A Caregiver Is Not Covered By Sec.8 !?

[master.caregiver]

that is what my friends lawyer just told him while i was in court with him today here is some info

 

1Mr and ms caregiver was under there plant count and had no dry product were raided by Podunk deputy dog town marshal and some minos after B.A.N.E.T. had came 2 weeks earlier on a fly over and said they were good took all there plants and charged Mr and ms caregiver maintainingng a drug house and poss of 45+killo (wet imature plants 2 weeks away from being picked still in the ground growing police cut down and took ) Mr and ms caregiver have CARDS FOR ALL PATIENTS AND SELFS

 

 

2 prosecuting attorney is picking apart affirmative defense and saying it DOES NOT COVER CAREGIVERS (i wouldn' believed it if i didnt hear it with my own ears ) and the judge and defence attorney are going with it

I dont know what they think there trying to pull here but they need help fast the next court date is mon @10 am Isabella trial court house

 

 

4. i am a carded patient and a caregiver and these people where doing NOTHING WRONG . i will be testifying in this case and I KNOW IF THEY GET A CONVICTION HERE IT WILL AFFECT US ALL on that of them picking affirmativeadefenseve deMrnce

 

5. mr and ms caregiver have given all there money to there layer (WHO OBVIOUSLY NEEDS HELP) and also supporting there 3 children do not have the means to aford another attorney

 

 

AFFIRMATIVE Defense getting flushed. we are NOT asking for money but bodies people that know these laws that can would be appreciated

 

 

be back on tomorow for any questions feel free to pm me or post there is a few more good guy side juicy tid bits enforcement of law inforcement lying to obtain search warrants

 

 

 

Isabella County Trial Court

 

 

 

 

200 N Main St, Mt Pleasant, MI48858 United States

 

43.605350, -84.776650

Edited October 5, 2012 by master.caregiver

[Fat Freddy]

Section 4 covers the bases if he was in full compliance, we are seeing the last gasps of a dying prosecutor's tools to curtail our rights.

No place in the law does it say that the law does not apply to caregivers. So that turkey is just standing in the rain looking up.

Edited October 5, 2012 by Fat Freddy

[Celliach]

Did you say he was charged with 45+ kilos?

[mmurphy169]

I am extremely confused by this. The MMMA states numerous times that the caregiver is protected...

 

Section 4. Protections for the Medical Use of Marihuana.

(b) A primary caregiver who has been issued and possesses a registry identification card shall not be

subject to arrest, prosecution, or penalty in any manner...

 

Section 8. Affirmative Defense and Dismissal for Medical Marihuana.

(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:...

 

Furthermore, the Court of Appeals at least admitted that much;

 

"Section 4 grants immunity to qualifying patients and primary caregivers who have been issued a registry identification card."

State v. McQueen, 293 Mich. App. 644, 660-61, 811 N.W.2d 513, 523 (2011)

 

I wish I could make it out there to hear this argument. I mean I can see how the wording "a patient's primary caregiver" could suggest a caregiver is only protected if they are being prosecuted along with their patient; however, sec. 4 states primary caregivers are immune...hence the quote....of course if they are being charge with possession of over 45 Kilo's the MMMA won't protect them.

Edited October 5, 2012 by mmurphy169

[master.caregiver]

they only had like 16 plants together and are legal for like 32 they were big plants deputy dog just guesed the weight wile i was there they suppresed the motion to dismiss under sec 8 and then re opend for monday they almost lost it right there

[Willy]

im thinkin they need a new lawyer, fire his donkey and get one that is familiar with mmmp... im curious also under weight/no dry,, but charged with 45kilos.. weighing wet plants.. that was done before and it wont hold water... get/find a new lawyer.

[master.caregiver]

law inforcement lied to get the warent and broke the chain of evidence ther is pictures and paper proving this all

 

this should of been and open and shut case but i dont see it going that way we all know that care givers are covered none of mr or mrs caregivers patients have been charged with any thing just mr and ms care giver

[master.caregiver]

they can NOT AFORD another atorney gave all money to the donkey they have now they do need all of our help

[master.caregiver]

no not drying still growing like 2 weeks before done outdoor in locked inclosed fence

Edited October 5, 2012 by master.caregiver

[master.caregiver]

(plants counts are based on 12 per patient, rather than a multiple of 16 like you described, by the way, so I hope this is not the source of the issue),

 

ya i know 12 plants per patient we all know the law that is the hole point he had like 8 in one spot and she had like 8 in another spot UNDER 12 IN EACH PLACE PLUS THEY HAVE CARDS FOR WAY MORE

[Restorium2]

Maybe the catching point is access. If anyone had access to more than the plants they were responsible for it can get dicey. Like one patient having access to all 16, in this situation. That's one of those Schuette rules.

[Fat Freddy]

*Looks like they need a relief fund so they can fire the donkey and hit the donkey with ineffectiveness assistance of counsel to recoup their money.

As I read sec 4 it clearly states that the caregiver is covered. I just hate over zealous prosecutors. In this case it seems that the prosecutor has no clue as what the law is and coupled with an inept defence lawyer is a recipe for bad things.

 

*Any chance of them getting some community help?

[Willy]

IM with Freddy, get rid of that worthless lawyer, he is doing more harm than good....

[ozzrokk]

If they had none dry or drying and all plants were still in the ground then they had 0 usable meds. Anything on the plant in the ground should count as nothing but a plant. Nothing but a plant and 0 towards usable meds.

[AmishRnot4ganja]

Make sure you file a suit to recoup losses after you win. Ignorance of the law is no excuse and it sounds like these LEOs need to pay dearly for a lesson in the MM law.

[Fat Freddy]

Make sure you file a suit to recoup losses after you win. Ignorance of the law is no excuse and it sounds like these LEOs need to pay dearly for a lesson in the MM law.

 

Yeah sock it to them for Discrimination against the disabled, Defamation of character, Mental anguish,. I am sure there is more that applies.

[t-pain]

dont forget to file a complaint to the bar association for any prosecutors who are engaged in wrongdoing.

not sure if it will work, better ask.

[Herb Cannabis]

Make sure you file a suit to recoup losses after you win. Ignorance of the law is no excuse and it sounds like these LEOs need to pay dearly for a lesson in the MM law.

 

I heard that you can't file suite against the state for mmj, is this not true?

[ozzrokk]

I heard that you can't file suite against the state for mmj, is this not true?

 

 

 

That is NOT TRUE ..... Yet .....

[master.caregiver]

ok so i was a little off on the plant count mrs care giver was carded for 72 plants mr caregiver for 12 for a total of 84 they had 72 some still growing inclosed and locked in a green house (there was 2 or 3 of them in the backyard green houses not plants )( the locked green house's are also behind 7' privacy fence ) and the rest were in the veg and cloneing stage point is mr and ms caregiver had there own plants in SEPRATE AREAS and was under what they where carded for at the time except mr with 12 had his max that he was allowed and mrs w/ 60 was under

Edited October 6, 2012 by master.caregiver

[Restorium2]

there was 2 or 3 of them in the backyard

 

That's all it takes.

[master.caregiver]

any one willing to help this young coupple out please feel free to come to the court house on monday there lawer needs all the help he can get any lawers out there willing to help , protesters paper work state vs so on any thing you all think will help i have known these people since high school they are good people with legit problems

[master.caregiver]

2 0r 3 green houses not plants EVERY plant WAS LOCKED AND INCLOSED

Edited October 6, 2012 by master.caregiver

[Restorium2]

2 0r 3 green houses not plants EVERY THING WAS LOCKED AND INCLOSED

Sorry, I didn't get that right.

[master.caregiver]

im thinkin they need a new lawyer, fire his donkey and get one that is familiar with mmmp... im curious also under weight/no dry,, but charged with 45kilos.. weighing wet plants.. that was done before and it wont hold water... get/find a new lawyer.

do you have any state vs links or paper work