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


kentuckyrain

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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,,

 

en·close 

tr.v. en·closed also in·closed, en·clos·ing also in·clos·ing, en·clos·es also in·clos·es
1. To surround on all sides; close in.
2. To fence in so as to prevent common use: enclosed the pasture.
3. To contain, especially so as to envelop or shelter: "Every one of those darkly clustered houses encloses its own secret" (Charles Dickens).
4. To insert into the same envelope or package: enclose a check with the order.
 
 

case

n.
1. A container; a receptacle: a jewelry case; meat-filled cases of dough.
2. A container with its contents.
3. A decorative or protective covering or cover.
4. A set or pair: a case of pistols.
5. The frame or framework of a window, door, or stairway.
6. The surface or outer layer of a metal alloy.
7. Printing A shallow compartmented tray for storing type or type matrices.

 

 

seems to me - if its in a mason jar, an effective argument could be made that it was in an "enclosed case".

 

i am definitely no lawyer..

 

good luck.. and please keep us informed.

 

$600 fine...that's the real crime....

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This Illegal transport part that was recently added is straight BS.  They need more ways to identify a CG now they have more ways to rake in money off us.  Lets see a person stopping off at someone's house periodically and that "person" always goes into the trunk to grab something.  They now can do surveilance from afar and get what they wanted.  The visual.  And for the ordinary road beat cop has just one more tool to ticket a P'CG.  This shiet is getting old.

 

When will everyone wake up and fight back with their pockets..????????  If everybody stopped crying and donating to fight back we would not have these BS added bills get even voted because we could lobby and fight back and add our own amendments to the law.

 

WAKE UP people.  Donating 5-25.00 a month is not that hard.  Don't eat fast food, or smoke the cigarettes, booze or stay in a night when you planned to go out and spend money and get it into the hands that can use it to co-ordinate an offensive against those who hate that we can be legal.

 

FIGHT BACK<<<<<..!!!!

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A close acquaintance has been charged. We intend to take the matter to the prelimary hearing ourselves, arguing that the decision in Koon does not permit the charges to stand, and necessarily filing a sec. 8 motion to dismiss a case that is clearly in compliance with sec. 4.

Edited by GregS
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A close acquaintance has been charged. We intend to take the matter to the prelimary hearing ourselves, arguing that the decision in Koon does not permit the charges to stand, and necessarily filing a sec. 8 motion to dismiss a case that is clearly in compliance with sec. 4.

Got court tomorrow at 9 am, pleading not guilty based on numerous things,, we (he) does not have an attorney,,, we are going in, just the two of us,,, he is pleading not guilty based on section 4 of the MMMJ law,,, wish us the best of luck and will let you all know what prevails,,,

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en·close 

tr.v. en·closed also in·closed, en·clos·ing also in·clos·ing, en·clos·es also in·clos·es
1. To surround on all sides; close in.
2. To fence in so as to prevent common use: enclosed the pasture.
3. To contain, especially so as to envelop or shelter: "Every one of those darkly clustered houses encloses its own secret" (Charles Dickens).
4. To insert into the same envelope or package: enclose a check with the order.
 
 

case

n.
1. A container; a receptacle: a jewelry case; meat-filled cases of dough.
2. A container with its contents.
3. A decorative or protective covering or cover.
4. A set or pair: a case of pistols.
5. The frame or framework of a window, door, or stairway.
6. The surface or outer layer of a metal alloy.
7. Printing A shallow compartmented tray for storing type or type matrices.

 

 

seems to me - if its in a mason jar, an effective argument could be made that it was in an "enclosed case".

 

i am definitely no lawyer..

 

good luck.. and please keep us informed.

 

$600 fine...that's the real crime....

Yes, it was "enclosed" in a "case", the jar,,,and "readily accessible from the interior", well, he did have to remove his seat belt,, and if the cops cameras were rolling, it would show it took a few minutes for him to "get to" the jar,,,it was not readily accessible,,, from anywhere,,,,

 

 

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A close acquaintance has been charged. We intend to take the matter to the prelimary hearing ourselves, arguing that the decision in Koon does not permit the charges to stand, and necessarily filing a sec. 8 motioG to dismiss a case that is clearly in compliance with sec. 4.

Good luck, so wish i could afford an attorney right about now,,,,

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Good luck Kentucky and Greg......... Now some can see the harmless little transportation law they made and what it's real intentions are......

What you didn't think that this wasn't their plan from day one apparently they weren't arresting enough patients before so they just wanted to sweeten the deal for law enforcement.

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The bottom line is that the transport law is void and of no effect because it is inconsistent with and conflicts with the MMMA. Because the Koon decision specifies that the MMA has primacy over any and all other laws in that regard, the transport law is a silly joke at best, and any judge worth his/her salt will throw it out.

 

The legislators who passed the thing did not know what in hell they were doing, and in many ways lived down to my expectations. Again. There is more dumbassness at work here than evil intention.

 

This will work out fine, with the exception that it will be a pain in the azz.

Edited by GregS
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The bottom line is that the transport law is void and of no effect because it is inconsistent with and conflicts with the MMMA. Because the Koon decision specifies that the MMA has primacy over any and all other laws in that regard, the transport law is a silly joke at best, and any judge worth his/her salt will throw it out.

 

The legislators who passed the thing did not know what in hell they were doing, and in many ways lived down to my expectations. Again. There is more dumbassness at work here than evil intention.

 

This will work out fine, with the exception that it will be a pain in the azz.

i concur kind sir,.!!  LOL, freakin fools runnin the show as usual.

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***UPdate***

 

Went to court today for Notice to Appear/Arraignment on charges of Transport/Possession Usable Marijuana. (HB 4856)

 

Watched patiently as other defendants stood up in front of the judge (all were there for an Arraignment as well). Each person was asked how do they plea and how would they like to go about the proceedings, and would they like to meet with the prosecutor later to work out a plea bargain,  the judge also informed them of the maximum penalties for the crimes they were facing, but also informed them of the actual charges that they would get if they plead guilty. 

 

Husbands turn came, when he stood before the judge, he was only asked the basics of name, address, birth date, then he was told of his charges and the max penalty he was facing, then the judge ordered a Pre-Trial date as well as a  Plea/Trial date, gave him an appointed attorney, then informed him that under the "conditions of the court", he is not to partake in alcohol or controlled substances and will be drug tested. 

 

I guess I was expecting him to be able to enter a plea and voice his opinion like the others that stood before him were given the chance. He did ask the judge to repeat the part about not being able to medicate and mentioned that he is a Michigan Medical Marijuana patient, but the judge just repeated that those were the "conditions of the court". 

 

I am lost for words at this point. I am just lost for words right now!!!!!!!!!!!!!!!!!!!!!

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its an arraignment. its where they set court and who will judge you, etc.

depending on the 'crime' it goes to different courts. e.g. probate court, district court, circuit court.

no i really dont know how court works.

 

yes, your hubby should follow judges orders, otherwise he will be found in contempt of court. judges can order defendents to do basically anything they want. so if you want to change this, remember to only vote for judges who will use that power wisely. or try to change the laws in limiting judge powers...

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IMO, depriving someone of rights and privileges before they're convicted of a crime is unconstitutional. You're presumed guilty until proven innocent.

It's called conditions of bond.  Virtually ever defendant out on bond has conditions attached.  The other alternative is to sit in jail before trial. 

 

You may not like certain conditions imposed but in general bond conditions are clearly needed in this society.  If you are accused of a capital offense should you be deprived of certain rights as a condition of bond? 

 

What if you are charged with an assaultive crime?  Virtually every person charged with domestic violence gets a PA 53 No contact order imposed on them as to the victim.  That's designed to help protect the victim.

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I have walked out of a bond hearing with no bond set, after telling the judge that I am a disabled individual with a sick wife at home, that I had lived in my community for several years, and was subsequently not a flight risk. Maybe he was feeling generous, but did not set any other conditions either. There was no attorney representing me at the time, but he did ask if I intended to get one, to which I answered in the affirmative.

Edited by GregS
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Good luck, so wish i could afford an attorney right about now,,,,

Short of that, consider accepting a public defender that you will keep on a short leash. Paid or not, they work for you. The facts are simple, as is the law. If it gets past the preliminary stage without a dismissal, then an attorney will become essential. A judge would be professionally remiss not to dismiss under the circumstances as I understand them, but they are protected by qualified immunity and are not subject to discipline except in the very most extreme circumstances, and it is a crapshoot at that. Remember that the PD is ethically and professionally obligated to represent you in good faith. As long as your instructions are reasonable and in accordance with the law, it is absolutely required, although it will not always go smoothly. Document EVERYTHING to protect yourself. IF your defender fails to perform with due diligence, you may need to demonstrate that, and it can be gently but pointedly stated if that appears necessary.

 

Your defender will be required to meet any and all filing deadlines and conduct you through procedural court protocols. The urgency in adhering to them cannot be overstated.

 

It can be difficult, but control your emotions as best you can. To do otherwise is to cloud your judgment. Listening is key. Valium can help, since your drug of choice for helping out with anxiety has been withheld. Like they say on teevee, "Talk to your doctor...",  and they would know. Whoever "they" are.

Edited by GregS
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***UPdate***

 

Went to court today for Notice to Appear/Arraignment on charges of Transport/Possession Usable Marijuana. (HB 4856)

 

Watched patiently as other defendants stood up in front of the judge (all were there for an Arraignment as well). Each person was asked how do they plea and how would they like to go about the proceedings, and would they like to meet with the prosecutor later to work out a plea bargain,  the judge also informed them of the maximum penalties for the crimes they were facing, but also informed them of the actual charges that they would get if they plead guilty. 

 

Husbands turn came, when he stood before the judge, he was only asked the basics of name, address, birth date, then he was told of his charges and the max penalty he was facing, then the judge ordered a Pre-Trial date as well as a  Plea/Trial date, gave him an appointed attorney, then informed him that under the "conditions of the court", he is not to partake in alcohol or controlled substances and will be drug tested. 

 

I guess I was expecting him to be able to enter a plea and voice his opinion like the others that stood before him were given the chance. He did ask the judge to repeat the part about not being able to medicate and mentioned that he is a Michigan Medical Marijuana patient, but the judge just repeated that those were the "conditions of the court". 

 

I am lost for words at this point. I am just lost for words right now!!!!!!!!!!!!!!!!!!!!!

You will need to have your motion to dismiss heard at the pre-trial, or prelimiary, hearing. Section 8 filing is arguably necessary, but not to be left undone. Arguments using the Koon decision will be essential and central to the defense. Your PD needs to get to work on this.

 

What county is this in?

Edited by GregS
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I just received ticket for illegal transport of marijuana in cheboygan county. Confiscated pot. Ordered to appear in court. From everything I read, before discovering this site and comments, is it violates my rights. Anyone dealt with this county judicial system? Any idea on what I can expect? Thanks

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I just received ticket for illegal transport of marijuana in cheboygan county. Confiscated pot. Ordered to appear in court. From everything I read, before discovering this site and comments, is it violates my rights. Anyone dealt with this county judicial system? Any idea on what I can expect? Thanks

Follow us here if you like. We are sorting things out. The law is new, unconstitutional for the reasons stated earlier, and is about to be challenged from several corners, to include now Cheboygan County, unless you fold and plead guilty to it.

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Follow us here if you like. We are sorting things out. The law is new, unconstitutional for the reasons stated earlier, and is about to be challenged from several corners, to include now Cheboygan County, unless you fold and plead guilty to it.

I wouldn't say the transport law is unconstitutional. A patient under section 4 of the mmma is immune to it, is the correct argument.

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