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Does An Expired Card Provide Section 4 Protections?

peanutbutter

By peanutbutter
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t-pain
t-pain

supreme court ruled (or oral arguments?) you cannot add words to the act. a card is a card, valid or expired. just like a drs rec, it does not expire for the purposes of section 8. likewise a drs re

CaveatLector Advanced Member

CaveatLector

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Is there a rule that states a patient has no protections at all once the card expires?

 

Is there a rule that states judges can remove protections on a case by case basis?

There need not be a rule that states the pt has no protections once the card expires. The law, within the definition I posted above, gives sec. 4 protections to registered qualifying pts. As already stated you are no longer a registered qualifying pt once the card expires. Therefore you lose sec 4 protection.

 

You need to define what you mean by a "judge can remove protections." We already discussed the probation issue. Restorium discussed the rest. So what exactly are you asking?

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peanutbutter Advanced Member

peanutbutter

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Did someone compare it to alcohol? If so in what context?

 

It ran something like "For instance, a judge can set a bond condition where the defendant must refrain from alcohol. That kind of thing is done all the time."

 

The most damage, done to the patients of Oakland county, are those that have discovered that this medicine is the ONLY medicine that helps them. When the court removes the medicine from them, it drives them into physical suffering.

 

This law is supposed to protect patients from THIS SYSTEM.

 

This, seems to me, is physical torture in the effort to get the patient to cop a plea. And in direct action against the law itself.

 

In Oakland county, they have done what they could to throw away the entire act. To strip the people of the protections this law affords. OF COURSE a judge will say that they themselves have the right to do that. So yes, it happens all the time.

 

Patients NEED to be protected from the abuse of what this system is ABLE to dish out.

Edited by peanutbutter
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phaquetoo Advanced Member

phaquetoo

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Might be the case.

 

The law says if the person gets a doctors letter and file for a card .. the card then gets issued if XY and Z have been fulfilled.

 

Then a judge says that's not true for this patient.

 

When does a judge get to over ride a law?

No judge says such pt or c.g gets caught selling to some one they are not connected to thru the registry, you break the law, the state takes your card and can give you upto a 2k fine! and or jail time, it dont matter if your card is expired or not at that time, you card says when you get it and when it expires, if you do not get your renewel before card expires you paper work for renewel is you card again, unless they send you a denial letter!

 

Peace

Jim

 

edit= equals you can lose your card for selling to some one not connected to you in the registry

Edited by phaquetoo
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CaveatLector Advanced Member

CaveatLector

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Oakland county sucks peanut. No doubt about that.

 

Judges put people on probation every day and forbid them from using ANY narcotics (including prescribed meds). I've seen it many times. So no need to compare this to alcohol. Most of the time it is a drug case. Any other time people should bring a motion to change conditions of probation. Bring in the doc and explain the need. Pain in the arse? Heck yes. But so if having a suspended license, etc. Moral of the story--your life will be a pain in the arse if you are convicted of something.

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peanutbutter Advanced Member

peanutbutter

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Judges put people on probation every day and forbid them from using ANY narcotics (including prescribed meds). I've seen it many times. So no need to compare this to alcohol.

 

Cannabis is not alcohol and it is not prescription drugs.

 

Cannabis has it's own distinct law. And it over rides anything written about alcohol or prescription drugs.

 

Currently cannabis has been managed in the same way as these other things. I believe the law itself forbids that kind of thing. That cannabis is unique. Which seems safe to say as it has it own unique law.

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CaveatLector Advanced Member

CaveatLector

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Cannabis is not alcohol and it is not prescription drugs.

 

Cannabis has it's own distinct law. And it over rides anything written about alcohol or prescription drugs.

 

Currently cannabis has been managed in the same way as these other things. I believe the law itself forbids that kind of thing. That cannabis is unique. Which seems safe to say as it has it own unique law.

No it doesn't. A judge can forbid use while on probation or parole. Plain and simple. Freedom of travel is a constitutional right. A judge can still restrict it while you are on probation/parole. There is no absolute right to use cannabis.
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peanutbutter Advanced Member

peanutbutter

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No it doesn't. A judge can forbid use while on probation or parole. Plain and simple. Freedom of travel is a constitutional right. A judge can still restrict it while you are on probation/parole. There is no absolute right to use cannabis.

 

The laws that structure probation or parole: Does the MMMA over ride those laws?

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CaveatLector Advanced Member

CaveatLector

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THE CODE OF CRIMINAL PROCEDURE (EXCERPT)

Act 175 of 1927

 

 

771.3 Probation; conditions; entry of order into LEIN; costs as part of sentence of probation; compliance as condition of probation; revocation of probation; fees in delayed or deferred entry of judgment or sentencing.

 

Sec. 3.

(1) The sentence of probation shall include all of the following conditions:

(a) During the term of his or her probation, the probationer shall not violate any criminal law of this state, the United States, or another state or any ordinance of any municipality in this state or another state.

The laws that structure probation or parole: Does the MMMA over ride those laws?

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peanutbutter Advanced Member

peanutbutter

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THE CODE OF CRIMINAL PROCEDURE (EXCERPT)

Act 175 of 1927

 

 

771.3 Probation; conditions; entry of order into LEIN; costs as part of sentence of probation; compliance as condition of probation; revocation of probation; fees in delayed or deferred entry of judgment or sentencing.

 

Sec. 3.

(1) The sentence of probation shall include all of the following conditions:

(a) During the term of his or her probation, the probationer shall not violate any criminal law of this state, the United States, or another state or any ordinance of any municipality in this state or another state.

 

Is this a federal or state law?

 

Doesn't the MMMA over power that, if what you quote is a state law?

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CaveatLector Advanced Member

CaveatLector

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Is this a federal or state law?

 

Doesn't the MMMA over power that, if what you quote is a state law?

State law. But remember that the MMA (per the COA) does not decriminalize the use of marijuana. It merely gives you immunity from prosecution. So if you are using then you are still engaging in criminal activity under state as well as federal law.

 

Probation is an alternative to jail. A judge can attach any restriction on activity that you would otherwise experience in jail. You cannot use mmj in jail per the MMA.

 

Undoubtedly you are going to try and assert section 7 as a way around this. That isn't likely to work for many, many reasons that require significant analysis to explain. I don't have the time to do that right now. Could it work? Maybe, depending on the judge. More than likely you will find yourself sitting in jail while you try and litigate/appeal the intent of the phrase, "inconsistent with this act."

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Dr. Bob Advanced Member

Dr. Bob

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This is a rather silly question. Of course Section 4 doesn't apply any more if the card is expired.

 

What has been done is to take an expired card and use it as the basis for a Section 8 defense. That has a little logic behind it.

 

Bottom line, you participate in the registry and jump through the hoops, including renewing your card, if you want Section 4 protection. Otherwise you go through the legal crap shoot of a Section 8 defense.

 

I believe the lawyers here would agree with this line of reasoning, if not, I am sure they will explain why it is not the case.

 

Dr. Bob

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peanutbutter Advanced Member

peanutbutter

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So the jail warden disallowing you to use marijuana constitutes torture?

 

The inside of a correctional institution is not a protect area per the MMMA.

 

So not a wrongful withholding. I suppose that you could say that parole is an extension of the prison. I would counter with the MMMA specifies the location itself,not the legal condition.

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Dr. Bob Advanced Member

Dr. Bob

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The inside of a correctional institution is not a protect area per the MMMA.

 

So not a wrongful withholding. I suppose that you could say that parole is an extension of the prison. I would counter with the MMMA specifies the location itself,not the legal condition.

 

You don't have a right to use cannabis. Understand this and I believe your question is answered.

 

Dr. Bob

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