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Section 8 Defense - People V Redden I Believe Is The Case That Applies


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Shout out to Bob and Tory.  I'm not new to this fourum , just using a differnent I.P. and login.

 

So here is the deal, I was pulled over in Livonia.  It's my feeling that there was no probable cause.  I have hired and attorney to dispose of this case.  He indicated that requested the video from the stop but I have heard nothing.  I was on my way to dinner with my mother who was driving behind me.  I went through a light that I believe was yellow.  My mother who was following behind me clearly went through a red light.  As she was getting pulled over I pulled over as well (into a private parking lot and put my van into a parking space).  The police officer quickly indicted to my mother that they were not even interested in even running her license.  At that point the officer asked my for my license and such.  As I handed the stuff over he indicated that he wanted me out of vehicle.  I complied, at that point the officer indicated that he smelled mj and put me in back of car in cuffs and began the search of the vehicle.  I heard him on the radio indicating that his nose must me failing him because it smells but he can't locate it.  At that point I said some dumb stuff about about sealed case in accessable to the driver....yeah yeah I know stfu.  At that point the officer opened up the back of my vehicle, found my safe and a sealed tool bag containg some meds and cookies.  Long story short I'm charged with possesion and some bs traffic violations.  I have no valid registry card.  I have my Dr.s rec from last April.  Truth be told I never mailed it in.  Since I wasn't growing I just didn't pay to renew my card.

 

There is more to the story and the mother of my children had most likley indicated (informed) to the LPD that I was in possesion of medicine and potencially worse.  It is my feeling that they were on the lookout for my me and my van and already suspected that I was in possesion of meds.  That being said it wasn't going to take McGruff the Crime Dog to sniff out the meds that I was bringing home.

 

I have read most of people v Redden (the lower court and the appealate court rulings) and feel that it is right on point for my defense.

 

I was hoping that ya'll might tell me if I'm off base on this.  Thanks in advance.

 

-jessiejamez

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Except as provided below, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, 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 marijuana 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 marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana 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) (a)The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the use of marijuana 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 marijuana 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).

 

c] If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marijuana 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 marijuana:
(I) disciplinary action by a business or occupational or professional licensing board or bureau; or
(II) forfeiture of any interest in or right to property.

 

http://michiganmedicalmarijuana.org/page/articles/caregivers/affirmative-defense

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Shout out to Bob and Tory.  I'm not new to this fourum , just using a differnent I.P. and login.

 

So here is the deal, I was pulled over in Livonia.  It's my feeling that there was no probable cause. 

 

I have hired and attorney to dispose of this case.  He indicated that requested the video from the stop but I have heard nothing.  I was on my way to dinner with my mother who was driving behind me.  I went through a light that I believe was yellow. 

 

My mother who was following behind me clearly went through a red light.  As she was getting pulled over I pulled over as well (into a private parking lot and put my van into a parking space).  The police officer quickly indicted to my mother that they were not even interested in even running her license.

 

  At that point the officer asked my for my license and such.  As I handed the stuff over he indicated that he wanted me out of vehicle.  I complied, at that point the officer indicated that he smelled mj and put me in back of car in cuffs and began the search of the vehicle. 

 

I heard him on the radio indicating that his nose must me failing him because it smells but he can't locate it.  At that point I said some dumb stuff about about sealed case in accessable to the driver....yeah yeah I know stuff. 

 

At that point the officer opened up the back of my vehicle, found my safe and a sealed tool bag contains some meds and cookies.  Long story short I'm charged with possesion and some bs traffic violations.  I have no valid registry card. 

 

I have my Dr.s rec. from last April.  Truth be told I never mailed it in.  Since I wasn't growing I just didn't pay to renew my card.

 

There is more to the story and the mother of my children had most likley indicated (informed) to the LPD that I was in possesion of medicine and potencially worse.  It is my feeling that they were on the lookout for my me and my van and already suspected that I was in possession of meds.

 

  That being said it wasn't going to take McGruff the Crime Dog to sniff out the meds that I was bringing home.

 

I have read most of people v Redden (the lower court and the appealate court rulings) and feel that it is right on point for my defense.

 

I was hoping that ya'll might tell me if I'm off base on this.  Thanks in advance.

 

-jessiejamez

 

 

I have read most of people v Redden (the lower court and the appellate court rulings) and feel that it is right on point for my defense ? 

 

I just happen to know Mr. Redden and have read all the rulings from the Lower Courts and  the Appellate Court most of what he tells me is it took many years to get those

Rulings and many (Dollars)  thank you MMMA and so much stress of almost 5 years 

 

I do feel you where legal and in that county i'm not sure if even a Card would have helped their case was some what of a  perfect storm case i have been told i feel it was  more of a test case

 

It didn't take them long to figure that out the fist day in Court when the judge said (Their will be no medical marihuana in my town) was the first thing that came out of his month and then the Lawyer gave him a copy of the Law he hadn't even read it or even new about the new Law i found that hard to believe Good luck and thank you for fighting the good fight and standing up for us all

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Except as provided below, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, 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 marijuana 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 marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana 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) (a)The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the use of marijuana 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 marijuana 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).

 

c] If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marijuana 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 marijuana:

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

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

 

http://michiganmedicalmarijuana.org/page/articles/caregivers/affirmative-defense

 

 

Sounds like a cut and dry Law to me and to many others and that is why the courts are fighting to not let any of it into a Court room in front of a jury as of yet

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JKAJR , as long as you have that dr rec, a section 8 will clear you of a posession charge.

just dont take the plea deal. ever.

 

your lawyer will have to file a pre-trial motion to dismiss under section 8.

 

here is the template of the motion to dismiss under section8. give it to your lawyer if he is not well versed on mmma cases.

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

 

curious what road you were on, was it 7mile or middlebelt or plymouth? the police are on permanent duty on the 'walmart roads'. there was also someone who got popped turning left into the grow store at 7/mbelt , they got him on illegal left turn but found a pipe , he got off with a lawyer helping him.

Edited by t-pain
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The little lessons in Redden are to avoid mistakes. Bob dropped his defense before it came to fruition. Prior to that, court records indicate that there was insubstantial follow up and attention to detail. It was not the fault of the defense attorneys or the prosecution.

 

You might better keep up with the changes in King, which appears soon to be resolved. Otherwise,  there are other cases where defendants made decisions, however difficult. A long time member, Herb Cannabis, walked away reasonably clean. That would, to my mind, be a better case to consider. Zap and some others might be so kind to point  to others. Nonetheless, absent any undue prosecutorial or judicial corruption, which cannot be discounted, you have a better than even chance.

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The little lessons in Redden are to avoid mistakes. Bob dropped his defense before it came to fruition. Prior to that, court records indicate that there was insubstantial follow up and attention to detail. It was not the fault of the defense attorneys or the prosecution.

 

You might better keep up with the changes in King, which appears soon to be resolved. Otherwise,  there are other cases where defendants made decisions, however difficult. A long time member, Herb Cannabis, walked away reasonably clean. That would, to my mind, be a better case to consider. Zap and some others might be so kind to point  to others. Nonetheless, absent any undue prosecutorial or judicial corruption, which cannot be discounted, you have a better than even chance.

 

Bob dropped his defense before it came to fruition? How do you know this ?

 

 

Funny we didn't see you in any of the Redden's court days where were you when they needed you the most ?

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Funny we didn't see you in any of the Redden's court days where were you when they needed you the most ?

Need me for what? It may have made us feel warm and fuzzy, but it's anybody's guess that it would have changed the outcome. Are you suggesting that my being there would have somehow made a difference?

Edited by GregS
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My patient beat a case in Liviona a few years ago.  He was driving home from work at 3:00 am in the walmart zone pulled over for no reason but happened to be the day he forgot his wallet with mm card.  Liviona po po found a roach in his center council arrested him impounded his car.  I hired an lawyer for him we beet the case.

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"Bob dropped his defense before it came to fruition? How do you know this ?"

 

It is pretty widely known you pled to a misdemeanor. The court records are archived somewhere in these forums. Your complaints about the law not working for you are entirely accurate. Sure it won't when you take a plea bargain. Who made that decision?. It's old news now.

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Need me for what? It may have made us feel warm and fuzzy, but it's anybody's guess that it would have changed the outcome. Are you suggesting that my being there would have somehow made a difference?

Yes

i do believe support does make all the difference to the people that are fighting the good fight and thats why i went to many cases 

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Yes

i do believe support does make all the difference to the people that are fighting the good fight and thats why i went to many cases 

What difference would it have made? Would the decisions in your defense have been somehow different? It ain't like we did not wish you well, and loads of conversation regarding the matter went on. And on. And on; everything from silly advice to commiseration. Now I think it's past the point of being reasonable.

 

If that's what you believe, then by all means, take whatever satisfaction you want from it, or not. We are not responsible for that.

Edited by GregS
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JKAJR , as long as you have that dr rec, a section 8 will clear you of a posession charge.

just dont take the plea deal. ever.

 

your lawyer will have to file a pre-trial motion to dismiss under section 8.

 

here is the template of the motion to dismiss under section8. give it to your lawyer if he is not well versed on mmma cases.

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

 

curious what road you were on, was it 7mile or middlebelt or plymouth? the police are on permanent duty on the 'walmart roads'. there was also someone who got popped turning left into the grow store at 7/mbelt , they got him on illegal left turn but found a pipe , he got off with a lawyer helping him.

heading north on Merriman, just south of 7.

 

Thanks for the Motion. I really appreciate it.

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What difference would it have made? Would the decisions in your defense have been somehow different? It ain't like we did not wish you well, and loads of conversation regarding the matter went on. And on. And on; everything from silly advice to commiseration. Now I think it's past the point of being reasonable.

 

If that's what you believe, then by all means, take whatever satisfaction you want from it, or not. We are not responsible for that.

 

 

Thanks 

 

Maybe i should Edit my post because you keep asking me over and over and over again the same thing 

 

Would the decisions in your defense have been somehow different? Yes i do think it would have 

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