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Will A ‘Sticky Note’ Put Marijuana Caregiver’S Wife In Jail?


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Attorney David Rudoi argued the case on behalf of Cynthia Mazur before the COA in Detroit on January 15.  A search warrant was executed on the Mazur home in Holly, which resulted in marijuana manufacturing and gun possession charges. In exchange for not charging the felony firearm charge, Mazur’s husband plead guilty to a marijuana offense.

 

Prosecutors then charged Cynthia Mazur with both manufacturing marijuana and possession with intent to distribute marijuana for allegedly assisting in the cultivation process. Their single piece of physical evidence: a sticky note she had written on that was stapled to the stalk of a drying marijuana plant.

 

“The husband plead guilty because he was being threatened with a two year firearms felony and now because his garden was in technical violation of Section 4, his spouse was charged with a crime,” an exasperated Rudoi told TCC.

 

The Michigan Medical Marihuana Act allows that people who are in the vicinity of the medical use of marijuana are immune from criminal prosecution. The position of the Oakland County Prosecutor is, if the garden is not in compliance with the Act that immunity is nonexistent, Rudoi explained.

 

“You lose your immunity for merely being present?”  Rudoi questioned. “My argument is, this is clearly not the intent of the voters.”

Michigan’s Medical Marihuana Act was a voter-directed initiative that garnered 63% of the vote in 2008.

 

The note was attached to a drying plant contained within the garden. “Mr. Mazur needed the note written and he asked her to do it,” Rudoi explained. “He took the note into the garden and stapled it to the stalk.” The note contained information related to the harvest date and usable date of the plant. “They have no video, no fingerprints, no evidence that she ever entered the garden itself.”cleardot.gif

 

Other evidence offered as proof of Mazur’s role in maintaining the garden included her statements during the raid of her home. Officers claim she used the collective word “we” when she was interviewed regarding the marijuana-related activities taking place at the home. “That means nothing,” Rudoi said. “Even if she said, ‘We did nothing wrong,’ that doesn’t amount to an admission of guilt.”

 

Judge O’Brien ruled that Mazur was not a caregiver and therefore was ineligible for a Section 8 defense hearing, then determined that she was acting as a caregiver for the purposes of levying charges against her while still denying her defense team the right to a Section 8 trial. Under the MMA’s Section 8 rules a person can assert an Affirmative Defense, explaining why they may not have been in compliance with the MMA’s normal restrictions. Section 8 trials are jury trials; many prosecutors fear a jury trial because the public does not support prosecution of marijuana crimes, Rudoi said.

 

It is O’Brien’s denial of a Section 8 hearing that has the entire process on hold. Rudoi applied for an interlocutory appeal, which has Mazur’s trial paused while the COA determines the proper course of action to take. Oakland County prosecutors failed to submit legal briefs before the court-assigned date. Although Rudoi agreed to allow the prosecution more time to submit the documents the COA rejected the notion; in a regular case, time extensions are common but they are not allowed during interlocutory cases.

 

Oakland County was unable to present written arguments, nor were prosecutors allowed to give oral arguments on the 15th. Rudoi had the panel all to himself. “I used every second of my fifteen minutes,” he said. “I didn’t get to present all the information I had wanted to because the judges asked so many questions.”

 

This case’s precedent could be binding on other courts across Michigan. “This should be a published Opinion,” by the Court of Appeals, Rudoi said. COA Opinions that are published are binding on other courts across the state. “There really is no case law on this subject,” he concluded.  He was optimistic that the three-judge Appellate Panel would weight the arguments carefully, predicting the case will be decided- one way or another- by a vote of 2 -1.

 

http://thecompassionchronicles.com/2014/01/17/will-a-sticky-note-put-marijuana-caregivers-wife-in-jail/

 

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thats ludicrous

 

i was just telling a friend a couple days ago that the card only protects you from arrest in "most counties"

 

Oakland is not cannabis friendly in any way shape or form..

 

definitely begs the question what brought LEO to the house in the first place?

 

 

(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

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may have been the felony firearms ?

thats ludicrous

 

i was just telling a friend a couple days ago that the card only protects you from arrest in "most counties"

 

Oakland is not cannabis friendly in any way shape or form..

 

definitely begs the question what brought LEO to the house in the first place?

 

 

(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

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It appears the COA will never know;

 

Oakland County prosecutors failed to submit legal briefs before the court-assigned date. Although Rudoi agreed to allow the prosecution more time to submit the documents the COA rejected the notion; in a regular case, time extensions are common but they are not allowed during interlocutory cases.

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It appears the COA will never know;

 

Oakland County prosecutors failed to submit legal briefs before the court-assigned date. Although Rudoi agreed to allow the prosecution more time to submit the documents the COA rejected the notion; in a regular case, time extensions are common but they are not allowed during interlocutory cases.

I guess the prosecutor already knows the C.O.A is on there side alway has been IMHO

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Oakland is not cannabis friendly

 

 

the fair price for meds in oakland county is $660 per oz

no amount of profit would get me to grow in oakland county, I wish I didnt even have to drive thru oakland county,,,,,hey wait I dont have to go thru oakland county and I dont think I will miss much!  oh I might miss getting pulled over, I wont have to drive passed I-75 and big beaver rd with all the camera's,,,I think them were the 1st in the state to have camera's on I-75 right next to the troy po po's

 

way back in the 80's when city cops were negotiating contracts they agreed not to patrol any of the free ways and let the state po po's do all of the free ways to free up the city and or county cops to work within their countys and citys and not have to use man hrs on the freeway!

 

I lived in ferndale quite a while back, back when royal oak was a kewl place to go and see concerts at royal oak music theater, oops given up my age!

 

Peace

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I stay up north with my car, I love it here. police welcome outdoor visible growing here. dog kennels, in the open, cannabis trees flourishing in the sun half a year. They don't bother the folks who follow the rules round these parts.

 

I read a lot about patients being confused about when a seed or cutting become a plant, and think this should be spelled out clearly in our Act. I always knew, but so many don't. Somehow, even though the police have no way of knowing how many plants you may have, or if you're a grower, or a grower with guns, or mushrooms even

 they still find these people? Maybe the folks who misunderstand that point, also have other behavior that brings police to their door?   

 

I understand the significance in this particular case, and hope this doesn't further restrict our Act as written. Can anyone provide a link to the case or the raid/charges details?

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(i) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

Hmmm . . . how can the Court of Appeals twist this one around?

 

The defendant was not merely in the presence or vicinity but actually wrote a sticky note in the vicinity of medical marihuana. Sticky notes are not specifically mentioned therefore the defendant has no immunity. :judge:

 

The case was discussed on the last Planet Greentrees.

 

http://www.blogtalkradio.com/planetgreentrees/2014/01/17/planet-green-trees-episode-182-the-true-story-of-cush

Edited by Wild Bill
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rudoi did an inter-appeal because of a denied section 8?

is this the unregistered caregiver theory ?

 

rudoi should argue this case differently. he should say that the husband is a medical patient, and no one has provided any evidence that he was not cultivating/using for medical purposes.

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This is wrong on so many levels......... They nullify the patients medical use with the plea and then charge the wife because the mere presence clause does not apply to Her?  Wowwwwwwwwwwwwwwwww    Stretch much?????? And they have NO evidence of her even being in the growroom? NO the STICKY NOTE is NOT real evidence and especially with the explanation given. It should not be evidence enough for the prosecutor, judge or Court of appeal.  If the court of appeals dont get this one right then it is even more than obvious their intent....... Wow seems as though I've said that before and been wrong. The Supreme Court will have to settle it again. Wow......

 

 

EDITED TO ADD....... Wowwwwwwww   Sorry just had to say it one more time. Someone tell me again how they have even begun to implement this law..........Statewide?

Edited by ozzrokk
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"prosecutors fear a jury trial because the public does not support prosecution of marijuana crimes"

 

I thought section 8 is an evidentiary hearing with only the pa, judge and the defense to show the evidence for medical use, amount and dr/pt relationship. Is there really a jury involved here?

 

Ozzrokk is right, wwooooooowwwwwwwwwwww! This whole thing is just blown out of control.

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There is a jury involvement if there is a question of fact in any of the three prongs if there isnt then there is not a jury involvement. Sounds like the lawyer does not know as much as he should about the law. But the prosecutors and the court are way off base on all of this.

But not really. In practice, charges are either dropped at the section 8, or the defense gets banned from using a medical defense at trial.

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