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Getting Legal After Charged With Possession?


420 grower
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A friend who wouldn't get his card because he'd lose his ccw if he did got charged with possession of mj and with possession of a firearm while intoxicated last week. I'm thinking since he'll lose the ccw anyway could he get a Mmj card before he goes to court and get the mj charge dropped and maybe plea out on the other? Any advice or experience from anyone wld be appreciated thank you.

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christinew : he could have a doc rec already, just not the card.

unfortunately, he will have to get his doctor in court to prove that one i think.

 

sorry 420grower, but the mich supreme court already had a guy who tried to get a rec after he was arrested. it didnt work out for him.

he can read people v kolanek (its a combined opinion with people v king)

 

hopefully your friend has a doc rec to use mmj?

if so, have him ask a lawyer to see if the lawyer can contact the prosecutor and get the charges dropped.

 

otherwise your bud will be in for a section 8 case. which may be difficult.

here is a section 8 template that your friend can peruse over and check out.

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

 

advice: get a lawyer skilled in mmj. 

if he had a rec after 2009 to use mmj, and before he got arrested, and he did not make any conflicting statements to police on the medical nature of his mmj, then tell him not to take a plea.

 

people have gotten charged with firearm and marijuana and got it dismissed, AND got the gun and marijuana back from the police. theres pictures here on the forums proving it. with the mmj in evidence bags and everything lol. so it is possible. with a good lawyer, and a good case and a good judge. good luck.

 

what county is he in? that will decide much of the case right there. hope its not oakland county...

Edited by t-pain
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then hes got zero protections under the MMMA.

 

unless one of his doctors says he reccomended marijuana before his arrest and is willing to testify to that in court...

 

its worth a shot , maybe the prosecutor will go easy if he gets a card. but that issue of getting a rec/card post-arrest already hit the michigan supreme court. so it probably will not work. lying about the card/rec to anyone is an additional penalty...

 

good luck to your friend.

Edited by t-pain
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then hes got zero protections under the MMMA.

 

unless one of his doctors says he reccomended marijuana before his arrest and is willing to testify to that in court...

 

its worth a shot , maybe the prosecutor will go easy if he gets a card. but that issue of getting a rec/card post-arrest already hit the michigan supreme court. so it probably will not work. lying about the card/rec to anyone is an additional penalty...

 

good luck to your friend.

I got caught burning one by a county deputy before I applied for my card or had a dr. rec, I talked to a few attny's I know, and they said go get your card asap, so I did, ....this was in late 08 or early 09.

 

The reason they came to where a group of us were was a disturbing the peace thing, after they snuck in and seen me burning one I got arrested and stuffed in the back seat of one of the po po cars, they searched my belongings, cars, camper,etc, they also found a loaded .22 long gun, they took that also. This happened on a fri nite, I got bailed out sat morning and was at the po po dept to see about getting my gun back mon morning, they gave me my gun and ammo, my ammo was in a plastic baggie when they gave it back, and than I seen what I was charged with for the first time, and the gun had nothing to do with anything, and you are allowed to have a loaded gun in your camper on state land if you have a camping permit, they have to give you so much around your camping area as kinda like private property when you are camping legaly!  This was not at a camp ground, it was state land period!

 

By the time we had my pre lim I had my paper work, mmj charges dropped in d.a's office, never seen the court room for that, and I stalled them as long as I could to get  all of my charges dropped, the only one left was a distrubing the peace, long story short, I plead no contest to the disturbing the peace and paid 150 bucks and walked,  now that was in the beginning of the program, not sure it would happen like that today!

 

But I would still go and apply for the card just in case, when you apply for your card if you are a ccw card holder, I wouldnt tell them on my appliction, they are not supposed to be able to cross check that stuff right?

 

Best of luck to your friend!

 

Peace

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The, "I have a CCW, so I can't get a MMP card, in fear that I'll lose my CCW..."  is a poor excuse. How exactly would that work, if THEY (whoever that is) wanted to arrest everyone with marijuana and guns? Even cross checking CCW and MMMP cards, if you could get past the privacy provisions, would require new laws and cost millions of dollars.

 

If you have a CCW, get your doc. rec.  and apply for a MMP card, they will most likely grant the card. And if they didn't, so what?

You still have your CCW AND the doc. rec. that  gives you some protection.

 

Same for the opposite. If you have a MMP card and you want to get a CCW, just apply. Most likely you'll get a CCW. If not, you can give up one or the other at that point.

 

Sometimes it can be a fine line between, "letter of the Law" and the reality of the enforced law, but most of the time it's fairly clear who is in the cross-hairs. You can play overwhelming odds and be OK most times.

 

For those who want to comply 100% of the time with ALL laws, then you'll have to give up marijuana for good (federal law) anyway...and not speed too... :watching:

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well mr wilson, its the same reason people dont sign up at all. they dont want to be rounded up and put in camps.

 

the same reason this pharmacist didnt sign up for the program

http://www.mlive.com/news/kalamazoo/index.ssf/2013/07/southwest_michigan_pharmacist.html

 

its because people are making whoopee scared.

they are scared because the mich attorney general is a cupcake and is scaring people.

scared because senator jones is scaring people and making uncertainty and doubt.

scared because the cops say they will keep treating it like its illegal no matter what

 

people are scared. even people here in the forums are scared.

many times in this forum i've seen people say they made a mistake in registering and wont renew.

 

its a scary thing, losing your rights, your property if some form isnt filled out or some card expires.

you could lose your medical license, driving license, gun license, student aid, scholarship if you get one conviction. so people are scared.

 

remember when the legislators tried to make the registry open to just about anyone?

thats why more people didnt register. they were scared of being on 'the list'.

remember canada messed up and mailed everyone with 'medical marijuana' on the envelope?

Edited by t-pain
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The, "I have a CCW, so I can't get a MMP card, in fear that I'll lose my CCW..."  is a poor excuse. How exactly would that work, if THEY (whoever that is) wanted to arrest everyone with marijuana and guns? Even cross checking CCW and MMMP cards, if you could get past the privacy provisions, would require new laws and cost millions of dollars.

 

the same way it always works.

1. declare emergency

2. use emergency powers (already a law, did you read the patriot act? NDAA?)

3. round them up and put them into camps.

 

there are no privacy provisions during an emergency.

 

remember what they did to the japanese-americans in ww2. never forget.

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Poor excuse? Really. First of all I don't think you know what your talking about. Yes you can get a Mmj card with a ccw. I did it. However they wouldn't let me renew it. In my county you can't get a ccw if you have a Mmj card. It's so rediculous and stupid. My job requires me to go to bad areas at time to work on rent houses, change locks etc. but because I have my Mmj card I no longer have a ccw. Also my father is in harsh meds and in severe pain daily. He won't get his Mmj card so far because he doesn't want to lose his ccw rights or get rid of any guns etc...

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Poor excuse? Really. First of all I don't think you know what your talking about. Yes you can get a Mmj card with a ccw. I did it. However they wouldn't let me renew it. In my county you can't get a ccw if you have a Mmj card. It's so rediculous and stupid. My job requires me to go to bad areas at time to work on rent houses, change locks etc. but because I have my Mmj card I no longer have a ccw. Also my father is in harsh meds and in severe pain daily. He won't get his Mmj card so far because he doesn't want to lose his ccw rights or get rid of any guns etc...

How did they know that you had a Mmj card?

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