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Tigersfann420

Improper Transport Clinton County Need Help

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Hi yesterday me and my cousin both were driving back home and I was pulled over. I got a five over speeding ticket no proof of insurance and improper transfer the latter being what we are concerned with. I drive a 2005 dodge mini van obviously it has no trunk. We had 2 grams of wax plus a ounce an another ten grams all in a lock box which was in the center console between both front seats but the center console locks and it can only be unlocked with the key to the van that was in the ignition while I was driving. It's not accessible to me or anyone else while driving. Cop said I couldn't have wax an that my meds should have been in the back seat or back of,van. Cop had,no body camera at all and took my meds and wax,all which were in sealed bags that were not even open yet. Am I screwed

Your not screwed!

 

But you have to now deal with the court system, I dont beleive in the transport law, but I always bring my lock box when or if I travel with my meds,  I dont travel with it to often, I dont go to that many places, I camp alot and put my lock box in my camper when Im traveling!

 

I dont speed (cruise control) I make sure all of my lights and stuff work, and I keep my vehicles insured (not easy on a fixed income) if you dont give the phaqed up cops a reason to pull you over you wont have to deal with this kind of shiit!

 

I know your a younger guy and like all of us have alot to learn still!  My medibles only travel in my digestive system lol!

 

Im not going to give you a bunch of crap, I always drive around 3 mph over the speed limit on free ways and state, county roads.  At that speed it is not fast enough to get pulled over (most times) and not slow enough to be suspect!   Cops are profiling,  when people are driving down the road and hit the breaks when they see a cop, It is not a good thing,  If I were a cop and profiling pt's and c.g's I would follow you if you did that, and most times people get nervious and phaq up when a cop is on their butt!

 

I love my budder, Im hoping the bills get signed and you wont have to worry about the extraction,  When I got messed with over being pulled over with meds, I paid all of my other tickets and thought I was good to go, 3 months later they sent me a court date for circuit court, macomb county, mt. clemens...........ouche!

 

Dont speed, get ins, leave your extraction at home untill the law is passed!

 

Best of Luck to You!

 

Peace

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This is an improper transport issue and not an illegal transfer issue... correct?

 

The title of the thread is misleading to our readers and therefore has been edited.

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thanks imi.

 

OP, since this law was just signed by the governor, the protections are retroactive. oil is an extract and is allowed to be transported without restrictions or penalties.

 

call the prosecutor and ask him to drop charges.

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thanks imi.

 

OP, since this law was just signed by the governor, the protections are retroactive. oil is an extract and is allowed to be transported without restrictions or penalties.

 

call the prosecutor and ask him to drop charges.

Well he said the prosecutor was hitting him with transport, not the wax.  So the problem is it wasn't in his trunk.  Doesn't matter that it was wax or not.

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Hi yesterday me and my cousin both were driving back home and I was pulled over. I got a five over speeding ticket no proof of insurance and improper transfer the latter being what we are concerned with. I drive a 2005 dodge mini van obviously it has no trunk. We had 2 grams of wax plus a ounce an another ten grams all in a lock box which was in the center console between both front seats but the center console locks and it can only be unlocked with the key to the van that was in the ignition while I was driving. It's not accessible to me or anyone else while driving. Cop said I couldn't have wax an that my meds should have been in the back seat or back of,van. Cop had,no body camera at all and took my meds and wax,all which were in sealed bags that were not even open yet. Am I screwed

 

  wonder how it may have went down had you produced insurance and obeyed the speed. Tell the prosecutor you'll take your lickin's for the speeding and insurance issue if he drops this frivolous and now legal oil issue, thats what I'd do, unless of course you were insured at the time. if not, dont drive uninsured cars, with  or without your stash locked inside. 

best of luck, dont be scared, lots of us got some scars from their war against us.

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What of past misdemeanor convictions for illegal transport? Does this law address that? What are the cases that have been dismissed in district or circuit courts that have found the transport law a violation of the MMA please? An issue has come up suddenly and I need to move quickly to help a family member. I will be looking at things, and welcome any helpful comments.

 

Edited by GregS

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ere, this page has the links to the other judges' orders in transport cases

 

http://michiganmedicalmarijuana.org/topic/47435-mi-ag-invited-to-weigh-in-on-constitutionality-of-marijuana-transportation-law/

 

basically there are two flaws to 750.474.

1. it tried to amend a law (mmma) by title alone. this makes it unconstitional because to amend a law you have to reprint the relevant sections for people to view the changes.

 

2. it is not part of the act, the act supercedes it because it conflicts.

 

here are the judges opinions

http://www.scribd.com/doc/241527857/People-v-Johnson-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527783/People-v-Johnson-Order-Inviting-MI-AG-to-File-Brief-09-19-14-Ocr

http://www.scribd.com/doc/241527539/People-v-Barber-MMMA-Transport-Dismissal-Transcript-Ingham-DC-03-04-14-Ocr

http://www.scribd.com/doc/241527704/People-v-White-MMMA-Transport-Order-Delta-DC-06-19-14-Ocr

http://www.scribd.com/doc/241527632/People-v-Porter-MMMA-Transport-Order-Crawford-DC-07-21-14-Ocr

http://www.scribd.com/doc/241527421/People-v-Cuadrado-MMMA-Trasport-Opinion-07-23-14-Ocr

 

some of those are opinions, orders and even the briefs.

so you can type out the brief and substitute your info where the other guys' info was. well talk to a lawyer... usually the call is free. call komorn.

 

 

even if this new transport law phases by the governor, you can fight it with section 8 defense in a pre trial hearing.

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getting previous convictions off a record is tough, even with good lawyer.

do you specifically mean that related to edibles and such or expungments in general? Expungments seems straightforward. You need to qualify via type and quantity of conviction, give prosecution and police notice, and ask the court. It's a privilege not a right.

 

Wet

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Are you not hiring a lawyer for some legal issue? Unless it is yourself doing it, I don't recommend that.

Am looking at the angles. In this instance a professional certification is being denied in the state of CA by an insurance board. The injured party was, when found transporting a few grams of bud in the cab of his truck and convicted, living and a registered caregiver in MI shortly before his move there in 2013, in the 82nd District. He could not afford to appeal the conviction, was represented by a less than useless PD who refused to submit our arguments for a sec. 8 defense, to consider the constitutionality of the transport law, and/or file a 7411 defense, and instead took a misdemeanor charge and a $250.00 penalty. I am looking for cases where the charges were dismissed because the transport law was deemed null and void and inconsistent with the MMA. I have People v. Johnson from January of 2015 in the 85th District, Benzie County, where Judge Mead ruled in favor of the defendant, stating that the MMA supersedes the transport law and went further to say that the transport law is unconstitutional. (https://www.scribd.com/document/253228866/People-v-Johnson-Benzie-DC-Order-Dismissing-MMMA-Transport-Charge-01-14-15). We would like to find any others for the purpose of building a case and would consider a 7411 or any other reasonable approach. Hiring an attorney is a preferred option.

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ere, this page has the links to the other judges' orders in transport cases

 

http://michiganmedicalmarijuana.org/topic/47435-mi-ag-invited-to-weigh-in-on-constitutionality-of-marijuana-transportation-law/

 

basically there are two flaws to 750.474.

1. it tried to amend a law (mmma) by title alone. this makes it unconstitional because to amend a law you have to reprint the relevant sections for people to view the changes.

 

2. it is not part of the act, the act supercedes it because it conflicts.

 

here are the judges opinions

http://www.scribd.com/doc/241527857/People-v-Johnson-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527783/People-v-Johnson-Order-Inviting-MI-AG-to-File-Brief-09-19-14-Ocr

http://www.scribd.com/doc/241527539/People-v-Barber-MMMA-Transport-Dismissal-Transcript-Ingham-DC-03-04-14-Ocr

http://www.scribd.com/doc/241527704/People-v-White-MMMA-Transport-Order-Delta-DC-06-19-14-Ocr

http://www.scribd.com/doc/241527632/People-v-Porter-MMMA-Transport-Order-Crawford-DC-07-21-14-Ocr

http://www.scribd.com/doc/241527421/People-v-Cuadrado-MMMA-Trasport-Opinion-07-23-14-Ocr

 

some of those are opinions, orders and even the briefs.

so you can type out the brief and substitute your info where the other guys' info was. well talk to a lawyer... usually the call is free. call komorn.

 

 

even if this new transport law phases by the governor, you can fight it with section 8 defense in a pre trial hearing.

 

Thanks for the links t-pain.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited by GregS

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the court of appeals case on transport is still in limbo

 

http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx?SearchType=1&CaseNumber=328274&CourtType_CaseNumber=2

 

actually it appears it just got unstuck!

 

11/01/2016

37

Submitted on Case Call

District: L

Item #: 2

Panel: AK,PDO,ELG

This could be huge. Where can I find available court documents plz?

Edited by GregS

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can go to court of appeals and get copies. otherwise, no idea.

 

google the name and fb and instagram are up there. maybe contact them direct and ask for copies.

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You were  right to have your material contained. the container did not need to be locked, but it did need to be in the back of the vehicle, not the center console.

 

The material you carried will not be legal until December 25, 2016. You could be charged not, pay whatever expenses, than come back after Christmas to have those charges dismissed, causing additional expenses.

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So I went in they dropped myspeeding ticket dropped the improper transfer gave me wax and flower back but I have to go back November 8th to fight the no proof of insurance. So that is pretty cool.

Congratulations!

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Thanks guys I appreciate all the support of this community. True we should be seeing less of this in the first place an that will happen with time I believe, I was happy they dropped it so fast with out having to drag it out in court. A victory for one of us is a victory for all

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