Advice Please! Card Holder

[t-pain]

yes, one min i will update this post.

 

here are two cases that explain what needs to be in the evidenciary hearing to be successfully immunized.

 

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/14-15-Term-Opinions/148444%20and%20148971%20Opinion.pdf

 

here are the documents referenced by gregs, and i think drafted by greg schmid esq http://www.schmidlaw.com/

basically, get your dr to sign them and get it notarized . consider giving greg schmid a call as well as he knows whats up.

 

http://michiganmedicalmarijuana.org/blog/584/entry-1163-added-evidentiary-protection-with-or-without-registration/

[elkhunter]

Thank you for your help and time!

[elkhunter]

Trying to locate a thread I was reading a few weeks ago. It had results of 100s of cases seen before judges and counties. I have dug around and can't seem to locate. I thought it was in the illegal transport thread.

 

Anyone know?

[Restorium2]

Trying to locate a thread I was reading a few weeks ago. It had results of 100s of cases seen before judges and counties. I have dug around and can't seem to locate. I thought it was in the illegal transport thread.

 

Anyone know?

http://michiganmedicalmarijuana.org/topic/45922-is-sanilac-county-leading-the-state-in-illegal-transport-mcl-750474-tickets/

[elkhunter]

I have a jury conference or plea as letter states. Thur Dec 10th. I have not been able to get my lawyer on phone for over a week. I have no idea what to expect. Should of hired Kormon

[t-pain]

oh man i'm so sorry. i've heard a few people who have trouble contacting their lawyers. i cant imagine dealing with this bunny muffin and then you cant even call someone up for answers.

 

maybe your lawyer is on thanksgiving vacation?

[t-pain]

if you are heading into a pre-trial conference, when you get there, it will probably be you, your lawyer and the prosecutor.

 

if you are interested in a plea deal , tell him you will plea to impeding traffic or something like a traffic ticket nothing to do with marijuana.

 

hand the prosecutor those cases that got dismissed and the judges opinions that said 750.474 was unconstitutional. maybe he'll drop the charges.

 

i dont know.

 

what are you going to do? let us know how it goes.

 

wear a body cam and record the meeting! that would be interesting.

[elkhunter]

750.474 was unconstitutional. maybe he'll drop the charges.

 

Couldn't find exactly what you were referring to here? I read the decisions, just couldn't find it exactly

[t-pain]

 

one of the circuit judges ruled it unconstitutional.

 

http://www.examiner.com/article/medical-marijuana-transportation-law-ruled-unconstitutional-by-benzie-co-judge

[elkhunter]

Gotcha... But I'm facing pos of marijuana. for having 1.5grams of wax. I was transporting it correctly. the prosecution is sticking to their guns that it isn't covered by act

[mibrains]

i have used this.

 

when they ask if you have cannabis or a medical card simply hand them this card and let them read it.

 

after they have read it you simply have to ask - Am i free to go?

 

if they say no ask - Am i being charged with a crime?

 

one of the worst areas in the state right now is the corridor between Grayling and Gaylord on I-75... my butt cheeks pucker every time i drive through that area...good news is they seem to be after the simple fines and not long term problems...

 

good luck with your case..

 

remember also some of the prices you have been quoted by attorneys may be retainer fees and not outright charges and therefore subject to returning unused capitol after your done with your case.

 

[t-pain]

Gotcha... But I'm facing pos of marijuana. for having 1.5grams of wax. I was transporting it correctly. the prosecution is sticking to their guns that it isn't covered by act

well then either fight it and educate the judge with the facts of how wax was made (dont say word "resin" or "stalk" ...) or take a plea.

[t-pain]

actually, ask komorn for a brief that explains why wax is usable marijuana. I'm sure he's got it all written up already, he's been doing a lot of similar cases....

 

he should be able to provide you with some copy of a previous brief, even if he's not your lawyer.

[Restorium2]

I would start by not calling it wax. I would call it natural cannabis plant extract. Always include the words natural plant when you refer to it. We are all going to have to learn to do that for our own good. Cut them off from calling it synthetic. It's 100% pure cannabis plant extract made from real cannabis plants, just like the law explains is legal.

[t-pain]

I would only call it a preparation of dried marijuana flower. nothing else.

[Restorium2]

I would only call it a preparation of dried marijuana flower. nothing else.

Right. Perfect. 

[Alphabob]

Gotcha... But I'm facing pos of marijuana. for having 1.5grams of wax. I was transporting it correctly. the prosecution is sticking to their guns that it isn't covered by act

 

Yea, I wouldn’t even worry about “illegal transportation” unless they officially charge you with that. In addition, nearly all courts are not bound by the various district decisions against the transport law; however, these cases are usually mentioned in transport motions.

 

I think your best bet is to either take a 7411 plea deal or have your lawyer attack their basis of wax not being a direct preparation of flower/leaves prior to trial. Unless the prosecutor has made wax or has seen others make it, they have no clue if it is or is not a direct preparation of the flower/leaves. So I would ask them what basis they are using to claim that wax is not covered, what part of the law specifically and what evidence do they have.

 

It is a shame how so many are misconstruing the people v. Carruthers decision for their own advantage. Obviously, this COA decision is going to be a centerpiece in your argument (and probably where the prosecutor is assuming wax is illegal). You need to either find a new lawyer or get yours to read into Carruthers, where it specifically states that preparations made from anything other than flower/leaves is illegal. Is your wax prepared directly for flower/leaves? If so, then you did not violate the law…

 

Take it from several informed individuals:

“We are encountering a significant amount of THC wax and oil,” he wrote. “If we were to seized [sic] the wax/oil from a card carrying patient or caregiver and it comes back as marijuana, we will not have PC [probable cause] for the arrests.” - Andy Fias, State police lieutenant with West Michigan’s regional drug task force (from released MSP emails)

 

Defenders of the new policy argue that it is consistent with People v. Carruthers, a 2013 case in which the Michigan Court of Appeals ruled that a batch of brownies made with cannabis butter did not qualify as "usable marijuana" under the Michigan Medical Marihuana Act. One implication of that dubious decision is that state-registered patients are not immune from arrrest and prosecution for possession of marijuana edibles under Section 4 of the law. It is not completely clear whether the distinction drawn in Carruthers applies to hash oil, and Michael Komorn argues that it does not, meaning their client never should have been charged.

 

https://reason.com/blog/2015/11/02/michigan-creates-bogus-crimes-by-conflat

[elkhunter]

I wish I had the Funds to just hire Kormon. I'm putting 4-6hrs into this a day. finding anything I can to fight for the community. For those who chose to also fight. The prosecutor has his mind made up on the definition of what wax is and they are playing hardball. Doesn't help the courts are 3hrs away and impossible to get in touch with the right people

[elkhunter]

already took a 7411 when I was 18

[elkhunter]

The illegal transport would be a plea bargain in order to not lose my drivers lic

[t-pain]

like i said, ask komorn for the brief/arguments on wax, even if you cant hire him.

[elkhunter]

Update: I was able to get the conference adjourned until Jan 7th. Hoping by then the hard work Kormons office is putting in on the Lorincz case will change the tone of a lot PA's and judges.

 

Again thanks for all the help and support to those who have taken time to reach out!

[Alphabob]

I wish I had the Funds to just hire Kormon. I'm putting 4-6hrs into this a day. finding anything I can to fight for the community. For those who chose to also fight. The prosecutor has his mind made up on the definition of what wax is and they are playing hardball. Doesn't help the courts are 3hrs away and impossible to get in touch with the right people

 

It is definitely a tough situation, but it is best not to overly stress or become angry about it. I was hit with three misdemeanors a month after getting my card and only had 10g of flower and bowl. After shopping through four lawyers and firing another, I found one that actually took the case seriously. Filed two motions, one to use medical marijuana (court adjourned), then another to dismiss case based on MMMA language. I took a plea for some low-level traffic infraction (civil infraction) because I didn’t want to pay additional attorney fees.

 

Make sure you get a medical marijuana lawyer or at least one who takes your case seriously and does work. A lot of lawyers don’t care about a misdemeanor case because they have others involving multiple felonies and such. It shouldn’t be difficult for your lawyer to use the language of the MMMA in a motion saying that the wax is covered, as it is a direct preparation of the flower/leaves. In addition to exploring the plain language of Carruthers, particularly in reference to brownies being made from cannabutter versus the medicinal use of direct extracts such as wax, BHO or resin. It is up to the judge to decide when filling a motion for dismissal, not the prosecutor. Otherwise if you cant get a plea for a civil infraction then illegal transport might be your best bet.

Edited December 11, 2015 by Alphabob

[elkhunter]

Update: Thur is coming fast! Still no change. Lawyer sent me message Mon stating he was trying to contact assistant prosecutor and would contact me as soon as he heard back. Still Haven't heard anything. I only hired him through pre trial. He agreed to make one more attempt. I will not be proceeding with him. Planning on heading up there Thur morning. For what paperwork states (jury status conference and/ or Plea) and speaking for myself.

 

Happy New Year!

[t-pain]

forgot to tell you, komorns case will take years...

 

do you have everything printed out?

copies for the prosecutor/judge too?