I'm Becoming Desperate

[Herb Cannabis]

Can I get a legal opinion PLEASE. I have been charged as you know with a CSA.

 

My Bonding agreement says specifically, Item 2, "Not use alcohol nor illicitly use any controlled substance."

 

I have a MMJ card for cancer, problem is that I am feeling the pain in my pelvic area and would like to consume my "RSO" in order to control my pain. It has been very effective so far.

 

I will apologize to those of you whom I have already sent an email asking this question previously, but I am becoming more and more desperate. I need a definitive answer fast. If you are a lawyer and you have an answer for me, I'd appreciate it a great deal.

 

I have been consuming 2 grams per day for the past several weeks and I fear that it is going to be in my system for a long time to come and that could also be a one way ticket back to jail.

 

PLEASE, PLEASE let me know if I can medicate. Thank you.

[Zombiefied]

You should find a reputable lawyer and give him a call. On here ur just gunna get some guy or gals opinion...

[Herb Cannabis]

You should find a reputable lawyer and give him a call. On here ur just gunna get some guy or gals opinion...

 

Thank you for your prompt reply, but, I was hoping that I could get a good legal opinion here in this forum.

[peanutbutter]

"illicitly use" seems to be the key phrase.

 

You have a license from the state, correct?

 

Do they have you pee testing?

Edited November 10, 2012 by peanutbutter

[Herb Cannabis]

"illicitly use" seems to be the key phrase.

 

You have a license from the state, correct?

 

Do they have you pee testing?

 

I was told a long time ago to contact you, from a mutual friend, I will send you a pm after I finish answering your post.

 

I do indeed have a valid MMJ card which doesn't expire until 3/1/13. I will never renew the card now as my money to the state is being used against me as I see it.

 

I am in agreement with you, the phrase reads, "illicitly use." In my opinion, I am in dire need of the "RSO" as I am beginning to feel stabs of pain in my prostate region. I can't believe that they would consider my use anything other than medicinal use, however, you know how our government is! I saw my family doctor yesterday and he did a digital exam and found a hard spot on my prostate, my psa is rapidly rising (.59 two years ago, now it is at 3.5 or 3.7), I'm sure that this is suggesting a recurrance. Doctor even stated as much, saying that my psa is rising for a reason.

 

They haven't said anything about a urinalysis. I have been ingesting 2 grams of the RSO for several weeks, I'm going to test positive forever anyway.

[phaquetoo]

You know there are alot of people who do take advantage of the mm law! wtf are they messing with a cancer pt? it doesnt make sense to me, did they get you for manufacturing, or sales, or what! I dont have a clue as to your situation, and why you are in court, but just being a cancer pt should show leo something, they have been accepting people with cancer and on treatments to use mj, its been going on since the 80's or earlier, If you had 1000 plants and was supplying the whole state, well Id feel bad you have cancer but not for breaking the law!

 

Ive been in the court system 3 times since becoming legal, simple possesion, so i had no probs getting out of them all, but I wasnt growing at the time, now I only have 1 pt and only their plant rights (12 plants and i can have 2.5 zips for pt) and 2.5 for me, I only grow maybe 7 plants at a time, in dif stages, I have a c.g also! so he can have the same ^^^^^ for me!

 

I hope you dont take this the wrong way, im just trying to get the whole story! most people in the system (I said most not all) were over their limits and brought leo to them for other reasons!

 

I wish you the best, I wish I could refer you to a attny ,,,cav is on here, matt able has always returned my calls when i called him!

 

Peace

Jim

[Herb Cannabis]

You know there are alot of people who do take advantage of the mm law! wtf are they messing with a cancer pt? it doesnt make sense to me, did they get you for manufacturing, or sales, or what! I dont have a clue as to your situation, and why you are in court, but just being a cancer pt should show leo something, they have been accepting people with cancer and on treatments to use mj, its been going on since the 80's or earlier, If you had 1000 plants and was supplying the whole state, well Id feel bad you have cancer but not for breaking the law!

 

Ive been in the court system 3 times since becoming legal, simple possesion, so i had no probs getting out of them all, but I wasnt growing at the time, now I only have 1 pt and only their plant rights (12 plants and i can have 2.5 zips for pt) and 2.5 for me, I only grow maybe 7 plants at a time, in dif stages, I have a c.g also! so he can have the same ^^^^^ for me!

 

I hope you dont take this the wrong way, im just trying to get the whole story! most people in the system (I said most not all) were over their limits and brought leo to them for other reasons!

 

I wish you the best, I wish I could refer you to a attny ,,,cav is on here, matt able has always returned my calls when i called him!

 

Peace

Jim

 

I have replied directly to the email notification, but in case you don't get it, my answer is: I was well under in both my plant count and dried weight.

 

I was growing a super rich cbd strain known as Harlequin. I hope they weren't planning on getting high on my dime, because that strain has almost zero buzz. I think that is funny.

 

I have been in touch with CL, he has been great. I have also been in contact with Matt Abel and of course you know what he is all about. He must have one huge heart. I am overwhelmed at how people will help a complete stranger, I was sure that I was the only one in the world like that cause I have met very few with a compassionate heart until this time in my life. It is truly overwhelming.

 

One last thought, I will not take any sort of a plea deal, I am not guilty of anything other than trying to live out the rest of my life as comfortably as possible. If my charges aren't dismissed it will go all the way to a jury of my peers, I feel that is my best bet as I know that 6.3 out of every 10 Michiganders voted for the Initiated Law 1 of 2008, they must also be a compassionate bunch.

 

Wish me luck.

[ilynnboy]

Herb I wish I could do more for you Other than pray for God's intercession on your behalf. I pray that God give you help, whether that be in the form of a good attorney or in a dismissal of all charges, Or at the very least a jury finds you not guilty.

May the rest of your days be filled with hope and freedom.

Your story breaks my heart as my father - in - law died from prostate cancer.

May Jah Bless...

If they are not making you take a urinalysis Then I say to continue your treatment.

You did say illicit use.

Edited November 10, 2012 by ilynnboy

[Herb Cannabis]

Herb I wish I could do more for you Other than pray for God's intercession on your behalf. I pray that God give you help, whether that be in the form of a good attorney or in a dismissal of all charges, Or at the very least a jury finds you not guilty.

May the rest of your days be filled with hope and freedom.

Your story breaks my heart as my father - in - law died from prostate cancer.

May Jah Bless...

If they are not making you take a urinalysis Then I say to continue your treatment.

You did say illicit use.

 

It is because of good people such as your self, that my days are becoming much easier.

 

I am overwhelmed at all of you and the outpouring of compassion. My hopes will remain high.

[ozzrokk]

Keep your head up Herb..... I do not have your answer but truly wish I did. HOPEFULLY someone that can at least give you some good advise on the situation comes along. May you be healthy and free soon....

[Herb Cannabis]

Keep your head up Herb..... I do not have your answer but truly wish I did. HOPEFULLY someone that can at least give you some good advise on the situation comes along. May you be healthy and free soon....

 

Thank you for your words of encouragement, it is appreciated. I will see if I can call a lawyer Monday to get my answer, until I do, I will continue to refrain usage. I'm really hoping that one of the lawyers on here will respond so that I don't have to wait that long.

 

The bond agreement says not to use illicitly, I would be using for pain management, the buzz is just a side effect. Beats the crap out of some of the side effects I have experienced from the pharmaceuticals, for example, damaged thyroid from the use of lithium.

[SFC]

I think it is a gamble no mater what unless the judge explicitly gives you permission to use MMJ. How much is your bond? If it is a very high bond and they decides to be D#@k's about it you might be stuck in jail for a bit. If your bond isn't crazy and your bond conditions aren't terribly stringent I could see giving it a go. You have a card, you have not been found guilty, you are not on probation. But like others have said, follow the advice of YOUR attorney.

[CaveatLector]

Give the judge's office a call and get an off-the-record opinion of the staff. Or, better yet, bring a motion to clarify or modify bond conditions.

[Herb Cannabis]

I'll be on that first thing Monday morning, thank you .

[phaquetoo]

I have replied directly to the email notification, but in case you don't get it, my answer is: I was well under in both my plant count and dried weight.

 

I was growing a super rich cbd strain known as Harlequin. I hope they weren't planning on getting high on my dime, because that strain has almost zero buzz. I think that is funny.

 

I have been in touch with CL, he has been great. I have also been in contact with Matt Abel and of course you know what he is all about. He must have one huge heart. I am overwhelmed at how people will help a complete stranger, I was sure that I was the only one in the world like that cause I have met very few with a compassionate heart until this time in my life. It is truly overwhelming.

 

One last thought, I will not take any sort of a plea deal, I am not guilty of anything other than trying to live out the rest of my life as comfortably as possible. If my charges aren't dismissed it will go all the way to a jury of my peers, I feel that is my best bet as I know that 6.3 out of every 10 Michiganders voted for the Initiated Law 1 of 2008, they must also be a compassionate bunch.

 

Wish me luck.

I wish you the best of luck! lets hope you get 95% friendly's on that jury, better yet lets see the prosecutor drop the case, or the judge throw it out at the prelim!

 

Peace

Jim

[lawyercaregiver]

What does being a patient have to do wtih bond conditions? The ONLY issue in a bond hearing is the propensity for the defendant to appear. We bring in ties to the community, family in the State and things like that. If anything being a patient in Michigan, going to a dispensary in Michigan, even things like having a grow in Michigan makes you MORE likely to appear in court the next time (since you have to much going on in Michigan to run). However, my ''''legal'''' advice is that they don't drug test for bond conditions and it says "illicit" and with your card you are not engaging in "illicit" use. Keep it zipped and no, I would not call the judge! If they drug test you, that is the time to have the lawyer file a motion to clarify bond conditions. Finally, this wild suggestion made by a recovering lawyer under the influence is a risk. If you get caught the judge has almost total discretion over your freedom....

[bobandtorey]

What does being a patient have to do wtih bond conditions? The ONLY issue in a bond hearing is the propensity for the defendant to appear. We bring in ties to the community, family in the State and things like that. If anything being a patient in Michigan, going to a dispensary in Michigan, even things like having a grow in Michigan makes you MORE likely to appear in court the next time (since you have to much going on in Michigan to run). However, my ''''legal'''' advice is that they don't drug test for bond conditions and it says "illicit" and with your card you are not engaging in "illicit" use. Keep it zipped and no, I would not call the judge! If they drug test you, that is the time to have the lawyer file a motion to clarify bond conditions. Finally, this wild suggestion made by a recovering lawyer under the influence is a risk. If you get caught the judge has almost total discretion over your freedom....

 

Thank you it's a very good opinion and I would not call the judge or any of the courts people

 

I have been wanting to call the Prosecutors office

For a long time but I know it's not a good Idea

 

And when I feel like making that call I just Medicate more that day

[CaveatLector]

What does being a patient have to do wtih bond conditions? The ONLY issue in a bond hearing is the propensity for the defendant to appear. We bring in ties to the community, family in the State and things like that. If anything being a patient in Michigan, going to a dispensary in Michigan, even things like having a grow in Michigan makes you MORE likely to appear in court the next time (since you have to much going on in Michigan to run). However, my ''''legal'''' advice is that they don't drug test for bond conditions and it says "illicit" and with your card you are not engaging in "illicit" use. Keep it zipped and no, I would not call the judge! If they drug test you, that is the time to have the lawyer file a motion to clarify bond conditions. Finally, this wild suggestion made by a recovering lawyer under the influence is a risk. If you get caught the judge has almost total discretion over your freedom....

To what "wild suggestion" are you referring? Did someone edit something out of the thread?

 

We should clarify things here so as not to confuse. Guaranteeing appearance is not the only issue in regard to setting of bond. Protection of the public is also an issue. To that end a judge can set bond conditions that require that you NOT consume alcohol, drugs, or frequent places such as bars. A judge can also, and routinely will, impose a "no contact" provision in cases involving assaultive crimes.

 

A judge, as you pointed out, has wide descretion. Therefore, if you do not understand a bond condition it is best to get it clarified. A medical marijuana card can protect you from Michigan criminal laws but not federal criminal laws. Therefore, your use can still be illicit under federal law. If one would like to gamble with one's freedom then I suppose they could assume no one will find out they are using the same way they could pop open a beer and drink it if they stayed home. However, suggesting that one just ignore the elephant in the room is no help.

 

Lastly, I didn't read where anyone indicated that the OP call the judge. The OP, in fact, cannot communicate directly with the judge off-the-record as that would constitute improper ex parte communication. However, an anonymous call to the judge's office that inquires of the staff as to any opinion they may have regarding the judge's position on medical marijuana could prove very helpful. If it were me I would call, indicate my concern regarding bond conditions, inform the staff of my patient status, and ask if they have any opinion as to how the judge may handle such a matter. A judge's staff is usually very informed as to how a particular judge may rule on certain issues. It can be a very helpful tool in a situation like this.

[bobandtorey]

 

 

I have replied directly to the email notification, but in case you don't get it, my answer is: I was well under in both my plant count and dried weight.

 

I was growing a super rich cbd strain known as Harlequin. I hope they weren't planning on getting high on my dime, because that strain has almost zero buzz. I think that is funny.

 

I have been in touch with CL, he has been great. I have also been in contact with Matt Abel and of course you know what he is all about. He must have one huge heart. I am overwhelmed at how people will help a complete stranger, I was sure that I was the only one in the world like that cause I have met very few with a compassionate heart until this time in my life. It is truly overwhelming.

 

One last thought, I will not take any sort of a plea deal, I am not guilty of anything other than trying to live out the rest of my life as comfortably as possible. If my charges aren't dismissed it will go all the way to a jury of my peers, I feel that is my best bet as I know that 6.3 out of every 10 Michiganders voted for the Initiated Law 1 of 2008, they must also be a compassionate bunch.

 

Wish me luck.

 

Good Luck

 

We need more people like you to stand-up if you are not guilty and I think your not

 

I tell people al the time if you did it say so but if you didn't then stand up tall

The odds of winning in a jury trail is 95% in the courts flavor

I couldn't believe it And the judges job is to make sure you are getting Prosecuted

The right way I couldn't believe that one either

 

[GregS]

Best of luck Herb. You are right to seek an attorney.

 

You are in my thoughts and prayers.

[pic book]

A judge's staff is usually very informed as to how a particular judge may rule on certain issues. It can be a very helpful tool in a situation like this.

If clerks will talk they are the inside word on what a judge would do. I worked in the court at Malibu, CA and the judges was most of what the clerks gossipped about; their stupid decisions that "were just like them," who they were sleeping with or trying to, where they vacationed, and "how corrupt they were."

[lawyercaregiver]

To what "wild suggestion" are you referring? Did someone edit something out of the thread?

 

Thems is CYA language- I just told a person to keep it zipped (i.e. ignore his bond condition and shut up about it) which this recovering lawyer does not need to metastasize into bad things if it explodes like a North Korean rocket.....Of COURSE the legal thing to do is to file a motion to clarify bond condition, and stand on one foot and clap your hands and make that honk-honk sound while you balance the ball on your nose blah blah...

[Timmahh]

Thems is CYA language- I just told a person to keep it zipped (i.e. ignore his bond condition and shut up about it) which this recovering lawyer does not need to metastasize into bad things if it explodes like a North Korean rocket.....Of COURSE the legal thing to do is to file a motion to clarify bond condition, and stand on one foot and clap your hands and make that honk-honk sound while you balance the ball on your nose blah blah...

 

Still need a Thank You button here. I would push it for that ^^^.

[bobandtorey]

I do indeed have a valid MMJ card which doesn't expire until 3/1/13. I will never renew the card now as my money to the state is being used against me as I see it.

 

I would go ahead and get your card just in case they come back to raid you again

They always come back IMO its worth the $25

 

When we got raided they didn't have a warrant until after about 2 hours

when they went after it

during that time they kept asking me where is that paper we gave you Bob

and I said you didn't give us no papers they said yes we did your sitting on it

 

I said no am not I knew that it was all being recorded by them but now their is no recordings of the raid YOU THINK!

And how Surprising is that to any one they thought we both were on probation

And I don't think they need a warrant if you are out on bond or probation IMO

I also know that Leo records every raid so that they can go back to their office and make up their reports they don't want to leave anything out

 

 

 

 

But now they say they don't have any !YOU THINK

 

[bobandtorey]

I also know their is a cover up by them and they are going to get caught in their Lie's because I remember it all just like it happened yesterday they don't

 

Because I tell our story every day to everyone I talk to and when you start out telling the truth the truth will alway stand if you lie about something you can't remember all of your lie's