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Mayorherb Defense Fund.


bobandtorey
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On 9/2013 My girl friend and I was pulled over for a head lite out. The officer came to drivers door asked for paper work, ect. . He then went back to his car and then came up to my window.

 

He asked " who in this car ahs a Marijuana card?" I said I did ( knowing I wasn't over or breaking any rules) He asked for my card, I handed him 4 expired and one set of paper work.

 

He went back to his car and came back and got me out of car, Asked where my "dope" was.

 

I said my Medical cannabis is n a bag all the way n the back of the Envoy covered up, He then brought me to front of cop car/ back of Envoy..

 

Asked to search, when I said he had no reason to and NO, He rushed at me and pushed me backwards..

 

I am not sure if I said yes after that, I do know he opened up the hatch and got my bag and shut the hatch.. He let my gf/cg get back n Envoy. He opened my bag and tried to say I had a lot, On my report it says 44 grams, As a Patient I am allowed up to 60.

 

. Which most of that was roaches. He then said again , Paper work doesn't count and arrested me.. I then was put n a cop car with a divider and a dog that barked for 45 mins..

 

then I was off to jail.. Mean while they searched my vehicle found some cuttings (11) which was n a paper bag stapled shut my CG had got to grow for her patient her and i..

 

She ahd showed them she was a cg and they sid that i all ready claimed everything.. I claimed my bag.. there was 7 bottles of they are saying Mariajuana tincture. When i was n front of the judge for a bond hearing.

 

.Cause for some reason they ( officers at jail) decided they didnt want to mess with it. so i had to set longer. Anyways he made fun of me being disabled..

 

I was totaly embarsed and humiltated . I am asking for help for a attorney.. As i am on disability i cant afford the cost of a attorney.. I have found one i am very interested n using.. Just need the $$.. I would like to thank everyone n advance..

 
 
 
 
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Well lets see where we stand.

 

11 cutting in a vehicle containing 2 people.  Now what does the LAW say about transporting live plants to their final grow locations?

7 bottles of tincture, wonder if there was identifiable plant material in there?

Marijuana in a bag, did it have a lock?

 

What does the law say, not your opion of what the law says, but what the law actually says?  This is an individual that has been giving folks poor advice for quite some time.  Guess now he is going to have to prove his points.  Going to be interesting to watch his section 8 hearing.

 

Don't mean to harp on this guy, but he has been a poor influence on many for quite some time.  This is the result...

 

I think I may just show up and watch to see how it is handled.

 

Dr. Bob

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It doesn't, but when I had a van, I locked it. Better to be safe than sorry.  MayorHerb was a prime target for local LEO.  It sucks, but it is what it is.  I figure I'm a prime target for my local LEO too.  I certainly wouldn't be caught driving any cuttings around with other people in the car.  This sucks for the Mayor though, just as it sucks for anyone arrested for MMJ.  I hope all goes well for him in the court room.

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No one should be arrested for a plant, but there are rules we must accept to gain access to this plant at this time, and this is one individual constantly flaunting those rules publically, posting nonsense opions all over the web about the law,  and recommending others follow his lead.  This is no surprise that he finally got burned.

 

Those so quick to come to his defense- is this kind of activity what you want to hold up as the 'standard behavior' for medical marijuana in Michigan?

 

Now enough- no more kicking this individual from me, beyond a hardy 'I told you so Mayor'.

 

Dr. Bob

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It doesn't have to be locked,...

 

 "Not readily accessible" and "Enclosed in a case" are requirements.

 

 

"I said my Medical cannabis is n a bag all the way n the back

He opened my bag and tried to say I had a lot

 

Back of car = "not readily accessible"

 

In a bag = "Enclosed in a case"?

 

Transportation of plants with a person not allowed to have those plants in the vehicle?

 

I wish him the best on his Sec. 8 hearing.

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Is this true?  yes it is  Any other details?  

it is all over Facebook and i would never post something like this if i hadn't known for sure 

Herb, are you guys OK? 

 

You know that I have been through this and performed an extraordinary amount of research, call me if I can help.

 

Sorry Bob, I wasn't trying to imply that you pulled this out of thin air, what I was really looking for was to hear it from the horses mouth (mayorherb) himself.

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Well lets see where we stand.

 

11 cutting in a vehicle containing 2 people.  Now what does the LAW say about transporting live plants to their final grow locations?

7 bottles of tincture, wonder if there was identifiable plant material in there?

Marijuana in a bag, did it have a lock?

 

What does the law say, not your opion of what the law says, but what the law actually says?  This is an individual that has been giving folks poor advice for quite some time.  Guess now he is going to have to prove his points.  Going to be interesting to watch his section 8 hearing.

 

Don't mean to harp on this guy, but he has been a poor influence on many for quite some time.  This is the result...

 

I think I may just show up and watch to see how it is handled.

 

Dr. Bob

Im sorry I missed you a few weeks ago at the get together near gaylord!

 

Now Bob please dont sink to some one elses level, Most of us know the rest of the story!

 

Lets all hope we can do something and help the mayor out, Im not realy sure if he likes me, but I have nothing against him and I dont want to see some one in jail because leo dont accept paper work that lara says is good after 21 days, and 11 plants is under the number, I dont recall anything in the law about trans porting plants being ilegal, unless you had more than what your cards said you were supposed to have.

 

I hope mayor herb and friends will keep us informed and let us know what we can do to make it easier for him!

 

Peace

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"there was 7 bottles of they are saying Mariajuana tincture."

 

Were they tincture?

 

You don't really quite say why they arrested you.

 

Yeah, there are a few grey spots in the narrative.  That's why I was wondering exactly what he was arrested for.  I'm guessing there could have been a problem with the plant transportation.  If they were his gf/cg's plants, then he wouldn't be allowed to be in the vehicle, only she could legally be in the vehicle with the plants.  If he claimed they were his and he had signed over possession of his plants to his CG, then he would be in illegal possession of the plants.

 

Honestly, according to his own version of events, it doesn't seem like he handled the stop as well as he could have.  That's not meant to be a dig on Mayor, it's just an observation.  It might be a good idea for people to get educated on how to handle a situation such as this in the best possible manner.

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Yeah, there are a few grey spots in the narrative.  That's why I was wondering exactly what he was arrested for.  I'm guessing there could have been a problem with the plant transportation.  If they were his gf/cg's plants, then he wouldn't be allowed to be in the vehicle, only she could legally be in the vehicle with the plants.  If he claimed they were his and he had signed over possession of his plants to his CG, then he would be in illegal possession of the plants.

 

Honestly, according to his own version of events, it doesn't seem like he handled the stop as well as he could have.  That's not meant to be a dig on Mayor, it's just an observation.  It might be a good idea for people to get educated on how to handle a situation such as this in the best possible manner.

I also agree that education, is the Key! i do as much as i can but some just don't want to here it .Most still think it won't! happen to them they our legal card holders!   And enough  Meds on hand not to run out and if they do get raided they will fight it all the way in front of a jury. And when i say what makes you think a jury will here you have a card? what makes you think that will happen?  know one in this State has been able to do that in almost 5 years

Edited by bobandtorey
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On 9/2013 My girl friend and I was pulled over for a head lite out. The officer came to drivers door asked for paper work, ect. . He then went back to his car and then came up to my window.

 

He asked " who in this car ahs a Marijuana card?" I said I did ( knowing I wasn't over or breaking any rules) He asked for my card, I handed him 4 expired and one set of paper work.

 

He went back to his car and came back and got me out of car, Asked where my "dope" was.

 

I said my Medical cannabis is n a bag all the way n the back of the Envoy covered up, He then brought me to front of cop car/ back of Envoy..

 

Asked to search, when I said he had no reason to and NO, He rushed at me and pushed me backwards..

 

I am not sure if I said yes after that, I do know he opened up the hatch and got my bag and shut the hatch.. He let my gf/cg get back n Envoy. He opened my bag and tried to say I had a lot, On my report it says 44 grams, As a Patient I am allowed up to 60.

 

. Which most of that was roaches. He then said again , Paper work doesn't count and arrested me.. I then was put n a cop car with a divider and a dog that barked for 45 mins..

 

then I was off to jail.. Mean while they searched my vehicle found some cuttings (11) which was n a paper bag stapled shut my CG had got to grow for her patient her and i..

 

She ahd showed them she was a cg and they sid that i all ready claimed everything.. I claimed my bag.. there was 7 bottles of they are saying Mariajuana tincture. When i was n front of the judge for a bond hearing.

 

.Cause for some reason they ( officers at jail) decided they didnt want to mess with it. so i had to set longer. Anyways he made fun of me being disabled..

 

I was totaly embarsed and humiltated . I am asking for help for a attorney.. As i am on disability i cant afford the cost of a attorney.. I have found one i am very interested n using.. Just need the $$.. I would like to thank everyone n advance..

 
 
 
 

Let's see. There are a number of issues here. Illegal transport is, as we know, inconsistent with the MMA and needs to be shown in court as such. The cuttings were being transferred legally and that issue would have to be challenged in court. 4 expired cards?? Whatinhell is that??? Were you over sec. 4 possession limits? As to tincture or not, we cannot determine at this point what the facts are.Cleaning up the post to make things more clear is necessary. The search may be in question, and again, there are not enough facts posted to come to a qualified position. It is not explained whether the police had probable cause to perform the search. Why not? Sitting in a cruiser with a barking dog is inconsequential to the issue. Give that up. Likewise, spending time in jail while 'roided up meatheads fool around is always to be expected, and is, again, cause enough to be butthurt, but not enough to make a legitimate legal claim.

 

There might be the possibility to work with disability law. I have said repeatedly that police misconduct toward qualified persons with disabilities is prohibited under Title 2 of the ADA and under state law. There has not been any buy in from the larger community to approach this issue, and I have to wonder why. You would need to prove that the police did indeed consider you a person with a disability, that your rights were neglected and that and that they refused to accommodate your condition(s).

 

In any event, please put out the facts in something resembling common English. This is just about enough for me to tune you out.

Edited by GregS
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What is Mayorherb's disability?  If it's back pain, then I don't think LEO has to accommodate anything.  They can't take away someone's wheelchair to put them in a cell.  Someone with breathing problems has to have access to their oxygen if needed, etc.  But something like back or joint pain, that's not going to get you any special treatment.  There's a difference between being sick and being disabled.  Just because you are an MMJ patient doesn't make you disabled.

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What is Mayorherb's disability?  If it's back pain, then I don't think LEO has to accommodate anything.  They can't take away someone's wheelchair to put them in a cell.  Someone with breathing problems has to have access to their oxygen if needed, etc.  But something like back or joint pain, that's not going to get you any special treatment.  There's a difference between being sick and being disabled.  Just because you are an MMJ patient doesn't make you disabled.

Erm, mayorherb's disability, while he states he is disabled, was not stated. If he or anyone else meets the definition of a "qualified person with a disability" as defined under the law, they are required to be protected. Are you aware what that definition is?

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qualified person with a disability

A legal term defined under ADA and Section 504 of Rehabilitation Act of 1973 as “ an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires,”

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Q. Who is protected from employment discrimination?

A.
 Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

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