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Seeking Advice.


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Hi all; new here, and must say I've very much enjoyed browsing this forum and have learned much.

 

I am currently being charged in Oakland County Mi (Clarkston) with posession of Marijuana as well as paraphenelia.

 

Synopsis:

 

At the time of arrest, I had in my posession a quarter ounce of usable marijuana, as well as a glass pipe.

 

At this time, I had only my doctors referral.

 

However, between my date of arrest and arraignment I had submitted all of my documents and the 20 or 21 days have lapsed without receiving letter of denial.

 

At my arraignment, the Magistrate had entered in a plea of not guilty on my behalf, though drug testing is currently a condition of my bond.

 

What, if any, advice may you offer?

 

I am curious and am open to answering questions as needed. 

 

Thank you, and have a great day.

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You are eligible to and certainly should defend yourself with the Affirmative Defense found in Sec. 8 of the law, which is a protection in addition to registration. Your doctor statement proves the case. Apparently  there was no caregiver involved. Is that right? Regardless, the amount in possession is entirely reasonable. Registration is not required to raise this defese. In fact, you do not have the protections that registration grants and your application cannot help you. It will cost you for attorneys and court costs, but we are here to help with advice and support, and our aim is to use the law to keep people from jail.

 

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)
Initiated Law 1 of 2008



333.26428 Defenses.

 

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

 

(1) A physician has stated that, in the physician's professional opinion, 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, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

 

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

 

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

 

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

 

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

 

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

(2) forfeiture of any interest in or right to property.

 


History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 ;-- Am. 2012, Act 512, Eff. Apr. 1, 2013
Compiler's Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

 

Good luck.

Edited by GregS
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A sec 8 defense will likely cost thousands of dollars and takes months if not years.  It will probably be on the higher end since you are in Oakland County.  If it was me, I would try and get either the possession or paraphernalia dismissed and eat the other one.

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ditto gregs

your sole hope is section 8

on this board in other threads you can find the 3 elements of a section 8 defense

Those three elements are listed and numbered in the text of the law above. You might get off cheap if the prosecutor is honest about respecting the law. In Oakland County that is a long shot, but stranger things have happened. Ms. Cooper might offer an attractive plea. My advice is to laugh at her.

Edited by GregS
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you have to file a motion to dismiss under section 8.

theres a template you can use for this!

 

it is here:

http://www.michiganmedicalmarijuana.org/ccs_files/downloads/ModelMOTIONTODISMISS.pdf

 

i would strongly recommend getting a competent medical marijuana-case-aware lawyer to help out.

the template may need to be updated. i have no idea how old it is.

 

also you will probably need to cite the case in where the recommendation was enough to satisfy prong 1, so you dont have to drag your doctor into this. although since its oakland county, they will drag every thing they can to cause trouble.

 

we've been through this before. some people in oakland county got the charges dismissed without even going to trial.

so theres hope. never give up, never surrender. never take the plea.

 

btw if you have never been in trouble before (7411), or if you are age 17-21 there are special protections in the mich law to get you out of court without damaging your permanent record.

 

i am curious, were you arrested while driving, on private property, or just in public and did you consent to a search at any time? just curious for statistics reasons, thanks

Edited by t-pain
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all very good advice.

 

excellent feedback everyone thank you!

 

i would only add that i hope you prevail and are healthy at the conclusion of your endeavor.

 

keep your head up and remain confident. 

 

PMA - Positive Mental Attitude

 

mom always said to keep my PMA in check and things will work out in the end.

 

life is not about the destination it is about the journey.

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........Or internet advice, for best results. Your attorney will provide the most sound advice available, and be willing to defend you in your choice.

I really wish you would have mailed your application the day before your arrest, instead of the day after.

 

There's always that chance that you would satisfy

proof of your need with a physician, but also there was the chance that you did not satisfy other state requirements mandated to receive the privilege of possession.

 

If this is your first drug offense, and you cant afford to take this to the end, ask your counsel about the S7411, a very useful bit for the young interested in preserving their criminal record. might be a bad idea don't know, I did it 30 yrs ago, with good results. fine, probation, no jail, no record.

 

I wish you the best, please keep us apprised?

Get a lawyer.  DO NOT rely on a public defender.

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I almost had the same circumstances, but I was lucky enough for it not to be in oakland county!  I got caught with very lil camping alone, no driving, just sitting there alone in the middle of no where (at least that is what I thought) and while I was medicating under my awning of my camper, a dnr officer walked right up on me, ( I didnt hear a thing). I had only my rec at the time, I didnt even tell leo that, I was arrested and they searched my camper w/o my permission, they said the smoking of my meds was enough to search, and I was in no possition to argue, I was cuffed and in the back of a county sheriif car by than. they found a few roaches and about 3 empty bottles of bho with very lil residue on the bottles,(I was saving the to refill) and they found my .22 rifle loaded in my bedroom closet in the case in my camper,

 

I had not sent in my rec yet either, within 2 bussiness days I recieved my rifle and ammo back and knew the charges I was facing, mmj and heroin (they thought my bho bottles were black tar heroin) I sent in my paper work after and had everything back by the time I was in front of a judge, in fact I never went in front of a judge, the prosecutor dropped charges based on my card, rec, etc

 

That was the 1st yr of the law, im not so sure it would have went that way today, im poss it wouldnt have went that way in oakland county, where I was in roscomon county they were alot more laxxed than they are today!

 

You never know though, you may get off like I did, but one thing we all need to remember is not to travel with meds or paraphanilia in our pockets or in reach in a vehicle, we need to lock it in something and put it in a trunk or the very back of the vehicle locked if we dont have a trunk, that is a new rule since the first yr!

 

Best of luck to you!  Im just letting you know that some of us have gotten off like the law was intended, but many more have been charged and paid the price,

 

Also while I was on probation for another of my phaq ups, I came back pos for thc on my urine screen while on probation in alpena, the judge didnt violate me, my p.o did but in court the judge let me off and I used mm the whole time on probation!

 

Peace

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  • 2 weeks later...

Hi all.

 

Update as of today, 11/26/2013.

 

At pretrial conference, prosecution adjourned the hearing due to incompetence of the medical act.

 

Public defender informed me that the case has a very good chance for dismissal.

 

Hearing scheduled for next month.

 

Hope I dont have to show up and gets dismissed.

 

I presented the public defender with the template posted by t-pain. Thank you so much, I know without it I wouldnt have felt as comfortable.

 

Thank you all, I will keep you informed.

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excellent ! you have a huge support base here. I cannot tell you the amount of times I possessed the evil weed without permission. You have your doc rec, and you are respectful, I think your case will be dismissed. I would however caution against a plea, if you can afford the hassle. that plea only serves as a notch on the belt of the oppressors. I would acquit you if you chose a jury trial. A bench trial in that county does not seem wise maybe.

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Wow !! Phaq !! you must've been crappong when the sneaky guy came up on ya !

did you let him fantasize or did you tell the officer it was bho ?

 

that is a good story, of a bad time, that could have been worse.

glad you survived that one !

 

care to share the campground city ?

I was on state land in roscomon county when the dnr guy walked up on me, than a few yrs later I got a disturbing the peace in alpena, my p.o said I could take all of my narco's but no weed, I smoked any how, she violated me and I went in front of the judge, He let me smoke mm the whole time I was on probation lol, my p.o was pi s s e d, I loved it lol!

 

Peace

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that's wild ! 

I was on state land in roscomon county when the dnr guy walked up on me, than a few yrs later I got a disturbing the peace in alpena, my p.o said I could take all of my narco's but no weed, I smoked any how, she violated me and I went in front of the judge, He let me smoke mm the whole time I was on probation lol, my p.o was pi s s e d, I loved it lol!

 

Peace

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At pretrial conference, prosecution adjourned the hearing due to incompetence of the medical act.

 

Public defender informed me that the case has a very good chance for dismissal.

 

Hearing scheduled for next month.

 

Hope I dont have to show up and gets dismissed.

 

I presented the public defender with the template posted by t-pain. Thank you so much, I know without it I wouldnt have felt as comfortable.

delays. they always delay. trying to bide time. hoping for another CoA judgement to go in their favor.

at the next hearing, if they try to delay again, ask the judge why delay it and get the sec8 over with or dismiss the case.

 

did the public defender feel the template was adequate or accurate?

 

btw, if this is an 'illegal transport' case, 750.474 does not apply to the MMMA. its inconsistent with the act.

this is my opinion and not legal advice. good luck to you and dont forget to let us know how it turns out!

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