Jump to content

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


kentuckyrain

Recommended Posts

i just thought i should quantify my statement from the other day..

 

i was in the middle of my colonoscopy prep when i wrote the above statement..

 

as usual i was not thinking very clearly before i hit the enter key :)

 

i don't think having your cannabis wrapped in paper is going to suffice in a legal situation as it pertains to the law requiring it be in an enclosed case...

 

however if push came to shove..  the idea is that you should explore every possible defense no matter how silly it may seem on the surface right now..  try to gain every possible advantage for your fight..

 

hopefully this ends on a happy note for you with a minor fine as a reminder to follow the new regulations and nothing more...

I do understand the point you were making and I appreciate it very much!!!

Link to comment
Share on other sites

  • Replies 120
  • Created
  • Last Reply

Top Posters In This Topic

Heck no no one got that ticket, we are all perfect and wouldnt transport it under the passenger seat or in the glove box or have a bowl in our pocket, or have our mini oil vape on us,  we are all perfect here, we would not do that!  :bong7bp:

 

Wow, did they smell it or what? well depending on how much whether it was smoked or not they can smell out med grade mm, I havent heard of people getting  popped like that???? (ok I will stop being an arse hole) im just kidding any how, I usualy have somethin on my person for when i get to where we are going,  so I can sneak a puff or 10 in!  it is realy hard to teach an old dog new tricks, but if your gonna take the time to get legal, well follow the law, even than you have a good chance of being messed with,  even if you only have an oz in the car,  they can smell it alot more than we can, and that is all a cop needs is probable cause to search your car..so dont ever drive with over your legal amount as a c.g/pt or pt or just a cg! if you dont have a trunk you realy should put it in the back in some tiype of lock box and make sure you take a pic of it and where it is before you go off on your journey!  we have a lock box it stays at home most of the time, but we have brought it with us camping and such just to cover out butts!  no sense giving leo a good reason to check you car,

 

All I can say is follow the law, read the law and read it again and again and follow it, if you dont want to be a non using mm jail bird! lol :judge:

 

Peace

Jim

He was pulled over for a stupid reason being his own fault, and yeah, the officer smelled it, not the smoked odor(because he had not smoked any in the vehicle)  but the mmj grade and had probable cause. he was certainly under his legal amount to have, it was in a jar under the passenger seat, he had to remove his seat belt and use both hands to get it. (he removed it from the jar before handing it to the officer)  I agree with ya,,, follow the law, read it again and again, will certainly do from now on!! 

Link to comment
Share on other sites

What Mal meant was HB 4853 aka the transportation bill, was passed with a simple majority in the House and Senate and was signed by Gov Snyder.

 

Any bill amending the Medical Marihuana Act must have a 3/4 majority in both chambers.

 

Hence it may be a very expensive trip to court to try and overturn the law.....

 

You would be trying to get the law thrown out because it did not comply with the Act.  Prolly pretty big long shot...

Link to comment
Share on other sites

u need atty

we r no sub

 

I do agree, unfortunately we don't have the funds for an atty. We are going to have to figure this out for ourselves and hope that we can get some free legal advice as to how to go about handling this. Neither of us have a job and our savings that we have been living off of for almost  a year is running very low. If anyone has seen my previous posts, you will see we are not growing enough to sustain our own medical needs and the growing itself has been a nightmare, lol. It would be so much easier to just throw the towel in on this MMMJ and go back to prescription meds, but I am not interested in getting another stomach ulcer anytime soon. 

 

Sorry, just frustrated and needed to vent, we all make mistakes and there is no going back to re-do anything, if only we could though, lol. 

Link to comment
Share on other sites

What Mal meant was HB 4853 aka the transportation bill, was passed with a simple majority in the House and Senate and was signed by Gov Snyder.

 

Any bill amending the Medical Marihuana Act must have a 3/4 majority in both chambers.

 

Hence it may be a very expensive trip to court to try and overturn the law.....

 

You would be trying to get the law thrown out because it did not comply with the Act.  Prolly pretty big long shot...

Wow, I understand! It is crazy that that they could even change the law if it was written into the act that they needed 3/4 majority to do this, how could this even happen then? We the people no longer exist?

Link to comment
Share on other sites

They didn't amend the MMMAct, they passed a law regulating the transportation of usable cannabis.  They believe they don't need to amend the law to do basic safety regulations. We obviously believe they should have to.

 

The real problem is, the bill passed almost unanimously in both houses and well over the 75% needed to pass if they were trying to amend the Act.

 

So,.. it is possible to fight this law saying it needed to pass as an amendment to the MMMAct.  The problem is, even if they lose in court, they will likely just pass the same bill, or similar, with the 75% majority they need.

 

The good side, some people will get off their misdemeanor charges and it will give us another bite at the apple to neuter the language more and remove some of the restrictions.

 

Tough to say.

Link to comment
Share on other sites

kentuckyrain,... there are a few ways to go about it.

 

Fight it and hire a lawyer.

 

Fight it with a public defender.

 

Admit guilt and beg for mercy.

 

Play stupid and feign lack of compliance as a result of ignorance. Ignorance now removed.

 

:-)

 

 By the look of your means... the bottom 3 options are available.

Link to comment
Share on other sites

kentuckyrain,... there are a few ways to go about it.

 

Fight it and hire a lawyer.

 

Fight it with a public defender.

 

Admit guilt and beg for mercy.

 

Play stupid and feign lack of compliance as a result of ignorance. Ignorance now removed.

 

:-)

 

 By the look of your means... the bottom 3 options are available.

Thank you :)

Link to comment
Share on other sites

Will do my best and try to learn about what those sections are and how to go about filing for them...

 

i am not a lawyer and have not tried this myself, this is not advice.

 

you have to file a motion to dismiss. then you quote the mmma, then you quote the koon case.

you may have to file two seperate motions, one for sec4 and one for sec 8. 

the sec4 is important because if dismissed, it will not go to trial and will cost you less.

the sec8 will be more court time.

 

file the motion to dismiss before the trial starts. thats for sure. file it as soon as possible!

 

more details i've gleaned from reading CoA and MSC opinions:

to file a sec4/sec8 motion to dismiss, i think you need the following:

1. provide evidence you are following the MMMA, specifically the 3 prongs from king/kolanek

1a. which i think are plant/usable mmj count, doctors rec before the 'crime' occurred, and proof that you were using mmj for your medical need.

2. provide evidence you are within section 4/section 8, which means a copy of your cards and doc rec. did you have your cards and presented them to the cop when you were stopped? because section 4 states that is required. hopefully you also were not pulled over in a school zone.

2. copy from the MMMA section 7 where it states all other acts conflicting are not applicable

3. copy the mmma section 3f 'medical use' section, which has no limits on 'transportation' (except prisons/schools/buses etc)

 

now theory:

4. underline that hb 4856 says 'a person' shall not transport 'usable marijuana'. where 'a person' does not specify 'a qualified registered patient'.

5. print a copy of the 4856 draft that started as saying 'a medical marijuana patient' shall not transport usable marijuana.

6. use that change of draft 4856 to finished 4856 to show that the legislature knew it couldnt add a sec3/sec4/sec8 'transportation' limit without changing the MMMA.

therefor, the MMMA still protects patients from transportation limits.

 

annd good luck. be sure to post more if you have further questions

i am not a lawyer, do not take any of my posts as legal advice.

 

my personal advice is that a lot of people have been dragged thru the courts for years.

so if its not a big misdemeanor , whatever the fine is, may be less than the cost of the public defender / real lawyer.

you may want to search the court (use PACER?) to see who else has gotten a ticket and gone to court on this issue.

you maybe able to join and help them, while you file a motion to wait until the other court case finishes.

that way someone else may fight the exact same issue and win, thus easily dismissing your case.

Edited by t-pain
Link to comment
Share on other sites

i am not a lawyer and have not tried this myself, this is not advice.

 

you have to file a motion to dismiss. then you quote the mmma, then you quote the koon case.

you may have to file two seperate motions, one for sec4 and one for sec 8. 

the sec4 is important because if dismissed, it will not go to trial and will cost you less.

the sec8 will be more court time.

 

file the motion to dismiss before the trial starts. thats for sure. file it as soon as possible!

 

more details i've gleaned from reading CoA and MSC opinions:

to file a sec4/sec8 motion to dismiss, i think you need the following:

1. provide evidence you are following the MMMA, specifically the 3 prongs from king/kolanek

1a. which i think are plant/usable mmj count, doctors rec before the 'crime' occurred, and proof that you were using mmj for your medical need.

2. provide evidence you are within section 4/section 8, which means a copy of your cards and doc rec. did you have your cards and presented them to the cop when you were stopped? because section 4 states that is required. hopefully you also were not pulled over in a school zone.

2. copy from the MMMA section 7 where it states all other acts conflicting are not applicable

3. copy the mmma section 3f 'medical use' section, which has no limits on 'transportation' (except prisons/schools/buses etc)

 

now theory:

4. underline that hb 4856 says 'a person' shall not transport 'usable marijuana'. where 'a person' does not specify 'a qualified registered patient'.

5. print a copy of the 4856 draft that started as saying 'a medical marijuana patient' shall not transport usable marijuana.

6. use that change of draft 4856 to finished 4856 to show that the legislature knew it couldnt add a sec3/sec4/sec8 'transportation' limit without changing the MMMA.

therefor, the MMMA still protects patients from transportation limits.

 

annd good luck. be sure to post more if you have further questions

i am not a lawyer, do not take any of my posts as legal advice.

 

my personal advice is that a lot of people have been dragged thru the courts for years.

so if its not a big misdemeanor , whatever the fine is, may be less than the cost of the public defender / real lawyer.

you may want to search the court (use PACER?) to see who else has gotten a ticket and gone to court on this issue.

you maybe able to join and help them, while you file a motion to wait until the other court case finishes.

that way someone else may fight the exact same issue and win, thus easily dismissing your case.

 

 

Thank u so much, I am taking note and printing off all kinds of paperwork for hubby to take to court next week where he is planning on plea-ing Not Guilty,,,, He has evidence that he did not go against the law, or the new "transportation law" that conflicts with our MMMA law Section 4. I have printed and highlighted off everything that he can take to the judge,, he is planning on fighting this 100 percent and he hopes for a jury trial, he does not have an attorney, (you would think one would step up in this case just to get a name for themselves and do a Pro Bono) but he is fighting this as long as we can take it without a hired attorney,, we have the facts, we have the law of the Section 4 of the MMMA act, and then, we have innocence,  the fact that he had it in " Enclosed (jar with lid) and container (jar) and not "readily accessible from the interior ( Readily accessible, to not remove any obstacles to get to,) He had to remove his seat belt to get to the jar, under the passenger seat,,, to us, that is not readily accessible,,, So we are planning on fighting this as far as we can go,,, without an attorney,,, God Speed,,

Link to comment
Share on other sites

Thank u so much, I am taking note and printing off all kinds of paperwork for hubby to take to court next week where he is planning on plea-ing Not Guilty,,,, He has evidence that he did not go against the law, or the new "transportation law" that conflicts with our MMMA law Section 4. I have printed and highlighted off everything that he can take to the judge,, he is planning on fighting this 100 percent and he hopes for a jury trial, he does not have an attorney, (you would think one would step up in this case just to get a name for themselves and do a Pro Bono) but he is fighting this as long as we can take it without a hired attorney,, we have the facts, we have the law of the Section 4 of the MMMA act, and then, we have innocence,  the fact that he had it in " Enclosed (jar with lid) and container (jar) and not "readily accessible from the interior ( Readily accessible, to not remove any obstacles to get to,) He had to remove his seat belt to get to the jar, under the passenger seat,,, to us, that is not readily accessible,,, So we are planning on fighting this as far as we can go,,, without an attorney,,, God Speed,,

God speed my friend..... Hope everything works out for you. So very sorry you could not get a lawyer. Will keep you and your family in my prayers.

Link to comment
Share on other sites

Update,,, have a friend whom received the same ticket/misd, in the same county,,, he got a fine of 600 dollars, no probation, no jail,,,, he used the public pretender,,, he had a larger amount than me, and had it in his glove compartment.,,, anyhow, just an update on someone else with the same problem..,,,,  I guess my only question is,, if the law states a 500 max fine, why did he get 600? Was that court costs added in?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...