I Am Carruthers

[Got Brownies]

Hello MMJ Community,

 

Thank you for contacting me as it did lift my spirits and renew my drive to know that I am not alone.  

 

Yes I will continue this fight of ignorance vs we the people but know only we can win.  

 

We are seeking to take this case to the Supreme Court pending the MMJ community support and solid MMJ attorney team.

 

As you may know this has been an very heavy emotional and financial load to carry that I will not be able to bare alone to the S.C. This is my 1st step in reaching out to the MMJ community for emotional and financial support. 

 

I have been meeting with attorneys over the last few weeks and details of the cost will be determined by end of this week. As of now I just wanted you to know I am ready, eager, and determined to fight and want to see who is willing to stand with me. 

 

Thanks you

Earl

 

 

 

 

 

[GregS]

Hey Earl. Your ears should be ON FIRE. We have been speculating over your case for weeks, and have made lots of noise regarding helping you out. Glad we are to hear that you will appeal rather than take the cheap and easy way out. There are attorneys who are in on the conversation and anxious to help.

 

THANK YOU!

[Kingdiamond]

Hey Earl!

 

 

Welcome to the forum  and I wish you luck in your case.

[pic book]

Hey Earl,  I'm glad to came this way.  You and your case have indeed been the subject of much interest.  Great choice of title for your post, but 'I Have Brownies' is just plain funny.  Your travails have not squelched you sense of humor.  Good going, buddy.

Edited August 8, 2013 by pic book

[Wild Bill]

Your struggle is our struggle. I for one cannot smoke or vape due to lung issues so your case has a direct effect on me.

 

Stay strong, I know how difficult a criminal case can be, both financially and emotionally.

 

"We must indeed all hang together, or most assuredly we shall all hang separately." - Benjamin Franklin

[mibrains]

I am really glad you came by.

 

thank you earl for your sacrifices.

 

welcome to the community.

 

I will do everything I can to help support your case.

[t-pain]

we got your back earl!

 

i think what you have to do in a supreme court case is ask the court to rule on questions/facts of the case.

this is important, because if you dont ask them to rule on something, that means another patient may get hit by it later.

 

do you have any opinions or transcripts of the district/circuit court you can share with us?

it may help us to think up some ideas for the supreme court run.

 

related and unrelated questions that need to be asked to be ruled on at the msc so far:

what amounts of unusable (wet/undried) marijuana are protected by section 4?

is the whole process of growing and drying plants protected by sec4?

is the medical use of marijuana in michigan a right ?

what is an 'incidental amount' of seeds/stalks and roots?

does sec4 protect patients who juice and drink raw undried marihuana leaves?

does sec4 protect patients who make anything out of the stalks or roots?

if a patient changes a caregiver, how long does that caregiver have to get rid of the patients 12 plants while still being protected by sec4?

 

sec 4a states "provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana". since the MMMA defines marijuana as being any part of the plant, and usable marijuana as dried leaves and flowers. doesnt this mean you can posess an amount of unusable marijuana as long as there is no evidence that it was non-medical marijuana?

 

if all other acts or laws inconsistent with the MMMA arent applicable. doesnt that mean police arent allowed to tell prosecutors about someone who is a registered patient? the act actually criminalizes the police aka "a person, including an employee , contractor or official ... or another state agency or local unit of government" if they "discloses confidential information in violation of this act is guilty of a misdemeanor". i believe that the police could not mention any marijuana to the prosecutor, since it would be medical marijuana. but i could be wrong. its gotta also be a misdemeanor for a local PA to contact bill schuette about patient details.

 

since the act specifies that usable marijuana must be seperated from the stems.

it follows that the "stems + flowers" cannot be counted together.

does this mean that the flowers and brownies cannot be counted together?

 

the voters of michigan felt that marijuana was a medicine.

when a topical compound is made in a pharmacy, powdered or liquid medicine is mixed

with various oils or lotions to apply the medicine to the skin. 

the medicine in the lotion does not turn the entire lotion into medicine.

thats why they list the active and inactive ingredients on the label.

in this case, resin amount and brownie.

 

if the MSC rules that total weight counts,

it means that the voters intent was for them to harvest a plant,

dry the marijuana, then attempt to bake a brownie less than 2.5oz in size.

this goes against the definition of 'any mixture or preperation'.

please use this argument in court. it may help.

 

 

my suggestion: while you are in front of the MSC, ask them to teach the CoA judges a lesson on the MMMA.

they've gotten it so wrong on multiple cases, the CoA is just wasting time.

 

has anyone tried the confidentiality sec6.h.4. in court? now that people v koon was settled, this is interesting...

Edited August 8, 2013 by t-pain

[GregS]

We have the COA opinion already. The facts are pretty well laid out there.

 

http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130711_C309987_37_309987.OPN.PDF

[t-pain]

yes but theres only 4 or 5 questions to ask the court in the CoA opinion.

but in the circuit/district court theres a lot more questions that never made it to the supremes.

[t-pain]

i would think the 'presumption of medical use' in sec4 and the ability to consume medicine in multiple ways would take precedence.

 

since people are innocent until proven guilty, its up to the police to prove that theres more than 2.5oz of dried leaves in the brownie.

(one can dream ,cant he?)

 

someone should bake a brownie with 2.5oz of leaves and flowers just to show how big it would be.

show the court the 2.5oz of flowers, show them the brownie evidence. put them next to each other and show how theres no possible way to fit 2.5oz of flowers into a brownie that small.

Edited August 8, 2013 by t-pain

[phaquetoo]

Welcome Earl!

 

There have been many heated threads of your coa case, You will get the support you need here, your case is of great importance to so many pt's and c.g's!

 

The attny's and Dr.'s will be in this thread very soon to welcome you here!

 

Be strong we got your back!

 

Peace

Jim

[ozzrokk]

Welcome Earl.......... You certainly have my support and i am sure the support of many here.............

 

The fact that they are trying to tell you and all of us that what ends up in the concentrate is NOT PART OF THE FLOWER OR LEAVES and NOT A MIXTURE OR PREPERATION THEREOF is utterly ridiculous........

[imiubu]

Hello Earl,

 

So glad to see you made it!

 

 

 

 

 

It's time for us to pass the hat and start raising up the $$ for your defense.

[bobandtorey]

Hello MMJ Community,

 

Thank you for contacting me as it did lift my spirits and renew my drive to know that I am not alone.  

 

Yes I will continue this fight of ignorance vs we the people but know only we can win.  

 

We are seeking to take this case to the Supreme Court pending the MMJ community support and solid MMJ attorney team.

 

As you may know this has been an very heavy emotional and financial load to carry that I will not be able to bare alone to the S.C. This is my 1st step in reaching out to the MMJ community for emotional and financial support. 

 

I have been meeting with attorneys over the last few weeks and details of the cost will be determined by end of this week. As of now I just wanted you to know I am ready, eager, and determined to fight and want to see who is willing to stand with me. 

 

Thanks you

Earl

Hello Earl and Welcome to the site  

We stand with you and we stand together as one here let us know where to send $$ to ether your Paypal or Your Lawyer team and how much you think that you may need to fight the good fight.

 

I  can relate to the emotional part of your fight very well as we where there also for over 4+ years it is  like being in  a Fog and being puled in from all anglers some will say you should had done this or that but most of the time it will be after the fact they all mean well IMO but they just don't understand what goes on behind the seen and the process of the Court System

 

Because they have not been in it as you are  now and as we where  also with the outcome that could and will effects so many  sure some may have been in court before in a small court room in a small town, or city, 

 

If your case and many more would be aloud to have a Jury trial and the truth be able to come out you  would have won thats why the State stopped you from that 

 

Question one, Where you offered a plea deal yet?

Question two, How much $$ do you need  and Where do we send it?

Question three, am still thinking

 

 

Thank you for standing up for us all you have my support 

[GregS]

Earl. We are locked and cocked and ready to rock. All we need is a firm commitment that you will proceed with the appeal. I fully understand the gravity of your situation, and that it requires careful thought. Just letting you know we are here and anxious to help. The issues affect the entire patient community.

[imiubu]

Earl. We are locked and cocked and ready to rock. All we need is a firm commitment that you will proceed with the appeal. I fully understand the gravity of your situation, and that it requires careful thought. Just letting you know we are here and anxious to help. The issues affect the entire patient community.

 

Now that's what I'm talking about!

[GregS]

If the total weight is not to be counted on medibles, what weight should be counted under section 4? Is there a workable alternative? Perhaps some fixed percentage of the weight associated with an average concentration, i.e. the weight of usable marijuana in the edible cannot exceed the weight of the butter or oil in the recipe (no matter the concentration of extracted cannabinoids), which is 20% (or less) of the total weight of the final item?

 

(These are approximate numbers, and would need to be identified and refined)

Extract of the resin that is a constituent part of the leaves and flowers might well be ruled to be okay under sec. 4. I am not as optimistic about medibles unless some compelling argument against measuring the carrier (in this case butter) of said extract can be brought.

Edited August 9, 2013 by GregS

[Got Brownies]

Hello Hello,

 

Thank you to everyone for their support and personal encouraging messages.

 

Family and friends really want me to think about this as I am also currently fighting another compassion club case at OCC in which we were done very very dirty.  

 

Must say I fully understand and relate to the verse "....we are afflicted in every way, but not crushed; perplexed, but not despairing;persecuted, but not forsaken; struck down, but not destroyed...."

 

To those who advise me to simply take the sec 8 at Circuit level it is just not in me to back down. I always told my teammates in face of a challenge and adversity to man up and grab there balls so here I am grabbin em. 

 

 I understand even if I quickly win a sec 8 at Circuit the COA opinion stands as case law and many more will have to go through what I have and am. I do not believe anyone deserves to have there personal relationships damaged, source of income lost, property forfeited, family discouraged, or mentality disturbed over Marijuana in any form. This case is bigger than Earl Carruthers. This case is about we the community standing up for what is right and stop letting them bully us around with their ignorance, incompetence, and greed. The decision is made lets go to the SC.

 

Now with that said on to business: 

 

Fundraising: 

 

I have been approached by Attorney James to help head the fundraising by setting up an trust account for this cause which I have no objections to. I honestly rather not have any money sent to me personally so not be put in a awkward situations. I want everyone to feel comfortable that every penny is going towards this fight. 

 

I am open to any suggestions and awaiting to here back from Attorney James now in regards to organizing the campaign. 

 

The total cost is TBD as I am waiting to here back from the attorneys who are assembling a team to propose to us now. As soon as I know you will know also. 

 

Transcripts:  

 

I went to OCC (good times I tell ya) and was able to get all transcripts but from the 46 district court which is where the lab tech took stand during an hearing. The translator who owns the right to them is out of town until Tuesday, Aug 13th so will follow up then.

 

To "First To Be Raided" 

* I did not accept any plea deals and went to trial at circuit level and lost. I was sentenced to 33 days in Jail with 3 years probation. I was not allowed to use medical marijuana as my defense at trial since at the time if u did not qualify for sec 4 then u could not use sec 8 at OCC which made me look like the cartel of brownies...since People vs King that crap does not fly anymore.

   

 

To "800 Pound Gorilla"

 

I am committed and ready to go.

[cristinew]

Cannabis Oil Is  The Medicine ,,,

[bobandtorey]

Hello Hello,

 

Thank you to everyone for their support and personal encouraging messages.

 

Family and friends really want me to think about this as I am also currently fighting another compassion club case at OCC in which we were done very very dirty.  

 

Must say I fully understand and relate to the verse "....we are afflicted in every way, but not crushed; perplexed, but not despairing;persecuted, but not forsaken; struck down, but not destroyed...."

 

To those who advise me to simply take the sec 8 at Circuit level it is just not in me to back down. I always told my teammates in face of a challenge and adversity to man up and grab there balls so here I am grabbin em. 

 

 I understand even if I quickly win a sec 8 at Circuit the COA opinion stands as case law and many more will have to go through what I have and am. I do not believe anyone deserves to have there personal relationships damaged, source of income lost, property forfeited, family discouraged, or mentality disturbed over Marijuana in any form. This case is bigger than Earl Carruthers. This case is about we the community standing up for what is right and stop letting them bully us around with their ignorance, incompetence, and greed. The decision is made lets go to the SC.

 

Now with that said on to business: 

 

Fundraising: 

 

I have been approached by Attorney James to help head the fundraising by setting up an trust account for this cause which I have no objections to. I honestly rather not have any money sent to me personally so not be put in a awkward situations. I want everyone to feel comfortable that every penny is going towards this fight. 

 

I am open to any suggestions and awaiting to here back from Attorney James now in regards to organizing the campaign. 

 

The total cost is TBD as I am waiting to here back from the attorneys who are assembling a team to propose to us now. As soon as I know you will know also. 

 

Transcripts:  

 

I went to OCC (good times I tell ya) and was able to get all transcripts but from the 46 district court which is where the lab tech took stand during an hearing. The translator who owns the right to them is out of town until Tuesday, Aug 13th so will follow up then.

 

To "First To Be Raided" 

* I did not accept any plea deals and went to trial at circuit level and lost. I was sentenced to 33 days in Jail with 3 years probation. I was not allowed to use medical marijuana as my defense at trial since at the time if u did not qualify for sec 4 then u could not use sec 8 at OCC which made me look like the cartel of brownies...since People vs King that crap does not fly anymore.

   

 

To "800 Pound Gorilla"

 

I am committed and ready to go.

Great we our ready as well keep us up to date as you can and Thank you again

[BirdHunter]

Hire iron labs as an expert to refute all the bs about "unmeasurable thc".

[bobandtorey]

I don't think he has any money to do that and IMO if Iron Lab can help they should do it for FREE so they could get their name out there 

[phaquetoo]

We have to have a few attnys willing to make a good name for themselves in the mm community and maybe do most of this work pro bono!  yea yea easy for me to say, I will be donating for the many other things that are not free, we all need to get together and make sure this case gets turned around at the s.c or we are all screwed!  Now I can live with the leaves and budds, vaping, burning med cigs, using a bowl making my brownies the old fashioned way (yuck) but it still works and it would be very easy to pick all of the mm out of the brownies, if they let you do that, Im still in such disbeleif is this something we can do? make brownies the old fashioned way with the leaves and budds right in the brownie mix, when you bite you see nothing but green and a  lil brown?

 

As far as oil and tinctures, we have pts all over the u.s that need to use the mm that way to help with their ailment, I cant believe the people that voted for this law was thinking sick people were going to be burning a squib in stead of a safer way to use mm!

 

I will give what ever I can for this case, and if every one can dig deep we can make a difference this time and the next and next, and then maybe they will give up and quit messing with us!

 

I will give till it hurts! I want this law turned over like now!

 

I dont want to call any attny's out by name, you all know who you are, in any business a freebie can lead to many sweet paying jobs as in any business, I took up golfing to get business. I even let some win lol!  (did i mention ive built golf courses t to green on my own with nothing but my old ford tractor to help me)

 

Lets make sure earl made the right decision to not buckle under to thier plea deal!

 

Peace

Jim

[BirdHunter]

Can you post contact info of your fundraising attorney so people can get ahold of him? Anyone know the iron labs guys? Can you ask them to get involved? We need facts and science here in a big way.

[bobandtorey]

http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130711_C309987_37_309987.OPN.PDF