If You May Need To Rely On The Affirmative Defense Just Be Sure You Qualify First.

[Celliach]

This is a good point to discuss. There is a 'grey area' when it comes to dried plants vs curing plants. Right now, if there is THC in it, there are those who will call it usable. Unfortunately, those people have badges and the unlimited power of the state to back them up. I've made this proposal once before. Didn't hear much response, so I'll make it again.

 

These 'cannabis colleges' that offer growing courses are actually a very good source for formally trained experts to help patients. If they would offer courses on 'expert witness' training, I think that would help things in court.

 

To be an expert witness, you should be articulate and good under the pressure of the stand. You will need some formal training and experience- be able to document them. You will have to answer questions like usable vs total weight, cured vs uncured, the different methods of ingestion, effects of strains, methods of preparing hash, oil, medibles, etc. I would think that if some sort of formal training program was in place, we could get a core of paid, expert witnesses available to defend patients in the face of the state's 'expert' from the MSP, etc. Not only would the testimony be helpful, so would a little guidance from the expert so the attorney asks the right questions of the prosecutor's expert.

 

Just a thought, does anyone have any contacts with the cannabis colleges? We need to approach them with the idea. I don't know enough about growing to really be of much help or work with the colleges, except perhaps to talk about medical effects.

 

Dr. Bob

 

Personally, I don't see a grey area at all. By the time you go to court, the stuff you had hanging will be dry and "usable."

 

Can you prove, in court, that it wasn't dry when they arrested you?

[trix]

How the police Dried my 12 plants after I was arrested, was nice and dry a year later when they gave it back to me.

 

http://michiganmedic..._580_619028.jpg

 

http://michiganmedic...00_580_6968.jpg

 

Off topic, sorry, excuses himself

 

Trix

[Dr. Bob]

Personally, I don't see a grey area at all. By the time you go to court, the stuff you had hanging will be dry and "usable."

 

Can you prove, in court, that it wasn't dry when they arrested you?

 

Actually this is what your attorney should work on. Time of raid weight vs courtroom weight comes to mind. So would demanding the actual trimmed weight vs total weight. I doubt most departments will trim it- yet they cannot use a total weight or an 'estimated' weight for something that can be physically weighed.

 

Dr. Bob

[bobandtorey]

Actually this is what your attorney should work on. Time of raid weight vs courtroom weight comes to mind. So would demanding the actual trimmed weight vs total weight. I doubt most departments will trim it- yet they cannot use a total weight or an 'estimated' weight for something that can be physically weighed.

 

Dr. Bob

am not sure the Leo would be tamping with evidence

[CaveatLector]

bobandtorey, on 28 June 2012 - 10:55 AM, said:

 

imho i do not agree as i see it their is no Sec 4 defense because Sec 4 say's you can't be arrested so that is why we all only have Sec 8 imho

 

 

That is just incorrect.

If you're arrested, such as in the just-released Nicholson case, then, yes, you have to use your card as a defense. So, obviously sec. 4 can be used as a defense. That's common sense.

[bobandtorey]

bobandtorey, on 28 June 2012 - 10:55 AM, said: imho i do not agree as i see it their is no Sec 4 defense because Sec 4 say's you can't be arrested so that is why we all only have Sec 8 imho If you're arrested, such as in the just-released Nicholson case, then, yes, you have to use your card as a defense. So, obviously sec. 4 can be used as a defense. That's common sense.

 

That's common sense i agree but most judge's don't have any

[Ms Chocolate]

I know I can get the recommendation from a doctor in my own state or in Michigan without question. The rec is a given.

 

I have a vehicle that is plated as a handicapped vehicle.

 

I have paperwork confirming my diagnosis(s) and rec papers would be in the vehicle.

I have identifying marks that would be associated with the diagnosis detailed in the paperwork inside the vehicle.

I have foreign objects that would be associated with the diagnosis implanted inside my body and visable to the naked eye.

Your having handicap plates, paperwork confirming your diagnosis, identifying marks, and visible implants means nothing. The cop on the street is not there to give you a medical exam. These things may make you a patient, but not a qualified patient. What you need to be legal is a written opinion from a doctor stating that cannabis use may be helpful for your condition. Taking that written opinion and becoming registered is what will increase your change of not being arrested.

[Dr. Bob]

Your having handicap plates, paperwork confirming your diagnosis, identifying marks, and visible implants means nothing. The cop on the street is not there to give you a medical exam. These things may make you a patient, but not a qualified patient. What you need to be legal is a written opinion from a doctor stating that cannabis use may be helpful for your condition. Taking that written opinion and becoming registered is what will increase your change of not being arrested.

 

Excellent post Ms. C. I've explained this as well, but I still see there is some confusion. Hopefully your concise, lucid post will clear it completely. You have to follow the rules, and the rules say get a certificaiton. The only addition I can make, as an expert on the subject of certification, is that in addition to a statement you will benifit from cannabis AND have a QUALIFYING CONDITION. I assume this wasn't mentioned because obviously this patient would likely have one, but let's make it clear.

 

Dr. Bob

[Ms Chocolate]

Yes, one may be a patient, but a qualifying condition and a certification are necessary to be considered a qualified patient. I am amazed had how many people are unwilling to understand (or follow) these simple terms.

[SFC]

Great to see you back in action here Ms Chocolate. I really missed your input while I was banned like the legions of others.

[Ms Chocolate]

Great to see you back in action here Ms Chocolate. I really missed your input while I was banned like the legions of others.

And a BIG HELLO to you. I did noticed you were missing. I'm not nearly as active as I once was (health issues tends to control my time). When I can, I stick my head in, then like the moving finger....

Be well my friend, and continue to do what you do