Logic And Common Sense?

[peanutbutter]

Nice. You are almost there, old friend.

 

It is the word "kept", that I am leading up to.

 

The plants need be "kept" in the enclosure only when a person (or people) who is (are) not authorized to access the plants, is around.

 

When you are alone (or with a qualifying patient), you may remove the plants to your dining room table for pruning, out to your deck for spraying, or anywhere else where you are not violating the underlying condition that the plants may be accessed by an un-authorized person.

 

This is what the framers of the law intended by wording section 7 the way they did.

 

The problem is that this is kinda uncharted waters.

 

When presented with making a legal defense, you want to focus on what is most likely to work.

 

Not that I'm thinking about another approach. Just that it is likely to meet resistance.

[t-pain]

Sorry about that. It is Shelia Johnson, not Brenda Johnson.

 

well if you called her brenda the whole time, no wonder she was so against your case!

 

i only kid with you because i care. hehe

[Timmahh]

I would put a copy of the Act and the Recent MSC ruling in his hands via Certified Mail. If he still doesnt speak to you afterwards, it is obvious he only plans to offer you plea deals. I would make it known in no undue terms you will NOT accept any plea deal... period. Force him to understand you are going to see a Jury, Or he can work WITH YOU and get the charges dismissed, otherwise, you will fire him.

JM2C.

[AmishRnot4ganja]

Another interesting section of the law states that no one can be prosecuted merely for being in the presence of the medical use of marijuana. So, if no one can get in trouble for merely being in the presence of medical marijuana, then it seems that the only reason to lock the stuff up is so that no one can steal it. It seems logical to conclude that if someone is going to steal your medical marijuana while you are present, then mere locks on a door will not prevent them from doing the same thing when you are not present. So, the question boils down to: What is the reason for the locked, secure facility requirement? What will locks do to prevent theft that you yourself could not do in person? Are you not a "security device" when you are present? The original judge in the King case used this line of reasoning to dismiss the original charges against King.

[t-pain]

i got a reply from shelia johnson or her people

 

my response to your question is that as a judge, I do not write laws and it is inappropriate for me to have a specific opinion and allow that opinion to affect how I would decide an issue involving the law. My job is to uphold the law as it is written by the legislature. With the Michigan medical marijuana law, I regularly up hold the provision of that statute as implemrnted by the legislature. Thank you for your inquiry.

 

is she saying that the legislature created the mmma? does she have any idea what a peoples initiative is?

[Herb Cannabis]

i got a reply from shelia johnson or her people

 

 

 

is she saying that the legislature created the mmma? does she have any idea what a peoples initiative is?

 

You have caused me a little sleep, but I got it done. I sent this email to all three judges. Thanks for the inspiration. I am going to send the same email to the republican candidates tomorrow.

 

Dear Judge ________,

 

My first question is how does one view a peoples initiative in Michigan and secondly, how will you apply the law when a case involves a peoples initiative?

 

Thank you for your time and consideration in this matter. Your answers will enable me to make an informed decision on November 6, 2012.

 

Respectfully,

 

I will let you know what kind of response(s) I get.

[Joel]

Let's see. I heard her say that marijuana causes lung cancer, destroys brain cells, and is addicting. She said it in open court.

[Restorium2]

Let's see. I heard her say that marijuana causes lung cancer, destroys brain cells, and is addicting. She said it in open court.

Close. Cannabis destroys old lung cells so that you don't get lung cancer, it's called sluffing. And it's as addicting as donuts. It's her cocktails that are destroying brain cells, as she displays regularly in public.

[Joel]

It's pretty addicting. My bond states I cannot smoke it, so I have not had any since August 29th. My prescription opiate consumption has increased ten fold, and I am unable to participate in anything resembling physical activity (the opiates are far inferior to the MM at controlling my pain). I have gained nearly forty pounds as a result. Addicting my arse!

 

I have also gone back to using a cane, and have asked my son to bring down the walker I used when I had my knee replaced. My right knee is really paining me.

[Fat Freddy]

i got a reply from shelia johnson or her people

 

 

 

is she saying that the legislature created the mmma? does she have any idea what a people's initiative is?

 

Apparently she does not know the difference. Maybe she needs to be quoted what the Sct stated in its ruling about the difference.

As a side note: Addicting my arse, I use it only when I am in extreme pain. The pain level brings tears to my eyes and all I can do is beg God for mercy.

It amazes me that we still have such narrow minded people in positions of power and authority. What really gets me is the fact she is so uninformed that I wonder how she made it through college. Is she up for reelection?

Edited October 19, 2012 by Fat Freddy

[Joel]

She is running for the Michigan Supreme Court. I, for one, do not think she belongs there.

[Fat Freddy]

She is running for the Michigan Supreme Court. I, for one, do not think she belongs there.

 

Nods in agreement

[bobandtorey]

 

 

 

"if the judge and prosecutor block your ability to mention medical marijuana.." - Correct me if I am wrong, but didn't the Mi Sup Ct tell us in the King/Kolanek ruling of May 31, 2012, that we have a right to an affirmative defense? I'm sure that they did and Joel will be able to mention medical marijuana.

 

Jury nullification is another story all together.

 

Wrong it is still up to the judge if you can even get it to a jury and or say the words medical

[Wild Bill]

Any word on how things are working out for Joel?

[bobandtorey]

No but I can guess not good most don't come back here to post when they plea out

If he would have won he would be here Bragging to us all

[Kingpinn]

King did not have an "enclosed locked facility". He was relying on that crappy chain link fence, and that doesn't do it.

 

If you really want to grow outdoors, have an "enclosed locked facility" indoors. Keep your plants there at night. This is to be their "permanent home".

 

Every morning, bring them outdoors, fenced, unfenced, it matters not. This is their temporary placement.

 

At night, bring them in and put them in their "permanent home".

 

It may take a court case or two until the language of the law knocks some prosecutorial arse, but like it or not. my interpretation will eventually prevail.

I had a indoor grow and that was my temp place to grow so where you coming from with the crappy remark the temps were getting down in the 30's at night then so get our facts first MR CRAPPY. People really love to run their pie holes when they don't even have the facts Edited February 19, 2013 by Kingpinn

[Restorium2]

I had a indoor grow and that was my temp place to grow so where you coming from with the crappy remark the temps were getting down in the 30's at night then so get our facts first MR CRAPPY

How much of what happened do you figure was some sort of a grudge on you from previous problems? (I'm asking)

[Kingpinn]

To late, but, I doubt they will charge me. I could be wrong, but I broke no current laws (I was within the numbers as well). I was working in my facilities therefore, they were not locked. At least I still have the Sec 8 def, thank you Mr. King and the MSC.

No Problem Herb. Just another day in the life of a super hero

[Kingpinn]

Another interesting section of the law states that no one can be prosecuted merely for being in the presence of the medical use of marijuana. So, if no one can get in trouble for merely being in the presence of medical marijuana, then it seems that the only reason to lock the stuff up is so that no one can steal it. It seems logical to conclude that if someone is going to steal your medical marijuana while you are present, then mere locks on a door will not prevent them from doing the same thing when you are not present. So, the question boils down to: What is the reason for the locked, secure facility requirement? What will locks do to prevent theft that you yourself could not do in person? Are you not a "security device" when you are present? The original judge in the King case used this line of reasoning to dismiss the original charges against King.

Correct amish 4 you go to the head of the class

[Kingpinn]

How much of what happened do you figure was some sort of a grudge on you from previous problems? (I'm asking)

You mean when they planted marijuana in my garbage 2002 I'm sure it had a bearing on the matter. But I proved i was a innocent railroaded victim then too. Its all public record. No probation no community service no AA meeting just a 1800 dollar fine and they used that charge with this charge to make it a felony Edited February 19, 2013 by Kingpinn

[bobandtorey]

You mean when they planted marijuana in my garbage 2002 I'm sure it had a bearing on the matter. But I proved i was a innocent railroaded victim then too. Its all public record. No probation no community service no AA meeting just a 1800 dollar fine and they used that charge with this charge to make it a felony

 

They can't do that can they?

[Kingpinn]

OMG is that KINGPINN in the road standing alone against the likes of Bill Schutte and company what a super hero this KINGPINN must be Edited February 20, 2013 by Kingpinn

[maxmax]

I was saving my 400th post for something really big, and you're it! Please Joel don't give up, I'm in the same situation as you are may be even worse, you see, I'm dying of cancer and I love life as much or more than any I know. You should too, you have a partner who loves you, you can't give up. Being together is most important, what will happen to her with out you in the picture. Don't desert her, she needs you as much as you need her. You also need good supporting friends and that is what we do here - right folks?

 

Look, I have been brainstorming what to do since I was visited 11 days ago. I don't know exactly what to do, but some of the things I have considered are writing (even though I have the ability of an donkey with 4 left hooves) letters to the editors, blogs, news outlets TV, Radio and Print, just anywhere I can find to submit what I wrote. I have sent emails requesting stories from my friends that I could use in an open mike nite setting. I even volunteered at the county democratic headquarters to help out. You never know who you might meet and befriend. We simply must do something and giving up is not an option.

 

See reply by phaquetoo to Request for Information, here is the link: http://michiganmedicalmarijuana.org/topic/41085-request-for-information/page__st__20. It is the 24th reply to that thread, near the bottom of page 2. In here he mentions something about a sidebar with attorney Matt Abel - I don't know what this means, PM phaquetoo and ask him to explain, I did.

 

Know this also, if you meet the requirement of sec 8a(1), 1) You must have a doctors recommendation before the alleged violation, 2) You must be in possession of no more marijuana than is needed to treat your condition and 3) You must be using the Marijuana to treat your qualifying condition, then they must dismiss your charges. Please don't quote me for facts on these conditions, do your own research. Please read all of the Request for information post, they gave me a few good ideas - the most important of which is that I don't believe that I will serve jail time. It also contains some important links to Mi Sp Ct rulings that are full of good information that I hope will make you feel better. I would hope that even a court appointed attorney could get the charges dropped with out to many problems and hopefully not a lot of money.

 

Another thing that I have been considering is the fact that you are in control of your destiny, perhaps you could just use a court appointed for technical advice while representing your self. I don't know, but it's a thought. I have been told that they are supposed to do what you tell them as they work for you. Can you imagine a pissed off court appointed, is he really going to help you? Would he help you even if he isn't upset with you? I don't know, but there are some sort of guide lines he must follow.

 

Last thing I want to say is if you give up, they win and you and your family lose.

 

This crap makes me sad, we must get together and figure out how to stop it as fast as we can.

 

PM me if you just feel like talking, I've got lots of time as I no longer have my garden nor the will to begin anew - at this time. I'm sure the light at the end of tunnel can't be to far away and I'll begin again.

 

Good luck.

 

real good post here

 

you should be having classes at Compassion club it would help teach Patients how the Process

works and may stop them from pleading out and Give them confidence you could be someone like

a PA but you would be on their side

[maxmax]

OMG is that KINGPINN in the road standing alone against the likes of Bill Schutte and company what a super hero this KINGPINN must be

that is how I feel you should have a Metal for what you do

does anyone have one that knows how to post a metal for KINGPINN on this site

[t-pain]