How To Maximize Your Chances Of A Successful Section 8 Defense

[PotGod]

Is that prosecutor in the video from Oakland the biggest &^%$ or what?!?!?!?!

[motorcitymeds]

Vote these guys out in 2014!

I finally agree with you Celliach..!!

[GregS]

Since this old thread has been dredged up I think it necessary to include the following proffered agreement and supporting documents between prospective physicians, patients, and caregivers in the conversation. Most will rely on sec. 4 registration alone for their protection, which would be smart but for the fact that patients are brought to court despite being in compliance. Once that happens the protection that registration offers can be diminished or even eliminated. In those instances and in many others the Affirmative Defense can quickly become de facto necessary to avoid conviction. Please consider these or like documents as additional protection to help establish the required elements of a sec. 8 defense under any circumstances that bring you to court on cannabis charges. A short meeting at your bank to have the agreement notarized costs nothing. Banks provide free notary services for their regular customers. Copies should be kept by all necessary parties, especially by the caregiver, in order to protect themselves if and when things go badly. If, for instance a patient were to come to you for cannabis only for you to find later that the patient is a confidential informant or police officer and the game is to lock you up, it is in your best interest to have proof that they have sworn to a bona fide physician/patient relationship and have appointed you as their caregiver should the matter need to be brought to court. I believe it is important that patients offer these to potential caregivers at least as a good will gesture to assure those caregivers that they are protected beyond sec. 4 provisions. In fact, they should be used in any instance where anyone provides cannabis to anyone else.

 

Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana

 

I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marijuana Act, Initiated Law 1 of 2008.

__Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, physician license I.D. number____________________ , has stated that in the physician's professional opinion, on or about (date)___________________________, and after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .

Or:

__A registry card duly issued by the State of Michigan Department of Licensing and Regulatory Affairs (LARA) , number______________________(copy attached), has been issued to me which attests to a physician's recommendation that in the physician's professional opinion, and after having completed a full assessment of my medical history and current medical condition made in the course of a bona fide physician-patient relationship, I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition.

I hereby designate_______________________________ as my caregiver under that law, and agree to conform to the Act in the medical use of marijuana.

I, ______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana in accordance with that law. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

Confidentiality: Each party agrees and undertakes that it shall not, without first obtaining the written consent of the other, disclose or make available to any person, reproduce or transmit in any manner or use (directly or indirectly) for its own benefit or the benefit of others, any Confidential Information, save and except that both parties may disclose any Confidential Information to their legal advisers and counselors for the specific purposes contemplated by this agreement. Presentment or disclosure of this information is not prohibited as required by law or in any prosecution pertaining to the medical use of marijuana. 

For the purpose of this Agreement, Legal advisers and counselors shall mean, with respect to any party, any person licensed to practice at law, or any paralegal, legal assistant, or other person directly supervised by an attorney at law who is ultimately responsible for any and all work product. 

Subscribed and sworn before me this date: ____________________________

Patient sign here: _________________________________

Subscribed and sworn before me this date: ____________________________

Caregiver sign here: ________________________________

/s/_________________________________

Print Notary Name: ________________________________

Notary public, State of Michigan, County of _____________________

My commission expires ___________________ 

Acting in the County of ___________________ 

Supporting documents are here: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0

Edited June 15, 2014 by GregS

[pic book]

 

 

 I think the official term I am searching for is: a bit of a "clusterfuk".

any precedents?

[pic book]

Does anyone think the topic of the thread, maximize chances of a successful section 8 defense, has been fulfilled, or is every post off-topic?

[+Malamute]

the topic is a year old.

[bobandtorey]

As far as your chance of winning on a sec 8 IMHO is going down hill

 

But it's better then before 2008 because we had none at all