A possible loophole for Michigan growers.

[panhead]

Im posting this in Toke N Talk because the forum gets alot of traffic even though i know its supposed to go in The Legal Edge forum.

As the new Michigan Medical Marijuana act/law becomes closer to becomming a reality the more time i spend learning about it & all it's contents,i want to be well versed in all applications of the law should my door come flying off it's hinges at 3am by a bunch of 300lb ninja's with guns,i also want to know my rights within the law as well as my wifes because we will be 100% legal & follow all rules.

Anyhow ive found a possible loophole that could possibly apply to all growers in every state,this loophole deals with weights & measurements,we all know how the DEA & local Police weigh confiscated pot plants,they weigh everything,the stalk,the sun leaves,the seeds ect they weight it all & get away with it because it contains even the smallest amount of THC,then they ram it up our asses & make a 10 plant raid that would yeild about 10 ounces of real smokeable weed look to the jury as if the grower had 53 pounds,then we also all know the ridicolous marked up street values that prosecutors & police tie together with these jacked up weights that do not reflect honesty or integrety.

Im not sure how other Medical Marijuana states classify what Useable Marijuana" really is but i do know that Michigan has finally outlined & put on paper what they are classifying as useable Marijuana .

Here is the Michigan classification,copied & pasted direct from the Michigan Medical Marijuana website.

DEPARTMENT OF COMMUNITY HEALTH

DIRECTOR’S OFFICE

MICHIGAN MEDICAL MARIHUANA

GENERAL RULES

Filed with the Secretary of State on

These rules become effective on April 4, 2009.

(By authority conferred on the director of the department of community health by section 5 of initiated law 1 of 2008, MCL 333.26421 and executive reorganization order numbers 1996-1, 1996-2 and 2003-1, MCL 330.3101, MCL 445.2001 and MCL 445.2011)
Draft February 12, 2009


Here is the information within the law that can be of use to the defense attorney should any of us get busted growing, legally or not.

(20) “Usable marihuana” means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant

This applies to the bullshit & trumped up weights that police love to use based on stalks & stems when they weigh the entire plant,this "loophole" could possible be the means by which your lawyer gets the prosecutor to revaluate the methods to determine weight in the charges against you,it can also possibly mean the difference between being charged with having 2lbs or charged with having 43 lbs,the differences in sentencing between the two weights is about 10 years.

The police & other LEA were institutional in drafting up the application of this law,law enforcement had a very heavy hand in determining what is fair & what is not fair when applying this law,how can they say in court that the methods they approve for weights & measures in one type criminal trial not apply to all marijuana criminal trials,in other words if they are willing to reject the added weight of stalks,seeds & stems in a Criminal Medical Marijuana case then how can they fight to retain these weights in a non Medical Marijuana Criminal case.

Again this loophole could be the difference between weather you do 3 years in prison & a smaller fine or you end up spending 15 years in prison with a massive fine,even though this is Michigan law dont discount it's value,it's very common that both defense lawyers & prosecutors alike cite laws or cases from other states in the course of a trial,these definitions could save your ass alot of calenders that you gotta flip over sitting in a cage.

All growers in every state, legal or not, should get educated about what each Med MJ state classifies as "what is useable Marijuana" & what isnt useable Marijuana,growers should also have this info on hand to present to their defense attorney.

 

[ProPlayer420]

Way to look out Panhead, i've been trying to get as much info as I can...thanks again....

 

[smoke and coke]

also do they reduce the weight cause when they weigh it its wet and not usable?

 

[ProPlayer420]

also do they reduce the weight cause when they weigh it its wet and not usable?

I doubt they go that far.

 

[panhead]

also do they reduce the weight cause when they weigh it its wet and not usable?

No they dont,they use every trick in the book to keep weights up as high as possible & before now we had no recourse to fight their methods to determine weight.

Now that a determination has been made spelling out exactly what the useable parts of the marijuana plant really are it's a short step to getting the weights used by police remeauserd to reflect the actual product,i will post the 2nd part to our new law that cal also be used as ammunition regarding wet weights,it is clearly defined in the medical law that the weights allowed to legal med users be dried marijuana.

Here is the other part of the law that would be applicable in determining that wet weight is of no legal value to the police as a correct measurement,this part of the law is for the caregiver & or med patient,it clerly defines the amount they are allowed to possess as 2.5 ounces of "useable marijuana",in other area's of the definition of the law they go on further to define "useable" as dried marijuana.

Rule 27. (1) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with the act, if the qualifying patient possesses an amount of marihuana that does not exceed the following:

(a) Two and one-half (2.5) ounces of usable marihuana.

(b) If the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility.

(c) Any incidental amount of seeds, stalks, and roots.

(2) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department’s registration process with the medical use of marihuana in accordance with the act, if the primary caregiver possesses an amount of marihuana that does not exceed the following:

(a) Two and one-half (2.5) ounces of usable marihuana for each registered qualifying patient to whom he or she is connected through the department’s registration process.


Now we see the definition of what is useable & what isnt useable being used to describe exactly what parts of the plant are useable in nature,we also see this definition being used to describe what is useable pertaining to the med patient as well as the primary care giver/grower.

Being that both the state & medical establishments have both approved the defintion of what is useable & what isnt, if properly presented at defense it's going to be damm hard for the prosecutor to submit the weight measurements supplied from arresting police,the 2 measurements are conflicting in definition & how they were obtained.