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Moldy Leafs "usable"?

MiMedical

By MiMedical
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MiMedical Advanced Member

MiMedical

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I have a case pending in Michigan, I was doing everything according to the MMMA, I didn't apply for my card from the state, now I'm relying on..... Sec 8, my question is, is moldy leafs considered Usable? And it was moldy, wet and not intended for anything besides compost. Also, since it was wet, can they legally take it and allow it to dry??

Thanks in advance!

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t-pain Advanced Member

t-pain

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i am not a lawyer, this is not legal advice.

 

flowers and leaves only counts as usable if its dried.

the 2.5oz limit only applies to section 4. since you dont have a card, you can ignore sec4 and the 2.5oz limit.

 

section8a2 provides a defense for a reasonable amount of marijuana to ensure uninterrupted availability.

 

now that we've figured out you can ignore the weight, you should be focusing on getting a solid sec8 defense.

 

this is a sample template for a section8 motion to dismiss

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

it is out of date and could use some updates i think.

 

things to provide evidence for to satisfy section8:

you have to have gotten your doc rec before getting arrested.

you have to have been using marijuana for medical purposes only.

you have to provide evidence that the amount of marijuana you had was a reasonable supply.

 

explain this by showing how you used or processed the marijuana.

there was a case where the caregiver testified that he converted lots of bud into medibles and oils for his patients.

 

if the judge denies your section8, file an inter appeal. thats what it says to do in the king/kolanek opinion.

i recommend you read that opinion, it details section8 defenses.

 

you may want to try calling the prosecutors office and asking them if they will drop the case due to your intention to file a sec8.

they could just drop it before the case goes any further. :)

 

please contact a lawyer before doing anything.

if you have more questions, please ask. and good luck!

 

also if you want to, you can help future patients by letting us know how they got into your house or vehicle (warrant, cps, probable cause, etc). and what county you are in? i ask because oakland county seems the most against medical marijuana.

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MiMedical Advanced Member

MiMedical

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Wife's card was expired, but she does still have a rec from the dr, I had a dr rec prior to arrest/raid, ill certainly keep this up to date, the raid was last year, they have just now issued the warrants, a year later. Since the case is still open I would like to keep things minimal, I wasn't aware of the sec 8 not having a weight issue... But everything was locked, plants under twelve, meds were under 5oz. Only thing that will get us, if they count the weight of the moldy leafs, which were meant to be composted. Thanks for the info, and ill keep reading of course. Thank you

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GregS Advanced Member

GregS

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You will want to obtain (a) HIPPA release form(s) from your doctor(s) and submit it/them for copies of your records. Any diagnostics, treatment, or clinical notes in your chart should be provided to you. The process is pretty simple. You do not want to explain why you want them. You do not want to xplain why you (bzzt) want themtoxn (pop bzzt fzzt) Yuduntwtoxpln (fzzt yu pop oxpl pop fzzt bzzt)...

 

Get those records that verify your eligibility.

Edited by GregS
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t-pain Advanced Member

t-pain

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oh good, plants under 12 and everything locked. :)

 

yeah you should be fine then.

the prosecutor might try to scare you. dont take the plea bargain.

 

i was talking to an ASA guy, he mentioned sec4 required a 'card' but not a 'valid card' to get sec4 protections.

i thought that was interesting. i dont remember any cases where an expired card was argued to be useful...

 

i thought i saw a 'valid card' in a case opinion , but cant remember now.

Edited by t-pain
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MiMedical Advanced Member

MiMedical

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Tpain, are you saying that since she registered with the state then maybe her dr. Rec is no good? I understand that when applying for a card you need to get it to LARA before 3months , but I figured the rec. can still be argued.

 

 

Lol, thanks GregS, I'm on that tomorrow, doing some foot work for the lawyer makes me stay focused, and a little cheaper, the Dr has already said he will testify for free which helps.

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GregS Advanced Member

GregS

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Tpain, are you saying that since she registered with the state then maybe her dr. Rec is no good? I understand that when applying for a card you need to get it to LARA before 3months , but I figured the rec. can still be argued.

 

 

Lol, thanks GregS, I'm on that tomorrow, doing some foot work for the lawyer makes me stay focused, and a little cheaper, the Dr has already said he will testify for free which helps.

Your doctor's willingness to testimony is HUUUUGE. That cannot be overstated.

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t-pain Advanced Member

t-pain

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Tpain, are you saying that since she registered with the state then maybe her dr. Rec is no good? I understand that when applying for a card you need to get it to LARA before 3months , but I figured the rec. can still be argued.

 

 

no, the doc rec is good as long as it was made after the law was signed in 2009 :)

(of course, lara wants a doc rec within 3 months, but it should be fine for court.)

 

i was saying that an expired card might be useful for a section4 protection from prosecution. but that is untested so far.

Edited by t-pain
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beourbud Advanced Member

beourbud

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sad I know. been this way for a looong time though, as soon as we fell asleep at the wheel maybe.  Welcome to the Corpocracy !

 

The question is,  do we continue to "sleep at the wheel",  and the answer is a resounding...... NO

 

Change is in the atmosphere....Even Far Right of a Cliff repubs can feel it.

 

Welcome to the United States of America

Edited by beourbud
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beourbud Advanced Member

beourbud

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I sure hope so. Because we all know by now if we keep on doing what we've always done, we'll keep on getting what we've always gotten.

 

You know,  when gw was on word trade center after 911 the USA had a full blown world support and respect......it is a disgrace what corp and t/p fknrepubs have done to ussince.  

 

The UnPatriotic act stript us citizens of our rights and sold them to corp interests. 

 

2many wars in the name of corp resources

 

can we "afford to remain asleep at the wheel"

 

President Barack Obama will go down in history for Saving our Nation from t/p repub rule and destruction.

 

Look for "Accountability"  after the 2014 election when the house is more accurately represented....should be fun  

 

when a kid can go to prison for a sac o grass and the bankster walk with 10digits, sumptin gotta give

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trichcycler Advanced Member

trichcycler

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I never expected anything to come of government ownership, as long as we have republicans and democrats. They both passed unfair trade agreements with countries utilizing slave labor for instance, sending millions of our jobs offshore, long before 911. Six months into every election, both parties' voters regret their vote. It seems to be a guarantee for dissatisfaction by voting for one or the other, at least in my lifetime.

There's only one point they agree on often, they both believe the other has ruined our country, and you know what, they're BOTH right ! imo. Like rep/dems are the same guys admiring themselves in the mirror !  

 

You know,  when gw was on word trade center after 911 the USA had a full blown world support and respect......it is a disgrace what corp and t/p fknrepubs have done to ussince.  

 

The UnPatriotic act stript us citizens of our rights and sold them to corp interests. 

 

2many wars in the name of corp resources

 

can we "afford to remain asleep at the wheel"

 

President Barack Obama will go down in history for Saving our Nation from t/p repub rule and destruction.

 

Look for "Accountability"  after the 2014 election when the house is more accurately represented....should be fun  

 

when a kid can go to prison for a sac o grass and the bankster walk with 10digits, sumptin gotta give

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trichcycler Advanced Member

trichcycler

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well, actually, a cutting poked into a rockwool cube shows clear intent, and will be counted as one plant.

unusable roots, that's it.

 

decide your planting schedule based upon needs and weight limits of finished material. Do not plant more than your limit at any time. these types of rush only serve us in the very beginning, and the experienced here know its irrelevant after that. You'll be able to supply the needs of your patients most likely and stay under plant counts all the way. Spend energy now looking into proper room designs and controls, genetics both new and old, respectable breeders, test results, long lasting timers, and things of that matter. There are NO tricks to beating the law, if there were, they wouldn't be tricks, but instead they'd  be the way we do it.

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t-pain Advanced Member

t-pain

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Cotyledons = when a leaf has sprouted it's called a "plant" correct?

 

technically cotyledons are the two halfs of the seed.

the mcl definition of marijuana is dumb as hell.

 

A cotyledon is a significant part of the embryo within the seed of a plant.

Upon germination, the cotyledon usually becomes the embryonic first leaves of a plant.

 

so

 

(5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons.

 

would only refer to a plant that has produced seeds.

 

dont bother arguing this , it wont work. judges dont give a muffin bunny.

 

somewhere else in the law, or the fed law, it mentions a plant is only something with roots visible to the naked eye. of course intent also matters like grassmatch says. if its in a cloner machine in rockwool with cloning solution... it may just count.

Edited by t-pain
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