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It's Come To This , Had To Take A Plea ...i Can Now Answer The Many Questions...


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  • Medical marijuana questions left open by plea agreement
  • By Dennis Pelham
    Daily Telegram Staff Writer
    Jan. 16, 2013 4:00 pm
  • ADRIAN --
    ADRIAN — A legal battle over medical marijuana rules was cut short Tuesday by a plea bargain.
    A fourth day of a hearing on whether a Rome Township man was growing and dispensing marijuana within limits of Michigan law was canceled. Kevin Robert McGrath, 43, dropped a challenge to felony charges brought against him and pleaded guilty to two reduced misdemeanor counts of marijuana possession.
    McGrath testified during a hearing that started Dec. 12 that a grow operation at his home did not exceed a limit on the number of plants or volume of marijuana needed to supply himself and five other medical marijuana patients he was certified to care for.
    The Lenawee County Prosecutor’s Office sought to block a medical marijuana defense in circuit court because of the volume and by challenging the legitimacy of medical marijuana cards issued to McGrath and his patients.
    Michigan State Police laboratory technicians were to testify Tuesday in circuit court on their analysis of plants and material seized during a July 15, 2011, police raid at McGrath’s home.
    Assistant Prosecutor Douglas Hartung said their reports stated 99 plants and 4.5 to 5 pounds of processed marijuana were seized. The legal limit is 72 plants and 15 ounces of processed marijuana for a caregiver supplying himself and the maximum five patients.
    McGrath testified Jan. 3 that most of what police called harvested marijuana was “debris” he intended to destroy. He also said he believed he had only about 60 plants large enough to be counted, He said he believed his operation was well within a section of the state law that allows a volume sufficient for a continuous supply to meet patients’ medical needs.
    McGrath is to be sentenced Feb. 19. Judge James E. Sheridan ruled his medical marijuana card would be suspended until McGrath provides evidence of a doctor’s legitimate authorization.
    “I’m afraid I’ve seen this Act used as a pretext to use marijuana,” Sheridan said.
    Three doctors testified at McGrath’s hearing about procedures followed in authorizing medical marijuana cards for him and his patients.
    One doctor, Arthur Schechet of West Bloomfield, testified he did “what I felt was appropriate for the patient.” He said it is up to lawyers and courts to decide if the one-time visit met legal requirements of a bona fide patient relationship.
    That question was not answered in court, leaving other patients and caregivers in Lenawee County without clear guidance on the issues raised in the case.

  • By Dennis Pelham
    Daily Telegram Staff Writer
    Jan. 16, 2013 4:00 pm
  • Page 2 of 2 --
    Lenawee County has an unusually large number of registered patients. In June, there were 2,271 registered patients and 852 registered caregivers in the county, according to the Michigan Department of Licensing and Regulatory Affairs. That equals 2.3 percent of the county population. Statewide, 1.3 percent of Michigan’s population was registered to use medical marijuana last year.
    It has been difficult to apply the medical marijuana law since it was passed by voters in 2008, Hartung said after resolving the McGrath case with a plea bargain.
    “We’re working with a new law that was poorly written, and courts are struggling to deal with it,” he said.
    Amendments intended to clarify some issues were passed by the Legislature in December and will take effect April 1.
    Medical marijuana users, Hartung said, “need to make sure they follow these rules. They’re not that hard.”
    The new law allows doctors to authorize medical marijuana after one visit with a patient, he said, but sets up some qualifications. The requirements include an in-person medical evaluation with a full assessment of a patient’s medical history and current condition, and a “reasonable expectation” for follow-up care and monitoring of the efficacy of the medical marijuana treatment.

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Yano it may sound strange but for some reason I actually like this Doug Hartung gentleman,,,even though he was trying his darn hardest

to prosecute me..

It was interesting being on the stand and jousting with him. I'll think of it as a lifetime experience I'll never forget and of course I'm not interested

in replicating that ,but it would be neat to sit down and just talk with him in a conversation about so many questions I have in any setting but a

court room,,,say maybe me n him fly fishing on a river ...

 

I'm not interested in hating anybody nor harboring anger ,,,although the two cops that headed this case were as dirty as a bag of fox farm organic

and need immediate FBI attention in my opinion,as they lied on every darn turn of my report and planted evidence ..I wore a uniform in Desert Storm

and take great offense to dirty ,corrupt men in a uniform,,,it destroys the image and integrity .

Edited by KindWave Hydro
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Thanks Greg...well any charges against me are a loss in my book as we had these guys beat from the onset ...

I'm still scratching my head as to why they can't interpret section 8 as it is ?

It's as bold and unambigious as one could ask for,,and I qualified for it without any doubt but in the end was yet again

contrary to what the Supreme court has decided...

 

I had nothing over 1.5 lbs max of any dry usable flowers when they confiscated everything ,,,the garbage that the lab

has stated as bud is utter rubbish ..

 

Although given how corrupt these cops are I cant say that it was supplemented before it made it to the lab and the

techs are accurate ? I only know what I had that day ...

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That's a good Attitude to have do you think you we're guilty ?

 

 

I'll always remain happy and just move on ,,life is too short to be mad and I have people with MS and Cancer

that I'm currently pursuing to help with my plants so my focus is there and not on myself.

 

But I was not guilty ....No not ever .... or shall I say in violation of section 8 in any way ...

And section 8 has been integral and the law since it was introduced in 2008 ..

 

It's always been there ....

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For the record there was a galfriend living with me at this time and had been a resident for over 4 years

She was also a patient and her own caregiver so the actual allowable count of plants under a section 4

was 84 and 17.5 ounces of dry usable ....

 

It seems that gets left out on the reporting strangely ....

 

a tray full of freshly cut clones were counted as plants in the raid and this was their excuse for ransacking

my place destroying everything ..

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I have been in this county my whole life although I was born on a military base in NJ during the Nam

I am now determined to sell this house I built and move to Ann Arbor where I can take care of people

in need and continue my passion for this plant in the presence of intellectuals and a sincere populace.

Edited by KindWave Hydro
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I'll always remain happy and just move on ,,life is too short to be mad and I have people with MS and Cancer

that I'm currently pursuing to help with my plants so my focus is there and not on myself.

 

But I was not guilty ....No not ever .... or shall I say in violation of section 8 in any way ...

And section 8 has been integral and the law since it was introduced in 2008 ..

 

It's always been there ....But no one can use it YET we our going to change it

 

Good luck and as long as you can use MMJ And still grow and help people

that's the most imported thing that you are happy

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Isnt it funny how my actual license is suspended until I provide proof from a Dr that my condition is bonafide and legit ?

 

I'm sorry your honor but that's exactly what the card is for

 

Are you saying that the state of MI Health Dept and regulatory Affairs is not adequate enough to validate this ?

 

Did I not already meet this criteria ??

 

arrghh....The Justice system is one that I want no part of ....I don't ever wanna be in a court house again ...

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The actual number of patients a caregiver can have under section 4 is five. If that caregiver is also a patient, they would be able to possess 15 ounces of usable material, and 72 plants.

 

I am a patient ...I was a CG for 5

 

one patient also lived at this residence and was her own CG adding another 12

 

Not sure why thats confusing ?? but I'm sure youll understand now Zap.....;)

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Good luck and as long as you can use MMJ And still grow and help people

that's the most imported thing that you are happy

 

 

Thanks so much ...

I am just wanting this behind me in the rear view mirror and move on in life

it's absolutely crazy that I'm looking at charges for possession being a patient

etc but I'm sporting more grey hairs since this started than I wanna admit ...

 

It is stressful and I don't care for stress...nor lawsuits and the judicial system

I just wanna love my plants ,engineer innovative hydroponic designs and concepts

and further my personal research into CBD rich strains for medical value ...

 

Maybe now I can get on with life and hope me and Mr Hartung can shoot the breeze in the

darn isle of a Meijers as gentlemen while getting groceries....?? bunny muffin who knows ?

I like life simple....

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Yano it may sound strange but for some reason I actually like this Doug Hartung gentleman,,,even though he was trying his darn hardest

to prosecute me..

It was interesting being on the stand and jousting with him. I'll think of it as a lifetime experience I'll never forget and of course I'm not interested

in replicating that ,but it would be neat to sit down and just talk with him in a conversation about so many questions I have in any setting but a

court room,,,say maybe me n him fly fishing on a river ...

 

I'm not interested in hating anybody nor harboring anger ,,,although the two cops that headed this case were as dirty as a bag of fox farm organic

and need immediate FBI attention in my opinion,as they lied on every darn turn of my report and planted evidence ..I wore a uniform in Desert Storm

and take great offense to dirty ,corrupt men in a uniform,,,it destroys the image and integrity .

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

you will get karma cookies for that kind of attitude! thanks for your service- as a vet fighter-

 

And i sense you will prolly not be stopped as a CG no matter what...your karma is good to take you far with that attitude!

 

so now you must prove your condition thru a doctor that allready recommended your mmj ....?...

you qualify as a vet IMO if that is your choice...?..you earned the right-

 

ha I have been wondering about the new 'bona' fide stuf ...and been watching your case--

 

keep us posted and good luk! I bet they don't waste their $$ on you again....you have carte blance now...IMO

as long as you follow the rules

Edited by purple pimpernel
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TY ...kindly

 

Yes I will attest that the true sticking point from this point forward in any case will be the patient DR relationship

They had better have plans set forth after the first visit for a follow up and or intent to do so in some form of writing .

 

This is crucial ....

 

Another point with regards to plant count for any defense if it finally makes it to a section 8 is something that I

demended be addressed in my case and that's the fact that a reasonable amount of plants must also take into

consideration the fact that lets say all the defendant's plants were from seed of course and were seedlings ..

 

The ratio of male to female is an accepted 50%

so half of the plant count in a raid is actually not going to be used after they have been sexed and determined to be males

as males are of no medicinal value

 

But they are a part of growing and need to be taken into consideration for the CG's required numbers ...

Most of my plants were very young and yet to be sexually determined at the time of confiscation,thus half

would have been discarded in another week.

Edited by KindWave Hydro
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having documented file of your condition goes far towards a defense....

.that's where its going-

so keep files from now on... ^^^^^and please post your experience

 

from the beginning of the law I saw it difficult for a person to actually cultivate the allowed number of plants and stay within numbers..

almost impossible to start from scratch and succeed in that--

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Isnt it funny how my actual license is suspended until I provide proof from a Dr that my condition is bonafide and legit ?

 

I'm sorry your honor but that's exactly what the card is for

 

Are you saying that the state of MI Health Dept and regulatory Affairs is not adequate enough to validate this ?

 

Did I not already meet this criteria ??

 

arrghh....The Justice system is one that I want no part of ....I don't ever wanna be in a court house again ...

 

It is a mistake to call it a justice system, it is more likely an injustice system especially concerning the mmj patient/caregiver.

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It is a mistake to call it a justice system, it is more likely an injustice system especially concerning the mmj patient/caregiver.

 

 

Trust me youre preaching to the choir there...the mere fact that I am looking at sentencing on any level for being raided with no search warrant

no laws violated and fully compliant 4 years into this law is enough to show how injust this is...After they dragged all of my patients and DRs in to

try and humiliate them ,,,only to verify all were 100% legitimate ...I'm forced to take a charge due to being stripped of my section 8 protection.

It's sickening ,,,but I'm moving forward this time in a county void of corruption ...don't be fooled its all about asset forfeiture ...

 

 

There isnt a jury in this state that will convict a card holder for MJ .....I know the mindset of the people today ...

Edited by KindWave Hydro
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It does not matter whether the plants are male or female. It does not matter if it is a clone without a single root.

 

They count towards your plant count.

 

 

while true Hayduke you are missing the meat and potatoes of why I am bringing this to light ..

 

If and ever a caregiver or patient gets to actually use the damned section 8 defense in front of a jury

of their peers the fact that half of your plants are actually going to be destroyed as they are found to

be males and not of any medicinal value..

Then a jury will see this fact as true and understand the legitimacy and requirement that a grower is faced

with in justifying having more plants than the assinine amount allowed in section 4 .

 

This simply isnt adequate when attemnpting to sustain a perpetual harvest and process for making oil and

edibles for your patients and maintaining the proper amount of plants to fulfill the 3 stages of a perpetual

grow..

 

1, seedling stage

2.vegetative growth stage which covers both clones and seedlings that are still young and not mature enough

to enter into a flower stage to produce any reasonable amount of medicinal flower material.

3.the flower stage ..

 

 

Then you have to take into consideration the drying and curing stage

The failure rate (many seedlings may damp off,clones fail at a high rate and don't strike roots)

Pests and diseases ,fusarium,pythium,spider mites ,powdery mildew,bud rot . to name a few

obstacles we are faced with in getting this medicine to it's final state for the patient .

 

 

The Police simply arent aware of this world we live in and all it's complexities

they see it in black and white (the parameters or limits in section 4 ) and can't fathom any further

as they're incapable of doing so.

 

The wording and protection of section 8 is invaluable if it's ever actually applied in practice to

fulfill it's intent and that is to protect us and allow us to perform our duty without prosecution.

 

 

 

 

Let them place all these restrictions on the manufacturing process of any drug in a pharmaceutical

plant and let them raid them at any given time and see if they are in violation of anything ..lol

Let's see how long Pfizer would stay afloat ...

 

It's all comical if it wasn't so serious ...

Edited by KindWave Hydro
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Could you have built your case that the amount in your possession was necessary to provide an uninterrupted supply for you and your patients? Ask your lawyer (or how about it Cav?) if affidavits from your patients will suffice. Let me know.

Edited by GregS
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i recommend that you keep no more than fifteen oz around, Per the section 4. but if you must...

 

"Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant."

 

A pound and a half is well over the section 4 limitation of a maximum 15 oz. Hence my earlier question.

Edited by GregS
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while true Hayduke you are missing the meat and potatoes of why I am bringing this to light ..

 

If and ever a caregiver or patient gets to actually use the damned section 8 defense in front of a jury

of their peers the fact that half of your plants are actually going to be destroyed as they are found to

be males and not of any medicinal value..

Then a jury will see this fact as true and understand the legitimacy and requirement that a grower is faced

with in justifying having more plants than the assinine amount allowed in section 4 .

 

This simply isnt adequate when attemnpting to sustain a perpetual harvest and process for making oil and

edibles for your patients and maintaining the proper amount of plants to fulfill the 3 stages of a perpetual

grow..

 

1, seedling stage

2.vegetative growth stage which covers both clones and seedlings that are still young and not mature enough

to enter into a flower stage to produce any reasonable amount of medicinal flower material.

3.the flower stage ..

 

 

Then you have to take into consideration the drying and curing stage

The failure rate (many seedlings may damp off,clones fail at a high rate and don't strike roots)

Pests and diseases ,fusarium,pythium,spider mites ,powdery mildew,bud rot . to name a few

obstacles we are faced with in getting this medicine to it's final state for the patient .

 

 

The Police simply arent aware of this world we live in and all it's complexities

they see it in black and white (the parameters or limits in section 4 ) and can't fathom any further

as they're incapable of doing so.

 

The wording and protection of section 8 is invaluable if it's ever actually applied in practice to

fulfill it's intent and that is to protect us and allow us to perform our duty without prosecution.

 

 

 

 

Let them place all these restrictions on the manufacturing process of any drug in a pharmaceutical

plant and let them raid them at any given time and see if they are in violation of anything ..lol

Let's see how long Pfizer would stay afloat ...

 

It's all comical if it wasn't so serious ...

 

Nice write up. Now listen to what Hay said for the answer to the problem at hand. He is correct. If it is green, alive, and standing under its own power it is a plant. Start from there.

 

Dr. Bob

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