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Morons wrote it and passed it at 4:20 a.m. in the morning. I guess that's what we get. The stupid part is they wrote it for the sole purpose to clearly state you needed a top, but they didn't write 'TOP'.

I think they just wanted to keep the $$$ flowing inn it's only a three  letter word and are the ones we have to look at

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Ken Stecker of PAAM trains the police that a top is not prescribed by the law. I.e. if a grow space has four walls, a roof, and is affixed to the ground, is it actually outdoors? No. The thing that makes it "marihuana plants grown outdoors" (per section 3(d)) is not having a top.

Will that hold up in court?
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I just got back from my time with Dan Grow. He suggested that I could have the case thrown out before it reaches court. If this is so, that's a good thing for me. But all the manufactured product and my 56 plants will not be redeemed. How is this fair? They are in the wrong and I'm still punished. How about I get compensation for this hardship? My name under scrutiny, job possibly taken away, and slander causing negative. Do I have any rights as an American citizen or better yet Michigan resident? The law needs to be adjusted! Make it clear and conclusive for caregivers.Keep me in your thoughts as I deal with this whole outcome.

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well you're in a fight.

 

dan grow knows this.

 

he can fight for your plants and meds back. its in the MMMA that nothing shall be seized.

the problem is that judges dont like the law and are messing around with patients.

the prosecutor likes to fight too. so it will cost you time and money to fight. and maybe the prosecutor wont drop the charges and force a trial or sec4 / sec8 dismissal motions from the lawyer. which will cost time and money.

 

you're feeling hurt. its natural.

you've just learned how bad our justice system is. its been corrupted by the war on drugs.

you've learned how fragile your legality is and how any penis cop can ruin your year.

 

its up to you how to proceed.

you can whine and complain and moan on the internet.

you can fight to the supreme court, possibly taking 5+ years in court.

or you can take your licks and move on.

 

good luck.

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I just got back from my time with Dan Grow. He suggested that I could have the case thrown out before it reaches court. If this is so, that's a good thing for me. But all the manufactured product and my 56 plants will not be redeemed. How is this fair? They are in the wrong and I'm still punished. How about I get compensation for this hardship? My name under scrutiny, job possibly taken away, and slander causing negative. Do I have any rights as an American citizen or better yet Michigan resident? The law needs to be adjusted! Make it clear and conclusive for caregivers.Keep me in your thoughts as I deal with this whole outcome.

 

I was also raided by chopper in 2012, they stole my stuff as well.  My case was dismissed as I was adamant about not taking a plea, I didn't do anything wrong and was well within the parameters of Initiated Law 1 of 2008.  We are just out of luck as far as our losses go, it would require a ton of money for a lawyer to even think about going after the state if even then. 

 

You are correct, it is not fair.  Good luck to you and stick to your guns, I believe that you will prevail in a Section 8 Defense as long as you have the three prongs covered.

 

http://www.legislature.mi.gov/%28S%28ik5ge3mv4ho2f5ajcmj05k45%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26428

 

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.

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They never entered my home but they didn't need a warrant because the helicopter saw the set up. That allows them without a warrant, consent to search.

. I had 32 indoor plants locked with a coded deadbolt lock inside a barn style garage ? did you let them into the barn ?

 

Thanks again for the update 

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Here is the situation with the barn. When I heard the helicopter from my house it made me panic. It scared me because I knew what was going to peruse. So I went out to the barn to get my stuff in order. Move stuff around. Just check stuff. My father in law just happened to be at the house as they swarmed from every angle. He works as a Chaplin for hospice and needed to grab something he left at the house. He then came to get me because he was very worried. He proceeded to the barn. He opened the door because apparently in all the panic, I didn't shut it completely. He opened it and yelled to me. The police officer then followed him and saw that I was uptop through the opening.

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The police officer then used that against me saying someone that was not a patient or authorized to enter the barn had access. Meaning the forfeit of everything inside. Including the 32 plants and 4ish ounces processed.

Sounds like the Agro case. Didn't lock the grow room up because of the panic during the raid. They are still using that 'trick'.
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The police officers went back and forth stating different things. But the violation of the outdoor, not having a top,was the reason they told me all my rights were forfeited. The penalty- everything taking.

So we reportedly have cops being trained that we don't need a top, but they still use 'not having a top' to trick you into panicing and forgetting to lock the door. Seems like a reasonable judge would see your side of this.
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Another thing. Not only did they take everything that I had from a legal operation but the fear now I face even at my own residence, and everyone in my small town knows. No one knew but EVERYONE knows now. How do I restart? If I do there is the fear of being raided again. They compiled every bit of information they could about my operation even stating plants in certain locations.

I have two beautiful girls and a wife that thankfully weren't here to witness it. But now is it even worth it? I can't risk my family being involved. For all I know CPS could taken them if they would have been home.

Edited by SirLongSmoke
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Talk to Dan about suing the department.  Very difficult to do though (read expensive).

Thanks Doc

 

I have heard of people suing in the State of Cal and at that time some where wining but it was up the the judge to decide on how much $$$ they would get so the Judge would give one dollar because he would say the city was broke

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sirlongsmoke:  sorry to hear about you becoming the poster boy; but whether topless under the protection letter of the law (parsed or unparsed) or the spirit of the law, after you're been raided and your plants taken it becomes clear that to avoid outdoor regrets; shittt, i shud have had a top.  think i'll have a top next year.  i'd still have my plants and i wouldn't have a 10-20k legal bill and be plantless besides.  

 

seems an effective top could simply be any shade cloth that screens the crop from choppers.  (no see em no come get em).

 

thanks for posting your woes, it makes the top-no-top silliness disturbingly concrete, like if you don't have a top a trillion ton behemoth drops out of the sky and cleans you out.  i coulda had a v-8 and a top and i could have a smoke from my stash right now with that v-8.

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