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Card Expiration Leads To Getting Arrest


Dermotthedude

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Lots of good advice already here.. Here is my 2 cents...

 

#1 NEVER consent to a search even if you know 100% you don't have anything & he tells you the k9 is coming. If he asks you why tell him that your lawyer told you to never consent to a search its my 4th amendment  right..

 

#2 IF you have a camera phone turn on record & set it on your dash... Before the cop gets to your door. Even if you have it in your pocket recording it will still capture audio of you not consenting to a search or when he removes it on a body search. (which will be very helpful in court) The police have cameras so can you...

 

#3 If they ask you to step out of the car pull keys & recording cell phone put them in your pocket. Then hit the power locks or lock your doors... This shows that you did not consent to a search without saying a word.

 

 

 

 #4 And last whatever you say WILL be used against you in a court of law NOT can....

Edited by peacefulfield
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The lanes in front of Superior Grow are marked so that if you make a left turn into their lot .  you crossed a double yellow line and comitted an infraction. Livonia gets people all the time ..    Why would you consent to a search .. that was your mistake .  Shopping at SGS was your other mistake. 

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Dont get me started on all the idiots driving around here, crossing double yellows.

 

Sorry to threadjack, but if there is a double yellow, you cannot pull into it from oncoming traffic to make your left turn lane, effectively blocking the turn lane for who its supposed to be used for.

 

Second.  A turn lane on a 4 way highway that is not double yellow but for bi-directional IS NOT to be used as a merge lane.  That is illegal and dangerous.  I ride a motorcycle and it always scares the pickles out of me when I'm in heavy traffic and one of these huge SUV's pulls into the turn lane from a driveway, so he can merge with traffic.  I never know if he will merge into my lane or stay put in the turn lane.

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The lanes in front of Superior Grow are marked so that if you make a left turn into their lot .  you crossed a double yellow line and comitted an infraction. Livonia gets people all the time ..    Why would you consent to a search .. that was your mistake .  Shopping at SGS was your other mistake. 

 

 

I agree thats why i rent a car to go there or order your stuff you need from here the MMMA has a great store

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What about affirmative defense..?  You could always request .7411 or Holmes YouthTraining act to get probation and have it taken off your record if you have to plead down.    I had to use HYTA .7411 about 16 years ago.  it saved my as- or I would have had a felony and wrecked a good decade of my life.  Lucky for section 7411 or alot of us would not be productive members of society.  And likely have been dragged thru the prison Industrial Complex.  Thus perpetuating a life of crime and institutionalization. 

 

I cannot wait for legalization so all this BS goes away and the cops, judges, PO's and the whole rackett are forced to actually help society by targeting violent ofenders and HARD DRUG addicts that do real crime to get crack rocks and or heroin.

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read the Michigan Supreme Court ruling where it says the 12 plant limit and 2.5 ounce limit are arbitrary numbers came up with by the Legislature and have no bearing on the voter initiated law.

 

http://courts.michigan.gov/supremeco...ons/142695.pdf

 

 

http://coa.courts.mi.gov/documents/O...301427.OPN.PDF

The trial court gave the following jury instruction regarding the MMMA affirmative
defense:
Now, we have a state statute regarding the medical use of marijuana which
provides as follows: A qualifying patient or caregiver may assert the medical
purpose for using or manufacturing marijuana as a defense to any prosecution
involving marijuana. And this defense shall be presumed valid where the
evidence shows that the statute provides that there shall be a presumption that a
qualifying patient or caregiver is engaged in the medical use of marijuana in
accordance with this act if the qualifying patient or caregiver, one, is in
possession of a registry identification card, and two, is in possession of an amount
of marijuana that does not exceed the amount allowed under this act.
Now, the presumption may be rebutted by evidence that conduct related to
marijuana was not for the purpose of alleviating the qualifying patient’s
debilitating medical condition or symptoms associated with the debilitating
medical condition in accordance with this act.
* * *
A qualifying patient or caregiver who has been issued and possesses a
registry identification card shall not be subject to prosecution for the medial use
of marijuana and 12 marijuana plants kept in an enclosed locked facility. . . .
While this instruction matches the requirements under § 4, the trial court erred in giving this
instruction to the jury because, as discussed, supra, defendant was entitled to assert a § 8
affirmative defense at trial.
IV
-8-
As clarified by our Supreme Court, § 4 applies only to registered qualifying patients,
while § 8 provides an affirmative defense to “patients” generally. Kolanek, ___ Mich at ___
(slip op at 19). Because the jury was not properly instructed concerning the applicable
affirmative defense, defendant is entitled to a new trial.
Having concluded that the instructional error warrants reversal, we decline to address
defendant’s remaining claim of error.
Reversed and remanded for a new trial. We do not retain jurisdiction.

 

 

 

read the Michigan Supreme Court ruling where it says you only have to have gotten your Doctors prescription after the passing of the law to be covered.

 

look it up, not hard to google

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"The Supreme Court explained that
[t]he stricter requirements of § 4 are intended to encourage patients to register with the state and comply with the act in order to avoid arrest and the initiation of charges and obtain protection for other rights and privileges. If registered patients choose not to abide by the stricter requirements of § 4, they will not be able to claim this broad immunity, but will be forced to assert the affirmative defense under § 8, just like unregistered patients."

So here we see the real meat behind sec 4, "in order to avoid arrest and the initiation of charges", so basically it is a stay out of jail card, while sec 8 is a get out of jail card. I am amazed they named his patients, seems like a hepa violation, so because this is not considered "real" medicine hepa does not apply? Who better to declare it medicine than 63% of all voting Michiganders? I love that they left him 36 plants, how funny is that! It seems to me almost that they are saying private property is secure???

And on page 6:

(2) the defendant did not possess an amount of marijuana that was more than “reasonably necessary for this purpose” YA! no 12 count here, not in sec 8! 

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read the Michigan Supreme Court ruling where it says the 12 plant limit and 2.5 ounce limit are arbitrary numbers came up with by the Legislature and have no bearing on the voter initiated law.

 

http://courts.michigan.gov/supremeco...ons/142695.pdf

 

 

http://coa.courts.mi.gov/documents/O...301427.OPN.PDF

 

The trial court gave the following jury instruction regarding the MMMA affirmative

defense:

Now, we have a state statute regarding the medical use of marijuana which

provides as follows: A qualifying patient or caregiver may assert the medical

purpose for using or manufacturing marijuana as a defense to any prosecution

involving marijuana. And this defense shall be presumed valid where the

evidence shows that the statute provides that there shall be a presumption that a

qualifying patient or caregiver is engaged in the medical use of marijuana in

accordance with this act if the qualifying patient or caregiver, one, is in

possession of a registry identification card, and two, is in possession of an amount

of marijuana that does not exceed the amount allowed under this act.

Now, the presumption may be rebutted by evidence that conduct related to

marijuana was not for the purpose of alleviating the qualifying patient’s

debilitating medical condition or symptoms associated with the debilitating

medical condition in accordance with this act.

* * *

A qualifying patient or caregiver who has been issued and possesses a

registry identification card shall not be subject to prosecution for the medial use

of marijuana and 12 marijuana plants kept in an enclosed locked facility. . . .

While this instruction matches the requirements under § 4, the trial court erred in giving this

instruction to the jury because, as discussed, supra, defendant was entitled to assert a § 8

affirmative defense at trial.

IV

-8-

As clarified by our Supreme Court, § 4 applies only to registered qualifying patients,

while § 8 provides an affirmative defense to “patients” generally. Kolanek, ___ Mich at ___

(slip op at 19). Because the jury was not properly instructed concerning the applicable

affirmative defense, defendant is entitled to a new trial.

Having concluded that the instructional error warrants reversal, we decline to address

defendant’s remaining claim of error.

Reversed and remanded for a new trial. We do not retain jurisdiction.

 

 

 

read the Michigan Supreme Court ruling where it says you only have to have gotten your Doctors prescription after the passing of the law to be covered.

 

look it up, not hard to google

Even if i did agree to all this and do it does say just that 

Just ask us how that worked out for the two of us

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Ok I just renewed my card as quickly as I could. Thank u everyone for the wisdom and telling me what I really needed to hear. This is an experience ill will never forget . Take it from me dermot the silly billy get your bunny muffin straight and don't take this card for granted Hopefully you all can take something from this totally unnessecary dilemma.

To answer some more questions I was given no reason why to get out and get searched. I was completely sober.

Great move renewing the card.

 

When you get your hard card, it will have a date issued and an expiration date.

 

Your issue date should say 2010, since that is when you entered the program.

 

Most cards I've seen are like that even if there was a short lapse.

 

Present your new card at court when it comes, and you should get a section 4 immunity from prosecution.

 

It should show that you were covered on the culpable date.

Edited by BirdHunter
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the air freshener is incidental. the cop would have just re-written the report to some other minor traffic offence. he saw you make a move towards SGS and decided to search you....then made up the "reason" for the stop.

 

also, unless you've got the money for a top lawyer, the chances of sec. 8 or having the charges eased or dropped, IN LIVONIA, are 0%

 

they'll offer to drop the obstruction charge for a guilty plea on the pipe........PASS

 

you'll get the same punishment for this either way. $500 fines, $120 probation fees, $60 court costs and 1 year reporting probation. you will have to pee and you'll probably have to pick up some trash on the highway. if you have a record, maybe a class or two

 

Livonia sucks. look around at the court house or probation department and you will see 85% African American, yet the population rate is closer to 15%. when I asked around, seems every other Caucasian was there for either alcohol or marijuana ( 1 girl was shoplifting) 

 

surrendering your rights and consenting to a search is never a good idea. in Livonia it's down right stupid. they'll profile you, lie to you, tailor the reports towards making charges stick instead of what the actual facts were. they want your money and a +1 in their arrest ledger. why HELP them violate your rights?

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Try to stall until you get your new hard card. Read my above post. I'm pretty confident your card will say issued 2010 expires 2015, and you should be all set.

 

Is there anyone who renewed with a small lapse who can confirm continuous dates on your card?

 

Yes.  Just got a card today.  Original card was issued on 5-22-09.  Expired on 6-1-13.  Renewal sent in about July 15.  New card says it was issued on 5-22-09.

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Just come to the d, and help the rest of us clean this place up.

True that but the crime rate in the D is the part i would be worried about.  when I was in the D none of the neighbors knew me but they also knew I had my CCW at that point in my life.  To lilve in a war zone and not be strapped is just stupid.  Even a cop will tell you this about Detroit.

 

I love the D but the ignorance, crime, reverse discriminzation all weigh in when choosing to move to a liberal area when it comes to growing.  At any given time day or night you can fall victim to the abuse of criminal activity.  Literally every single time I left my house i would wonder if I was going to get robbed.

 

If you move into the D to grow do not get a Alarm System wired up...just get a Large breed dog...pitbull preferred make sure the dog is well trained to bark at sharp noises and do not let the dog become friendly with the neighbors.  Make sure the dog is trained to attack but not be to overly retarded to the point where the dog will go all crazy and attack randoms.

 

And ofcourse when in the D.....always pack....always pack....always pack.  If you have a felony and cannot bear arms...DO NOT MOVE INTO THE D.  Your life is not worth it.  Trust me I can say this with 100% truth.

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Yah, i have taken quite a few precautions being here. Weve all been on edge with the recent car jackings and woman being shot, i literally walk and drive past both places on a daily basis. Perhaps the city is beyond repair at least in these residential areas. Lol ive been trying to move for almost two years. Cant seem to find a landlord that isnt scared away by a caregiver. Pft...w/e. mollys always with me.

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My cards came back with original date even though I waited a month too long and had to apply as a new patient

:thumbsu:

Great news for the original poster!

 

I hope he reads this thread. Once his card comes in, he should be able to get a section 4 and be done with the matter, as long as he can put them off until it comes.

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