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yes get a different attorney, have him immediately file a section 8 motion, since that has to be filed pre-trial.

 

or even file your own section8 motion right now , anything to delay proceedings.

 

here is the template motion to dismiss. read it backwards and forwards and give it to your lawyer.

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

 

whatever you do, dont take the plea deal. closer to trial the prosecutor will offer to drop all charges except posession. if you had your card at time of arrest, dont take this deal! the next thing out of his mouth will be 'judge, i am dropping all charges'.

Edited by t-pain
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what brought the law to your garden?   did someone miscount 12 plants? 

A lawyer suggesting an innocent person plea bargain/guilty plea may not have your best interest in mind. I think t-pain offered sound advice and hope you come out of this well.

 

 

I will be going to court January 21st, facing 3 felony charges... Even though I was following the law as written by the legislature.

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They are counting the seedlings I was sexing naturally as plants... even though they had no usable material and my facility was clearly set up to grow only the allowed 12 plants per pt... large pots where the females could grow to maturity. There was already a pile of males that had been pulled as soon as the sex was determined.

How do you possess only 2.5 oz when you harvest 12 plants that are supposed to last you for a year? It's ludicrous.

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yes, the law is difficult to stay within.

 

most people around here keep plants alive and only harvest one or two buds at a time to ensure they are within 2.5oz.

 

also some rely on the uninterruptable supply as defined in the section 8 defense.

"(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"

 

so a lawyer who doesnt know about sec8 is going to harm your case.

 

also , they count seedlings as plants. and dead plants lying on the floor as plants.

so you have to destroy plants immediately, and you arent allowed to grow 24 plants because 12 will be males. follow the rules to the strictest.

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Will they give me time to get a different attorney? Do you know what I should expect (shouldn't there be a meeting with the lawyer to explain things? And will I have a chance to get people subpoened?)

 

yes, the judge will give you time.

 

explain to the judge that your current lawyer wanted you to take a plea deal and you feel that is not in your best interests.

explain to the judge that your current lawyer did not understand the section8 portion of the law.

 

there should be a meeting with the lawyer, call up your lawyer and ask if you can meet with him. write down what time you called.

if he denies a meeting, tell the judge this information. the judge will agree your lawyer is not representing you properly.

 

dont panic! call another lawyer and ask him what to do. you can search for cannabis lawyer grand rapids

here are some cannabis lawyers in that area you can call:

http://brucealanblock.com/medical-marijuana/

http://lawyers.norml.org/michigan

 

of course they all dont work in the grand rapids area, but they can refer you to another lawyer who is knowledgeable about the law and can help.

 

always ask a lot of questions! this is your freedom you are fighting for!

we'll try to answer them, but we arent lawyers here (and nothing i say is legal advice)

Edited by t-pain
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I'm a cg for 3-5 patients full time. I found growing in a perpetual way allows me to be within the law on weights, and plant count. Its a careful intimate juggle for sure, and counts largely on patients accepting the amount they agreed on. When I grew for myself I kept 12 in the veg at all times, and included clones in that number. I flowered one plant every month, refilled the flower room with one more, and refilled the veg room with one more clone or seedling. When we add rules or words like "they were only seedlings, or only males"(not mentioned anywhere in the law) we create misunderstandings, and sometimes it gets us in trouble.

I think you will be fine with competent representation, as you were only growing the amount you needed, regardless of the "12". I've  assumed you know that you would need slightly more than 12 plants as necessary to treat your conditions.  Their are many discussions here concerning the perpetual harvesting technique, I hope you find them useful.

 

 

They are counting the seedlings I was sexing naturally as plants... even though they had no usable material and my facility was clearly set up to grow only the allowed 12 plants per pt... large pots where the females could grow to maturity. There was already a pile of males that had been pulled as soon as the sex was determined.
How do you possess only 2.5 oz when you harvest 12 plants that are supposed to last you for a year? It's ludicrous.

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what was the law part with plant counts, as you understood it ? I looked at it as 12 plants, 2.5 ounces of bud. the fishy troubling part to me was concerning how much weight can be drying, and when is it usable? Some prefer their buds in a jar for months before they consider it usable. They're not educated in marijuana in court, and have to rely on words, drafted by those who wanted to help us  I thought. Not so sure why and how the words didn't hit it right on, or maybe they did? I see wins more than I see losses for individuals abiding by those written words. Cops could use some education in the matter also. they came from devils weed to acceptable medicinal use and cultivation. much of their paychecks relied on this plant being completely prohibited.

Thank you... it's all so confusing... deliberately it seems. I was trying to stay within the legal parameters as STATED by the LAW... Which is quite different than how the courts INTERPRET the law...

At age 62 with no prior criminal history I could lose everything...

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i agree with everyone..

 

i am so sorry for your dilemma..

 

no one should ever be in jail.. prosecuted... for growing or using cannabis.

 

seek out an attorney that understands the cannabis law..

 

thank you t-pain that form has come in handy in so many instances.. i totally appreciate you sharing your knowledge and links with people in the community..

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think carefully...

 

 

http://www.legislature.mi.gov/%28S%2804dzlh33jdrtzy553sr5sp45%29%29/mileg.aspx?page=GetObject&objectname=mcl-333-7411

 

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978


333.7411 Possession or use of controlled substance or imitation controlled substance; probation; terms and conditions; violation; discharge and dismissal; deferral of proceedings; nonpublic record of arrest, court proceedings, and disposition; nonpublic record open to certain individuals and entities; purposes; course of instruction or rehabilitation program; conviction of second violation; screening and assessment; costs.

Sec. 7411.

(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), ©, or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as otherwise provided by law, is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.

(2) All court proceedings under this section shall be open to the public. Except as provided in subsection (3), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall be closed to public inspection.

(3) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record shall be open to the following individuals and entities for the purposes noted:

(a) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office has violated his or her conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor's office.

(b) The courts of this state, law enforcement personnel, and prosecuting attorneys for the purpose of showing either of the following:

(i) That a defendant has already once availed himself or herself of this section.

(ii) Determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

© The department of human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws.

(4) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.

(5) Except as provided in subsection (6), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.

(6) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.

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I do have a clean record and I hope to keep it that way...

 

I appreciate everyones help and support. There is not a lot of knowlegable guidance out there to navigate through this legal system; but knowledge is power and I am unwilling to let my fear decide my fate.

 

Court is 8:30 am tomorrow morning... I'll let you know what happens.

 

<3 Yeller Dawg loves ya'all <3

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