Court: Get state ID card before growing marijuana

cephalopod

cephalopod

Well-Known Member
I read this story in a few different places earlier today and most of them are grossly inaccurate. The one I found that was more complete said he didn't even get the doctors recommendation until after the "bust"....so I think he fails to meet section 8, at least the first article. I see what you're saying there SJ, I just doubt it'll be interpreted that liberally. Seems to be a question of it's retroactive or not. Also, they use the terms patient and Primary caregiver to describe the protected actions, seems like it'd be easy to argue that suggests registration. Why use the word primary, if the intent is not to allow access to medication from anywhere else?
 
M

Mr. Big Bud Good

Member
stumpjumper said:
The law says that MMMA can be used as a defense if you have a qualifying medical condition even if you aren't registered.
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I don't think that's the case. If it were then it kind of defeates the purpose of sending in your money to the state and getting your card. You could just get your paperwork from your dr. and grow.
 
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bob harris

Well-Known Member
jesus of Cannabis said:
they are trying to weed out the idiots from the real growers that use this medicine as it is supposed to be used. This idiot in the article should lose his card for growing outside but the other charge is going to be dropped. Follow the law, it isnt that hard.
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You got that right...everybody looking for loopholes is whats getting the loopholes closed.
 
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bob harris

Well-Known Member
stumpjumper said:
333.26428 Defenses.


8. Affirmative Defense and Dismissal for Medical Marihuana.
Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

(c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

(2) forfeiture of any interest in or right to property.



It's pretty cut and dry, not vague at all.
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And it doesn't say "grow"..how can you read the RED HIGHLIGHTED section...and get to growing is OK?

if I had a scip for opiates...I can't start growing my own poppies...
 
M

Mr. Big Bud Good

Member
bob harris said:
you could posess...not grow
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Didn't read it. I was replying to Stumps original post before the law was posted. Either way I still do not see where it says that you can use it without being registered, even in the red section. This law was written under the notion that it is being applied to registered patients. The red section you pointed out is a safety net to catch people who are legal patients, but are caught with MMJ but do not have their cards or paperwork on them at the time. Any other case would not be dismissed.
 
M

Mr. Big Bud Good

Member
cephalopod said:
http://michiganmessenger.com/52146/court-limits-defense-options-for-medical-marijuana
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My point exactly. I said it would not hold up in court and Cephalopod provided a link which proves that at least one person tried it and it didn't work.


"The Michigan Court of Appeals Wednesday narrowed a provision of the Michigan Medical Marihuana Act which allowed people arrested for possession to have an affirmative defense of medical necessity — even without a patient registry card.

Under the ruling, the so-called paragraph 8 defense built into the law can only be used when a patient has been certified by a physician as needing the drug prior to being arrested by police"

But the actual court ruling is another kick in the nuts for us. This shit needs to end. They need to leave this law alone and accept that this, word for word, is what voters wanted which is why the approved it.
 
stumpjumper

stumpjumper

Well-Known Member
Well, whatever. The court still can not change the law as it applies to being legal after 21 days.

I agree this wingnut was stupid.
 
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bob harris

Well-Known Member
Mr. Big Bud Good said:
Didn't read it. I was replying to Stumps original post before the law was posted. Either way I still do not see where it says that you can use it without being registered, even in the red section. This law was written under the notion that it is being applied to registered patients. The red section you pointed out is a safety net to catch people who are legal patients, but are caught with MMJ but do not have their cards or paperwork on them at the time. Any other case would not be dismissed.
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Actually, I believe it is listed as an "affirmative" defense...if you can show that you would qualify, you can argue that the case should be dismissed. Much like saying, yup I killed the guy, it was self defense.

I didn't mean you when I asked how someone could read "grow" into that, but "grow" is the reason for the lawsuit/Ruling that is being questioned.
 
dam612

dam612

Well-Known Member
off topic, but was just wondering. If your a legal patient and your work place drug test, or is going too for a job interview, can they not allow you in the work place? i mean its legal for you but it is more a policy thing were they dont hire people who use "drugs". does the work place consider it medicine?
 
cephalopod

cephalopod

Well-Known Member
If you found a progressive employer.

dam612 said:
off topic, but was just wondering. If your a legal patient and your work place drug test, or is going too for a job interview, can they not allow you in the work place? i mean its legal for you but it is more a policy thing were they dont hire people who use "drugs". does the work place consider it medicine?
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M

Mr. Big Bud Good

Member
bob harris said:
Actually, I believe it is listed as an "affirmative" defense...if you can show that you would qualify, you can argue that the case should be dismissed. Much like saying, yup I killed the guy, it was self defense.

I didn't mean you when I asked how someone could read "grow" into that, but "grow" is the reason for the lawsuit/Ruling that is being questioned.
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My fault. I get a little too fired up when debating shit lol.
 
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bob harris

Well-Known Member
dam612 said:
off topic, but was just wondering. If your a legal patient and your work place drug test, or is going too for a job interview, can they not allow you in the work place? i mean its legal for you but it is more a policy thing were they dont hire people who use "drugs". does the work place consider it medicine?
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The law has no bearing..most employers will njot hire/ fire you and you have no defense..you could choose an alternative medicine if you wanted to.
 
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bob harris

Well-Known Member
Mr. Big Bud Good said:
My fault. I get a little too fired up when debating shit lol.
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Me too.

The bottom line is that nothing going on right now really affects a legitimate patient/grower, or a legitimate care giver for that matter. It does pose a problem for those that have a card, don't grow, AND have no care giver...in that they can not legally obtain meds...but they are fine again once the transaction is completed. So as long as you don't buy from a cop..you're ok too

Now the Care Giver with 5 total patients, who acquired the patients by giving them 1oz of "free' meds per month for signing up..Then took a 2nd mortgage to buy enough lighting to flower all 60 plants at once...with the plan of selling his 16 POUNDS (that's at 2oz per plant) of "overages".....well he's got an issue...ya see that's like $50,000 fricking dollars...and ain't no way no how the State Of Michigan, or any other government..is going to be shut out on that.
 
Murfy

Murfy

Well-Known Member
it does say grow-

and.

if you need a second mortgage to flower 60 plants with 2 ounces each you should get a day job.
 
Murfy

Murfy

Well-Known Member
right here-

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.
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B

bob harris

Well-Known Member
Murfy said:
it does say grow-

and.

if you need a second mortgage to flower 60 plants with 2 ounces each you should get a day job.
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Missed "cultivate" ....wait...are you starting a yield debate...I threw it in there as a bare minmum , so people didn't go ...dude..you ain't gettin no 6oz per...and you jumped all over expense and yield...

are you one of those poor bastards that has 16lbs of pot and no legal venue to sell?
 
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