Arrested For Cannabis Truffles

[Mtrue101]

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Edited March 19, 2014 by Mtrue101

[t-pain]

yes, a medical patient is well within his rights to have edibles.

even the court of appeals decision (people v carruthers) that banned extracts allows for medibles.

 

now all you have to do is prove that to the judge.

by filing a motion to dismiss under section 4 , quote the relevant opinion from the court of appeals people v carruthers case.

also he can file a section 8 motion to dismiss.

 

also he should file a motion to wait until the supreme court rules on people v carruthers, since that case is going to the mich supreme court.

 

at any rate, your husband will probably need a lawyer. sorry to hear about your troubles.

if you tell us what part of the state , we can find some qualified lawyers who deal with mmj cases for you.

 

also, if they are charging your husband with a violation of 750.474 , that does not apply to medical patients. its inconsistent with the MMMA law and thus invalid. much like the zero tolerance dui law in people v koon case.

Edited February 6, 2014 by t-pain

[t-pain]

i should mention that the bill ( HB5104 ) to allow edibles/extracts passed the house, but has not been heard in the senate.

nor has it been signed by the governor. it is still a bill, it is not a law.

[Mtrue101]

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Edited March 19, 2014 by Mtrue101

[t-pain]

make sure you get a lawyer who knows what the michigan medical marijuana affirmative defense is.

[Mtrue101]

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Edited March 19, 2014 by Mtrue101

[pic book]

'Your area' is not, is not, the determining factor in choosing a def atty, but his competence at presenting a mj specic defense, including section 8.  Expect a fee of around $6k.

[pic book]

and i do know that you, like most peeps don't keep $6k on the nightstand.  consider it the investment necessary to maintain your lives non-disrupted, and go all-in with best qualified atty who makes you comfortable.  Ten years from now you won't remember the $6k, but you will still mourn a wrongful conviction. 

[trichcycler]

what a crock of poop!  I'm so sorry your family is being hassled.

[t-pain]

did they confiscate the truffles? i mean, could they test them now?

 

the CoA opinion in carruthers says medibles are allowed, on page 8 and continues to pg9:

http://komornlaw.com/wp-content/uploads/2013/07/People-v.-Carruthers.pdf

Our interpretation also does not preclude the medical use of marijuana by ingestion of
edibles;9 to the contrary, such use is authorized by the MMMA, within the statutory limitations,

provided that the edible is a “mixture or preparation” of “the dried leaves and flowers of the
marihuana plant,”

 

the whole extracts are not a part of the plant nonsense will be overturned by the supreme court. thats why i suggest having the court wait for that case to finish before starting on your case.

 

hopefully your husband hasnt said how those truffles were made.

hopefully will keep mouths shut and have the lawyer speak for you in court...

Edited February 6, 2014 by t-pain

[Restorium2]

Were the 'truffles' recently bought from a dispensary? There seems to be some missing information, like why he was pulled over, and why you didn't know about the truffles;

 

Apparently, he also had two marijuana truffles in the car.

[trichcycler]

I sure hope our redundant warnings and info actually prevent some patients from being hassled. It hurts to see patients that find out about the rules of our Act, after they get arrested for violations.

[Mtrue101]

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Edited March 19, 2014 by Mtrue101

[Norby]

Concentrated?  The truffles weigh more than the bud that went into them I expect.  What a crock o' shiit

[Restorium2]

Yes, his stupid, stupid friend had marijuana shipped in the mail from Canada. My husband had nothing to do with it. He was just a friend that he worked with in the past. Merely the worst timing in the world.

You were/are part of an internation investigation.

[Restorium2]

Jumping to conclusions.

Logic;

There's an international situation involving marijuana and a raid followed. Husband shows up at said raid and has marijuana on him. He is now part of the investigation.

 

Since the poster is saying that 'they had worked together before' leads one to believe that he might have already been on the radar. Phone records and video capture might be used in the investigation.

[bobandtorey]

I sure hope our redundant warnings and info actually prevent some patients from being hassled. It hurts to see patients that find out about the rules of our Act, after they get arrested for violations.

How many people do you think that no edibles are illegal

[Mtrue101]

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Edited March 19, 2014 by Mtrue101

[bobandtorey]

They had worked at a restaurant previously. My husband has been to his house on multiple occasions so it suppose it's possible that they think he was involved but he really wasn't!

 

How can they use phone records and such to prove that the truffles were concentrated? Can they bring the whole raid situation into this somehow?

 

We are so sorry about you and your husband the first thing Leo will try to do is scare you so the best thing to do is don't talk to them

[MiMedical]

They had worked at a restaurant previously. My husband has been to his house on multiple occasions so it suppose it's possible that they think he was involved but he really wasn't!

 

How can they use phone records and such to prove that the truffles were concentrated? Can they bring the whole raid situation into this somehow?

Just focus on the charge, get the lawyer, read the report and argue the edibles were from flower material, that's what I would do, don't bother thinking about the international drug ring thing. Just get the report.

You two will be fine.

[phaquetoo]

 

Do you know of any lawyers in our area? We looked up his offense - 333.74032B-A. We don't really have any knowledge of this sort of thing but it says right in there that marijuana is a misdemeanor. So confusing!

 

There saying the joint is a misdemeanor and the truffle is a fellony, at worst they should only be weighing the hole truffle for weight, but they have to see the budds or leafs in it, if it was made with cannabutter or oil it is not legal at this time.

 

Peace

[trichcycler]

I didn't know edibles were illegal. can you prove it ?

How many people do you think that no edibles are illegal

[trichcycler]

"any" ? 

[Highlander]

Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

[t-pain]

you might want to ask michael komorn, john targowski, neil rockind if they know who the best lawyer in your area.

http://www.targowskilaw.com

http://www.komornlaw.com

http://www.rockindlaw.com/

 

one of them will know someone in that area.

 

i cant vouch for any of these lawyers, just listing off a few , you can pick the right one!

todd looks like he knows about the affirmative defense, hes in mt pleasant and handles mecosta county.

http://centralmichiganlawyer.com/practice-areas/

 

http://brucealanblock.com/

bruce writes a bunch about the michigan medical marijuana program.

 

http://www.springsteadbartish.com/criminal-defense/felony-drug-offenses/#top

http://www.bayjustice.com/drug-charges-defense-lawyer.html

http://www.hultsandhelder.com/Practice-Areas/Criminal-Defense.shtml