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My Caregiver Got Raided, What Are My Rights?


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#1 GQSmooth528

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Posted 12 March 2011 - 04:10 PM

My caregiver got raided and the police confiscated everything except premature plants. I need to know if i have any legal rights to my medication that got confiscated. Do i have the right to go to the police department to get my plants and meds? And if not, how is it legal for them to take something of mine without returning it? My caregiver had all of his legal paperwork for his plants but still had it taken and he has not been charged with a crime.

#2 Retta

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Posted 12 March 2011 - 04:20 PM

Good luck with that, I don't think I would walk into a police station and ask for my marijuana back.

#3 bobandtorey

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Posted 12 March 2011 - 04:27 PM

My caregiver got raided and the police confiscated everything except premature plants. I need to know if i have any legal rights to my medication that got confiscated. Do i have the right to go to the police department to get my plants and meds? And if not, how is it legal for them to take something of mine without returning it? My caregiver had all of his legal paperwork for his plants but still had it taken and he has not been charged with a crime.



Well am no Lawyer but Marihuana to be returned they will never do it with out a lawyer on your side i/we are still waiting for are plants to be returned
i do hope the best for him and you

good luck

#4 thanks2

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Posted 12 March 2011 - 04:34 PM

Well usually the cops can take anything they want, Michigan law sucks. But our law says they can not take anything from a caregiver or patient. So a medical patient and caregiver have more rights than the common citizen. Your caregiver will have to post bond for everything taken in the next ten days, I think. I know it is not a long time. Also he/she needs to make sure they are not filing claim on his house or other property to be seized. He/she needs to get a lawyer yesterday. Since you have an interest in the property, you can file claim, but you will need a lawyer to do that. I think there is a similar time frame of around ten days from the raid. You should contact someone like Mike Komorn or Matt Abel or another Medical Marijuana lawyer. It is not a good situation and it will be like swimming up river.

Edited by thanks2, 12 March 2011 - 04:38 PM.


#5 rockinlespaul

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Posted 12 March 2011 - 04:39 PM

I would go right to the police station and demand my meds back immediately!










































Not......

#6 solabeirtan

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Posted 12 March 2011 - 04:46 PM

Call them up and ask them anyway. Before you actually go in to pick them up, here's a few tips:

#1 File change caregiver form where you are allowed to posses plants.
#2 Make copies of all
#3 Go to post office get reciept and mail forms reg mail, inc $10.
#4. If you're still feeling frisky, go for it.

Sorry for you-alls bad luck. A lot would have to do with the circumstances. Was there a warrant, what are the charges, was he legal or how much, whats up with his status, how much is it worth? If he has a good case , dont be shy , demand your rights, ...

Welcome to the site !

ps 20 20 hindsight, even though I believe you would be 100% legal at this point and within your rights, have someone ready to post bond, jic. Usually $500 for possession of 'marihuana' . Your call . Remember I'm not a lawyer, though I do understand this law fair lee well,

Edited by solabeirtan, 12 March 2011 - 04:58 PM.


#7 EdwardGlen

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Posted 12 March 2011 - 06:27 PM

What county, city, when, Do you have access to medication now? Is there someone you can call if you don't? How well do you know your caregiver?

The loss of our civil rights is the only side affect of medical marijuana that I'm aware of.

I feel for you I really do but I don't think you have much of a chance to get your property back

Oakland County has an epidemic of people dieing of heroin over doses and yet medical marijuana patients and caregivers are getting arrested.

Ed



My opinion is not that of The Michigan Medical Marijuana Association its members or advertisers- I am not an attorney

#8 pic book

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Posted 12 March 2011 - 06:50 PM

I have to list this raid with the raid of big Daddy's Dispensary in which the sherrif took $2800 (in value) and filed no charges. The list's name is the "Record of Involuntary Contributions to the Furtherance of Illegal Law Enforcement Activities." If Jim Razor, BD's Atty and a Royal Oak City Council member who has condemned the raid gets (and so far has gotten no redress for Big Daddy's), Who TF are you to think you can do better than (Big Name Heavily Connected) Jim Razor? Sorry bud (and it's unfair) but the history of these actions is that you got no buds comin'.

The township, city, county, date of the raid, please?

#9 GQSmooth528

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Posted 12 March 2011 - 07:37 PM

What county, city, when, Do you have access to medication now? Is there someone you can call if you don't? How well do you know your caregiver?

The loss of our civil rights is the only side affect of medical marijuana that I'm aware of.

I feel for you I really do but I don't think you have much of a chance to get your property back

Oakland County has an epidemic of people dieing of heroin over doses and yet medical marijuana patients and caregivers are getting arrested.

Ed



My opinion is not that of The Michigan Medical Marijuana Association its members or advertisers- I am not an attorney

it was in wayne county sumpter township and no i dont have access to meds, been without for a week and it has been rough. My caregiver was my wife's brother and we had an agreement where i didnt have to pay for meds and am on a fixed income so no money to buy meds. if i could find someone who is willing to work out a similar deal to what i had with him i would change caregivers but i dont think that will happen. i have had 3 back surgeries and a metal cage in my back and refuse to take pain pills so the medication is all i use for pain. have been miserable since this happened.

#10 bobandtorey

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Posted 12 March 2011 - 07:45 PM

it was in wayne county sumpter township and no i dont have access to meds, been without for a week and it has been rough. My caregiver was my wife's brother and we had an agreement where i didnt have to pay for meds and am on a fixed income so no money to buy meds. if i could find someone who is willing to work out a similar deal to what i had with him i would change caregivers but i dont think that will happen. i have had 3 back surgeries and a metal cage in my back and refuse to take pain pills so the medication is all i use for pain. have been miserable since this happened.


is he inn jail? because it's his job to get Meds for you i would ask him

#11 bobandtorey

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Posted 12 March 2011 - 07:53 PM

I have to list this raid with the raid of big Daddy's Dispensary in which the sheriff took $2800 (in value) and filed no charges. The list's name is the "Record of Involuntary Contributions to the Furtherance of Illegal Law Enforcement Activities." If Jim Razor, BD's Atty and a Royal Oak City Council member who has condemned the raid gets (and so far has gotten no redress for Big Daddy's), Who TF are you to think you can do better than (Big Name Heavily Connected) Jim Razor? Sorry bud (and it's unfair) but the history of these actions is that you got no buds comin'.

The township, city, county, date of the raid, please?



At Big daddy's their have been no charges yet you are right about that but it will stay with him , me, and anyone else that it happens to for a life time and that is the worst feeling that most people don't understand

#12 Kingdiamond

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Posted 12 March 2011 - 09:41 PM

Law enforcement hates us and everything we stand for if i were you id write the raid off as a loss going to the police stations outs you as a patient and now your caregivers on the same list. :notfair:

Personally id start over with a new caregiver or grow my own and before i get flamed we do not live in a perfect world where people in power allow the will of the voters be the law of the land we live in a world where law enforcement the courts and politicians violate rights with little to no worries of the repercussions that will follow from law suits . :growl:




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