Once The State Cashes The Check..

[+itssortalegal10]

I have always asked when you are legally clear to grow and been consistantly told after day 21...What about in between when the check was cashed and day 21 what can I do as far as what I posess? Can I get my patient meds obtain seeds and build the grow room? Any or all of these? Ooor do I wait till day 21 before I evenmess with any of it?

[Hempcheff]

I have always asked when you are legally clear to grow and been consistantly told after day 21...What about in between when the check was cashed and day 21 what can I do as far as what I posess? Can I get my patient meds obtain seeds and build the grow room? Any or all of these? Ooor do I wait till day 21 before I evenmess with any of it?

 

unless im mistaken, you would be covered under AD, BUT, i highly recommend waiting the 21 days from the date your app was signed for delivery confirmation from the PO, or the cashed check date BEFORE starting any plants, the wait isnt that long, and will give you a chance to get your GR built just right! remember measure twice, cut once

[HerbanLegendSeeds]

Your not legal until 20 days after they RECEIVE your app IF you have not been denied, not 20 days after your check is cashed, whoever is telling people this either havent read the law or like to makeup the law as they go along,.

[+Annnie]

Like they said already i concure that its not illegal to set up a grow room and make sure its all ready to get the beans popping as soon as day 20 passes.. It is definately 20 days after your application is submitted.. Meaning the date on your return slip from your certified mail..

[+itssortalegal10]

OK I am not talking about growing though...I am asking if she can get meds after check is cashed..Would she et in trouble if it is like day 10 and has an eighth of meds or what? I know I can not grow till day 21

[JayBuds]

there is a risk but it is very small, likely wouldn't be prosecuted and if she was case would likely be dismissed, possession under 1 oz is only a misdemeanor anyway, but she would have plenty of things on her side including AD

[+itssortalegal10]

what does AD mean?

[Hempcheff]

what does AD mean?

 

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).

 

© 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.

 

 

[Poppa smurf]

Clinic I went to said I was legal as soon as they cashed check told me they only cash if approved! I didn't listen and am waiting. My understanding is 20 days after confimation they recieved app. They have 15 days to deny u so if u haven't heard any thing back u safe I'm still waiting 20 days after check cashed which will be the 29th so not long from now good luck be safe

[bobandtorey]

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).

 

© 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.

 

 

 

all of that is so true we should get are stuff back we hope one day thanks for your post

[Hempcheff]

Clinic I went to said I was legal as soon as they cashed check told me they only cash if approved! I didn't listen and am waiting. My understanding is 20 days after confimation they recieved app. They have 15 days to deny u so if u haven't heard any thing back u safe I'm still waiting 20 days after check cashed which will be the 29th so not long from now good luck be safe

 

the fee you send is cashed regardless of approval/denial. it is an "application" fee: "There is an application fee to register for the MMMP. The fee cannot be waived, although it can be reduced under certain circumstances." Full text can be found here MDCH

 

it is for processing the applications, my guess is to finance the program, although i havent done any research yet.

[Zombiefied]

the fee you send is cashed regardless of approval/denial. it is an "application" fee: "There is an application fee to register for the MMMP. The fee cannot be waived, although it can be reduced under certain circumstances." Full text can be found here MDCH

 

it is for processing the applications, my guess is to finance the program, although i havent done any research yet.

If they do deny you (your info was bad, something missing..ect) then you have 1 year to re-send in the corrected app. at no extra cost. (Another reason to copy your paperwork...lol) I THINK if you request your money, they will send it back. They can only deny you as a patient if your doc is not a MD or DO or your paperwork is messed up. A CG can be denied if s/he is under 21 or has a drug felony. Hope this helps.

[Budz-4-U]

Your not legal until 21 days after they RECEIVE your app IF you have not been denied, not 21 days after your check is cashed, whoever is telling people this either havent read the law or like to makeup the law as they go along,.

 

The State is broke. I'm guessing they do daily, or very near daily, bank deposits.... most places do. So, I'm guessing that by 23 days after they get the check, it is already cashed. My check was cashed 4 days after I mailed it.....I called the bank to get the date it was cashed. They didn't sit on my check. Went straight to the bank.

 

In short, you are correct. All I'm saying there is little time between when they RECEIVE it, and when they CASH it.

 

[+itssortalegal10]

Yeah they cashed ours the monday after the friday we sent it..I forgot to send photo id and waited like 10 days got a request for those and a 1st page to the pplication with our socials on it. The clinc gave us both papers and not that one. They mailed me copies of what they recieved including a pink paper with a copy of the cashed check and on that paper I could have asked for a refund if I wanted (in reference to the comment that you were not sure if they refund).

[Ms Chocolate]

You are legal the moment the doctor signs your paper. If you choose to register, your registration become effective on the 21 day from the MDCH receives your forms.

[+mayorherb]

Your not legal until 21 days after they RECEIVE your app IF you have not been denied, not 21 days after your check is cashed, whoever is telling people this either havent read the law or like to makeup the law as they go along,.

In the begining , it use to be 20 working days, but some one along the line chnaged it to 20 days.

[peanutbutter]

Your not legal until 21 days after they RECEIVE your app IF you have not been denied, not 21 days after your check is cashed, whoever is telling people this either havent read the law or like to makeup the law as they go along,.

 

You have several errors in your post.

 

Actually the clock starts when you submit the application. Not when they receive it. Might make a difference, someday.

 

The MDCH then has 15 days to deny your application. After that they can not deny your application.

 

The law then adds another five days for delivery time. Total then is 20 days.

 

FYI I was the one to suggest using the cashed check as a starter for the 20 day countdown. I count on the state to screw with patients. It is possible that they could try to say "we never got the application." Which is rather difficult for them to try to claim if they cashed the check.

 

That was my logic .. not in the law. I promoted that until everyone accepted it.

 

20 days from submission is in the law .. you just have to do the math of 15 + 5 .

 

Now then .. your statement "Your not legal until .."

This law haw two different levels of protection. One of them is the ID card. The other is the affirmative defense We call it "AD."

 

That "You're not legal until" is true as far as the ID section goes. If you have your card then the police will never arrest you as long as you are within your limits ...

 

At least that's the way it is supposed to work. Someday the police in this state will learn to obey the direct order of the voters of the state. Until then we are stuck with the other section of the law.

 

The AD is used in court. It is supposed to make quick work of a court case and get it dismissed ASAP.

 

There is no ID card required to use the AD in court.

 

So then. We have two different kinds of "legal" here.

 

ID section = no arrest.

AD section = no conviction.

 

So what is needed for the AD section to apply to a person? A medical need at the time of usage. That's it.

 

ANYONE with a medical condition. If they get arrested they may go directly to a mmj clinic and get their doctors letter.

 

Once they present the letter to the judge, the judge is required by law to dismiss the case.

 

Here is the location of the Michigan law on the state web site:

http://www.legislature.mi.gov/%28S%28l1ih1tjag0rr0qu5nbufq3nl%29%29/mileg.aspx?page=GetObject&objectname=mcl-Initiated-Law-1-of-2008

 

And here is a pdf file produced by attorney Greg Schmid. It is a point by point breakdown of the new law.

http://qualifyingpatient.com/Protections%20explained%20-%20with%20CERT,%20MADO,%20and%20HIPAA%20forms.pdf

Greg's main web site http://www.qualifyingpatient.com/

 

Sooo .. as you can see .. I have indeed read the law.

[HerbanLegendSeeds]

The question was, once the state cashes the check, this has nothing to do with the AD, it has to do with a legal application being sent in.

 

No where in the law does it say your legal after "20" days after the check is cashed. Quit telling people thats the law when its not written therein, you think LEO gives a bunny muffin about when a check was cashed?

Call the MDCH, they use the mail delivery confirmation as your start point for the 20 days, not when your check was cashed.

[AbsoluteRoyal]

Today is my 20th day since I mailed in my application, I was not denied and the check was cashed. When am I legal? and how else can I prove it other than a copy of my application? I forgot to get a reciept of certified mail.

[Guest Mr_smith]

Today is my 20th day since I mailed in my application, I was not denied and the check was cashed. When am I legal? and how else can I prove it other than a copy of my application? I forgot to get a reciept of certified mail.

 

Well from what I am getting out of what PB said (whom I consider a reliable source for info)

 

If the worst were to happen and you got pinched, the fuzz would still arrest you.. but based on the affimative defense clause, your case would be dismissed quickly. Basically you are not "safe" from arrest until you have the card but you are protected as of now based on what you told us.

 

BTW this is just my understanding, don't take it to the bank..

[peanutbutter]

Well from what I am getting out of what PB said (whom I consider a reliable source for info)

 

If the worst were to happen and you got pinched, the fuzz would still arrest you.. but based on the affimative defense clause, your case would be dismissed quickly. Basically you are not "safe" from arrest until you have the card but you are protected as of now based on what you told us.

 

BTW this is just my understanding, don't take it to the bank..

 

Ahhh yes ..

 

One item you didn't grasp.

 

In the law, the paperwork becomes the ID card after the 20 days. Until the plastic card arrives.

 

The bad thing is that many, if not most, within law enforcement, are not aware of this legal point either.

 

Section 9 (b) If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.

Taken from the State of Michigan Web site here:

http://www.legislature.mi.gov/%28S%285gdog045vwztdlmr2njwjn55%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26429

 

The paper IS the registry ID card.

 

If they ignore the paperwork, they are ignoring the ID card, the voters and the law.

[1337Gr33n]

i got my check cashed yesterday! on day 21, i plan to carry with me everywhere, a packet of the normal paperwork and copies of the cancelled check. But i will also carry with me copies of the law, and section 8 regarding the AD. I will also be printing the norml spiel as modified by Tarzan on what to say to the police. (just in case i get nervous and forget what it says.)

[peanutbutter]

congrats!!