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

[Rory Larkey]

My next preliminary hearing is on September 9th 2014
Letter came today

[+Malamute]

Hurry up and wait...

[MiMedical]

Hurry up and wait...

Is that what you did?

[MiMedical]

My next preliminary hearing is on September 9th 2014

Letter came today

9/9/14, do you want court support? Did you get ahold of THS in your area?

[t-pain]

Is that what you did?

 

"hurry up and wait" is what the court employees tell the prospective jurists when they show up for jury duty.

because its in by like 7:30 am and then you wait around until lunch after all the cases either plead guilty or get dismissed/settled. they say they can keep you until 4:30-5pm ish. just sitting there and waiting. for 8+ hours.

Edited August 14, 2014 by t-pain

[bobandtorey]

"hurry up and wait" is what the court employees tell the prospective jurists when they show up for jury duty.

because its in by like 7:30 am and then you wait around until lunch after all the cases either plead guilty or get dismissed/settled. they say they can keep you until 4:30-5pm ish. just sitting there and waiting. for 8+ hours.

  But just think of the $$ that you get in the mail    LOL 

[bobandtorey]

they sure fought bob and torey's sec8 tooth and nail.

Thanks and yes 1,500 days of it

[MiMedical]

"hurry up and wait" is what the court employees tell the prospective jurists when they show up for jury duty.

because its in by like 7:30 am and then you wait around until lunch after all the cases either plead guilty or get dismissed/settled. they say they can keep you until 4:30-5pm ish. just sitting there and waiting. for 8+ hours.

Thats insane...

[FranksHotPeppersAndMarijuana]

That is a waste of resources. I have appeared for jury duty 3 times in life and each time I knew within a couple of hours whether I needed to stay. Your situation is caused by a lack of good court administration. There is no reason why they can't require both sides to decide whether they need a jury within a couple of hours of appearing. From what I have seen they schedule all jury trials first thing in the morning. The parties know within a couple of hours whether they will need a jury.

 

The way they did it in your court is just a waste of resources as well as the potential jurors' time. A 16 year old could come up with a better system than what you experienced. That is dumb and that is where our tax dollars are going.

[Highlander]

  But just think of the $$ that you get in the mail    LOL 

 

yeeep.  Last time I got called as a prospective juror I had to take a vacation day from work.  We all sat on our hands for a few hours before being dismissed due to a plea bargain.  So imagine the cost of about 40 prospective jurors waiting around for the first half of the day only to be dismissed in the second.  40 people at, say $20 per hour for 8 hours....= $6400 per day in lost productivity.

[trichcycler]

Thanks and yes 1,500 days of it

what made you decide to throw in the towel with a plea bargain, after all that time and cash spent to avoid one?

[GregS]

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.

You have him right where you want him. He is begging you and has nothing.

[MiMedical]

You have him right where you want him. He is begging you and has nothing.

Think so? Roughly four months ago our lawyer asked for all the lab reports, there was one 3inch plant and 11 seeds in solo cups, as it could have been 6males or 6females or w/e it could have been.. Anyway the only thing we received was a lab report on less than a gram...

[Rory Larkey]

Here is my most recent updates I can offer you.
https://www.facebook.com/events/586684884787681/?ref_dashboard_filter=upcoming

 

Here is the motion to Suppress that will be brought to the Court on Friday October 31st 2014
http://inhale420.com/Motion-to-supress.pdf

 

And here is a copy of the court transcripts that took place September 9th 2014
http://inhale420.com/Transcripts-Preliminary-examination.pdf

 

[Wild Bill]

I like the part where they say the burned stalks and leaves are in clear violation of the act as they were not in an enclosed locked facility. Better keep those ashtrays locked up.

 

They denied the first four paragraphs of the motion to suppress but don't seem to mention paragraph five where they were charged with violating the fourth amendment. Gosh, I wonder why that is?

[t-pain]

i was going to say you were screwed rory, after reading the transcript.

but i think your lawyer didnt emphasize the part of the mmma law you needed to.

 

Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located.

 

 

because the stems and whatever in your burn put were obviously not being GROWN , i think you are ok with a sec4 dismiss. assuming your lawyer modifies the brief he wrote...

[ozzrokk]

Yes Rory your lawyer should be pushing that issue. The prosecution needs to be asked to show the evidence of the PLANTS that were in the burn pit. We already know there were NO PLANTS in the burn pit and we already know that they did not even collect or test the so called PLANTS that were in the burn pit. So when are they going to show this EVIDENCE?  It sounds like the whole search warrant is being upheld due to this evidence yet this is evidence they CANNOT produce or prove. So since they cannot produce PLANTS that were in the burn pit or anything that was in the burn pit for that matter then why would the search warrant hold up. They should also be asked to show the part of the MMMA that says anything other than the PLANTS need to be in and enclosed locked facility. Is it smart to have any material outside in the burn pit without burning it immediately? No. But Is it a violation of the act? NO

Edited October 28, 2014 by ozzrokk

[Rory Larkey]

i was going to say you were screwed rory, after reading the transcript.

but i think your lawyer didnt emphasize the part of the mmma law you needed to.

 

Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located.

 

 

because the stems and whatever in your burn put were obviously not being GROWN , i think you are ok with a sec4 dismiss. assuming your lawyer modifies the brief he wrote...

http://inhale420.com/Motion-to-supress.pdf

page 11 of my attorneys brief and motion to suppress on Friday October 31st 2014 speaks of just that.

Thanks

[t-pain]

yes but i think the brief as written fails to mention that a mmj patient is allowed to possess marijuana and make a detailed analysis between the statute you are charged with and the MMMA limitations.

 

what will happen is the idiot prosecutor will try to say that the leaves constitute a plant under the definition of marijuana in the public health code.

 

your brief quotes "plants being cultivated" instead of "plants being grown" , is where i think maybe needs a slight change. or i could be wrong. yes page 11 details most of this, i just hope the judge understands it.

 

at least it looks like you have a good lawyer. i have good hope that you will succeed in squashing the search warrant

Edited October 28, 2014 by t-pain

[GregS]

Think so? Roughly four months ago our lawyer asked for all the lab reports, there was one 3inch plant and 11 seeds in solo cups, as it could have been 6males or 6females or w/e it could have been.. Anyway the only thing we received was a lab report on less than a gram...

You hafta understand that I'm an optimist. Some say the glass is half empty. I say get a smaller glass.

 

Give the PA a little time and rope and he might very well hang himself.

Edited October 28, 2014 by GregS

[Rory Larkey]

Here is the latest and final update to the case.
It's over and done with now!!!!

http://inhale420.com//pdf-files.html

 

[Sledge]

Good News Rory!!

[t-pain]

getting out of court with a misdemeanor is better than a bunch of bunny muffin i guess.

probably $800 is cheaper than fighting it for 3 years as well.

 

another mm patient with a poss charge. :\

[Wild Bill]

The Police didn't show up to the motion to suppress hearing.

 

They must have had better things to do.

 

[Rory Larkey]

getting out of court with a misdemeanor is better than a bunch of bunny muffin i guess.

probably $800 is cheaper than fighting it for 3 years as well.

 

another mm patient with a poss charge. :\

 

It was use of marijuana not possesion