"just Having A Medical Card Keeps Me From Being Arrested" You're Wrong!

[MiMedical]

This case shows a few bad examples, but in the first paragraph it says a card does not protect you for having a MMJ card.. This case won't help our cause, first paragraph sums it up, Prove it to the police or get arrested! 

 

People of Michigan Vs Hartwick

 

Or was it because he allowed the police officers in his house?

What exactly went wrong?

 

Defendant appeals the trial court’s order that (1) held that he was not entitled to immunity 

under § 4 of the Michigan Medical Marihuana Act (MMMA)1

 and (2) denied defendant’s request 

for dismissal under § 8 of the MMMA and his request to present the § 8 defense at trial. For the 

reasons set forth in this opinion, we affirm. 

I. NATURE OF THE CASE 

 Defendant, who was arrested for illegally growing and possessing marijuana, holds a 

registry identification card under the MMMA, MCL 333.26421 et. seq. He claims that mere 

possession of the card entitles him to: (1) immunity from prosecution under § 4 of the MMMA, 

and, in the alternative, (2) an affirmative defense under § 8 of the MMMA. The trial court 

rejected defendant’s theory and instead held that defendant was not entitled to immunity under § 

4, and that he had not presented the requisite evidence to make an affirmative defense under § 8. 

 We uphold the trial court, and fully explore defendant’s specific arguments that his 

possession of a registry identification card automatically immunizes him from prosecution under 

§ 4 and grants him a complete defense under § 8. We reject these arguments because they ignore 

the primary purpose and plain language of the MMMA, which is to ensure that any marijuana 

production and use permitted by the statute is medical in nature, and used only for treating a 

patient’s debilitating medical condition. See People v Kolanek, 491 Mich 382, 394; 817 NW2d 

 

 

[phaquetoo]

Im sorry I reread this a few times,  It mentions manufacturing and possesion of mm and not letting you use the s4 defense and you have to use the s8,

 

so just one question,,,do you have a pt card  or a c.g card or a pt/c.g card or a pt card with maintain grow rights and no c.g or with c.g?

 

sorry did i say one question?  I ment one sentence.

 

bottom line what card or cards do you have?

 

Peace

[MiMedical]

Thats what I'm talking about,How did they (Oakland) get away with all of this manipulating of the MMMA? I mean wow, wtf.

Unless I'm reading something wrong here

CG's will now have to know the following:

1)(make sure his/her patients will be willing to testify)

2) Will need to know the Patients medical back ground to prove a "Debilitating Condition"

3) How much MMJ do they use? Dose, Method etc.

4) Name of thier Certifying Dr.'s

5) Strains that best meet the patients debilitating conditions (dose,method,amount)

6) Must know the amount of MJ necessary to treat patients debilitating condition for a Sec 8 defense

7) Must know that their patients DO INFACT have a Bona fide relationship with their Dr stating the likelihood of theraputic or palliative benefit from the use of Medical marijuana

8) and of course, Prove that you have an amount of marijuana NO MORE than is reasonably necessary for medical use....

 

that's just for starters! Sounds like they want to put so much weight on CG's that no one will want to be a CG and force the PTs elsewhere..

[phaquetoo]

Ok, take a deep breath and give me a clue as to what you are talking about?

 

1, is it the house bills that are not law yet

 

2. is it about the pharmacy bill that dont mean schit unless the feds reschedual to a #2, which prob wont happen in my life time.

 

3. a court case?

 

What is you are complaining about? you dont have any links, just a copy and paisted bunch of !@#$

 

After you say what this is realy about, I bet you get some comments and insight.

 

Peace

 

edit= sorry, a link to the case will help, and how did this person become engaged with leo! blah blah blah,,,,all I can read is a few paragraphs that is all one sided and not how the defendent or what the defendants role in this was/is

Edited January 8, 2014 by phaquetoo

[bobandtorey]

Thats what I'm talking about,How did they (Oakland) get away with all of this manipulating of the MMMA? I mean wow, wtf.

Unless I'm reading something wrong here

CG's will now have to know the following:

1)(make sure his/her patients will be willing to testify)

2) Will need to know the Patients medical back ground to prove a "Debilitating Condition"

3) How much MMJ do they use? Dose, Method etc.

4) Name of thier Certifying Dr.'s

5) Strains that best meet the patients debilitating conditions (dose,method,amount)

6) Must know the amount of MJ necessary to treat patients debilitating condition for a Sec 8 defense

7) Must know that their patients DO INFACT have a Bona fide relationship with their Dr stating the likelihood of theraputic or palliative benefit from the use of Medical marijuana

8) and of course, Prove that you have an amount of marijuana NO MORE than is reasonably necessary for medical use....

 

that's just for starters! Sounds like they want to put so much weight on CG's that no one will want to be a CG and force the PTs elsewhere..

Thanks for fighting the good fight

 

and yes thats how they want it to be but you can tell others that until your blue in the face if only we could tell others what we both already know 

 

But i do believe things are getting better then they where 5 years ago with a card  or a Recommendation  i guess my point is just because someone is sick and has many pages of medical records won't help if a judge doesn't let them in 

 

it's still a 50/50 chance if someone is caught growing cannabis and thats not what i voted for 

[MiMedical]

Oh yes, It was people Vs Hartwick http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20131119_C312308_44_312308.OPN.PDF

 

As stated above, and no one is complaining, just educating, make sure CG's know what to collect from their patients.

[phaquetoo]

wtf? so it says c.gs need to know all of what the dr. knows about c.g's pt and the law only protects the dr.'s,,did I actualy read that right?  I read the whole thing, I cant even begin to beleive what I just read,

 

Ok you probably cant tell the whole story of how this got to court in the first place (other than its oakland county and thats about enough for me)  I would have never let them in my house, I dont care who has had good visits from cops that knock and ask, and here is a perfect example of why I wouldnt.

 

was there 71 plants plust the 71 clones or plants in styro foam cups?

 

I wouldnt go over 50 plants either way, I feel stupid telling you that though lol!

 

It said the grow room door was not locked and their were plants in other parts of the house, it never said how much weight was in the shoe box or jars.or was that what they ment by 3. something oz's

 

man im fricking lost, I cant begin to comprehend what is going on in this case!  It just dont make sense!

 

every one beware, act like you are not legal, wow unbeleivable!

 

what the phaq does bonafied pt/dr relationship have to do with this!  a dr. cant tell the c.g about the pts ailgments or how much or what kind of mm to give pt, and a dr. does not prescribe mm they give a cert saying it may help with pt's condition!

 

Thanks for putting up the link!

 

Peace

[MiMedical]

That's what I'm saying, who was his lawyer to boot. I couldn't believe what I had read, it's so far out of the PA to go soooooo far, that it made a legal guide for newbie prosecuters to accidentally get a conviction.. Where is a lawyer when you need one to make English out of this.. Can a PA or can he not, use this for future cases?

[trichcycler]

absolutely ridiculous I agree. however, "we" DEMANDED our herb be recognized as "medicine", and "medicine" comes with a whole list of checks and balances and we all know its gonna be a tough sell for almost anyone, "admittedly"addicted to a schedule 1 drug, to be able to hold a permit to produce the "medicine" almost anywhere in their house, trailer, or rental.  

 

we shouldn't be surprised that those facts are being used to further oppress us in this venture.  You are not allowed to sell your tomatoes, rabbits, chickens, lettuce or most other consumables without proper checks and permits granted by the gub'ment, let alone "medicine" for the sick right?

wtf? so it says c.gs need to know all of what the dr. knows about c.g's pt and the law only protects the dr.'s,,did I actualy read that right?  I read the whole thing, I cant even begin to beleive what I just read,

 

Ok you probably cant tell the whole story of how this got to court in the first place (other than its oakland county and thats about enough for me)  I would have never let them in my house, I dont care who has had good visits from cops that knock and ask, and here is a perfect example of why I wouldnt.

 

was there 71 plants plust the 71 clones or plants in styro foam cups?

 

I wouldnt go over 50 plants either way, I feel stupid telling you that though lol!

 

It said the grow room door was not locked and their were plants in other parts of the house, it never said how much weight was in the shoe box or jars.or was that what they ment by 3. something oz's

 

man im fricking lost, I cant begin to comprehend what is going on in this case!  It just dont make sense!

 

every one beware, act like you are not legal, wow unbeleivable!

 

what the phaq does bonafied pt/dr relationship have to do with this!  a dr. cant tell the c.g about the pts ailgments or how much or what kind of mm to give pt, and a dr. does not prescribe mm they give a cert saying it may help with pt's condition!

 

Thanks for putting up the link!

 

Peace

[trichcycler]

soon we'll be up to our ears with these types of requirements, and retire to growing for just ourselves. The record keeping alone is beginning to steer me away. when will HIPPA let us know that stuffing files and emailing back and forth is now a violation of our patients rights? When will they require us to pay for HIPPA Compliancy classes?  Again, a step towards keeping needed therapy from the sickest in our communities .

if people weren't dying and going to jail for this crap it would seem surreal to me.

[t-pain]

heres more on people v hartwick

http://www.rockindlaw.com/4481/blog/making-an-abyss-out-of-a-molehill-neil-rockind-discusses-the-trial-court-opinion-in-people-v-hartwick/

http://www.rockindlaw.com/4466/blog/the-wretched-aftermath-of-hartwick-and-section-4-immunity-neil-rockind-analyzes-the-court-of-appeals-opinion-in-people-v-hartwick-in-regards-to-333-26424/

 

just another court of appeals ruling that will be reversed in the supreme court.

another for the pile of bad court of appeal rulings.

[Chauncy Gardner]

And above the fray stands Colorado. One of two (?) states that have decided to can all the BS and let it be. Go Colorado!

 

They are going to show all the stuffed shirts that, contrary to their own inflated opinions of themselves, they are full of sh*t.

[MiMedical]

Keeping a one on one CG and PT relationship is great to do, it wouldn't be difficult for a 110% drivin legit "for the patients needs" like alot of great CG/growers do, but for them to get a quick conviction for somthing like that just blows my mind, maybe some CG's have been running a tight ship and have bent over backwards (like most do around here) for their pt's needs, records, strain hunting, cooking, oils and so forth.. We're all for that, but that's a true, pharmacist/Dr./horticulturist/cook/chemist. They deserve to be the next, CNN Hero on t.v for 2014.. Round of applause everyone! Standing ovation nation wide. Hands down.

[bobandtorey]

And above the fray stands Colorado. One of two (?) states that have decided to can all the BS and let it be. Go Colorado!

 

They are going to show all the stuffed shirts that, contrary to their own inflated opinions of themselves, they are full of sh*t.