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bobandtorey

Improperly Transporting Cannabis

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Today, I traveled North to Roscommon, MI to represent client and good friend Jamie Lowell on a charge of improperly transporting cannabis and the possession of marihuana. Many judges have deemed the improper transport law, that did not change the Michigan Medical Marijuana Act, to be unconstitutional. A position the district court judge presiding over Jamie's case does not agree with. Oddly the prosecutor chose not to disagree with us, and despite literally no opposition to our motions, the Court was able to fashion a ruling denying our motion to dismiss the illegal transport charge. Here is a link to that opinion. 

This, of course, will not stop me from vigorously defending Jamie and upholding his desire to exhaust every opportunity possible to avoid the injustice, we believe, is being bestowed upon him in Roscommon. 

It is our itentions to file additional motions in this matter and the court will likely set evidentiary hearings on those issues within the next few weeks. If we do not receive favorable rulings or resolution during this process, Jamie will have his day in court in front a jury of his peers, likely in December. 

Jamie Lowell and my other clients do not hire my services in order for me to help them succumb to a broken criminal justice system. I get hired to fight for my client's rights, and that is exactly what I intend to do.
http://komornlaw.com/…/Lowell_DefendantMotionDenied_071816.…  #ypsilanti#medicalmitten #mmmp #legalizeit #MSP#michiganmarijuana

 

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the judges opinion here is similar to another case , forgot which, it was posted here before. the prosecutor attached the opinion and sent it to someone...

 

heres the relevant part of the argument from the case

 

"a person can fully comply with both the mmma and mcl 750.474. The "medical use" of

marijuana involved here - transportation - is not prohibited."

 

but this is not reality. transportation is prohibited under 750.474 (its a misdemeanor) unless done in the manner described. the judge has no clue what he is saying. 

 

let me put it another way, if you read 750.474 in "harmony" with the public health code then 750.474 legalizes the transportation of all marijuana for anyone. as long as its in a enclosed container.

 

what was the other case, not koon, where they ruled on penalty aka fines. was that ter beek v wyoming?

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