Marijuana Grower Pleads Guilty

[GregS]

Doesn't the Doctor need to testify if you are using a section 8 defense?  Maybe that's what the judge was talking about.  There aren't many details here.

 

 

The following is the full text of sec. 8. Do you see anything that requires an appearance by a physician? The documents are intended as the physician and paitent's sworn testimony that attests to a bona fide relationship as spelled out in the law. The Michigan Rules of Evidence (http://courts.mi.gov/Courts/MichiganSupremeCourt/CurrentCourtRules/2MichiganRulesOfEvidence.pdf-See rules 801-806 and Rules 901-903 specifically) indicate that signed, notarized documents and records kept in the course of regular business, to include medical, practice that attest to the elements of the law are admissible. These particular documents are intended to comply with the law, not to break it. Judges have authority to allow or disallow them at their whim, which can make things more difficult. I think it smart to have your registration backed up with them. Zap has said often that people are charged, in his professional experience, in court despite being sec. 4 compliant. When that happens all you have to rely on is sec. 8.

 

MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT)

Initiated Law 1 of 2008

333.26428 Defenses.

 

 

8. Affirmative Defense and Dismissal for Medical Marihuana.

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:

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

(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 for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

© If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

(2) forfeiture of any interest in or right to property.

 

History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 ;-- Am. 2012, Act 512, Eff. Apr. 1, 2013 

Compiler's Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.

© 2009 Legislative Council, State of Michigan

Edited July 29, 2014 by GregS

[FranksHotPeppersAndMarijuana]

Who is Zap?  Why would he have his client rely on section 8 if they are section 4 compliant?

[trichcycler]

I've had the same thing happen as well, I thought I was moderated, but it could be an internal error.

perplexing statement.

chit happens to me occasionally too.

[FranksHotPeppersAndMarijuana]

When I click the quote button to respond the posts the text isn't quoted on the reply box.  Anyone know why?

[trichcycler]

internal error. instead press the little box in the upper left hand corner, making your toolbar shade over, and then try quoting again. "Zap" was playin around with the controls I suspect

[GregS]

Who is Zap?  Why would he have his client rely on section 8 if they are section 4 compliant?

Zap-http://michiganmedicalmarijuana.org/user/4839-zapatosunidos/ 

 

He is the chief admin and works not as an attorney, but in some capacity as a paralegal or legal assistant if I am not mistaken. It is not one or the other sections of the law that are so much optional, although they kinda are, but rather that people have been prosecuted despite being registered with all their sec. 4 ducks in a row. In that case sec. 4 is no longer a defense option and sec. 8 becomes necessary. The long and short is that being prepared can keep you out of jail if something goes wrong. Fools in law enforcement and on the bench have axes to grind, are not always bright, and are not always bashful about it.

 

Yeah. He could have been playing with the knobs.

Edited July 29, 2014 by GregS

[pic book]

dr bob where do you get the federal dose as 9 grams per day?  I'm aware of fed patients receiving 8.3 ounces of cigs in the mail each month (including the weight of the rolling papers).

[pic book]

me too.  when I click the quote button it does not work.

[t-pain]

me too.  when I click the quote button it does not work.

 

works here

[t-pain]

dr bob where do you get the federal dose as 9 grams per day?  I'm aware of fed patients receiving 8.3 ounces of cigs in the mail each month (including the weight of the rolling papers).

 

8.3oz = 235grams / 31 days  = 7.5 grams per day.

 

different fed patients recieve different amounts iirc, where did you get 8.3 oz from ?

[trichcycler]

individual cig weight?

[trichcycler]

Here is a very thorough study of the different dosages, and why, of the cannabis Compassionate Investigational New Drug Program:

 

16. Chronic Cannabis Use in the Compassionate Investigational New Drug Program.pdf

Ok, that's just awesome man, thanks ! I'm gonna get back to reading the remainder......thanks again