Is The Smell Of Murijuana Probable Cause In Vehicle Under Mmma

[kingrambo]

Can mmma get dismissal with only using section 8

 

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:

[t-pain]

Can mmma get dismissal with only using section 8

 

yes.

 

you have to file a motion to dismiss under section 8.

theres a template you can use for this!

 

it is here:

http://www.michiganmedicalmarijuana.org/ccs_files/downloads/ModelMOTIONTODISMISS.pdf

 

you should ask a lawyer to help fill it out. and you should understand that many prosecutors and court of appeals are trying their hardest to deny you a sec8 dismissal. so you have to either wait for some case to make it to the supreme court or fight it yourself.

 

 

submit both a motions to dismiss under sec 4 and a motion to dismiss under sec 8 just to cover your butt.

if you want to read what a section 8 motion to dismiss looks like, there are templates and examples here:

 

some information for sec8 defense:

http://michiganmedicalmarijuana.org/ccs_files/downloads/EssentialsoftheAffirmativeDefense.pdf

 

examples of real peoples section8 motions:

http://www.capwayne.org/handouts/2009/2009_10_30_medical_mj_motion_TEMPLATE.pdf

http://media.mlive.com/news/baycity_impact/other/img20130515_18140411.pdf

http://www.onmedicalmarijuana.com/wp-content/uploads/2011/12/Motion-Brief-NOH-POS-to-Dismiss.pdf

 

probably wise to consult a lawyer who will help out. good luck. dont take a plea! dont plead guilty! you are innocent!

[kingrambo]

It works case dismissed

[mibrains]

AWESOME ! !

 

good job

 

i love hearing good results

 

thank you for the update

[Mickeydee]

illegal transport of marihuana is inconsistent with the MMMA and does not apply. smell was always probable cause before the MMMA. but after the cop sees you have MMMA card, it shouldnt be anymore...

Cannabis is still illegal in Michigan!  MMMA or not.

[kingrambo]

Haha no its not if you have a valid mmma card you legal

[trichcycler]

I thought it was illegal too. do you have a source that states the legality?

Haha no its not if you have a valid mmma card you legal

[kingrambo]

Only federally on the state level with a mmma card it's legit

[phaquetoo]

I thought it was illegal too. do you have a source that states the legality?

I have like 200 a yr for the last 5 or 6 yrs that says it is, and I have 3 charges dismissed that says it too!  wanna see, wanna see na na nah na na lmao!

 

Good Job Kingrambo!

 

Peace

[bobandtorey]

Only federally on the state level with a mmma card it's legit

Not sure if i can agree to this today some days i do but its better then it was before the Law in 2008 but i do think it's getting better 50/50 is still not what i voted for and if it is legit with a card their would be no need for Lawyers

[mibrains]

cannabis regulations have been repealed by implication..

 

it would be very difficult to say to someone that they are guilty of violating a schedule one law when engaging the medical use of cannabis in Michigan.

 

because cannabis cannot possibly meet the legal definition of a schedule 1 narcotic.

 

the MI supreme court said we have an established medical right to use cannabis to alleviate our medical condition (even tho it is a limited and narrowly defined right...it is a right)

 

that in it of itself has the necessary implications to render cannabis as "non compliant" to the schedule 1 narcotic definitions page..

 

"do not try to charge me in any way shape or form with cannabis as a schedule one narcotic... unless you are willing to unravel the entire system in the process" would have to be my answer...

[MiMedical]

From what I heard in the video, I don't think it was a lawfull command to exit the vehicle, when an officer is asking you too step out, I did hear a threat that the officer made though, breaking the glass and then assaulting him..

 

Oops, Thanks Cheapshades, I think this was the wrong thread lol... sorry folks,

Edited May 29, 2014 by MiMedical

[kingrambo]

Corrupt Cops caught on camera: http://youtube.com/watch?v=z0So7ZzDqFo

[phaquetoo]

Corrupt Cops caught on camera: http://youtube.com/watch?v=z0So7ZzDqFo

That realy dont mean anything until we see if the light is out or not! a cop can make everyone in the car show I.D and if they say they smell mj or alcohol they have probable cause, it didnt use to be that way for passengers, if you were a passenger in a car and the driver got pulled over they were not allowed to ask passengers for I.D, unfortunatly they changed something in that law and now can! Believe me My Pops always kept me up on the law, he also knew of places I was seen at, it was freaky but for my friends that would listen to me back than, they got their warning thru me, if they cleaned house they didnt get popped, if they didnt it wasnt long and they got popped, the narco squad used to tell my old man that they seen me in some of the places that were gonna get hit, yea I was purchasing something and told to stay away, I told people who I was doing biz with, but alot didnt listen and well you know the rest of the story!

 

I would totaly beleive that the cops in this vid would break one of his lites to make it a good pull over in their eyes, I would have done as much as he did, but I would have finaly got out with my keys and locked the doors, and let them get a warrant or I guess I would just pay for new windows when it was all said and done!

 

Peace

[oldirongut]

Hello Iam new here and just got carded, reading this legal talk has helped me understand how important following the law the best I can. Straying a bit from the topic but still on the subject of transport. I would like to know what the law would require me transporting MM in a SUV with NO trunk ?

[bobandtorey]

Hello Iam new here and just got carded, reading this legal talk has helped me understand how important following the law the best I can. Straying a bit from the topic but still on the subject of transport. I would like to know what the law would require me transporting MM in a SUV with NO trunk ?

 

 

I would use a locked Box and keep it as far away as you can 

[trichcycler]

Hello Iam new here and just got carded, reading this legal talk has helped me understand how important following the law the best I can. Straying a bit from the topic but still on the subject of transport. I would like to know what the law would require me transporting MM in a SUV with NO trunk ?

The laws are clear and available here http://www.michigan.gov/lara/0,4601,7-154-35299_63294_63303_51869---,00.html specifically speaking of vehicles without a trunk.

[oldirongut]

Thank You For Your Help