Cardholder Got A Possession Help!

[kreeee]

My girlfriend got pulled over and the cop smelled weed so she got searched, she had a dimebag in the pocket behind the seat and a roach in the ashtray. The cop gave her a ticket for possession. She has 4 patients and I'm concerned that she will lose her card and compromise our growroom? Anybody kno what might happen? Thanks!

[solabeirtan]

Did the cop know she was a patient ie: did she show a card? She didn't have to post bail? No drug test? Meanwhile get all your paperwork together, calmly. Clean up the grow, etc. jic. If you know an Atty... else after you finish your chores, relax... When is her Court date?

[phaquetoo]

Actualy if you gave us the jist of what happened,  the cop actualy gave her a break, she could have gotten impaired, a roach in the ash tray is a no no for a legal pt or c.g!  (im not juding, we have a law and the safest thing is to follow it)  so she should have no prob getting the possesion charge dropped, most likly before ever going to court, ive had 3 simple possesion charges, two of them were dropped right away when I showed the prosecutor my card, and the 3rd was a probation violation for thc in my drug screen, I talked my way out of that and got to use mm while on probation.

 

I hope this helps calm you down a lil bit, def talk to an attny, my first two I requested a court appted and got out of it w/o going in front of the judge!

 

Peace

Jim

Edited July 2, 2013 by phaquetoo

[kreeee]

Thx for the info. Yeah she was def lucky, no arrest, no drug test... Just a possession ticket, which I thought was weird. And yes she did show him her card. Just don't want this messing up my grow op. just frustrates me because I've been telling her for years to quit smoking in the car.

[kreeee]

Her court date is the 23rd... She's using her bosses attorney (she works at a dispensary) so hopefully it goes smoothly and she doesn't lose her card or job because if it.

[Petyr]

Its just a misdemeanor, it shouldn't effect anything.

 

I would be more worried about the fact that you refer to it is as "our" growroom.  Are you both caregivers and are you growing in the same room?  You don't have over 72 plants going do you?

[pic book]

Kreee:  Petyr nailed it.  And since she is smoking in the car on a regular, she endangers more than just 'our grow'.  She needs a designated driver and addiction couns or you need to drop her.  No contact.

Harsh and necessary, always the most diff to face.

[bobandtorey]

Its just a misdemeanor, it shouldn't effect anything.

 

I would be more worried about the fact that you refer to it is as "our" growroom.  Are you both caregivers and are you growing in the same room?  You don't have over 72 plants going do you?

Its just a misdemeanor, it shouldn't effect anything. i agree it shouldn't but oh how it will imho and i would no

[Kingdiamond]

This will likely turn into an illegal transport you are not suppose to have any cannabis inside the vehicle with you it has to be in the trunk plus a roach in the ashtray is damning to your lady's case that will suggest to the judge that she also smokes and drives I wish you luck.

[t-pain]

1. she will not lose her card unless she got arrested imo. only LARA can recind a card.

2. under the MMMA you arent supposed to be impaired/influenced while driving.

3. the usable marijuana (hb 4856) in a car law may not apply to MMMA patients. i'm not a lawyer and this is not legal advice.

 

http://legislature.mi.gov/doc.aspx?2011-HB-4856

was not added to the MMMA law

and because the Michigan supreme court ruled that laws that differ to the MMMA law, do not apply to the MMMA.

which means that any limit on transportation does not apply to patients.

 

have the lawyer show the card and hope the prosecutor doesnt make your gf's a testcase against hb 4856.

good luck! and dont worry so much.

 

but! now is a good time to make sure everything is locked and secure. especially when growing with another person.

i would seriously suggest to seperate the plants via fencing so that each 12 plants is in a seperate secure locked cage.

there are many cases still in courts today which ran into this problem. it could be solved with $300 of fencing + locks. do yourself a favor and spend that $300!!!!! its so cheap and easy way to avoid court. 

 

lights and water can pass thru chain link fence. DO IT. dont be a chump sitting in jail or court.

learn from other cases and other prosecutor overreaches.

Edited July 2, 2013 by t-pain

[Petyr]

Has anyone been charged with that 12 plants in a separate room thing t-pain?  Do you have any links to any charges or cases?  I thought that was just something Schuette spouted off about.

 

People have gotten popped for having multiple caregivers in a single dwelling.

[cristinew]

Roche's in the ashtray? Working at a dispensary?  

[garyfisher]

Petry, I'm fairly certain you're correct. 

 

The 12 plants per room thing is hog wash.  I have never even HEARD of someone being prosecuted for it. 

[Kingdiamond]

"the usable marijuana (hb 4856) in a car law may not apply to MMMA patients"

 

Why would it not cover patients its for everyone you are not suppose to carry medicine in the passenger area of your vehicle it has to be not in your immediate reach meaning you should not have it on your person someone on these boards was caught with a joint in the car not long ago and received a illegal transport ticket .

 

 

 

 

The People of the State of Michigan enact:
Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health
code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel
unless the usable marihuana is 1 or more of the following:
(a) Enclosed in a case that is carried in the trunk of the vehicle.
(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person
is traveling does not have a trunk.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than
93 days or a fine of not more than $500.00, or both.

[bobandtorey]

Petry, I'm fairly certain you're correct. 

 

The 12 plants per room thing is hog wash.  I have never even HEARD of someone being prosecuted for it. 

I think you must not know anything about our case

[Petyr]

I think you must not know anything about our case

I think everyone here in the last 3 years knows about your case.  I think we have all heard about it approximately 40,000 times by now.  Yes, they claim you didn't have it in a secured room because it was not locked because you were working in the room.  We all know this.  We also all know that you posted your real names on a MMJ board.  We also all know you are in Oakland county.

 

The issue being discussed presently, is whether the statement Schuette made about caregivers needing to keep their patients plants segregated from their other patients plants has any truth.  I don't believe it does, and your case has absolutely nothing to do with that question.

[t-pain]

people vs bylsma had 3 people growing in one secure locked room.

http://www.onmedicalmarijuana.com/michigan-case-law-2/people-v-bylsma/

has detailed info on it.

basically, they charge whoever owns the room with posession of all the plants.

bobandtorey had similar problem having their plants together.

 

ignore the michigan attn general at your own risk.

is it worth $300 in fencing to avoid people vs bylsma and people vs redden ?

 

 

 

 

 

"the usable marijuana (hb 4856) in a car law may not apply to MMMA patients"

Why would it not cover patients its for everyone you are not suppose to carry medicine in the passenger area of your vehicle it has to be not in your immediate reach meaning you should not have it on your person someone on these boards was caught with a joint in the car not long ago and received a illegal transport ticket .

 

hb4856 didnt amend the MMMA, it amended the public safety law.

the MMMA and MSC agrees that any law conflicting with MMMA does not apply to MMMA patients.

hb4856 conflicts with the MMMA section 4 transportation.

 

still, i am not a lawyer. and it hasnt been tested in court yet as far as i know.

[Kingdiamond]

No reason to jump Bob on this one  unlike the rest of us Bob is a activist who doesn't care if the world knows if he's a legal cannabis user wish I had the balls to spread the word like he does .

[Petyr]

people vs bylsma had 3 people growing in one secure locked room.

http://www.onmedicalmarijuana.com/michigan-case-law-2/people-v-bylsma/

has detailed info on it.

basically, they charge whoever owns the room with posession of all the plants.

bobandtorey had similar problem having their plants together.

 

Bylsma had 88 plants.  

 

Importantly, defendant admitted he possessed all 88 marihuana plants. He leased the rental space, had unfettered access to the plants and exercised dominion and control over the plants.

 

And in the same darn article you linked

It’s important to note this case did not address whether the MMA requires primary caregivers to keep each of his or her connected qualifying patients’ 12 marihuana plants in a separate, enclosed locked facility.

[t-pain]

his words were used against him with the courts definition of posession.

'was it your room?'

'yes'

'then you posess all the plants'

thats 'admission of owning all the plants'.

please read further up on the case if you care to know it.

 

 

the 12 plants in a seperate cage thing:

that means if you are 1 cg dealing with 5 pts you dont have to put each 12 plants in a seperate cage.

but i believe the OP was saying him and his gf shared a grow room.

which means 2 cgs in one room.

which is exactly what bylsma and redden did.

[t-pain]

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Oral-Arguments/2012-2013/Pages/144120.aspx

 

as the registered primary caregiver of two qualifying patients, he was entitled to possess 24 marijuana plants. The 64 other plants seized from his space belonged to other primary caregivers and qualifying patients, he contended. Bylsma argued that the MMMA permits primary caregivers and qualifying patients to share a common grow area for their plants, as long as the plants are grown in a secured area. 

 

 

The judge ruled that Bylsma failed to comply with the strict growing requirements of the MMMA... accessible to only one person.

 

 

The Court of Appeals affirmed in a published opinion, although not for the same reason as the trial court. The majority held that Bylsma possessed all 88 plants found in his leased space, and therefore was not entitled to immunity under section 4(b). The panel rejected Bylsma’s claim that, because the MMMA does not expressly prohibit qualifying patients and registered primary caregivers from using the same enclosed, locked facility to cultivate marihuana plants, the act must be interpreted as permitting collective cultivation. Because Bylsma failed to comply with the requirements of section 4(b), the Court of Appeals held that he was not entitled to assert an affirmative defense under section 8.

 

 

DETROIT (AP) - Michigan’s medical marijuana law does not allow a collective grow operation, the state Supreme Court said Wednesday in the case of a Grand Rapids man who gave warehouse space to others to raise pot.

http://detroit.cbslocal.com/2012/12/19/mich-court-no-collective-growing-of-medical-pot/

 

iirc the supreme court just said he was entitled to his sec 8 defense. so it went back down to the lower court.

 

http://www.thecompassionchronicles.com/resources/legal/people-v-bylsma/

http://komornlaw.com/people-v-bylsma/

[bobandtorey]

No reason to jump Bob on this one  unlike the rest of us Bob is a activist who doesn't care if the world knows if he's a legal cannabis user wish I had the balls to spread the word like he does .

Thanks 

Peace

[phaquetoo]

No reason to jump Bob on this one  unlike the rest of us Bob is a activist who doesn't care if the world knows if he's a legal cannabis user wish I had the balls to spread the word like he does .

Yea I have to agree with ya k.d,  why would people give bob a hard time? there have only been a few poeple who had to wait so long not knowing if they were going to be fellons, go to jail for a long period, um lost home, wife got sicker, we realy could use his wisdom with how it went, after all he did make it thru, and im sure their life will never be the same after that! 

 

As far as bob  and telling people he was legal and mentioning his grow, how many people did every one else show their pt and or c.g card to people when you first got it, I know I showed most of my friends and than some, now im over the excitement, take a poll im willing to bet the farm a whole lot of people showed off their 1st cards!

 

Peace

Jim

[bobandtorey]

Thanks Jim

I did not show my card we did not have one to show off but if i had one i would have it was not about that some say it was because i used my real name on this site i would have to disagree with that also because their where a lot of people that did the same like Brad F and Greg F 

 

We where set up from day one and how would i know that because Leo called THC-F before we where raided to make sure we got our Recommendation and how do i know that you may ask well i know Ricky G he was the one who ran it along with Paul Stanford and i still talk to them both today they told me that Leo called 

 

Most people here have not even read all the Blogs about our case witch are on this site that i posted with links to back it up i have never lied about our story not one time thats why when people say/post things i can tell right away that they have no idea and don't want to no the truth

Edited July 3, 2013 by bobandtorey

[bobandtorey]

Yea I have to agree with ya k.d,  why would people give bob a hard time? there have only been a few poeple who had to wait so long not knowing if they were going to be fellons, go to jail for a long period, um lost home, wife got sicker, we realy could use his wisdom with how it went, after all he did make it thru, and im sure their life will never be the same after that! 

 

As far as bob  and telling people he was legal and mentioning his grow, how many people did every one else show their pt and or c.g card to people when you first got it, I know I showed most of my friends and than some, now im over the excitement, take a poll im willing to bet the farm a whole lot of people showed off their 1st cards!

 

Peace

Jim

Why would i or anyone show their grow when our grow was nothing to show our plants where 2-3 inch tall LOL 

nothing to show off their