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Medical Marijuana Card Protects You From Prosecution, Not "discovery"


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I had my Sec8 today, we never even went in the court room... Our lawyer came back, said my wife can take a plea to Use of mmj, and I was offered possession... So I asked why are the deals going around still??? We're here for a sec8, he then continued to say there was a sec8 at district court and the judge refused prong one, the judge supposedly said to the guy if he didn't have the dr for at least 2 years, and was not from the area, and hasn't tried all narcotics and opiates first, then he won't dismiss his case, he didn't meet the requirements of a bona-fide relation ship... I told our lawyer that the judge is full of chit, but our lawyer said they can do anything they want to since the Supreme Court left it open to interpretation...... Now we are supposed to have jury trial tomorrow, we're so exhausted, and feel like time is no longer on our side, if we refuse the offers then "they will be off the table" I guess we have till tomorrow at 9am to make a decision, I feel we're being railroaded here, since day1 of trial is tomorrow...

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MiMedical I don't get it. Are you in circuit court and they are saying since a section 8 defense failed in district court that they won't entertain it in circuit? That isn't right. Make a motion in circuit court on the record and if it is denied ask the court to stay the trial so the decision can be appealed.

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did your lawyer file motion to seal the court records so your mmj status wasnt plastered all over the public ?

 

this is also why i suggest that other move to say the PHC laws are inconsistent , in line with people v koon :)

because the supreme court has to waste a bunch of time with tuttle and hartwick now because of idiot coa rulings.

 

so the judge just shat all over the MMMA sec8 huh? i bet he will give you lots of probation if you plea deal. and i bet he wont let you use mmj while on probation.

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It was bound straight over to circuit court for section8, for today, we never seen the judge as our lawyer said the PA will probably drop it. But instead he comes back and offers us plea deals again.. It has been adjourned about four times now, today should have been a slam dunk, but we got screwed again.

Can you use the medical defense in your trial? Do you feel that a jury will understand the case and be sympathetic? If so go for it. I suspect that the prosecutor is trying to squeeze a win out before he loses in court. If the trial starts tomorrow that means they already have a jury? I'm surprised.

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Yes, the jury will be sympathetic for sure, and yes our lawyer said we can use the mmj defense at trial if we don't meet one or more of the prongs in sec8, but we meet them, I can't believe we didn't have our day in court today, we're pretty numbed and exhausted for sure.. Didn't mean to jack your thread Rory, sorry buddy! Figure you wouldn't mind since we have been in touch for awhile now.

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