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

[BirdHunter]

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.

The statute says "enclosed in a case".

 

I don't think rolled in paper will suffice. I'd file a motion for section 4 immunity.

[+Malamute]

If you have a trunk it MUST be in the trunk and in a case.

 

No trunk: in a case and not readily accessible.  Generally as far away from the driver as possible.

 

 Misdeameanors require a court date.  Expect a fine ranging from $100-$500.  You can get a lawyer and try to fight it as being a bunk law only passed with 51% not amending the Act etc.

 

 Could be costly.  A few hundred bucks and a case to keep your stuff in may be wiser. Wtvr is best for you and your family.

[GanjaWarrior]

yes please lock it up.... to be safe.

 

With that said where is our support, legal backing ect....where is the aclu? This is the most blatant discrimination i can imagine. I could drive around the day care parking lot with piles of pills in my lap... its my medicine its not an issue. Locking it up is the way to go.... gods forbid anyone get caught up like this, but if you do....FIGHT IT. Or thats what i would do....

[CaveatLector]

yes please lock it up.... to be safe.

 

With that said where is our support, legal backing ect....where is the aclu? This is the most blatant discrimination i can imagine. I could drive around the day care parking lot with piles of pills in my lap... its my medicine its not an issue. Locking it up is the way to go.... gods forbid anyone get caught up like this, but if you do....FIGHT IT. Or thats what i would do....

Discrimination?  Yes.  Illegal discrimination?  No.  The issues regarding whether the law is procedurally legal aside, it is substantively legal.  It would withstand scrutiny if it underwent constitutional review.  You need to realize that there are many laws that seem arbitrary in light of comparison to other laws (or lack of laws).  But this isn't discrimination based on a suspect class or equal protection so it isn't likely to be found illegal. 

 

It's really no different from the alcohol transportation laws.  One could argue that it isn't fair to beer drinkers because coke drinkers aren't subject to the same laws.  The answer to that---"oh well."--it doesn't need to be fair.  As a very wise person once said to me--"Fair?  What's fair?  Fair is a place you take your girlfriend to win her a teddy bear."

[Hydraulic Jack]

Discrimination?  Yes.  Illegal discrimination?  No.  The issues regarding whether the law is procedurally legal aside, it is substantively legal.  It would withstand scrutiny if it underwent constitutional review.  You need to realize that there are many laws that seem arbitrary in light of comparison to other laws (or lack of laws).  But this isn't discrimination based on a suspect class or equal protection so it isn't likely to be found illegal. 

 

It's really no different from the alcohol transportation laws.  One could argue that it isn't fair to beer drinkers because coke drinkers aren't subject to the same laws.  The answer to that---"oh well."--it doesn't need to be fair.  As a very wise person once said to me--"Fair?  What's fair?  Fair is a place you take your girlfriend to win her a teddy bear."

 

You don't need to lock up your Vicodin....As a matter of fact you could hang your prescription bottle on a lanyard around your neck....I call discrimination! HJ

[+JuztBudz]

"People still use libraries?" Yes they do, I'm not particularly interested in these new Ebooks and those new fangled readers that everyone else seem to be using, so I, like thousands of other readers, read books. Rather than pay $20-50 for a new book, it is logical for one to borrow reading materials from the library... Peace ... j.b.

[mibrains]

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.

 

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...

[flyinstringbean]

The only thing I would say to the Judge is.....  So by the laws of this state - I can drive thru a school parking lot with a prescription for Oxy and Vic's and have litterally a 90 day supply of both spread all over my vehicle,Pills everywhere,but Canabis is so much more Dangerous that it should be only kept in a locked case in my trunk or if I don't have a trunk,in a locked case out of reach or easy access to people in my vehicle??? Why locked case and why in my trunk???Cause it will try to climb out and hurt someone ? or because its so addicting that I won't be able to stop myself once I start using it and I'll have to consume all of it on the spot?   The Pink Floyd song Money comes to mind here!   Just a thought!   Really don't want to have to say anything like that to a judge.They usually don't understand,or don't care to.

[GanjaWarrior]

You don't need to lock up your Vicodin....As a matter of fact you could hang your prescription bottle on a lanyard around your neck....I call discrimination! HJ

and yes  ive talked with a couple folks and it seems to discriminate against a person due to a medical condition, and or treatment of said med condition is in fact illegal. if  the house legal aids would like to look it up?

[CaveatLector]

and yes  ive talked with a couple folks and it seems to discriminate against a person due to a medical condition, and or treatment of said med condition is in fact illegal. if  the house legal aids would like to look it up?

Transporting marijuana isn't a medical condition nor is it a treatment.  If you have prescription pills they are required to be in a labelled container.  That isn't a requirement of med mj.  Does that mean presrciption drug users are being illegally discriminated against?  Why can I dump a a bottle of aspirin in my pocket and walk around but cannot dump a bottle of hydrocodone in my pocket?  Is that a condition or treatment discrimination?  No.

 

Your argument is one of fairness, not legality.  There is a difference between being unfair and illegal.  Should you be required to transport differently than you would other drugs?  Probably not.  But the requirement isn't illegal.  It's unfair, a pain in the arse, and cumbersome, but not illegal.

[GanjaWarrior]

Transporting marijuana isn't a medical condition nor is it a treatment.  If you have prescription pills they are required to be in a labelled container.  That isn't a requirement of med mj.  Does that mean presrciption drug users are being illegally discriminated against?  Why can I dump a a bottle of aspirin in my pocket and walk around but cannot dump a bottle of hydrocodone in my pocket?  Is that a condition or treatment discrimination?  No.

 

Your argument is one of fairness, not legality.  There is a difference between being unfair and illegal.  Should you be required to transport differently than you would other drugs?  Probably not.  But the requirement isn't illegal.  It's unfair, a pain in the arse, and cumbersome, but not illegal.

its discriminatory.

[CaveatLector]

its discriminatory.

Yup.

[GregS]

Yup.

But is it discriminatory in any protected way?

[GanjaWarrior]

to expect us to take it further than narcos is crazy...."put it in a jar" is how it should be. or make granny lock her pills in the trunk. i also think its only a matter of time before the police or thieves start looking for people getting in their trunks....this law is fd im saddened it passed. I still dont feel this discrimination can be legal. but thats just my thoughts.

[Zombiefied]

I always make sure no cars are going past when i put my case in the trunk. And i always pit my case in the trunk, even if its just a joint. With that said, i would fight it with section 4 or 8.

[phaquetoo]

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,,,,

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! 

 

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

 

Peace

Jim

[BirdHunter]

Any updates from the original poster?

[ThinkPLZ]

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

Libraries? From the same people that provide printed address labels as gifts to you in the mail. I own a 10-Lifetime supply at this point.

[kentuckyrain]

Any updates from the original poster?

Update today, just received the Notice to Appear/Arraignment and a paper stating that he gets fingerprinted before the court date. We could really use some legal advice on how to go about this if anyone could help that would be great. We could handle the max fine of up to 500 but would hope for no jail time for this. 

 

I do thank all of you for your comments and advice so far!

[pic book]

u need atty

we r no sub

[kentuckyrain]

a

 

I heard in a certain SW MI city they had a whole group of ppl getting charged with similiar offenses. The officers are using this

to harass patients while making a profit... lock it up..

Have you heard anything new about the charges they got? I know the worst is supposed to be up to 93 days in jail and up to a 500 dollar fine,,,

to harass patients while making a profit... lock it up..

[kentuckyrain]

It's really no different from the alcohol transportation laws.  One could argue that it isn't fair to beer drinkers because coke drinkers aren't subject to the same laws.  The answer to that---"oh well."--it doesn't need to be fair.  As a very wise person once said to me--"Fair?  What's fair?  Fair is a place you take your girlfriend to win her a teddy bear."

You might wanna fill me in on the alcohol transportation law?

 

  As a very wise person once said to me--"Fair?  What's fair?  Fair is a place you take your girlfriend to win her a teddy bear."

Lol,I needed a good laugh,, ty

[kentuckyrain]

If you have a trunk it MUST be in the trunk and in a case.

 

No trunk: in a case and not readily accessible.  Generally as far away from the driver as possible.

 

 Misdeameanors require a court date.  Expect a fine ranging from $100-$500.  You can get a lawyer and try to fight it as being a bunk law only passed with 51% not amending the Act etc.

 

 Could be costly.  A few hundred bucks and a case to keep your stuff in may be wiser. Wtvr is best for you and your family.

We can handle the fine, just hoping for no jail time,,, I am trying to learn as much as I can,,, you say the law passed with 51percent not amending the act, I dont recall us getting a vote? I thought the ppl in power just made the changes during lame duck season? Please explain how the this law was amended  Sorry for being ignorant in regards to this matter. 

[kentuckyrain]

yes please lock it up.... to be safe.

 

With that said where is our support, legal backing ect....where is the aclu? This is the most blatant discrimination i can imagine. I could drive around the day care parking lot with piles of pills in my lap... its my medicine its not an issue. Locking it up is the way to go.... gods forbid anyone get caught up like this, but if you do....FIGHT IT. Or thats what i would do....

Certainly thinking about it,,,

Edited May 9, 2013 by kentuckyrain

[kentuckyrain]

"People still use libraries?" Yes they do, I'm not particularly interested in these new Ebooks and those new fangled readers that everyone else seem to be using, so I, like thousands of other readers, read books. Rather than pay $20-50 for a new book, it is logical for one to borrow reading materials from the library... Peace ... j.b.

Lol, was only joking,,, I know ppl still use them,,,