.

 

Love and kisses as they say.

 

Next time go to a professional clinic.

 

Dr. Bob

 

Here is what is going on down in Berrien, know your enemy....

 

ST. JOSEPH — Michigan Supreme Court recently overturned as too restrictive lower court interpretations of the medical marijuana statute.

 

The high court, in its first major ruling arising from medical marijuana use, found the state’s voter-approved law on medicinal pot provides broad legal protection from prosecution — even for patients not registered for a state medical marijuana card.

 

“It didn’t get much (attention),” Berrien County Prosecutor Art Cotter said Thursday, “but it’s a significant case.”

 

In the Oakland County case, the court said the law allows a person arrested on a marijuana-related offense to mount a medical marijuana defense, so long as its use was recommended by a doctor after the 2008 enactment of the law and before the arrest.

 

The court found defendant Alexander Kolanek could not use such a defense because his doctor’s recommendation followed his arrest.

 

In a Shiawassee County case, the high court said defendant Larry King deserved an evidentiary hearing on whether he kept his medical marijuana in what the law would define as a secure facility.

 

“By the Supreme Court overruling the Court of Appeals,” Cotter told the board of commissioners administration committee, “Somebody who’s growing marijuana and claiming it’s for medical use can assert that defense and potentially have the case dismissed” even if exceeding the 12-plant limit.

 

With the burden of proof shifted to the defendant, “They have to show it’s not an unreasonable amount to assure the uninterrupted supply of marijuana,” Cotter said. “The scenario I’m dealing with is the police get a call, there’s 12 marijuana plants growing in the backyard. Neighbors complain. The person has a card and is under the limit of 12, but they’re not going to comply with keeping it locked inside because they don’t want to pay for lights and electricity. They assert the affirmative defense and may actually win. That’s a green light. Every teen-ager in every neighborhood is going to be doing midnight raids on their stash.

 

“I’m formulating a response on how I’m going to deal with this in Berrien County,” Cotter continued. “Prosecutors need to decide how much their tolerance is over 12 to make them come in and prove the affirmative defense. I can’t really pierce the validity of the issuance of that card, but in the affirmative defense the burden’s on them and I can challenge the B.S. of why they’re getting cards. In my judgment, 95 percent are bogus.

 

“I’m not going to let people grow marijuana in the open. For law enforcement, patients and the public, you have to give a bright line. Twelve is 12. If you have more than that, I may bring you in. One incentive to stay within the limit is an Attorney General opinion that, once seized, nobody can order a police department to give back marijuana and commit a federal felony. You may or may not win, but even if you win, you’re not going to get your dope back. I oppose decriminalization. We need to give the public the choice again to limit it to cancer patients, HIV, multiple sclerosis, glaucoma.”

 

Chairman R. McKinley Elliott, an attorney, said since the statute requires doctor-documented debilitating medical conditions, “Let’s deal with the licensed, regulated physicians if they act outside the authority delegated by the Legislature. The Legislature needs to rein them in. They’re prostituting their license. They’re bottom feeders in the physician aquarium.”

 

“There’s no will to do that,” Cotter said. “A percentage of the Legislature wants to legalize and tax it.”

 

thanks Doc i have been to some court case's that the Doc has to come inn and from what i have seen it ant pretty for them the P,A tears them up on the stand when are Doc came inn the P.A tried to do just that she wanted to know all of are medical history and he wasn't going to do that and then she wanted all are medical records

but i do think if you are sick and can prove it and have a lot of money you might win might i say

thanks again for all you do and for helping us

[Dr. Bob]

go in loaded for bear, having done things right, you don't have to worry about the PA. I've seen cases where the doc took the PA apart. Just a matter of pre-planning and making sure you can defend each patient.

 

Dr. Bob

[Kingpinn]

How dare this Keltis dude posting this in his local news rag. Outragous !!!!!!!!

 

 

Kletis posted at 11:07 am on Mon, Jun 18, 2012.

Posts: 83

 

 

 

They just dont have any humor here any more. They wont even let me grow Medical Marijuana on my property in a Locked Enclosure. Whats up with that ???. Thank God the Supreme Court set them strait on that. Well just another day in the life of a POTHEAD right .Blows all you Rednecks out there a Big Kiss. Well trying to sell my official Marijuana growing dog kennel with its own certificate of authenticity and a pic of Magnet taking me away in handcuffs on E BAY Starting Bid 1000 Dollars Buy a piece of Michigan History my friends