Judge Says No To Medical Marijuana Defense For Former Corrections Officers

[t-pain]

http://www.mlive.com/news/grand-rapids/index.ssf/2015/02/judge_says_no_to_medical_marij.html

 

Kent County Circuit Court Judge Dennis Leiber rejected motions by the defense asking that the cases be dismissed because the officers were covered under the provisions of the voter-approved act.

 

But Leiber said that while the officers may have met some of the provisions of the act, they failed to provide proof that they had a right to the amount of marijuana they had which the Kent County Prosecutor's Office says exceeded the state's guidelines.

 

the article is mum on sec4 or sec8. so i dont know where it is, sounds like he denied them a sec8, so its appeal time.

[bobandtorey]

Yup nothing has changed inn most Counties and when it does get appealed we all know the out come coming for the COA 

 

They will never get it dismissed in any County but sure ant happening in Kent County 

[GregS]

I don't envy these guys, but this had to happen.

[bobandtorey]

"The very purpose of the MMMA was to protect patients like Todd Van Doorne and Michael Frederick," Block said following the judge's written opinion was produced on Jan. 29. "This ruling strips them of any medical marijuana defense at trial."

 

No kidding well am surprised

[bobandtorey]

I don't envy these guys, but this had to happen.

What had to happen ?

[pic book]

sec 8 being denied by a judge who said you have too much medicine and whattua mean section 8?  never heard of such a thing.  oook, judgie poo, based on what standard?  show me the research...wtf there ain't none? ain't none, ma dawg, cause feds forbid research since 1937. so if u have 1 gram judgie pooo, i think you have too much cannabis.

i am god cause i'm da judge and i get re-elected in this county every time i run and u r a criminal not any kind of a patient.  Bailiff, bring in the next criminal.

Edited February 2, 2015 by pic book

[AmishRnot4ganja]

The courts will do anything to keep one of these cases from going to a jury. Maybe the Supreme court will straighten them out?

[GregS]

The courts will do anything to keep one of these cases from going to a jury. Maybe the Supreme court will straighten them out?

I'm real cozy with that. It is the case we were looking for, speaking to the same issues we saw in Carruthers.

[trichcycler]

be interesting when/if the cannabis community comes together in support of these officers for this pickle.

[t-pain]

What had to happen ?

a rehearing in the appeals courts of "are concentrates/butter considered usable marihuana?" i'm guessing.

[trichcycler]

anyone aware of any other drug that is separated from it's other possible constituents before its weighed for prosecution ?

[GregS]

So these guys had an amount not more than reasonably necessary to ensure an uninterrupted supply. The judge is an embarrassment. These cases are more apt to get down to the short hairs of the law than Carruthers did.  They have much better legs in the media, and may well be informed by the rulings in Hartwick/Tuttle.

Edited February 2, 2015 by GregS

[bobandtorey]

anyone aware of any other drug that is separated from it's other possible constituents before its weighed for prosecution ?

None

 

They don't take the  Cut out of the Coke

[bobandtorey]

So these guys had an amount not more than reasonably necessary to ensure an uninterrupted supply. The judge is an embarrassment. These cases are more apt to get down to the short hairs of the law than Carruthers did.  They have much better legs in the media, and may well be informed by the rulings in Hartwick/Tuttle.

 

 

We all have heard the PGT shows when they talk about how the Law is now because of Hartwick and Tuttle  case but i do agree They do have it much better  in the media because they are Leo i wonder if they come to this site ?

[Norby]

None

 

They don't take the  Cut out of the Coke

Unfortunately they don't consider that this is mostly cut.  15.5+ oz. of 16 was cut and inactive ingredient, that's not normal with most drugs.

  Too bad judges and cops can't use reason, logic or sense.  Well they can't use it for the better of the victim(defendant).  Actually they can since he could have dismissed, but they generally don't.

[trichcycler]

maybe they could stop making up drug crimes and start enforcing the dangerous ones already on the books that plague cities all over.  Why do we have to be the test subjects for this Act, offered to us by the state?  NO MMMA ARRESTS until THEY figure out the details I say, with their own money.

[YesMichigan]

Why do we have to be the test subjects for this Act, offered to us by the state?  NO MMMA ARRESTS until THEY figure out the details I say, with their own money.

 

They hate this law, not a single one of them voted for it. Why would any of us think they would ever give the Citizens benefit of the doubt?

 

This law has cost them MILLIONS - we only talk about the times when the card doesn't work. Think of how many times it has been honored. These departments know exactly how much the MMMA has cost them. Just look at the Oakland County crime map and try to find a person arrested for drugs other than Marijuana possession in the last week.

 

We aren't "test subjects" we are guinea pigs that they didn't care about in the first place. We are impediments to their progress, new cars and new hires. Just like us, they are making the best of an imperfect system. The battering ram still gets used and the auctions continue to run. You know all this though - I think we all want to forget the evil desire to confiscate and imprison that defines the will of the Prohibitionist. It is real and persistent, when you wake in the morning they will still want to take your stuff and throw you in a cell.

 

In October 2013, the incarceration rate of the United States of America was the highest in the world, at 716 per 100,000 of the national population. While the United States represents about 5 percent of the world's population, it houses around 25 percent of the world's prisoners.

 

http://en.wikipedia.org/wiki/United_States_incarceration_rate

 

Land of the Free....

Edited February 3, 2015 by YesMichigan

[bobandtorey]

maybe they could stop making up drug crimes and start enforcing the dangerous ones already on the books that plague cities all over.  Why do we have to be the test subjects for this Act, offered to us by the state?  NO MMMA ARRESTS until THEY figure out the details I say, with their own money.

Yes we must pay and they get paid

[bobandtorey]

T this is the same judge that ruled against Tre beek

[t-pain]

T this is the same judge that ruled against Tre beek

hahhahaha, nice find bob. i keep forgetting wyoming is a suburb of grand rapids / kent county.

 

from ter beek v wyoming supreme court:

"The court, Dennis B. Leiber, J., granted summary disposition in favor of the city, agreeing that the CSA preempted the MMMA."

 

"Accordingly, we affirm the judgment of the Court of Appeals, reverse the circuit court’s grant of summary disposition in favor of the City, and remand for entry of summary disposition in favor of Ter Beek."

Edited February 3, 2015 by t-pain