Court: Michigan's Medical Pot Law Isn't Retroactive

[Miracle Man]

http://detnews.com/article/20100714/METRO/7140393/1361/Court--Michigan-s-medical-pot-law-isn-t-retroactive

 

Court: Michigan's medical pot law isn't retroactive

Associated Press

 

Caro -- The Michigan appeals court says the state's medical marijuana law can't be used retroactively to save people from drug charges.

 

The court reversed a decision by a Tuscola County judge, who had dismissed charges against a man caught with nine plants and drug paraphernalia. Keith Campbell says he was using marijuana for medicinal purposes.

 

But the bust occurred in 2007, a year before the marijuana law took effect.

 

The appeals court said Wednesday there are defenses to possessing pot if the drug is used to ease illness. But the court notes there's nothing in the law allowing it to be applied retroactively.

[bobandtorey]

WOW again this case was heard the same day as ares i sure hope that ares don't in up that way i don't think it will as ares was after the Law passed but then again he did use it for Medical so whats next for him is it over for him or can he appeal again

[peanutbutter]

With this case retroactive might mean one of two things.

 

Retroactive before the time of his arrest or

retroactive before the law went into effect.

 

Keith had been arrested one year and one day before the new law went into effect.

 

Bob and Tory were arrested after the law went into effect.

 

If Keith's case had been dismissed then the case against Bob and Tory would have been tossed instantly.

 

Keith can still have his day in front of the Michigan Supreme court.

[thanks2]

Link to the decision.

http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20100713_C291345_44_291345.OPN.PDF

 

This in no way will effect those arrested after November of 2008. In fact they acknowledged the existence of the Affirmative defense a number of times, so there is some good language in the decision that may help those arrested and then apply for paperwork. Those with paper work will be golden, in my opinion.

[peanutbutter]

Link to the decision.

http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20100713_C291345_44_291345.OPN.PDF

 

This in now way will effect those arrested after November of 2008. In fact they acknowledged the existence of the Affirmative defense a number of times, so there is some good language in the decision that may help those arrested and then apply for paperwork. Those with paper work will be golden, in my opinion.

 

I hope this goes up to the Supreme court. It should get kicked out there.

 

Folks .. this is simple.

 

1 a defendant in front of a judge for anything marijuana related? Check.

2 can the defendant present a doctors letter to the judge? Check.

3 small amounts? Check.

4 no stupid stuff like rolling blunts on a school bus? Check.

 

Case must be dismissed. period.

 

The law doesn't say "could have presented a doctors letter at the time of arrest."

 

Doesn't say that at all.

 

That qualifier doesn't exist at all.

 

The law specifically says that if the defendant presents this list to the judge, the case must be dismissed.

 

This appeal's judge just added extra words to the Michigan Medical Marijuana act. Words that do not exist in the law. He presumed that if "retroactive" doesn't exist in the law then the word "proactive" must apply. Even though the word "proactive" doesn't exist there either.

 

Neither "retroactive" or "proactive" are parts of what are in the wording of the law.

 

This judge inserted the word "proactive" where it doesn't exist.

[GregS]

Judges talk out of their asses just as most of the rest of us do.

 

The judges who sit on the higher courts are more than a little smarter than lower court judges. As they hear cases, they must rule to let us enjoy our rights as spelled out without government interference.

[peanutbutter]

Judges talk out of their asses just as most of the rest of us do.

 

The judges who sit on the higher courts are more than a little smarter than lower court judges. As they hear cases, they must rule to let us enjoy our rights as spelled out without government interference.

 

I like what happened with the DUID stuff lately ..

 

I think we'll do pretty well. The machine that is producing the errors being undone needs to be shut down ASAP.

 

Furthermore any cases that should have resulted in being dismissed, need to be reversed.

[bobandtorey]

so does this mean we are FREE no it does not not Yet but it will they heard this case the same day as ares i guess we will have to Waite till they print it in the paper

 

i wish Mike K could say something here

[thanks2]

so does this mean we are FREE no it does not not Yet but it will they heard this case the same day as ares i guess we will have to Waite till they print it in the paper

 

i wish Mike K could say something here

They have not decided your case, yet, or at least have not told any one yet. I will let you know when the post your case, but the papers will probably beet me to it. They may tell Mike K before they post the decision.

[KathywithaK]

Our law is being restricted one piece at a time, because marijuana is a revenue source for the system. We can sit and watch our law disappear or we can assemble in Saginaw. Sorry Folks, it's my job for the next week to highlight the fact that we are under attack. LEO is seeing the poor and middle class being removed from his revenue stream, and he is fighting back.

thats right thats why we ALL need to stand up and be heard these horror storys arnt just happening in saginaw there happening across the whole state of michigan so come to saginaw july 21st at 11am 111s. michigan come one come all we need everyones support for this protest hope to see everyone there peace to all