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Is Sanilac County Leading The State In Illegal Transport Mcl 750.474 Tickets?


t-pain

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http://www.mlive.com/byron-center/index.ssf/2016/02/wyoming_to_regulate_transporta.html

WYOMING – City leaders are regulating how medical marijuana card holders can transport marijuana in their vehicles.

 

The City Council on Monday approved the first reading of an amendment to the city's possession of marijuana ordinance that makes it illegal to carry usable marijuana in a vehicle unless the marijuana is enclosed in a case in the vehicle's trunk or, in the case of vehicles without trunks, the marijuana must be enclosed in a case not readily accessible to vehicle occupants.

 

Violators will face a misdemeanor charge with a penalty of up to 90 days in jail.

 

City attorney Jack Sluiter said outlining how marijuana can be carried in vehicles is needed because police are frequently finding people in vehicles in possession of marijuana with medical marijuana cards.

 

The new regulations on transporting marijuana will require a second reading, which is expected to take place March 21, Clerk Kelli VandenBerg said. She said the amended ordinance will go into effect 15 days after the second reading.

 

The updates to the ordinance come two years after the state Supreme Court struck down the city's previous ordinance that virtually banned growing medical marijuana. The overturned ordinance strictly regulated how medical marijuana could be produced or possessed, but the court ruled the ordinance was preempted by the state's Medical Marijuana Act.

looks like wyoming didnt get the lesson the first time in court.

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  • 3 months later...

http://www.mlive.com/news/jackson/index.ssf/2016/06/msp_trooper_finds_motorist_wit.html

 

Manufacturing Marijuana:

 

Hillsdale County, Allen Township: A sergeant performed a traffic stop on a vehicle for improper display of a registration plate. Further investigation revealed a passenger in the vehicle, a 19-year-old Mount Pleasant man, was in possession of suspected marijuana as well as 19 marijuana plants. He was arrested for manufacturing marijuana and lodged at the Hillsdale County Jail.

 

 

this isnt improper transport (although the guy was a passenger and theres rules about that in sec4) but ... make sure nothing is obstructing your license plate.

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http://www.hakimlaw.com/blog-post/case-dismissed/

 

Case DISMISSED!

June 10, 2016

 

The 2008 Michigan Medical Marijuana Act defines the medical use of marijuana and protects qualifying patients from arrest and criminal or civil penalties. But in 2012, MCL 750.474 was added, and that statute appears to criminalize certain ways of transporting medical marijuana that were perfectly legal under the MMMA. For example, the 2012 criminal statute provides that unless medical marijuana is transported in the vehicle’s trunk in a sealed container, the patient is subject to imprisonment, and/or fines.

 

When one of our firm’s clients was charged violation of 750.474, Attorney Joslin Monahan sought to have the charge dismissed based on the fact that the statute was in conflict with the MMMA, and thus, inapplicable to the client. Attorney Monahan also argued that MCL 750.474 was an unconstitutional amendment by reference.

 

Although the prosecutor was initially unwilling to dismiss the 750.474 charge, after Monahan filed a motion to dismiss, the prosecutor agreed. This was a tremendous victory for our client.

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an old post i missed:

 

http://grandrapidslaw.blogspot.com/2016/02/marijuana-news-improper-transport-law.html

 

Marijuana news: improper transport law struck down by Allegan County's Judge Cronin

 

It's similar to an "open container" charge for alcohol - if the driver - or passenger - can consume alcohol while driving, then the police can write a ticket for that. So the improper transport law sort of seems to have a logical basis.

So the question arose whether the Improper Transport law, as applied, would be constitutional, as it makes the goals of the Medical Marijuana Act, and the intent of the voters who approved that Act. How would a qualified patient (or caregiver), who is otherwise immune from prosecution for criminal offense, be able to transport his or her MJ once obtained? It seems to create a double negative: qualified patients can't be prosecuted, unless they're transporting? Makes no sense at all.

So the answer (so far) is that the Improper Transport law is not constitutional, according to a ruling by Allegan County's Judge Kevin Cronin. The thing is, though, that the decisions of Circuit Courts aren't binding on other Courts. However, the Michigan Court of Appeals is waiting to hear a similar case in the next few months.

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http://www.oceanacountypress.com/2016/05/14/arraignments-include-brass-knuckle-possession/

 

Hart; improper transport of medical marijuana. Pretrial: May 17 at 4:15 p.m. Bail: $2,500/cash/surety/10 percent.

 

 

http://www.masoncountypress.com/2016/06/10/arraignments-include-drug-charges-assault-larceny/

Custer; June 3; State, Sheriffs’, Chiefs’ Enforcement of Narcotics Team (SSCENT); improper transport of medical marijuana. Pretrial: June 27 at 9:45 a.m. Bail: $2,500/10 percent.

 

http://www.leelanaunews.com/news/2016-03-31/Courts/86th_District_Court.html

Thompsonville — Sentenced to one year probation and credit for jail time served for improper transport of marijuana; not to consume or possess alcohol, illegal or non-prescribed drugs; no medical marijuana; not violence; to attend counseling; drug testing four times per month; discretionary urine screens; to perform three days community service; to pay fines and costs of $675.

 

 

http://www.shorelinemedia.net/oceanas_herald_journal/news/government/court-sentencings/article_9ed2f334-e08f-11e5-a6ec-1f701802253a.html

Hesperia, was convicted of medical marijuana — improper transport, and was sentenced to 93 days in jail to be served at the court’s discretion with credit given for time served. He was ordered to pay fines and costs of $400.

 

 

http://www.houghtonlakeresorter.com/news/2016-03-03/Court_News

Warren, illegal transport of medical marijuana: $375 in fines, costs or restitution.

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http://www.houghtonlakeresorter.com/news/2016-01-28/Court_News/82nd_District_Court.html

West Branch, illegal transport of medical marijuana: $225 in fines, costs or restitution.

 

Burton, demanded preliminary examination within 21 days on charges of possession of a controlled substance (analogues), possession of marijuana, possession of a controlled substance (narcotic) and illegal transport of medical marijuana. Home Town Security Team officers and Michigan State Police, Houghton Lake, made the arrests. The dates of offense were Dec. 17, 2015, and Jan. 21. Total bond was set at $10,500.

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http://www.leelanaunews.com/news/2016-03-31/Courts/86th_District_Court.html

Thompsonville — Sentenced to one year probation and credit for jail time served for improper transport of marijuana; not to consume or possess alcohol, illegal or non-prescribed drugs; no medical marijuana; not violence; to attend counseling; drug testing four times per month; discretionary urine screens; to perform three days community service; to pay fines and costs of $675.

 

 

http://www.shorelinemedia.net/oceanas_herald_journal/news/government/court-sentencings/article_9ed2f334-e08f-11e5-a6ec-1f701802253a.html

Hesperia, was convicted of medical marijuana — improper transport, and was sentenced to 93 days in jail to be served at the court’s discretion with credit given for time served. He was ordered to pay fines and costs of $400.

.

 

 

Man, that is horrible.

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Have to wonder why this law hasn’t been challenged in CoA or MSC over the last four years… kinda like they don’t want to. Technically speaking, the transport law could be applied to non-cardholders or those in violation of section 4. The law as a whole isn’t unconstitutional because it doesn’t specifically mention medical marijuana, it’s the application to legal cardholders that’s unconstitutional.

 

The same thing can be said about a per se THC limit; it is unconstitutional if applied to a protected patient. We may need a new thread when the saliva tests hit, because it’s going to be the new illegal transport. Probably worse to be honest, because we all know they are going back to odor being probable cause for various claims (including having THC in our systems).

 

But yea, those last cases are an example of why you need a good lawyer who is ready to fight and submit motions. I was pissed about randomized pretrial drug testing in Oakland (guilty before proven innocent), but 93 days is a little excessive.

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The per se limit (zero) in Michigan cannot be applied to patients, so that is done. The improper transport law is being challenged in People v Callen Trent Latz, pending now in the Court of Appeals. The transport law cannot be applied to non-cardholders as they see it: a reasonable regulation to the MMMA's permission to transport under the definition of medical use. I agree that the bogus saliva testing will be even worse, potentially, than the improper transport issue, especially in combination with the bogus drug recognition experts they are training in the state.

 

Why can't they apply the transport law to non-cardholders (recreational users)? I get the argument that there is no legal way for a non-cardholder to transport or possess, but the bill isn't called "illegal transport" or "transportation of medical marihuana" (except for local ordinances). It's "Transportation or possession of usable marihuana". Although usable marijuana is only defined in the MMMA, it's definition does not refer to just medical marihuana. Usable marihuana is simply the flower and leaves, so it should be applicable to anyone who doesn't have a card except those under section 8.

 

I get that the courts have ordered the per se issue over with, but the state police are about to revive it. The circumstances of this law are identical to the illegal transport issue with respect to constitutionality and MMMA section 7. All they will see or be trained on is what the saliva testing bill says, and that bill is based on per se limits... ANY amount. So there may be precedent to fight these charges in court for those with the cash (if you don't get a bad judge), but in reality LEO is going to be pulling the same BS over again. Can we really expect people who have been fabricating felony evidence to be trusted with such power? Hell no, in reality they are about to undo six years of court battles.

 

I can tell you right now that they are going to be using odor to claim they have grounds for mouth swabs due to the bills blanket per se limits. One thing I've learned is that PAAM and the others involved are not stupid, just malicious and lazy.

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  • 1 month later...

http://www.oceanacountypress.com/2016/07/28/improper-medical-marijuana-transport-no-insurance-arrests/

 

Tuesday, July 26, 2016:

9:53 a.m., a Pentwater man (age unavailable) was arrested for improper transport of medical marijuana, 72nd Avenue and Harrison Road, Hart Township.

 

Pentwater; improper transport of medical marijuana; MSP; July 1. Pretrial: July 28 at 11:30 a.m. Bail: $2,500/personal.

 

http://www.masoncountypress.com/2016/07/08/district-court-sentencings-dismissals/

Whitehall, pleaded guilty on June 28 to improper transport of medical marijuana and was sentenced to 93 days discretionary jail for one year, $600 in fines and costs, no drugs/alcohol, and may perform 30 hours of community service within nine months to receive a $300 credit towards fines and costs.

 

http://www.masoncountypress.com/2016/07/08/two-arraigned-this-week-for-violence-against-local-police/

June 18, MCSO, controlled substance possession – marijuana, improper transport of medical marijuana, and driving while license suspended (DWLS). Pretrial: July 25 at 3:15 p.m. Bail: $3,500/10 percent.

 

http://www.oceanacountypress.com/2016/07/08/78th-district-court-arraignments-sentencings/

Shelby; June 18; OCSO; improper transport of medical marijuana. Pretrial: July 19 at 10:15 a.m. Bail: $2,500/personal.

 

http://www.masoncountypress.com/2016/07/01/79th-district-court-arraignments-50/

Sheridan Township, June 15, MSP, improper transport of medical marijuana. Pretrial: July 25 at 10:45 a.m. Bail: $2,500 personal.

 

http://www.ourmidland.com/news/police_and_courts/article/District-Court-8763556.php

Saginaw, improper transportation of medical marijuana on Sept. 23, $775 fines and costs (MC).

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http://www.masoncountypress.com/2016/07/29/79th-district-court-sentencings-75/

Amber Township, pleaded guilty on July 25 to transporting an open intoxicant and use of marijuana and was sentenced to two days in jail with credit for two days already served, 90 days discretionary jail for one year, must attend victims impact panel, no drugs/alcohol, license suspended for 180 days and restricted for 150 days, and must pay $800 in fines and costs. Conviction is reportable to Secretary of State. Charges of improper transportation of medical marijuana and operating while intoxicated (OWI) second offense were dismissed on the motion of the prosecutor with prejudice.

 

 

http://www.mlive.com/news/jackson/index.ssf/2016/07/msp_man_cited_for_improper_tra.html

Improper Transportation of Medical Marijuana/Fugitive:

 

Jackson County, Grass Lake Township: Troopers conducted a traffic stop on a vehicle. Further investigation determined the driver, a man from Shelby Township, had three outstanding warrants out of Oakland County and was improperly transporting medical marijuana, for which he was cited. He was advised and released on the warrants.

 

http://www.masoncountypress.com/2016/06/10/79th-district-court-sentencings-72/

Manistee, pleaded guilty on May 31 to improper transportation of medical marijuana and was sentenced to two days in jail with credit for two days already served, 93 days of discretionary jail for one year, and must pay $535 in fines and costs. A charge of possession of a controlled substance was dismissed on the motion of the prosecutor with prejudice.

 

sounds like a carded patient ^^^

 

http://www.ourmidland.com/news/police_and_courts/article/District-court-news-for-Sunday-June-14-6916856.php

improper transportation of marijuana and allowing DWLS on Nov. 7, 93 days in jail with all but 30 days suspended and credit for one day, $1,175 fines and costs (MC).

 

http://sanilaccountynews.mihomepaper.com/news/2016-01-13/Court_News/District_Court.html

Sandusky. Improper transportation of medical marijuana. Fines and costs $415.

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  • 3 weeks later...

http://www.masoncountypress.com/2016/08/12/79th-district-court-sentencings-dismissals-10/

Sheridan Township, pleaded guilty on August 2 to improper transport of medical marijuana and was sentenced to 93 days of discretionary jail for one year and must pay $535 in fines and costs.

 

http://www.ourmidland.com/news/police_and_courts/article/District-Court-8-21-9175390.php

improper transport of medical marijuana on March 9, $725 fines and costs, one year probation, one year sentence delay, may not use or possess drugs or alcohol, subject to random drug and alcohol screening, may not enter bars (MC).

 

http://www.heraldpalladium.com/news/local/berrien-county-trial-court/article_facfb017-27ef-5eb1-b7c4-fe5948baba3c.html

Niles, fines and costs of $485 for improper transport of medical marijuana in a vehicle and $60 in fines for having an open container of alcohol in a motor vehicle May 7 in Baroda Township.

 

http://patch.com/michigan/royaloak/arrest-follows-threat-knife-over-parking-space-royal-oak-police

One (1) Improper Transport of Marijuana

 

http://www.oceanacountypress.com/2016/08/08/78th-district-court-arraignments-include-fleeing-police-drug-charges/

Pentwater; July 26; MSP; improper transport of medical marijuana and reckless driving. Pretrial: Aug. 16 at 11:15 a.m. Bail: $5,000/cash/surety/10 percent.

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http://www.masoncountypress.com/2016/07/29/79th-district-court-sentencings-75/

Amber Township, pleaded guilty on July 25 to transporting an open intoxicant and use of marijuana and was sentenced to two days in jail with credit for two days already served, 90 days discretionary jail for one year, must attend victims impact panel, no drugs/alcohol, license suspended for 180 days and restricted for 150 days, and must pay $800 in fines and costs. Conviction is reportable to Secretary of State. Charges of improper transportation of medical marijuana and operating while intoxicated (OWI) second offense were dismissed on the motion of the prosecutor with prejudice.

 

 

http://www.mlive.com/news/jackson/index.ssf/2016/07/msp_man_cited_for_improper_tra.html

Improper Transportation of Medical Marijuana/Fugitive:

 

Jackson County, Grass Lake Township: Troopers conducted a traffic stop on a vehicle. Further investigation determined the driver, a man from Shelby Township, had three outstanding warrants out of Oakland County and was improperly transporting medical marijuana, for which he was cited. He was advised and released on the warrants.

 

http://www.masoncountypress.com/2016/06/10/79th-district-court-sentencings-72/

Manistee, pleaded guilty on May 31 to improper transportation of medical marijuana and was sentenced to two days in jail with credit for two days already served, 93 days of discretionary jail for one year, and must pay $535 in fines and costs. A charge of possession of a controlled substance was dismissed on the motion of the prosecutor with prejudice.

 

sounds like a carded patient ^^^

 

http://www.ourmidland.com/news/police_and_courts/article/District-court-news-for-Sunday-June-14-6916856.php

improper transportation of marijuana and allowing DWLS on Nov. 7, 93 days in jail with all but 30 days suspended and credit for one day, $1,175 fines and costs (MC).

 

http://sanilaccountynews.mihomepaper.com/news/2016-01-13/Court_News/District_Court.html

Sandusky. Improper transportation of medical marijuana. Fines and costs $415.

 

What is "discretionary jail"?

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the internet says this:

 

Discretionary time means a probation officer can get unhappy with the defendant and take him to jail for a week, or two, or 30 days, or whatever.

 

 

so in that case , its probation for 1 year, and if the person violates probation, the probation officer can put him in jail for 93 days total.

 

but , i've read, that it is different than a probation violation. in that it probably does not need an official violation hearing. i wonder if they can do both though? discretionary and violation 93 days + whatever for violation?

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  • 2 months later...

http://www.oceanacountypress.com/2016/10/14/montague-man-arrested-on-warrants-marijuana-violation-following-crash/

CLAYBANKS TOWNSHIP — A Montague man was arrested by Michigan State Police troopers from the Hart post Tuesday, Oct. 11, at 5:58 p.m. for outstanding warrants and improper transport of medical marijuana following a two-vehicle crash causing a minor injury on Webster Road near 48th Avenue.

 

http://www.mlive.com/news/jackson/index.ssf/2016/10/msp_troopers_respond_to_traffi.html

Improper transport of medical marijuana:
 
Jackson County, City of Jackson: On a traffic stop for a turn violation, the male driver from Jackson was found in possession of marijuana. He was cited and released for improper transport of medical marijuana after further investigation.
 
Too much marijuana 
 
BURTON— On Sunday, an officer initiated a traffic stop, then smelled a strong odor of marijuana coming from inside the Hummer the driver was in. When the officer asked the driver if he had marijuana in the vehicle, the driver told him it was in the back seat. The officer asked how much marijuana he had since the smell was very strong. The driver then told him he was a caregiver, delivering medical marijuana to a patient. The officer then told him he had too much marijuana and was over his usable amount for one patient. The officer also told the driver his story about where he was going did not make sense due to where he was going and where he was at the time. The officer issued the driver an appearance ticket for alleged illegal transport of medical marijuana. — T.T.
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http://www.mlive.com/news/jackson/index.ssf/2016/10/msp_two_arrested_while_imprope.html

Jackson County, Hanover Township: Troopers conducted a traffic stop on a vehicle. Upon contact with the driver, a 45-year-old male, it was determined that he was operating with the presence of drugs as well as improperly transporting medical marijuana. A 36-year-old Jackson man who was a passenger in the vehicle was also improperly transporting medical marijuana. Both individuals were arrested and lodged at the Jackson County Jail.

 

A Jackson man was cited for the improper transportation of medical marijuana in the city of Jackson.

 

http://www.mlive.com/news/jackson/index.ssf/2016/10/msp_troopers_arrest_man_with_w_3.html

One motorist was cited for the improper transportation of medical marijuana and one driver was cited for possessing marijuana in Jackson County.

 

http://www.mlive.com/news/jackson/index.ssf/2016/10/msp_man_arrested_for_improper.html

Improper Transportation of Medical Marijuana:
 
Hillsdale County, City of Jonesville: Troopers performed a traffic stop on a vehicle for a registration plate violation. Further investigation revealed the driver, a Hillsdale man, was improperly transporting medical marijuana. He was arrested on the offense and lodged at the Hillsdale County Jail.
 
In exchange for his plea, the prosecution agreed to dismiss a count of improper transportation of medical marijuana, a 93-day misdemeanor. 
 
 North Dublin Avenue, improper transportation of medical marijuana on May 20, $450 fines and costs (MC).
 
Two motorists were cited for the improper transportation of medical marijuana, and one motorist was cited for the possession of suspected marijuana in Jackson County.
 
North Homer Road, improper transportation of medical marijuana and DWLS on April 24; 10 days in jail with credit for one day to be served on weekends, $400 fines and costs (MC).
 
Howell, was sentenced to two days already served in the county jail and two years of probation for possession of a non-narcotic, operating a vehicle under the influence with an occupant less than age 16 and improper transportation of medical marijuana. He also was ordered to serve 30 days of community service.
 
 Brown City. Attempted improper transportation of medical marijuana. 6 months probation. Fines and costs $515.
 
improper transportation of medical marijuana on Sept. 23, $775 fines and costs (MC).
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http://www.oceanacountypress.com/2016/10/01/78th-district-court-arraignments-include-car-theft-fleeing-police/

Rothbury Police Department; improper transport of medical marijuana. Pretrial: Oct. 11 at 9:45 a.m. Bail: $2,500/cash/surety/10 percent.

 

http://www.masoncountypress.com/2016/09/30/shoplifting-domestic-violence-among-recent-arraignments/

Carp Lake, Michigan; September 22; MCSO; improper transport of medical marijuana.  Pretrial:  October 10 at 2:45 p.m.  Bail:  $2,500 personal.

 

http://www.hillsdalecountysheriff.com/images/newsupload/NR09-14-16.pdf

Arrested for Improper Transport of Medical Marijuana and No Operators License. A $3000 Bond with 10% allowed
was posted.
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  • 2 weeks later...

http://www.masoncountypress.com/2016/11/11/safe-breaking-tops-79th-district-court-arraignments/

 

Nov. 4; Ludington Police Department (LPD); possession of marijuana and improper transport of medical marijuana. Pretrial: Nov. 14 at 1:30 p.m. Bail: $2,500/10 percent.

 

http://www.masoncountypress.com/2016/11/11/79th-district-court-sentencings-85/

 

Muskegon, pleaded guilty Nov. 1 to improper transport of medical marijuana and was sentenced to 93 days discretionary jail for one year; must not possess marijuana without valid prescription; must attend marijuana counseling; and $665 in fines and costs. A charge of possession of a controlled substance was dismissed by the prosecutor with prejudice.

 

http://www.oceanacountypress.com/2016/11/11/78th-district-court-arraignments-44/

 

Montague; MSP; improper transport of medical marijuana. Pretrial was Nov. 8. Bail: $2,500/personal.

 

http://www.ourmidland.com/news/police_and_courts/article/Crime-log-11-1-10427276.php

 

9:44 p.m. — A Marion man, was arrested on a warrant after a traffic stop for defective equipment in Warren Township. Deputies are requesting charges for improper transport of medical marijuana.

 

http://www.livingstondaily.com/story/news/crime/2016/11/01/circuit-court-docket-oct21/92693490/

Eastpointe, pleaded guilty to possessing less than 25 grams of a controlled substance and improper transport of medical marijuana. Sentencing is Dec. 1.

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http://sanilaccountynews.mihomepaper.com/news/2016-06-01/Court_News/District_Court.html

Yale. Medical marijuana-Improper transport. 6 months probation. Fines and costs $515.
 
GRAND BLANC TWP. — On Oct. 14 at 9 a.m., an officer on patrol on southbound I-75 noted a 26-year-old Detroit male traveling 82 in a 70 mph zone. The driver smelled of marijuana and produced a valid medical marijuana card and stated he was speeding to get to court in Detroit. He was unable to produce a driver’s license and was driving a rental car which was impounded. He had 8.95 grams of suspected marijuana in the glove-box which is an illegal transportation under current statutes. He was lodged in the Flint City Jail. — P.S.
 
got card, but no drivers license = not immune from arrest ^^^^. crazy.
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check out the www.hougthonlakeresorter.com Im not sure if you can get the court news, but most all ilegal transports are arrested by home town security mi state police division, they are profiling on I-75 in roscomon, crawford and otsego county's!

 

every single ilegal transport is from home town security, and most are legal pt's not carrying it in the box/trunk or back of vehicle, and they have more than they are supposed to,,,,,,,

 

I know this can happen to all of us, but why would some one not just follow the transport rules and dont attract attn!

 

I dont drive any where with any mj in my pocket or in reach in my suv, I make sure my lites are always working and I use my cruise control! 

 

A real good way to get pulled over up here is cruising along the free way your driving the speed limit, but when you see the cop you hit the breaks!  That is supsicious, If I was a cop and you hit your breaks while doing the speed limit, Im gonna tail ya, your gonna get nervious and im gonna pull your assssss over!  Dont be stupid when you drive, follow all of the traffic laws dont attract attn to your self, my ole lady hits the skids every fricking time she see's a cop, it pisssses me off every time also!  I dont let her drive me any more lol!

 

Peace 

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http://sanilaccountynews.mihomepaper.com/news/2016-06-01/Court_News/District_Court.html

Yale. Medical marijuana-Improper transport. 6 months probation. Fines and costs $515.
 
GRAND BLANC TWP. — On Oct. 14 at 9 a.m., an officer on patrol on southbound I-75 noted a 26-year-old Detroit male traveling 82 in a 70 mph zone. The driver smelled of marijuana and produced a valid medical marijuana card and stated he was speeding to get to court in Detroit. He was unable to produce a driver’s license and was driving a rental car which was impounded. He had 8.95 grams of suspected marijuana in the glove-box which is an illegal transportation under current statutes. He was lodged in the Flint City Jail. — P.S.
 
got card, but no drivers license = not immune from arrest ^^^^. crazy.

 

 

stupidity!

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  • 3 weeks later...
  • 3 weeks later...

the improper transport 750.474 was just ruled does not apply to patients by the COA.

 

http://michiganmedicalmarijuana.org/topic/51313-122116-coa-rules-improper-transport-law-is-unconstitutional-and-null-and-void/

 

 

however there is a new law, within the MMMA, that criminalizes transporting a "marihuana-infused product"

 

http://www.legislature.mi.gov/(S(ry2v2bu2bpij5l1noqznpbiz))/printDocument.aspx?objectName=mcl-Initiated-Law-1-of-2008&version=txt

 

 

specifically, 4b

 

http://legislature.mi.gov/doc.aspx?mcl-333-26424b-added

 

(1) Except as provided in subsections (2) to (4), a qualifying patient or primary caregiver shall not transport or possess a marihuana-infused product in or upon a motor vehicle.

 

(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

(3) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is accompanied by an accurate marihuana transportation manifest and enclosed in a case carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is enclosed in a case and carried so as not to be readily accessible from the interior of the vehicle. The manifest form must state the weight of each marihuana-infused product in ounces, name and address of the manufacturer, date of manufacture, destination name and address, date and time of departure, estimated date and time of arrival, and, if applicable, name and address of the person from whom the product was received and date of receipt.

 

 

f) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.

 

 

the mmma law does not define label nor manifest.

Edited by bax
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