Supremes Reverse Coa On King & Kolonek

[Shredder]

 

 

 

 

 

Yes !

 

My case has been postponed in court since January waiting for this very ruling to be rendered...

 

I hope your lawyer is working on a motion to dismiss at an evidentiary hearing as we speak. This ruling should really help. Best of luck.......shredder

[bobandtorey]

Ty to both of you

You've been not only extremely supportive but just plain nice....

 

 

best wishes to you ....

 

Thanks for your support also we know how you feel we have lost it all because of are case even lost are house i hope that we can get it back from Oakland County but right now we just want to be FREE from the courts

and will stand are ground but i don't see Oakland County dismissing are case any time soon

[AmishRnot4ganja]

Are defendants still able to sue for "wrongful arrest and prosecution" or is that something from a bygone era (i.e. pre-Republican domination).

 

 

The thing about this whole medical marijuana fiasco that amuses me to no end is this: Republicans have depended on an uninformed (read that "stupid") electorate in order to squirm their way into power. They don't always tell the whole truth about their intentions and they often disguise their motivations with language that obfuscates and misleads. So now comes the Michigan Medical Marijuana Act passed by 60% of the electorate and the Republicans are convinced that the public did not understand what they were voting for. What? You mean that the public upon which you depend to not understand the ramifications of Republican policies are too stupid to understand the plain wording of a ballot initiative? You must be kidding! Hell you know they didn't understand it, but they also don't understand what you people are proposing to do to the United States and you don't seem to mind that at all. In fact, your political lives depend on it.

 

So anyway, the Republicans kinda got hoisted on their own petard on this issue and it has literally driven them crazy. Now they have to live with the ramifications of the uninformed electorate that they have created and I am lovin' every minute of it. I only hope that they will have to pay (as in $$$) for the pain they have inflicted upon people.

[trix]

Are defendants still able to sue for "wrongful arrest and prosecution" or is that something from a bygone era (i.e. pre-Republican domination).

 

 

I haven't found one to help me yet, but never know now that the new rulings have changed things. I'm sure once the community starts getting their cases overturned, and dropped the demand for a civil intervention will arise soon enough. I can't wait to start seeing civil lawyers start stepping up now. Also wish everyone luck when their time comes for that occasion.

 

Trix

 

Ps. Spell check is working again, sweet!

[AlternativeSolutionsPlus]

Going with the theory that any press is good press here is an article I found on the national news wires this morning.

 

Michigan -- In a major ruling on Michigan's controversial medical marijuana act, the Michigan Supreme Court said Thursday the 2008 voter-approved law provides legal protection from prosecution, even for users who did not obtain state-issued medical marijuana cards.

 

In a 34-page ruling, the court said the law provides an affirmative defense to "individuals who are not registered cardholding patients to assert the affirmative defense" in any criminal prosecution involving marijuana.

 

"Because the MMMA (Michigan Medical Marijuana Act) was the result of a voter initiative, our goal is to ascertain and give effect to the intent of the electorate, rather than the Legislature, as reflected in the language of the law itself. We must give the words of the MMMA their ordinary and plain meaning as would have been understood by the electorate," the opinion said.

 

Michael Komorn, an attorney specializing in medical marijuana cases and the president of the Michigan Medical Marijuana Association, said the ruling from Michigan's high court now means that defendants in criminal cases will be allowed to present a defense to a jury that their use of marijuana was for medical purposes.

 

"Up to this point the Court of Appeals decisions have eliminated and eradicated the right of the people to present a defense to a jury," Komorn said.

"This ruling will allow us to present a case and go to trial. It's a game changer. Police will continue to arrest first and ask questions later but prosecutors are going to have to rethink with what kind of cases they want to pursue."

 

Matthew Abel represented defendants in one of the two cases ruled on by the court in its decision. Abel said he does not know if the ruling will reduce the number of arrests and prosecutions of medical marijuana users but it will directly impact all court cases in play now.

 

"It will make it more difficult for prosecutors to prevent medical marijuana patients from using the medial marijuana defense," said Abel, who has 25 such cases alone and estimates there are hundreds across the state of Michigan.

 

In a pair of cases out of Oakland and Shiawassee counties, the court ruled unanimously that lower court interpretations of the marijuana statute had been too restrictive.

 

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

 

Advocates are hailing the ruling as a move toward more accurate interpretations of the law and less hassle for patients.

 

"People have been denied their rights," said Jamie Lowell, co-founder of Ypsilanti's 3rd Coast Compassion Center, an education and faith access center for medical marijuana patients. "People can finally do what was originally intended by the voters and by the drafters of the act."

 

Detroit News Staff Writer Mark Hicks contributed.

 

Source: Detroit News (MI)

Author: Jennifer Chambers, The Detroit News

Edited June 3, 2012 by AlternativeSolutionsPlus

[cristinew]

"Because the MMMA (Michigan Medical Marijuana Act) was the result of a voter initiative, our goal is to ascertain and give effect to the intent of the electorate, rather than the Legislature, as reflected in the language of the law itself.

 

AMEN

[+Annnie]

Kudos.. I tried to cut and paste Jamie Lowells quote in that article with no success..

 

This point that jamie made.. thank you jamie.. I want to explain to ppl how it feels when the police come into your home and trample your rights..

 

RAPE under the color of law..

[bobandtorey]

http://www.myfoxdetroit.com/video?clipId=7355234&autostart=true

[+mayorherb]

Im so glad that they are upholding the law and not schuettes power trippin opinions!!! Now we have 2 more decisions and hopefully they are both Good! P to P is up next.... If that is cleared, game on for card holders!

I would of liked to be a fly on Bill and jones wall the other day/ LMAO!!!

[Dr. Bob]

PB, you are a great source of amusement to me. Reading over this after a fews days off line I see now that I am somehow working for LEO.

 

All this based on a statement that I made that folks in unquestioned (that means by leo too) compliance don't have problems. If you are doing something both you and leo agree is legal, there is no issue. Folks that do things that are not agreed upon have issues. For those that feel they were in full compliance and arrested, look at the charge sheet. There is a charge there and that is what the violation you are suspected of committing is listed.

 

Nothing more, nothing less, no presumption of guilt or anything else. Perhaps I simply wasn't clear so let me rephrase. If you are doing what everyone agrees is legal (such as a caregiver to registered, designated, patient transfer for the cost of growing it), you should have no problem. IF you somehow do something that everyone does not agree is covered under the act, you can be arrested and get a chance to prove your case.

 

Yes, the police sometimes hassle people with a charge, I've experienced that myself. Pleas were refused, and it went to trial with full acquittal. That is the way it works. Granted it is not right that people would try and mislead folks by bringing it up well after the fact, but the system works.

 

Dr. Bob

[restlesslegs]

Bull hockey, the system does not always work. Don't do anything illegal but know that even if you do there is a possibility you will go to court, have all your plants, grow equipment seized, and anything they deem fit to when your arrested. BS says the police do not have to return these things that might be Federally against the law Even If you are found not guilty. You have a better chance of getting off and not being arrested if you follow the law but their is that lingering doubt rather this cop had a bad day or hates drugs or druggies and will arrest you even if you are complying with the law. Follow the law to the T and your chances improve greatly but it is still not a guarantee folks so stay low, be quiet about what you do, Act Like You Did Before It Was Legal, be very careful.

[Dr. Bob]

That is the point I am making, I don't know why folks have to have a whine fest over a statement that if you do things that are agreed by all sides to be legal, you shouldn't have a problem.

 

Dr. Bob

[Shredder]

That is the point I am making, I don't know why folks have to have a whine fest over a statement that if you do things that are agreed by all sides to be legal, you shouldn't have a problem.

 

Dr. Bob

 

Two things doc, some of these same people your talking about (whine fest) have been abused by the system before and are understandably apprehensive now based on past experiences, as anyone would be. That you survived your ordeal is great, but not all that helpful to the next abused soul as an example of how everyone should react.

Two, some of the mistrust is because of who you are, what I mean by that is your not a patient or a caregiver so you have less in the game as it were. I know it's your lively hood, but still, you asked. Your perspective is not theirs and giving advice as an outsider is open to suspicion. This war on drugs is still going on, and protecting one's self is up to each individual as it should be.........shredder

[Croppled1]

That is the point I am making, I don't know why folks have to have a whine fest over a statement that if you do things that are agreed by all sides to be legal, you shouldn't have a problem.

 

Dr. Bob

 

It must be nice to be able to sit in a glass house and pick and choose what works for your medical routine based on what the most conservative interpretation may be no matter how ridiculous it is . For example Schuette stating two qualified patients passing a pipe just committed two felony downloaded transfers that place them outside the act and thus their cards are invalid and they are illegal holding onto 4 year $20,000 fine elgible felonies with a side of forfieture and no right to a section 8 defense . Please tell us what is legal Doc where is your rulebook county by county . We know in LIvingston if two married adults who both qualify and have cards grow in a shared locked enclosed space they will force them to choose which one goes to prison . Just what fair rule of law do you want us to follow ? If we dont' go to a " legally recognized " Farmers Market for starter supplies and give our $$$$ to a patient / caregiver grower who has no corperate or any possible employment rights in this State where do we go when we actually need genetics and preperations we can't make ourselves due to disabillity or lack of talent ? Was the law written for regulatiors , professionals or patients ? If it is enterpreted like it was written for patients to protect their needs all the time there would be few problems . .

 

Some of us are very sick , suffering or both infact nearly all of us are we are still waiting for a set of rules to follow from the State they have one for everyone else . If you have a rule book that will keep everyone out of trouble please post it all in one place .

Edited June 3, 2012 by Croppled1

[Dr. Bob]

Well then I will stand corrected and say no more.

 

Dr. Bob

[peanutbutter]

Well then I will stand corrected and say no more.

 

Dr. Bob

 

And I just got off probation .. for what would have been completely legal today.

[cristinew]

8. Affirmative Defense and Dismissal for Medical Marihuana.

11 Sec. 8. (a) [Except as provided in section 7, EXCEPT IF HE OR SHE

VIOLATES SECTION 4(K), SECTION 7(B), OR SECTION 7(D),] a

 

Passed House bill 4851

 

what does this mean? does any one know i cannot find the sections they quote of r they the sections of the original law

[GregS]

And this ruling allows sales to occur under the AD.

[peanutbutter]

8. Affirmative Defense and Dismissal for Medical Marihuana.

11 Sec. 8. (a) [Except as provided in section 7, EXCEPT IF HE OR SHE

VIOLATES SECTION 4(K), SECTION 7(B), OR SECTION 7(D),] a

 

Passed House bill 4851

 

what does this mean? does any one know i cannot find the sections they quote of r they the sections of the original law

 

Original law

[peanutbutter]

And this ruling allows sales to occur under the AD.

 

Yep ..

[Dr. Bob]

Whatever Greg, same crap you have been posting for days, go ahead and ignore what you have been told here and in MCP. You go to the farmers market, you sell marijuana, you defend your position and do what you want. You grow in your front yard, you have 50 plants cause that is what you say you need, you be the next test case. Folks are ignoring you and you still post the same tired line. So go right ahead and do whatever you want and take your lumps when you are arrested. You were told and corrected.

 

Dr. Bob

[GregS]

How do you reeally feel about it DB?

[Dr. Bob]

How do you reeally feel about it DB?

 

I feel you are an idiot, but that is just my opinion. But by all means go do whatever you think you can.

Edited June 3, 2012 by Dr. Bob

[GregS]

I know how tough it is to see change diminish your bottom line, but is a fact of life. In business, when competition started cutting into my earnings, I had to suffer with it until I found a reasonable fix. It works much the same in this instance, where what was deemed as the norm has now been fundamentally changed. I wish you nothing but well, and appreciate your apparent energy and enthusiasm, in spite of some other issues that are treatable.

 

You'll be okay li'l camper.

Edited June 3, 2012 by GregS

[quietone]

I feel you are an idiot, but that is just my opinion. But by all means go do whatever you think you can.

 

Do we really need to keep calling each other names? Agree to disagree on the subject and move on, but this going back and forth at each other needs to stop now. Grow up!