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

[t-pain]

http://oaklandcounty115.com/2014/07/11/indecent-exposure-obscene-graffiti-and-stolen-leaf-blower-among-crimes-in-royal-oak/

(Royal Oak Police, July 11, 2014)

The following arrests were made during the period:

One (1) Driving While License Suspended, Improper Transport of Marijuana

 

 

http://shylerlaw.com/illegal-transportation-of-marijuana-charge-dismissed/

Illegal Transportation of Marijuana Charge Dismissed
July 11, 2014 Drug Transportation, Illegal Transportation of Marijuana, Medical Marijuana

A Shyler Engel, PLLC medical marijuana client was looking forward to a relaxing weekend up north, however he was stopped by a Michigan State Police officer on I-75. Eventually our client was charged with violation of MCL 750.747, a misdemeanor carrying maximum penalty of 93 days in jail and a fine up to $500. Shyler Engel appeared and the prosecutor offered to dismiss the charge if the client plead responsible to “Impeding Traffic,” a zero point, nonabstractable (no record) civil infraction. $120 later, the client walked out of the courthouse with a clean record, no probation, and no testing.

 

 

http://shylerlaw.com/illegal-transportation-of-marijuana-dismissed/

Illegal Transportation of Marijuana (MCL 750.474) Dismissed
June 19, 2014 Drug Transportation, Illegal Transportation of Marijuana, Medical Marijuana, Possession of Marijuana, Traffic Ticket

A Shyler Engel, PLLC client was charged with Illegal Transportation of Marijuana after he was caught driving with marijuana in the front seat of his truck. According to the officer’s report the client was able to retrieve the marijuana in under 5 seconds. In a pre-trial conference discussion, the judge suggested that his sentence to any criminal conviction would be for 18 months of probation with frequent tests for marijuana, and he would send the client to jail if he tested positive for marijuana while on probation. After 9 months of litigation and two motions, the prosecutor finally agreed to voluntarily dismiss the charge if the client would plead responsible to a civil infraction traffic ticket. A $200 traffic ticket later, the client has no criminal conviction, retains his ability to use marijuana, and has no probation.

 

http://www.shorelinemedia.net/ludington_daily_news/news/local/article_a9efadc4-f564-11e3-8c8d-0019bb2963f4.html?mode=jqm

06/15 @ 2:10 AM Illegal transportation of medical marijuana, US10 & Meyers (Pere Marquette Township), warrant being requested for a 28 year-old Grand Haven man following a traffic stop by MCSO

[phaquetoo]

Yes, we have done that successfully. It is rare, and subject to conditions. Each case is different.

wouldnt that be an appeal? and isnt there a certain amount of time you have to appeal?

 

Peace

[imiubu]

...

Edited May 24, 2015 by imiubu

[flower pharm]

being as though LARA does lic. for all sorts of things, I doubt they cant see some notation when running your ID. if a plumming inspector can check on the status of my lic, than id be willing to bet LEO can too, might not say mmmp but seems like a P or a C in front of your reg, number would be a good indication.reading btwn the lines so to speak.

[Restorium2]

LEIN example;

http://cannabispatientsunited.org/documents/lein

[t-pain]

washtenaw county court

http://web.archive.org/web/20140709230843/http://washtenawtrialcourt.org/calendar/DAO

plead to one, drop others? no.

they started out with 3 charges, now i see she was sentenced with 4 charges.

i've seen other cases where they charge edibles as 'analogues' , theres some posts here in the forums of people who have gotten charged with similar charges.

 

Count:

001 CONT. SUB-POSSESS/ANALOGUES
002 MEDICAL MARIHUANA - IMPROPER TRANS IN VEHICLE
003 LIC. SUS. ETC/LET SUS PER. OP-2ND OR SUB
004 CONTROLLED SUBSTANCE - USE

Edited July 19, 2014 by t-pain

[t-pain]

well, the info on the analogue charges was in these threads before it was edited out:

http://michiganmedicalmarijuana.org/topic/45648-arrested-for-cannabis-truffles/

http://michiganmedicalmarijuana.org/topic/45718-marijuana-analogue/

 

at any rate, they charged that person in washtenaw county court with improper transport, so it goes on my list.

 

of course i agree with you, and have done the research in those two threads. the controlled substance analog law and bench book are very clear that they do not apply to marijuana-only cases. but you've seen dumb prosecutors throw any law they think will stick...

Edited July 19, 2014 by t-pain

[t-pain]

http://www.oceanacountypress.com/2014/07/03/arraignments-7/

Muskegon, was arrested June 15 by OCSO for a misdemeanor of improper transportation of medical marijuana. A pretrial is set for July 22 at 3:15 p.m. Bail: $2,500/cash/surety/10 percent cash.

 

http://www.dailypress.net/page/content.detail/id/548673/District-Court.html?nav=5155

cached version http://webcache.googleusercontent.com/search?q=cache:phIPeaY6uvEJ:www.dailypress.net/page/content.detail/id/548673/District-Court.html%3Fnav%3D5155+&cd=2&hl=en&ct=clnk&gl=us

Carney, pleaded no contest to improper transportation of medical marijuana in a vehicle; $325 fines and costs.

[cheapshades]

well, the info on the analogue charges was in these threads before it was edited out:

http://michiganmedicalmarijuana.org/topic/45648-arrested-for-cannabis-truffles/

http://michiganmedicalmarijuana.org/topic/45718-marijuana-analogue/

 

 

 

The edited posts from the first link are currently available via http://web.archive.org/

 

I'll PM the results.

Edited July 27, 2014 by cheapshades

[t-pain]

thanks but i'm guessing they were removed because its not wise to talk about a criminal case in public...

[cheapshades]

yes.  that's why it was a pm, purely for historical research.

[t-pain]

https://www.facebook.com/hillsdalecommunitynews/posts/783174388393655

Hillsdale County Sheriff’s Department

Jackson, MI. Arrested for improper transportation of medical marijuana. A $1,000 bond with 10% allowed was posted.

 

http://www.miningjournal.net/page/content.detail/id/602323/Courts.html?nav=5201

MARQUETTE DISTRICT COURT

Gwinn - May 15, medical marijuana improper transportation in vehicle: six hours community service, six months probation, $665 pay or jail.

[trichcycler]

if non carded wife is driving my carded self with a bud in my pocket, who gets the improper transport ticket(s)?

[t-pain]

http://oaklandcounty115.com/2014/09/05/donut-shop-break-in-and-more-in-royal-oak-police-report/

Royal Oak Police Department Weekly Update

For the week of August 28, 2014 through September 4, 2014

 

The following arrests were made during the period:

One (1) Disorderly Conduct, Improper Transport of Medical Marijuana

 

i wonder if anyone has studied the arrests and guilty pleas and conviction rates to see if disorderly conduct or resisting arrest has been used to ensure guilty pleas on otherwise dismissable crimes?

Edited September 8, 2014 by t-pain

[SCIUP]

I was just arrested in Menominee county the other day. Actually arrested, handcuffed brought 45 minutes to jail just to get a 500 dollar bail out right away. I had my meds underneath the passenger seat out of my reach while driving. I know I need a lock box as far back in the car as possible. They say up to 93 days in jail. There's no way they can make me serve time for this horseshit right?

[trichcycler]

Yes, hey can make you serve time for any reason they see fit. Many innocent people sit in jail.

become familiar with the laws. Know that a "locked box" is not mentioned in our law, only a "case" in the trunk, not "as far back as possible". Other given directions apply to auto's without trunks. The meds were within your reach, so that's a moot point I think. Hire an attorney who will accept the bulk of what you can afford to defend you, and walk free. If it wasn't for that other drug offense on your record(?), you could consider a 7411 to stay out of jail.

 

please tell us the circumstances which led to you keeping the meds in your car instead of your trunk? I am sorry this happened to you, hold on tight, courts can be scary. I think a lawyer could win this without many court appearances.

[cristinew]

six months probation, $665 pay or jail. i thought the fine was 500?,, Someone in our area got the transport ticket and a possession , cop said card was no good because of the transport,, double jeopardy   

[trichcycler]

Ouch! b'tards

[SCIUP]

I have zero priors. My vehicle has not trunk and the whole car was filled to the brim because we had just mad a trip to walmart. A big thing of Walter bottles was squishing my medicine so I moved it up front underneath passenger seat.is it not a good idea to just use public defender? I don't mind paying if it will for sure keep me out of jail. You know it's upsetting seeing many other people just getting tickets for such an offense howver this guys had to treat me like a full scale criminal. Any helps appreciated. Thank you everybody

[trichcycler]

wow, that cop's definitely not enforcing any law I vote for!   stick around someone here has good legal advice soon I hope. I don't think you have to worry about jail, and I hope you get this dismissed somehow.

[SCIUP]

My court date is on October 8th anyone that has a good knowledge of the law or personal experience please share. We shouldn't be treated as criminals for transporting our medicine. Interested in lawyer recommendations also

Thank you all

 

I'm new new to mmj so I just want to stay safe and on the right side of the law

[t-pain]

My court date is on October 8th anyone that has a good knowledge of the law or personal experience please share. We shouldn't be treated as criminals for transporting our medicine. Interested in lawyer recommendations also

fight the hell out of it!

 

MCL 750.474 is inconsistent with our law. just print off 750.474 and the MMMA and ask the judge to find where "trunk" or "case" is in the MMMA. as it says in MCL 333.24623:

 

(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

then MCL 333.24624:

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege ... for the medical use of marihuana in accordance with this act

 

then later on in MCL 333.24627

 

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

the prosecutor will offer all kinds of pleas. like a possession charge (how can you have a poss. charge when you have a card? lol). so dont plea. when trial day comes he will drop all charges. dont give up. you are following the MMMA law.

[Wild Bill]

If he doesn't drop the charges you can always try the Court of Appeals.

 

(Sorry, that was cruel. I apologize.)

[t-pain]

http://www.oceanacountypress.com/2014/08/29/78th-district-court-sentencings-2/

Muskegon, was found guilty of improper transport of medical marijuana. She was sentenced to 93 days discretionary jail and $400 in fines and costs.

 

looks like i missed these:

http://www.themorningsun.com/general-news/20140610/sentencings

Grand Rapids, improper transport of medical marijuana, $550 fine and costs, two days in jail.

 

http://sanilaccountynews.mihomepaper.com/news/2014-06-04/Court_News/District_Court.html

Lexington. Attempted improper transport medical marijuana. 6 months probation. $515 fines & costs.

 

http://sanilaccountynews.viewnewspapers.net/news/2014-05-21/Court_News/District_Court.html

Minden City. Improper transport medical marijuana. 6 months probation. $515 fines & costs.

 

http://sanilaccountynews.mihomepaper.com/news/2014-05-28/Court_News/District_Court.html

Burtchville. Improper transport of medical marijuana. 6 months probation. $515 fines & costs.

Applegate. Driving while license suspended 2nd offense, improper transport of medical marijuana. 270 days in jail, credit for time served. $175 fines & costs.

 

http://www.heraldpalladium.com/news/local/berrien-county-trial-court/article_1ee4829f-2b1c-5e12-9a4f-21bdcc4c1c6e.html

Benton Harbor, three days in jail for improper transport of marijuana in a vehicle.

 

http://www.houghtonlakeresorter.com/news/2014-05-01/Court_News/82nd_District_Court.html

Berkley, illegal transport of medical marijuana: $335 in fines, costs or restitution.

Iron Mountain, illegal transport of medical marijuana: $335 in fines, costs or restitution.

 

http://www.houghtonlakeresorter.com/news/2014-03-27/Court_News/82nd_District_Court.html

Pinconning, illegal transport of medical marijuana: $485 in fines, costs or restitution.

Harrison Township, illegal transport of medical marijuana: $335 in fines, costs or restitution.

Ypsilanti, illegal transport of medical marijuana: $335 in fines, costs or restitution.

 

more? more!

 

http://abc10up.com/gladstone-man-will-serve-time-for-lying-to-peace-officer/

was sentenced to two days in jail each for improper transportation of marijuana in a vehicle and possession of a firearm under the influence.

 

http://www.morningstarpublishing.com/articles/2014/08/19/leader_and_kalkaskian/news/doc53ec555513809395594694.txt?viewmode=fullstory

South Boardman, was ordered to pay $995 in fines and/or costs with 93 days in jail/prison time, 180 days probation and 93 days credit for controlled substance – possession of marijuana – and transport/possession of useable of marijuana, and license suspended/revoked – allowing suspended person to operate.

Williamsburg, was ordered to pay $830 in fines and/or costs with 180 days probation for transport/possession of usable marijuana.

Holton, was ordered to pay $480 in fines and/or costs and 180 days probation for transport/possession of usable marijuana.

 

http://www.morningstarpublishing.com/articles/2014/06/11/leader_and_kalkaskian/news/doc53990e7221b95899670349.txt?viewmode=fullstory

Mancelona, was ordered to pay $750 in fines and/or costs for controlled substance - possession of marijuana - possession and transport of usable marijuana.

Lewiston, was ordered to pay $450 in fines and/or costs for transport/possession of useable marijuana.

Williamsburg, was ordered to pay $450 in fines and/or costs for transport/possession of useable marijuana.

Edited September 28, 2014 by t-pain

[trichcycler]

only illegally transport unusable marijuana ?