Cops Used Fake Patient Ids To Buy Medical Pot;

[Eric L. VanDussen]

http://www.freep.com/apps/pbcs.dll/article?AID=/20101020/NEWS05/10200341/1322/Cops-used-fake-patient-IDs-to-buy-medical-pot-was-it-entrapment&template=fullarticle

 

By BILL LAITNER

FREE PRESS STAFF WRITER

 

Oakland County Sheriff's deputies used phony Michigan medical-marijuana cards -- created on a county computer -- to trick state-approved medical marijuana providers into selling the drug to the cops, according to documents obtained by the Free Press from defense attorneys.

 

Days after the drug buys, county narcotics agents raided two medical-marijuana dispensaries Aug. 25 in Ferndale and Waterford.

 

"These officers were denied entrance on several occasions because of improper paperwork, but when they appeared with these cards, I had no way to check," said Brian Vaughan, a doorman at the now closed Everybody's Café dispensary in Waterford, who is charged with multiple drug violations.

 

"You've got law enforcement spending time and money to entrap users of medical marijuana," Southfield attorney Michael Komorn said Tuesday.

 

But law-enforcement officials said Tuesday the phony patient ID cards were a legitimate way to get evidence.

 

"Regardless of whether the cards were real or not, the pure and simple fact is, dispensaries are not legal in Michigan," Oakland County Undersheriff Mike McCabe said.

 

Whether the fake cards constitute entrapment and whether dispensaries are legal will be decided by judges in cases expected to land in state appeals courts, as both sides predict that the raids could lead to landmark decisions that interpret the murky Michigan Medical Marijuana Act.

 

Raids could settle state pot law

Oakland County authorities said that when their undercover officers used forged medical-marijuana identification cards -- near duplicates of those issued to more than 41,000 Michiganders -- it was a perfectly legitimate way to bust those selling medical marijuana who abused the Michigan Medical Marijuana Act.

 

But defense attorneys for more than two dozen medical-marijuana patients arrested in the Aug. 25 raids of medical-marijuana establishments in Ferndale and Waterford are crying foul, saying their clients were trapped into lawbreaking while trying to stay within the state law.

 

Both sides say the cases -- stemming from raids of Everybody's Café, a social club for patients in Waterford, and of the Clinical Relief storefront dispensary in Ferndale -- are sure to land in state appeals courts and likely to decide whether dispensaries, commercial outlets for selling the drug to patients, are legal in Michigan.

 

Oakland County Prosecutor Jessica Cooper said Tuesday that using the fake ID cards "wasn't entrapment (because) entrapment is a legal defense that applies only in cases where someone is lured into committing an illegal act.

 

"They weren't lured, but instead were "so far outside the act (it's) absurd," Cooper said.

 

She cited evidence of "hand-to-hand buys of copious amounts of drugs."

 

And a state-approved caregiver, which many of the establishments' employees claim to be, can provide medical marijuana only to his or her five registered patients, "regardless of whether the cards were real or not," Oakland County Undersheriff Mike McCabe said.

 

"Obviously, none of these officers (with the Oakland County Narcotics Enforcement Team) were their patients," McCabe said Wednesday.

 

But officials with the Michigan Department of Community Health, the agency charged by the state Legislature with implementing the state law allowing medical marijuana, said many parts of the law are unclear to their department's attorneys.

 

"There's nothing in the act that addresses the change process if a patient wants to add a caregiver or remove a caregiver," and whether dispensaries are illegal "is nothing that we have any opinion on," Celeste Clarkson, manager of the Michigan Medical Marijuana Registry Program, said Tuesday.

 

Prosecutor Cooper and McCabe's boss, Oakland County Sheriff Michael Bouchard, have said they're on a crusade -- supported by County Executive L. Brooks Patterson -- to show that medical marijuana dispensaries and related establishments are illegal in Michigan.

 

"They're using people like us as victims in this and they're destroying our businesses and our lives," William Teichman, 50, of Waterford said.

 

Teichman, a Chrysler engineer; his wife, Candi Teichman, and more than two dozen other Oakland County residents have been charged with multiple counts of illegal drug delivery, based on the alleged sales of medical marijuana to undercover officers at establishments including the Teichmans' former restaurant, Everybody's Café. The restaurant, now shuttered, used to close each day at 4 p.m. and operate as a compassion club for medical marijuana users, their attorney Jeffrey Perlman of Southfield said.

 

"Bill and Candi were giving people a place to use their medical marijuana, mostly by eating it, not smoking it, so they wouldn't have to do it at home in front of children or out on the streets," Perlman said.

 

"Nobody was allowed in without a document from the state showing they were a certified patient. And so, everyone in the café was legal except these officers" who used phony state ID cards, Perlman said Tuesday.

 

The case constitutes entrapment because "the people in the café who were caregivers would never have sold to someone who was illegal," Perlman said.

 

The cases could take years to be settled by the state's highest courts, or be resolved far more quickly by a Republican landslide in November if Lansing lawmakers subsequently repealed the Michigan Medical Marijuana Act, which was passed in 2008.

[bobandtorey]

"Obviously, none of these officers (with the Oakland County Narcotics Enforcement Team) were their patients," McCabe said Wednesday.

 

so they used the fake cards to prove that the Leo's had no caregiver their

the way i read it

[lawyercaregiver]

Sieg Heil! Don't you know citizen. You are only allowed to do what the government specifically authorizes you to do.

 

This is disturbing on so many levels.

[mizerman]

This is what happens when people blindly vote republican in good 'ol Oakland County!

 

 

 

Mizerman

 

p.s. while the democrats aren't perfect - hell, they're far from it - but as far as our law is concerned they are definitely the lesser of two evils...! Just pull a straight democratic ticket in November if you want to keep the law that we the people voted for!

[phaquetoo]

I have never seen an instance where a cop used fake ID to buy beer/liquor...................if it looks real, who's at fault?

 

 

 

 

"Regardless of whether the cards were real or not, the pure and simple fact is, dispensaries are not legal in Michigan," Oakland County Undersheriff Mike McCabe said.

 

Show me in the Michigan law where it is not legal.....

 

 

cops send kids into stores to buy cigerettes and beer and liquir!

I guess oakland county wants to clear up these grey area's in a much different way than the mm community wants too!

 

Peace

FTW

Jim

[freemannabis]

Speaking of things that go wrong in Oakland County ...

 

Here's one of them "Shock and Awe" type of things to have to witness ... for those who may not have read these "relative" court cases before, or lately, here's a little reminder of "the way things generally are" in the not always so Hallowed Halls of so-called "Justice" here in Michigan / America; Lest we should become unwittingly lulled crucially off-guard and forget to remember - even for one second - just how astoundingly twisted things can be in Oakland County / Michigan / America (that is, aside from the recent heartless raids propagated against the compasionate victims of the anti-frees' raids) and, perhaps especially, "The People's Courts" of The State of Michigan's residents, read on:

 

Here's the Michigan Supreme Court findings that - believe it or not - stand:

 

http://coa.courts.mi.gov/documents/SCT/PUBLIC/ORDERS/20100311_S139766_69_139766_2010-03-11_or.pdf

 

And, here's the former Appeals Court opinion of the matter that has since been reversed by the higher court (one might be inclined to read the posted links in the alternate order; That is, Appeals Court finding first; Then the later, binding Supreme Court ruling second, for effect:

 

http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20090702_C285086_61_285086.OPN.PDF

 

Simply, amazing.

 

And, pretty gosh-darn scary, to boot!

 

What the heck ever happened to good ol' fashioned reason and common sense?

 

Must've went right out the Holy Door with "Love Your Neighbor," Forgive and Forget," "Have a Heart," and "Show Some Compassion", eh?

 

Timeless idioms of old, long sucked down the drain of oblivion, right down the tubes along with "Innocent - Unless or Until Proven Otherwise," "Reasonable Cause to Believe," "Live & Let Live," and all time favorites: "Here; Take My Hand," and, "Let Me Help You", apparently, too!

 

Anyway, I just wanted to say, 'cuz I can't say it enough, as much as I should or would like to: "Thanks, to all of you out there who really do care to make the world a better place".

 

Never forget - even when I'm not here to remind you: It is, Each and ALL of YOU who really are the Standard-Bearers, the Faith-Warriors, the True Healers, of all that ails the People of Earth.

 

(If anybody "gets my vote," it's selfless, helpful, active souls like you - the caring "forumers" of the 3MA, and other compassionate groups of individuals just as heartfully dedicated - who commit priceless time and energy to advocate for the Hope, and Cleansing Healing, of a victimless society.)

 

Thank you, to all of you - every one of you - the Teachers of Compassion! For shining the Light of Hope for the lost and smitten of humanity blindly stumbling about in the damp, dank, empty, echoey darkness of an otherwise starving-cold, discompassionate world infested with heartless inhumanitarians of every degenerate sort, lurking under dusky frocks and hooded cloaks; shirking behind dingy idols in every shadowy nook and cranny; stalking, crawling, clutching and clawing our weary souls with life-quenching burdens of debt, confinement, fear, and despair, isolation and servitude, and other unsociable things.

 

Keep on Shining the Light.

 

Let it Shine; Let it Shine!

 

(Brrr! It's cold and dark out there, otherwise!)

 

Roll On!

 

: ]

 

Be FREE!

 

SOW The LOVE

 

HARVEST The HEALING

[GrowGoddess]

I am shocked. Is it even legal for LEO to create fake patient ID cards? Does it require permission from the state or federal government for them to commit this act in which they have done? I just cannot believe that LEO would stoop to that level. I feel that what they have done is a far more serious crime than what any dispensary or compassionate care center has been accused of. What they have done has caused me to lose faith in all law enforcement. It just makes me ill that our tax dollars are being used for such nonsense. The Oakland County Sheriff's department has been found guilty of serious crimes in the past. I believe that they are the ones that need to be investigated. I also believe that entrapment is an understatement in this case.

 

I pray that the Oakland County Sherriff does not get away with this.

[Marijuana Ranch]

Alligator Mouth Bouchard on the subject...

http://wjrpodcasts.com/podcasts/paulwsmith/Bouchard-102110.mp3

 

 

[+RevThad]

Hmmm, perhaps Bouchard just provided us with the answers to many of our problems. It would solve the issue of the delays in receiving cards, and we could fight some real crime at the same time. What is this wonderful answer?

 

We all go work for the Oakland County Sheriff's department, volunteer basis only, and as payment he can print up some of those nice cards... Whatcha think?

[mibrains]

oh.....

by the way....

a simple reminder...

the conflict exists because this "ACT" is made into a law by a inititave...which means it was put to a vote for and BY the people, not the politicians or legislators.

it was unanamously approved in ALL countys by 68% of michiganders as it was written.

it is perfectly clear if you choose to read it and accept it within the intent with which it was written.

it can only be changed with a 75% legislative override vote?

this pisses off LEO because it has been shoved down their throats.

I AM SORRY

LEO

truly i am and i for one understand your plight.

quit hiding behind your politicians (prosecuters are elected)

think for yourself

witness the healing powers and....

set yourself free...

PEACE

 

 

 

 

[bobandtorey]

Thanks Ron wears the next one with Bill and the Lawyer

[Bilbo The Grower]

I thought you had to join the dispensary to obtain meds from it? The dispensaries that I have joined required my Michigan Caregiver Registration and my Michigan driver's license. Unless they, as stated above purchased "copious amounts" (and is that legal?) of medical marijuana, how could they do this? You are only allowed to carry the legal limit in Michigan. So how could you purchase more than that amount? What's up with that?

[Marijuana Ranch]

Thanks Ron wears the next one with Bill and the Lawyer

 

 

http://wjrpodcasts.com/podcasts/paulwsmith/KomoronTeichman-102110.mp3

[tricloud]

I have never seen an instance where a cop used fake ID to buy beer/liquor...................if it looks real, who's at fault?

 

Exactly Indica. I also want to see where the law says it gives police the right to commit fraud.

[tricloud]

cops send kids into stores to buy cigerettes and beer and liquir!

I guess oakland county wants to clear up these grey area's in a much different way than the mm community wants too!

 

Peace

FTW

Jim

 

Yes they do, but they don't give the minors fake id cards to buy liquor.

[tricloud]

Alligator Mouth Bouchard on the subject...

http://wjrpodcasts.com/podcasts/paulwsmith/Bouchard-102110.mp3

 

 

 

Thanks Ron, very enlightening. Funny how the police refer to the MDCH website as a guideline instead of the law. This guy is still twisting what the law really says.

 

Nowhere in the law does it say it's not legal for a card holder to buy marijuana, nor does it say that a card holder can only legally get marijuana from their caregiver.

 

The law also has the wording primary caregiver in it. That certainly implies to me that it's not illegal to have secondary caregivers.

 

Of course certain police will stay clear of the wording they don't like.

[peanutbutter]

http://wjrpodcasts.com/podcasts/paulwsmith/KomoronTeichman-102110.mp3

This is the first time I realized something.

 

The Oakland county police destroyed evidence that may have shown innocence of the defendants.

 

The cafe had video evidence on the hard drive of their computer. The police erased it.

 

The police tampered with evidence. They did so to support their case.

[freemannabis]

I am shocked. Is it even legal for LEO to create fake patient ID cards? Does it require permission from the state or federal government for them to commit this act in which they have done? I just cannot believe that LEO would stoop to that level. I feel that what they have done is a far more serious crime than what any dispensary or compassionate care center has been accused of. What they have done has caused me to lose faith in all law enforcement. It just makes me ill that our tax dollars are being used for such nonsense. The Oakland County Sheriff's department has been found guilty of serious crimes in the past. I believe that they are the ones that need to be investigated. I also believe that entrapment is an understatement in this case.

 

I pray that the Oakland County Sherriff does not get away with this.

 

There is indeed a law on the books that provides for penalties against malfeasant and corrupt LEO, such as the criminal-minded, bogusly rogue government agents who hide behind their filthy badges in Oakland county.

 

I posted this legislation some time back; But, try as I am, I am having some trouble finding my earlier post relative to this provision of law. I will repost it as soon as I am able to locate the legislation.

 

In short, the law I am referring to provides for crooked LEOs, like those of Oakland County, to be charged with the very same criminal offense or combination of offences that the misfeasant criminal LEOs are falsly accusing a victim of the State's armed henchmen of allegedly committing.

 

In other words, when a lawless county Sherrif or Deputy Sherrif attempts to wrongfully charge any person with a felony, or any combination of felonies, that criminal-minded LEO can and rightfully must be lawfully charged, arrested and convicted with the harmful penalties with which the crooked LEO has or has attempted to impose upon his intended victim(s) of his or her alleged crimes.

 

There are, of course, other laws relative to such "dirty-deeds" caused by such evil-intentioned, crooked people including - if not especially - the armed agents who violated Michigan patient/citizen's rights in Oakland county; Particularly, the likes of clearly hatefully biased and bigoted individuals such as Mister Bouchard and his armed gang of violent perpetrators of crimes against Michigan / American citizen/patients; Such as 750.657 and 750.658.

 

http://legislature.mi.gov/doc.aspx?mcl-780-657

 

http://legislature.mi.gov/doc.aspx?mcl-780-658

 

And, aside from the laws meant to protect Michigan's citizens from police abuse and other misconduct, there is also this relatively "unknown" law which is rightfully intended to protect Michigan's "Medicinal Plants" for the people who procure healthful benefits from the use of such "Medicinal Plants".

 

http://legislature.mi.gov/doc.aspx?mcl-750-551

 

I's say it's high passsed proper time to add the wonderful, healing herb Cannabis to the list, wouldn't you say?!

 

FREE The TREE!

 

SHARE The CURE!

[freemannabis]

While this is not the legislation I am looking for, I thought that this law might be interesting to post:

 

http://legislature.mi.gov/doc.aspx?mcl-18-366

 

"equal Rights"; What a concept, eh?

 

Be FREE!

 

SHARE The CURE!

[freemannabis]

While still not what I'm searching for, perhaps this "sorta' relative" legislation may also be somewhat helpful for the many victims of police abuse and corruption:

 

STATE PERSONAL IDENTIFICATION CARD (EXCERPT)

Act 222 of 1972

 

28.293 False representation of information; violation as felony; additional violations; penalty.

 

Sec. 3. (1) A person who falsely represents information upon application for an official state personal identification card is guilty of a felony punishable by imprisonment for not less than 1 year but not more than 5 years, or by a fine of not less than $500.00 but not more than $5,000.00, or both.

 

(2) A person who is convicted of a second violation of this section is guilty of a felony punishable by imprisonment for not less than 2 years or more than 7 years, or by a fine of not less than $1,500.00 or more than $7,000.00, or both.

 

(3) A person who is convicted of a third or subsequent violation of this section is guilty of a felony punishable by imprisonment for not less than 5 years or more than 15 years, or by a fine of not less than $5,000.00 or more than $15,000.00, or both.

 

History: 1972, Act 222, Imd. Eff. July 25, 1972;¾Am. 1975, Act 307, Eff. Jan. 1, 1976;¾ Am. 1977, Act 286, Eff. Mar. 30, 1978;¾ Am. 1998, Act 2, Eff. July 1, 1998.

 

****

 

Here's the link:

 

http://legislature.mi.gov/doc.aspx?mcl-28-293

 

And, here's another law that might help - if even a little - to establish some justice for Michigan's patient-residents:

 

STATE PERSONAL IDENTIFICATION CARD (EXCERPT)

Act 222 of 1972

 

28.295a Prohibited conduct; violation as felony; penalties.

 

Sec. 5a.

 

(1) A person who makes a false representation or false certification to obtain personal information under this act, or who uses personal information for a purpose other than a permissible purpose identified in section 8 or 10, is guilty of a felony.

 

(2) A person who is convicted of a second violation of this section is guilty of a felony punishable by imprisonment for not less than 2 years or more than 7 years, or by a fine of not less than $1,500.00 or more than $7,000.00, or both.

 

(3) A person who is convicted of a third or subsequent violation of this section is guilty of a felony punishable by imprisonment for not less than 5 years or more than 15 years, or by a fine of not less than $5,000.00 or more than $15,000.00, or both.

 

 

History: Add. 1997, Act 99, Imd. Eff. Aug. 7, 1997

 

© 2009 Legislative Council, State of Michigan

 

And, here's that link:

 

http://legislature.mi.gov/doc.aspx?mcl-28-295a

 

Still looking for the other legislation I mentioned ...

 

FREE The CURE!

[freemannabis]

Again, this is still not the legislation I'm seeking; But, still, these types of laws are certainly worth exploring a bit further when looking to promote "equal rights":

 

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

 

 

750.217d False representation as registered or licensed health professional; intent; violation as felony; penalty.

 

Sec. 217d.

 

An individual who is not a health professional licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and who intentionally and falsely represents himself or herself to be a health professional licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and provides a health care treatment, procedure, or service regulated under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, to another individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

 

History: Add. 1999, Act 167, Eff. Mar. 10, 2000

 

© 2009 Legislative Council, State of Michigan

 

http://legislature.mi.gov/doc.aspx?mcl-750-217d

 

****

CANNABIS CURES - Without Fears.

 

FREE The CURE!

[freemannabis]

Perhaps, the entrapment-minded malfeasant government agents of Oakland County may be charged and convicted under this legislation:

 

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

 

750.248 Alteration, forgery, or counterfeit of public record; intent; felony; penalty; exception; venue; court order.

Sec. 248.

 

(1) A person who falsely makes, alters, forges, or counterfeits a public record, or a certificate, return, or attestation of a clerk of a court, register of deeds, notary public, township clerk, or any other public officer, in relation to a matter in which the certificate, return, or attestation may be received as legal proof, or a charter, deed, will, testament, bond, writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or an order, acquittance of discharge for money or other property, or a waiver, release, claim or demand, or an acceptance of a bill of exchange, or indorsement, or assignment of a bill of exchange or promissory note for the payment of money, or an accountable receipt for money, goods, or other property with intent to injure or defraud another person is guilty of a felony punishable by imprisonment for not more than 14 years.

 

(2) This section does not apply to a scrivener's error.

 

(3) The venue in a prosecution under this section may be in the county in which the forgery was performed; in a county in which a false, forged, altered, or counterfeit record, deed, instrument, or other writing is uttered and published with intent to injure or defraud; or in the county in which the rightful property owner resides.

 

(4) If in the proceedings resulting in a conviction under this section, or for any lesser included offense, the circuit court finds that the person made, altered, forged, or counterfeited a deed, discharge of mortgage, or other real estate document, the circuit court shall enter an order indicating that the document is invalid and requiring a copy of the invalid document and a certified copy of the order to be recorded in the office of the register of deeds of any county where the subject property is located, as provided in section 2935 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2935. If the invalid document has previously been recorded, the prosecutor shall provide the circuit court with the liber and page number or unique identifying reference number of the invalid document, which shall be included in the order. The register of deeds shall make reference to the liber and page number or unique identifying reference number of the invalid document in the index of the recorded documents. Any recording fees incurred under this subsection shall be paid as ordered by the court.

 

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.248 ;-- Am. 1964, Act 101, Eff. Aug. 28, 1964 ;-- Am. 1967, Act 64, Eff. Nov. 2, 1967 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991 ;-- Am. 2008, Act 378, Imd. Eff. Dec. 23, 2008

Former Law: See section 1 of Ch. 155 of R.S. 1846, being CL 1857, § 5802; CL 1871, § 7631; How., § 9213; CL 1897, § 11659; CL 1915, § 15432; and CL 1929, § 17048.

 

© 2009 Legislative Council, State of Michigan

 

http://legislature.mi.gov/doc.aspx?mcl-750-248

 

Still searching ...

 

FREE The CURE!

[Bisharoo]

Thanks for staying passionate and helping us other human beings here Freemannabis!

[freemannabis]

Thanks for staying passionate and helping us other human beings here Freemannabis!

 

Well, thank you! And, Ditto!

 

We're all in this together.

 

Here's some more legislation for us to arm ourselves with in our fight against government tyranny and oppression, until I find the exact law(s) I am looking for:

 

 

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)

Act 175 of 1927

 

777.11b Applicability of chapter to certain felonies; MCL 28.214 to 28.754.

Sec. 11b.

 

This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws:

 

M.C.L. Category Class Description Stat Max

 

28.214 Pub trst F Unauthorized disclosure of information from LEIN — subsequent offense 4

 

28.293(1) Pub ord E False information when applying for state ID 5

 

28.293(2) Pub ord D False information when applying for state ID — second offense 7

 

28.293(3) Pub ord C False information when applying for state ID — third or subsequent offense 15

 

28.295(1)(a) Pub ord D Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for 10 years or more 10

 

28.295(1)(b) Pub ord E Counterfeiting or forging state ID card or using counterfeited or forged state ID card to commit felony punishable by imprisonment for less than 10 years or a misdemeanor punishable by more than 6 months 5

 

28.295(2) Pub ord E Selling counterfeited or forged state ID card or possessing counterfeited or forged state ID card with intent to deliver to another person or possessing 2 or more counterfeited or forged state ID cards 5

 

28.295(5) Property H Using stolen state ID card to commit felony Variable

 

28.295a(1) Pub ord H False representation to obtain or misuse personal information 4

 

28.295a(2) Pub ord G False representation to obtain or misuse personal information — second offense 7

28.295a(3) Pub ord C False representation to obtain or misuse personal information — third or subsequent offense 15

 

28.308 Pub saf E False certification or statement in application for enhanced driver license or enhanced official state personal identification card 5

 

http://legislature.mi.gov/doc.aspx?mcl-777-11b

 

****

 

This legislation is certainly worth repeating:

 

STATE PERSONAL IDENTIFICATION CARD (EXCERPT)

Act 222 of 1972

 

 

28.295 Conduct constituting felony or misdemeanor; penalties; exceptions.

 

Sec. 5.

 

(1) A person who intentionally reproduces, alters, counterfeits, forges, or duplicates an official state personal identification card photograph, the negative of the photograph, an official state personal identification card image, an official state personal identification card, or the electronic data contained on an official state personal identification card or a part of an official state personal identification card or who uses an official state personal identification card, image, or photograph that has been reproduced, altered, counterfeited, forged, or duplicated is subject to 1 of the following:

 

(a) If the intent of reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense that is a felony punishable by imprisonment for 10 or more years, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.

 

(b) If the intent of the reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense that is a felony punishable by imprisonment for less than 10 years or a misdemeanor punishable by imprisonment for 6 months or more, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a felony punishable by imprisonment for not more than 5 years, or a fine of not more than $10,000.00, or both.

 

© If the intent of the reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense that is a misdemeanor punishable by imprisonment for less than 6 months, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

 

(2) A person who sells or possesses with the intent to deliver to another a reproduced, altered, counterfeited, forged, or duplicated official state personal identification card photograph, negative of the photograph, official state personal identification card image, offical state personal identification card, or electronic data contained on an official state personal identification card or part of an official state personal identification card, or who possesses 2 or more reproduced, altered, counterfeited, forged, or duplicated official state identification card photographs, negatives of the photograph or photographs, image or images, official state identification card or cards, or electronic data contained on official state identification card or cards, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

 

(3) A person who is in possession of an altered, counterfeited, forged, or duplicated official state personal identification card photograph, negative of the photograph, official state personal identification card image, official state personal identification card, or electronic data contained on an official state personal identification card or part of an official state personal identification card is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

 

(4) A person shall not steal or, without the cardholder's permission, knowingly take or knowingly remove an official state personal identification card from the person or possession of another. A person shall not use an official state personal identification card that is stolen or knowingly taken or knowingly removed from the person or possession of another. Except as provided in subsection (5), a person who violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year.

 

(5) A person shall not use an official state personal identification card in the commission of a felony if the card is stolen or knowingly taken or knowingly removed from the person or possession of another. A person who violates this subsection is guilty of the penalties provided for the felony committed with the use of the card.

 

(6) Subsections (2) and (3) do not apply to a person who is in possession of 1 or more photocopies, reproductions, or duplications of an official state personal identification card or part of an official state personal identification card to document the person's identity for a legitimate business purpose.

 

(7) Subsections (1)(a) and (b) and (2) do not apply to a minor whose intent is to violate section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.

 

History: Add. 1977, Act 286, Eff. Mar. 30, 1978 ;-- Am. 1984, Act 335, Eff. Oct. 1, 1985 ;-- Am. 2004, Act 149, Eff. Sept. 1, 2004

 

© 2009 Legislative Council, State of Michigan

 

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http://legislature.mi.gov/doc.aspx?mcl-28-295

 

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