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Felony Possession W Cards Covering Sec 4 Amount


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Anyone know a case I can cite

1. Case that explains weather section 4 protections cover a caregiver for possession charges after a cg sells to a pt not registered (or similar).

 

Caregiver sold MM. Lawyers say the sale negates immunity for possession.

I haven't seen ANY cases that a patient looses right to possess an amount within their section 4 rights for technical violations of sect 4.

 

2. Case that says a technical violation of sect 4 allows a sect 8 hearing would be nice. (that's what everyone wants but LEO) 

 

 

I have homework to do for a millionaire lawyer that is complaining about photocopy costs. I need case sites not advice or debate

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Anyone know a case I can cite

1. Case that explains weather section 4 protections cover a caregiver for possession charges after a cg sells to a pt not registered (or similar).

like if you sold to bob, and they called it manf/delivery? sec4 does not protect against unregistered transfers.

but sec4 does protect posession , every case will say that.

 

did you plead down to a posession charge ?

 

 

Lawyers say the sale negates immunity for possession.

so if you had 2 oz and sold 1 oz to bob. would you still have sec4 protection for your 1 oz?

i mean i'd say sec4 protects, but the courts... you know the courts can twist it around.

you'd have to talk to komorn or other mmj lawyer who is familiar with getting one charge out of 2 charges dropped with sec4.

i'd say it depends on the court, prosecutor, evidence, etc.

 

I haven't seen ANY cases that a patient looses right to possess an amount within their section 4 rights for technical violations of sect 4.

its in the bottom of people v mcqueen

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/143824%20Opinion.pdf

 

(2) To be eligible for immunity under § 4 of the MMMA, MCL 333.26424, a

registered qualifying patient must be engaging in marijuana-related conduct for the

purpose of alleviating the patient’s owndebilitating medical condition or symptoms

associated with the debilitating medical condition.

(3) To be eligible for § 4 immunity, a registered primary caregiver must be

engaging in marijuana-related conduct for the purpose of alleviating the debilitating

medical condition, or symptomsassociated with the debilitating medical condition, of a

registered qualifying patient towhom the caregiver is connected through the registration

process of the Michigan Department of Community Health (MDCH).

(4) As a result, § 4 does not offer immunity to a registered qualifying patient who

transfers marijuana to another registered qualifying patient, nor does it offer immunity to

a registered primary caregiver who transfers marijuana to anyone other than a registered

qualifying patient to whom the caregiver is connected through the MDCH’s registration

process.

 

but like it says in people v kolanek and every single other mich supreme court ruling on mmj, as long as you had a dr rec before you got arrested, you get a sec8 hearing.

 

2. Case that says a technical violation of sect 4 allows a sect 8 hearing would be nice. (that's what everyone wants but LEO) 

 

 

I have homework to do for a millionaire lawyer that is complaining about photocopy costs. I need case sites not advice or debate

 

'photocopy costs' scares me, wonder if he is taking your case seriously.

 

 

anyway, heres the cite for sec8 hearing:

 

people v blysma was a technical violation of sec4, he had access to too many plants.

 

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/144120%20Opinion.pdf

 

Accordingly, pursuant to Kolanek, and contrary to the lower courts’ rulings, defendant

need not satisfy the possession limits contained in § 4(b) in order to satisfy the elements

of the § 8 affirmative defense.

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my attorney told me I had 0 Medical Marijuana protections because I transferred to a patient not registered to me 1 week after the kolenak rulng and my fiance was having cancer treatments out of state. My attorney told me if any Supreme Court decisions with my way they would handle it for me.

i have two felonies for manufacturing and deliver. but the one that really upsets me is the felony for marijuana possession when the discovery packet shows I had enough cards for amount. my appeals attorney never filed anything and told me he was on it for a year and a half after doing nothing

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 BUSTEDINCLINTONTWSP,

U STATE

my attorney told me I had 0 Medical Marijuana protections because I transferred to a patient not registered to me 1 week after the kolenak rulng and my fiance was having cancer treatments out of state. My attorney told me if any Supreme Court decisions with my way they would handle it for me. 

DO NOT GET This.....are they representing you or not? Did you pay them, have (and keep copy of) retainer agreement -- IF the latter is no, you do NOT have respresentation....GET SOME, PAY THEM!

 

i have two felonies for manufacturing and deliver. but the one that really upsets me is the felony for marijuana possession when the discovery packet shows I had enough cards for amount. my appeals attorney never filed anything and told me he was on it for a year and a half after doing nothing 

 

DISCOVERY PACKET- so some Atty. requested the pros. disclose everything? "My appeals atty." did nothing -- well complaint the the Atty. Grievance comm. and Mich Assigned Appellate Counsel Comm (MAACCS) too. The problem with court appointed attys. is they are not paid much...so they do not do much.....often tell people would you go put 10-20 hours into something if your not paid? Hell no. Attys. are no different (but if they Appellate Atty. was assigned the case, they MUST do a minimum work)...GET ON IT, press, push, write (but do not admit anything or discuss the facts of the case in the complaints...could be used...STICK TO THE FACTS ..for educational purposes only, contact your attorney for advice on your case and facts.

 

M

Edited by Murph
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This is the problem with the MMMA, patients are building the law on their backs and this is wrong.

Court appointed attorneys should be required to work. As Obama says "you didn't build that" the attorneys owe our community not the other way around. There are only about 10 lawyers that understand the law and they all want a small fortune.

This is why the MMMA will fail... out west NORMIL pays your lawyer to keep stuff like this from happening. How many lawyers have made BANK of this.

A group of 3 or 4 lawyers could work all this out in a hurry if they weren't sitting around waiting for cash rich dispensaries to pay astronomical fees... And why would they want to stop this? Lawyers are the only ones TRUELY benefiting from this law. Shame on anyone that thinks that a lawyer shouldn't represent a guy or two a year for free without lying thru their teeth.

INNOCENT UNTIL PROVEN GUILTY IS GONE FOREVER. I guess so is MY RIGHT TO HAVE A FREE LAWYER!

LEO and court people think about this. isn't the plan of screwing over the little guy and letting the disp owners mount 100k$ defenses gona back fire in your faces soon?

PS I am so sorry that my case needs 10 precious hours of work from a medical marijuana attorney, 2000$ is a months pay in this city for most..

That seems like a lot to copy and paste someone else's motion and send it. MMMA will fall because of greed in MICH and even the lawyers a desperate for a few bucks! Oh yeah and they want the money for a 3 to 5 year battle up front.... seriously... who is the f'in crook?

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PS as a caregiver I have definitely worked more than 10-20 hours FOR FREE TO HELP HUMANITY....

MARIJUANA FOR PROFIT IS ILLEGAL IN 49 STATES.....

Can ANY lawyer look someone in the eyes and tell them that theyeven understand the MMMA.

So by this theory every patient goes bankrupt to buy a lawyer a Mercedes benz. We are supposed to give our whole life to the movement as patients, but lawyers get to make CASH hand over first!

Why do lawyers think they are more important than patients? I know for a fact that most caregivers would work 10 hours for someone if it kept them from loosing their home, bus, car, freedom, liberty, felony record, credit, and family. But I guess that is just the difference in the attitude of EVIL CAREGIVERs.

Then the same judges that make 180k$ a year and then question weather or not a caregiver can run a non profit.... 30K$ for a case but we can't have more than 10K or we are money launderers.

THIS ACT WILL FAIL UNTILL A TEAM OF LAWYERS AGRESSIVELY ATTACKS A BUNCH OF CASES (non dispensary cases)

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It is a bad thing PEOPLE V BROWN we have no rights of innocent until guilty.

I made no attacks on Komorn he is doing good. I am glad you guys work for discounts or for free. 

 

As CA did this same BS normil helped.

Even Komorn would agree that people should not have to ruin their whole lives to assert a sect 4 or 8 defense.

Further, I have a felony for an amount I was carded for and allowed to possess, and sect 4 was completely fallowed by me at least up to Supreme Court Justice Cavanaugh's interpretation of the MMMA.

So it is ok I am a convict for fallowing section 4... and now there is no recourse....

WHY IS IT LAUGHABLE THAT A FEW ATTORNEYS GET TO GETHER AND START A NON PROFIT? (oh yeah dumb question)

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Next time, if there is a next time, get a sworn notarized statement from the prospective patient attesting to their patient status by way of a bona fide physician recommendation and to your appointment as their caregiver. I've explained in detail how this can be accomplished.

 

Under the circumstances things don't look good for you if I understand the facts correctly. If you sold to this individual without benefit of registry or without proof of a valid pt/cg relationship under sec. 8 I'm afraid you are going to have to take the hit. I hope you can find a way to soften it.

 

Sheesh.

Edited by GregS
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I guess I am all talk because you are putting words in my mouth. I never said what you say I did.

 

Believe me I have my hands full with my own case and fiancé's and sisters cancer right now. I have donated thousands of dollars and much of my time to the cause, you don't know me!

 

I have helped to elect city council men, I have spoke on the television, I have mentored countless growers, I have marched, I HAVE BURIED LOVED ONES, I've been to many court rooms, I have been in this game 30 years not 6 and have paid my dues, proceeds from marijuana sales have been donated to more than one family, I have supported many convicts in prison and their families on the outside, I have buried patients, watched dipshit lawyers come and go, watch dr's get deported.... and none of these actions pay 200$ an hour. I got a better idea, I'll come work on a lawyers house HOUR FOR HOUR or fix your car HOUR FOR HOUR quid pro quo rite.... oh wait lawyers are more important than people of coarse. 200$ an hour... rent for the ivory tower....

 

You have no idea how many cases I am involved in or how many people I work with. I have obviously hit a nerve... so this is something you have contemplated before.

 

I would happily donate MORE money to a lawyer, one that doesn't tell people false information... like wet is ok...

 

The only reason I brought up Cavanaugh was because it proves that believing that a caregiver to patient or patient to patient transfer could have been argued sect 4 prior to their ruling and that at least one supreme court justices AGREES WITH MY INTURPRETATION. After you told me to stay in section 4. and I was convicted pre Mcqueen.

 

You say it is silly to think that 3 lawyers can work this out for everyone..... Have we ever herd of the COA? ISN'T THAT EXACTLY WHAT IS HAPPENING?

 

maybe it is easier to navigate this law for the attorney giving unproven legal advice charging 200$ an hour and giggling than it is to interpret this law than a patient from a jail cell or hospital bed.

I probably wouldn't have a chip on my shoulder leaving the courtroom if I was the one that walked out the courtroom with a big fat check, talking about "better luck next time"

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i'm a simpleton i guess, who can't sort out your facts from your dogma.  Would help me if you stated just the facts.  Then i could put your arguments in a context, and understand the issues of law as they pertain to your case.  But right now, i'm simply confused.

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Is $200/hour a fair wage for someone paying $150,000+ in student loan debt who devoted 6-8 years in college to get there?

 

That's why you can't expect a lawyer to trade for services on an hour-for-hour basis.  You can get a free vocational education and become a mechanic as soon as you are out of high school.

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i'm a simpleton i guess, who can't sort out your facts from your dogma. Would help me if you stated just the facts. Then i could put your arguments in a context, and understand the issues of law as they pertain to your case. But right now, i'm simply confused.

 

Me too but that's how things go when you are stressed out to the max and typing on a keyboard

 

I admit I have not read every post because I am not on my computer but can fill the frustration I agree selling Canabas to anyone it can't won't work out too well

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Regardless, a lawyer with a staff and an office and huge expenses from driving all over the state only keeps a fraction of his hourly rate.

 

Who is your millionaire lawyer, busted, the guy who is so heartless for not representing you pro bono? Do you really think you are more deserving of pro bono representation than other patients and caregivers caught up in the system? I know people who have stories that are a real tragedy, real unfairness that must be confronted. They do not even have the capability of working to pay a lawyer like you do. The injustice in their case goes far beyond getting caught selling to an undercover.

 

Do you deserve to be first in line? Do you get to complain about your own problems while they are silent?

 

I have compassion for you, though. Nobody should be caught up in this system under criminal prosecution for marijuana. I personally believe that few if any restrictions are necessary, but I am in the minority still. Perhaps getting to the core of the issue is best. Hope that helps.

 

I do not have a like button on this tablet but I here you loud and clear I think he needed to vent

 

I've wanted too many times

 

We where lucky to have the MMMA on our side and many others and even then sometimes we felt alone

 

 

I support him not for what he may have done but for other reasons as I always do

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  Out west NORMIL pays your lawyer ?

 

Back in 2009 Matt A was one of our Lawyers he is as you may know is Michigan  NORMIL chapel  leader he has and still does case's  for Free he was the fist Lawyer to do Keith Campbell case

 

Keith was the first one that used the Law but he was raided 1 year and one day before Law 1 was passed Matt got it dismissed but the C.O.A sent him and us back to Court our case was heard the same day at the C.O.A Court room

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