Having Ccw/being A Patient

[marcus8795]

does anyone know the law???

[trix]

I know I have heard the answer from my local LEO, and Judge already but hearing the facts from a lawyer is the best route. cause if you base this answer off your 'rights', per the MMMA law you will discover a poor outcome, (IMO). call Michael, should have a answer for you in a few minutes.. Good luck

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

3000 Town Center, Suite, 1800

Southfield, MI 48075

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com

Website: www.komornlaw.com

 

Trix

[bobandtorey]

does anyone know the law???

 

It's legal if you got the bucks $$$

[stopgo]

Exactly how much can you afford to pay your lawyer? People keep asking these questions about guns and meds together. Bottom line is that law enforcement is going to be significantly more aggressive if they know you have weapons then if you don't pose that threat to them. I just would't want to see this raid/arrest go down. Please be smart about it. If your asking this question to get the legal answer call a lawyer, but chances are you already know the best course of action.

[sknkwrks]

this topic has come up several time and all i can say is leave well enough allone. sometimes looking for an answer can lead you to trouble. I have a lawyer in the family and he is in very big support of medical marijuana he also teaches the ccw class in his area and is on his way to getting his mmj card and holds a ccw as well I have asked him this same question several times and he has not come across anything that says that you can not have one with with the other. but his best advice is follow the ccw laws to the T you can not drink and have your pistol or take other drugs/medication and have your pistol so dont use your mmj and carry and if ya can dont transport your medication and have your pistol with you. Dont think for one minute that the cops are gonna be understanding and listen to anything you say. they are gonna assume that you are using your pistol to protect your drugs and thats what they will say not your medication your drugs.take that for what it is and do what you wish but as uncle lawyer said to me and i carry as well "do you want to be the first person to find out what will happen if the cops stop you and you have your pistol and marijuana"

[trix]

There's no dispute that Its not against the law to have a CCW,or posses a firearm, and be a PT or a CG.

 

But what is illegal is Manufacturing Marijuana, not possessing Marijuana, but manufacturing/cultivating it.

 

By growing your 12 allotted plants per PT, you by [Federal] Law are committing a felony [Manufacturing Marijuana]. This is the part where that makes the firearm not legal any more permit or not.

 

The Michigan State Court systems are not recognizing the the MMMAct thus making it a felony to grow pot, and be in possession of ANY firearm. See the Michigan gun safety control act," Anyone in possession of a firearm while in the act of committing a felony {Manufacturing Marijuana], is felony-firearm."

 

"uncle lawyer said to me and i carry as well "do you want to be the first person to find out what will happen if the cops stop you and you have your pistol and marijuana"

 

I don't know if you have seen this yet I posted in a similar thread, but this is addressed in a C.O.A case..I'm being tried for this crime ONLY because my gun was simply in my house, LEO said I'm growing that makes it a felony to have a gun. So your uncle the lawyer won't be the first person to find out.

 

Small excerpt from the C.O.A, on the subject. http://coa.courts.mi..._298065.OPN.PDF

 

Defense Counsel. Another crime you have to pay attention to, and the judge is going to read to you, is possession of marijuana. And I want you to be very careful. Possession of marijuana is totally different from manufacturing marijuana . Manufacturing marijuana, the judge will tell you, is a felony.

Prosecutor. Objection, your honor.

 

Trial Court. Sustained.

 

Defense Counsel. Possession of marijuana—the judge will give you different crimes and, therefore, one crime she’s going to read to you is the instruction which is [sic] possession of marijuana. And if for some odd reason you feel someone possesses marijuana while in possession of a gun, that is not felony-firearm. . . . I want to make sure you understand possession of marijuana, while having a gun, is not felony-firearm. And that you have to have the gun in your possession in furtherance of the crime, to make it a felony-firearm. In rebuttal, the prosecutor did not mention possession of marijuana, but reiterated, “if you decided you are going to manufacture marijuana and have guns you’re guilty of felony-firearm.”

Finally, the trial court clearly instructed the jury that they must find that defendant “committed or attempted to commit the crime of manufacture of marijuana” in order to convict defendant of felony-firearm. The court also instructed the jury, “It is not necessary, however, that the defendant be convicted of [the crime of manufacture of marijuana].”Thus, the jury was not presented with confusing information regarding what was required.

 

Just thought I'd share that, cause its B.S get legal only to be arrested for your constitutional right to bear arms its a catch 22. they will win every time with this section of the law all by itself... more people own guns then cable T.V.

 

Trix