Is Sanilac County Leading The State In Illegal Transport Mcl 750.474 Tickets?

[blackhorse]

Moved post.

 

Edited December 22, 2016 by blackhorse

[+Malamute]

Read the law.  Its pretty fukn clear about it.

[blackhorse]

Read the law.  Its pretty fukn clear about it.

I removed the post as it was in wrong section.

[+Malamute]

All good...

 

 

But might as well post the law here too for later purposes. The previous transport law is dead(for now), and this is the new transport law that covers marihuana infused products only:

 

 

333.26424b.added Transporting or possessing marihuana-infused product; violation; fine.

 

Sec. 4b.

 

(1) Except as provided in subsections (2) to (4), a qualifying patient or primary caregiver shall not transport or possess a marihuana-infused product in or upon a motor vehicle.

 

(2) This section does not prohibit a qualifying patient from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the person from whom the marihuana-infused product was received, and date of receipt.

 

(3) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle if the marihuana-infused product is accompanied by an accurate marihuana transportation manifest and enclosed in a case carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is enclosed in a case and carried so as not to be readily accessible from the interior of the vehicle. The manifest form must state the weight of each marihuana-infused product in ounces, name and address of the manufacturer, date of manufacture, destination name and address, date and time of departure, estimated date and time of arrival, and, if applicable, name and address of the person from whom the product was received and date of receipt.

 

(4) This section does not prohibit a primary caregiver from transporting or possessing a marihuana-infused product in or upon a motor vehicle for the use of his or her child, spouse, or parent who is a qualifying patient if the marihuana-infused product is in a sealed and labeled package that is carried in the trunk of the vehicle or, if the vehicle does not have a trunk, is carried so as not to be readily accessible from the interior of the vehicle. The label must state the weight of the marihuana-infused product in ounces, name of the manufacturer, date of manufacture, name of the qualifying patient, and, if applicable, name of the person from whom the marihuana-infused product was received and date of receipt.

 

(5) For purposes of determining compliance with quantity limitations under section 4, there is a rebuttable presumption that the weight of a marihuana-infused product listed on its package label or on a marihuana transportation manifest is accurate.

 

(6) A qualifying patient or primary caregiver who violates this section is responsible for a civil fine of not more than $250.00.

[+Malamute]

Sec 3 (f) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCL 289.1101 to 289.8111.

 

 

Because I know people will ask.

 

The new transport law does not include "Usable Marihauna" either:

 

Sec 3(n) "Usable marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.

[t-pain]

MDOC released its report of 2016 charges of who was in jail for what. note this does not cover city/county jails iirc.

http://www.michigan.gov/documents/corrections/MDOC_2016_Statistical_Report_599836_7.pdf

 

750.474 Medical Marihuana - Improper Transportation MISD

Total
39

Prison 

(none)

Jail

13

Jail Probation 

10

Probation 

11

Other 

5

 

if you were a medical marihuana patient with patient/cg card who was arrested / jailed for 750.474 you have an easy case for $$$$ wrongful arrest/prosecution to sue the locality. contact a lawyer immediately!