Traffic Stop June 10Th, 696 @ Beach Daly: When Dropped On The Ground,

[CaveatLector]

Cav

 

So what is the claimed authority that they are saying allows them to take it from a medical patient?

I can't answer that as it is fact dependent.  I you're pulled over and don't have your card on you then expect to have your mj taken.  That is one of many possible scenarios.

[OG Fire Beaster]

Cav

 

I can understand that. I've never had any encounter with LEO, what so ever, so I was just wondering if they are taking it from clearly legal carded people or only when it was a question. Sounds like a nice lawsuit setting some "precedent" would go a long way.

[CaveatLector]

Gotcha.  I've not heard of them taking it from people in possession of their card with no other violations.  I have, however, heard of them taking it from patients with only paperwork as a card.

[pic book]

he could file a complaint to the chief of msp.

or internal affairs?

 

its cheaper than a court case (free)

could cause lots of msp heat (revenge)

Edited June 21, 2013 by pic book

[Murph]

Yep seems like someone's fertile imagination .....

 

HOWEVER, good time to review changes to the MMA that became effective 4/1/2013.....

 

The Michigan Penal Code amended to include 

restrictions on transporting usable marihuana in or 

upon a motor vehicle. 

 

Public Act 460 of 2012 amended the Michigan Penal 

Code by adding MCL 750.474. Under MCL 750.474, a 

person shall not transport or possess usable marihuana 

as defined in MCL 333.26423 in or upon a motor 

vehicle or any self-propelled vehicle designed for land 

travel unless the usable marihuana is one or more of 

the following:

 

- Enclosed in a case that is carried in the trunk of the 

vehicle.

- Enclosed in a case that is inaccessible from the 

interior of the vehicle, if the vehicle in which the 

person is travelling does not have a trunk. 

 

 

KEEP IT IN A CASE, IN THE TRUNK AT ALL TIMES (even roaches as you know the first thing they do is look in ashtrays, they are in plain view and do not require any warrant.

NEVER burn then drive === clothing holds odor, as does hair -- so you are smelling like a  "pot plant" as they old lady says.....never, never, as a non-smoker can smell it hours even days later.

Change clothes, shower, I know it is a hassle and not too reasonable but no one should be driving around with MM anyway -- straight home, no stops, no detours -- one way to HOME and secure your

MM in a locked enclosed whatever....keep it in a safe bolted to floor joists is better yet.....make sure them doors can take a kick without budging as re-enforcing the frame and using deadbolts that go

1" into the solid frame 2x4 you put in is important....a friend rebuilds the entire frame and uses steel doors with 2" deadbolts, take a battering ram to get through it.....another uses the old days with a

4x4 bracket into the frame and drops a 2x6 into it when He is Home --- completely stops anyone getting through it........fun when they cannnot get in without asking (even if they do have a SW)..

 

M

 

M

[CedarSpringsCG]

 

 

The Michigan Penal Code amended to include 

restrictions on transporting usable marihuana in or 

upon a motor vehicle. 

 

Public Act 460 of 2012 amended the Michigan Penal 

Code by adding MCL 750.474. Under MCL 750.474, a 

person shall not transport or possess usable marihuana 

as defined in MCL 333.26423 in or upon a motor 

vehicle or any self-propelled vehicle designed for land 

travel unless the usable marihuana is one or more of 

the following:

 

- Enclosed in a case that is carried in the trunk of the 

vehicle.

- Enclosed in a case that is inaccessible from the 

interior of the vehicle, if the vehicle in which the 

person is travelling does not have a trunk. 

Wait, they amended the penal code for the transportation?  Doesn't the MM Act of 2008 say it supercedes all other laws in regards to Medical Marihuana?  I am confused.

 

Another point, I have heard rumors of the MSP posting on Craigslist that they will give 2.5 oz to a carded person who can provide information on hard drug dealers. 

 

So they say they can't return it because of federal law, but they can give it to someone else without being prohibited by that same federal law?  They are doing things like hijacking the MJ from us, to pursuede low income people to become informants.  If this turns out to be true, a) it goes way above just a couple of troopers, it goes all the way to the top so telling IA or their superiors will do nothing.  and B) this is just another example of how corrupt we have allowed our government to get.

 

stay the small fish and never get caught.  Don't drive impaired, and don't get pulled over.  Make sure your headlights/taillights/turn signals are working before you transport.  And where I don't agree with Murph's interpretation of the new laws, do keep it locked up in the car or in your trunk.

[pic book]

deleted

Edited June 21, 2013 by pic book

[GregS]

Wait, they amended the penal code for the transportation?  Doesn't the MM Act of 2008 say it supercedes all other laws in regards to Medical Marihuana?  I am confused.

 

Another point, I have heard rumors of the MSP posting on Craigslist that they will give 2.5 oz to a carded person who can provide information on hard drug dealers. 

 

So they say they can't return it because of federal law, but they can give it to someone else without being prohibited by that same federal law?  They are doing things like hijacking the MJ from us, to pursuede low income people to become informants.  If this turns out to be true, a) it goes way above just a couple of troopers, it goes all the way to the top so telling IA or their superiors will do nothing.  and B) this is just another example of how corrupt we have allowed our government to get.

 

stay the small fish and never get caught.  Don't drive impaired, and don't get pulled over.  Make sure your headlights/taillights/turn signals are working before you transport.  And where I don't agree with Murph's interpretation of the new laws, do keep it locked up in the car or in your trunk.

Precisely. There will be challenges to the transportation law on that premise. The rest of your post goes to the game as it is played.

 

The only thing to add is that inaccessible is, "I just ate the last one," muttered quietly to yourself.

Edited June 21, 2013 by GregS

[GregS]

The problem is that when the cops take the mj they aren't doing it to enforce federal law.  However, their argument is that they cannot give it back without violating federal law.  The fact is that them giving it back would violate federal law.  The solution to this is to sue them for the value of the mj. 

We should have brought tort law into the mix a long time ago. I suspect that if we were not debilitated and sick people who largely live on limited incomes that those type of actions would be more prevalent. Going up against the government is tough in civil court. Laws, for instance those granting qualified immunity, are pretty well stacked against plaintiffs. Judges very often have a bias in favor of law enforcement. Attorneys may well enough agree to a percentage of any award, but there are still retainers and fees and time and grief.

Edited June 21, 2013 by GregS