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Anyone Else Get A Ticket For "illegal Transport"? I Am A Card Holder.


kentuckyrain

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Yes, a ticket from a state trooper for illegal transport, says to deal with it in 10 days, it is going on 2 weeks, stopped in and called them, they said they are issuing a court date? Not sure what is gonna happen and not received anything in the mail as of today,,, Hubby is a card holder,   but did not have one joint in a locked box , (even though I purchased one and he chose not use it ) it was under the passenger seat.

 

Anyone else get this ticket? If so, what happened? What should I expect?

 

Thanks in advance,,,,

Edited by kentuckyrain
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Wow this is the first such ticket that I have heard of since they put this in.

 

 

Not sure what you can expect but you may want to look on the LARA site and see the new amendment to see what the possible penalties are.

Thank you, yeah I looked, up to 93 days in jail and up to 500 dollar fine,, hoping neither will happen to my hubby, :)

Note to men, listen to your wives! lol, well its not funny,,,  we are preparing for the worst, but why a court date? I would have thought he would have just had to pay a fine?

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I would think it would be more on the fine end but who knows with leo and prosecutors. I mean they did get this part put in for a reason. I mean it was tailored for the State.  Cant let those grimlins out ya know....

So true, I also read somewhere that the fines for this will be going to the libraries,, really? People still use libraries?

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Yes, a ticket from a state trooper for illegal transport, says to deal with it in 10 days, it is going on 2 weeks, stopped in and called them, they said they are issuing a court date? Not sure what is gonna happen and not received anything in the mail as of today,,, Hubby is a card holder,   but did not have one joint in a locked box , (even though I purchased one and he chose not use it ) it was under the passenger seat.

 

Anyone else get this ticket? If so, what happened? What should I expect?

 

Thanks in advance,,,,

 

 

Thank you, yeah I looked, up to 93 days in jail and up to 500 dollar fine,, hoping neither will happen to my hubby, :)

Note to men, listen to your wives! lol, well its not funny,,,  we are preparing for the worst, but why a court date? I would have thought he would have just had to pay a fine?

 

:popcorn:

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:popcorn:

Lol, yes we did go in to the court house 2 days later, they had no info on the ticket, and he called on day 4, still no info on ticket. He caeylled again yesterday (past 10 days, they said he should receive something in the mail regarding a court date, still not received anything yet. :(

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Lol, yes we did go in to the courthouse 2 days later, they had no info on the ticket, and he called on day 4, still no info on ticket. He called again yesterday (past 10 days, they said he should receive something in the mail regarding a court date, still not received anything yet. :(

That's good, just be honest and let the Judge know the whole story. 

 

 

Lara is also harassing caregivers making them prove all their past convictions were not felonies and requesting fingerprint cards from the state police.

 

Good Luck

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That's good, just be honest and let the Judge know the whole story. 

 

 

Lara is also harassing caregivers making them prove all their past convictions were not felonies and requesting fingerprint cards from the state police.

 

Good Luck

Wow, I had no idea about that, thank you for the additional info, its hard keeping up with the laws, you cant expect to hear about them on the news,,, what would we all do if we did not have the internet? If we are state card holders, should not Lara have sent each and every one of us a newsletter to keep us up with the latest law changes? I did not receive anything from Lara about the new law changes, lord knows they did not advertise this on the news,,, ugh,,

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Section 4 immunity test case here. While the uncased joint is against the law, the mmma operates by providing immunity to arrest or prosecution to breaking some laws in certain circumstances. The mmma specifically names transportation of medical marijuana in amounts if less than 2.5 oz as qualifying for the immunity provision. Could be you never heard anything because the prosecutor understands this.

Edited by BirdHunter
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make sure to keep checking the court with it. otherwise they could put a warrant out for failure to appear or some moo poo.

you may want to ask a lawyer or two if they can make a call for you. these courts arent allowed to string people along like this and its good to get some kind of 3rd party invovled if they are messing with 10 day limits and such. or maybe the court can provide that information in writing that they cant locate the info. make them produce some papers.

 

was the joint in any kind of container? envelope? prescription bottle? sock? baggie? ANYTHING?

because the definitions in the law do not specify 'locked' only 'enclosed' (i think)...

 

oh, and the other prevailing thought is that the mmma says in section 7 '(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.'

which means that stupid hb4856 may not even apply to medical marijuana patients. since section 4 has a 'presumption of medical use' and 'medical use' is defined as transportation. 

 

since hb4856 puts a limit on transportation, it , by definition, is 'inconsistent with this act'.

 

of course i am no lawyer, this is not legal advice.

if you get your papers in order and highlight these things and show it to prosecutor, the charges maybe dropped. or show them to judge, maybe dropped there. if not, fight the hell out of it!

Edited by t-pain
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Not sure Bird, he did have to unfasten seat belt in order to reach behind passenger seat to get the joint, no the joint was flowing freely on the floorboard, no case enclosed, just freely, but not freely enough for him to have gotten it without pulling over and unbelting the seatbelt

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make sure to keep checking the court with it. otherwise they could put a warrant out for failure to appear or some moo poo.

you may want to ask a lawyer or two if they can make a call for you. these courts arent allowed to string people along like this and its good to get some kind of 3rd party invovled if they are messing with 10 day limits and such. or maybe the court can provide that information in writing that they cant locate the info. make them produce some papers.

 

was the joint in any kind of container? envelope? prescription bottle? sock? baggie? ANYTHING?

because the definitions in the law do not specify 'locked' only 'enclosed' (i think)...

 

oh, and the other prevailing thought is that the mmma says in section 7 '(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.'

which means that stupid hb4856 may not even apply to medical marijuana patients. since section 4 has a 'presumption of medical use' and 'medical use' is defined as transportation. 

 

since hb4856 puts a limit on transportation, it , by definition, is 'inconsistent with this act'.

 

of course i am no lawyer, this is not legal advice.

if you get your papers in order and highlight these things and show it to prosecutor, the charges maybe dropped. or show them to judge, maybe dropped there. if not, fight the hell out of it!

Will definately keep checking daily with the court and their status,,

No, it was loose on the floorboard, had to remove seat belt to get it, but it was loose, not enclosed in anything,

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it was rolled...

 

so by actual and the most simple definition was your cannabis enclosed in a container?

 

possibly.. in a paper one but a container none the less.. it was not strew about on the floor.

 

the new rules do not express the nature of the materials required to enclose your cannabis in a container.

 

and as you stated it was clearly out of reach from the driver...

 

not even trying to say that it would be ok...

 

but its another avenue to approach your problem from with outside of the box thinking..

 

good luck and please defiantly keep us informed as to the results of your predicament.

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it was rolled...

 

so by actual and the most simple definition was your cannabis enclosed in a container?

 

possibly.. in a paper one but a container none the less.. it was not strew about on the floor.

 

the new rules do not express the nature of the materials required to enclose your cannabis in a container.

 

and as you stated it was clearly out of reach from the driver...

 

not even trying to say that it would be ok...

 

but its another avenue to approach your problem from with outside of the box thinking..

 

good luck and please defiantly keep us informed as to the results of your predicament.

Will do,,, as soon as I hear something,, will let you guys know what has come of this new law,,

 

Thank all of you for your comments,,,,

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