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

[t-pain]

http://articles.petoskeynews.com/2013-03-01/odor-of-raw-marijuana_37378395

Traffic stop results in possession of marijuana charge

 

• Troopers initiated a traffic stop around 10:30 p.m. Monday for a vehicle with a broken taillight on M-23 in Cheboygan County.

 

Troopers state they observed a plastic bag of suspected marijuana inside the vehicle.

 

The driver, a __-year-old man, reportedly produced a valid Michigan Medical Marijuana card and was informed he was in violation of not transporting the marijuana in a secured lockbox or area not accessible to the driver.

 

He was arrested and issued a citation for possession of marijuana and cited for driving with an expired license plate.

 

Troopers issued verbal warnings for no proof of insurance and for having a broken taillight.

 

 

 

http://articles.petoskeynews.com/2012-03-20/marijuana_31217395

State Police Beat: Marijuana in abundance found inside speeding vehicle

Two people were cited for possession of marijuana, and a third is facing possible possession charges after troopers initiated a traffic stop of a speeding vehicle around 2:10 p.m. March 12 in Charlevoix County.

 

Troopers stopped a 2007 Hummer with Florida plates that was allegedly traveling at 74 mph in a 55 mph speed zone on US-131 near Boyne Mountain Road in Boyne Valley Township.

 

Troopers stated they could smell the odor of raw marijuana when the driver, a 73-year-old Englewood, Fla., man, rolled down the window of the vehicle.

 

The driver was issued a citation for speeding and was then advised by troopers they could smell marijuana inside his vehicle. The subject then allegedly admitted to having a small amount of marijuana, which he handed over to police.

 

When asked if there was any other marijuana in the vehicle, a 52-year-old Davison woman seated in the rear of the vehicle stated she had a bag of marijuana in her purse. The woman stated she was a medical marijuana caregiver and produced two cards, one of which was expired.

 

At this time, the front seat passenger, a 58-year-old Englewood, Fla., woman, reportedly pulled a bag of marijuana out from her purse and handed it over to officers.

 

The driver and his front seat passenger were both issued citations for possession of marijuana and reports indicate authorities were requesting charges of possession with intent to deliver marijuana against the back seat passenger.

 

The incident remains open pending prosecutor review.

 

 

http://articles.petoskeynews.com/2012-02-17/michigan-medical-marijuana_31073603

State Police Beat: Feb. 18 February 17, 2012

 

Traffic stop yields marijuana, hashish

 

Troopers from the Gaylord Michigan State Police (MSP) post initiated a traffic stop of a 1997 Buick on northbound I-75 in Bagley Township around 3:32 p.m. Sunday.

 

Reports indicate the vehicle was stopped for a window obstruction violation and when contact was made with the driver troopers stated they could smell the odor of marijuana and observed two packages of rolling papers inside the vehicle.

 

After talking to the driver, a female from Royal Oak, the subject allegedly admitted there was marijuana in the vehicle.

 

Troopers then interviewed a vehicle passenger, a male from Pleasant Ridge, who allegedly admitted to having a glass jar with marijuana inside the container.

 

He reportedly produced a Michigan medical marijuana card, which had expired on Feb. 1, 2012. The subject also produced a Michigan medical marijuana caregiver card with an expiration date of March 1, 2012.

 

The male subject reportedly stated the couple were on their way to Boyne Highlands, and he did not have any “patients” of his who would be in the area.

 

A search of the vehicle reportedly resulted in the seizure of four suspected bags of marijuana, one bag of suspected hashish and a marijuana pipe.

 

The female driver was issued citations for possession of marijuana and window obstruction.

 

Her passenger was issued a citation for possession with intent to deliver marijuana and transported to the Otsego County Jail where he was lodged pending arraignment.

 

The incident remains open pending review by the Otsego County Prosecutor’s office.

 

http://articles.petoskeynews.com/2012-12-28/state-police-beat_36041798

Driver allegedly under influence of marijuana

 

• A 25-year-old Lowell man was stopped by troopers around 8 p.m. Dec. 22 for allegedly swerving into the oncoming lane of US-131 near Mitchell Street in Petoskey.

 

When troopers made contact with the driver, they stated they observed a small wooden bowl with suspected marijuana and a plastic bag on the ledge of the speedometer.

 

A second bag of marijuana was seized during a search of the vehicle, but officers noticed the suspected marijuana in the bowl was missing.

 

The driver allegedly stated he had eaten the marijuana because he believed he was going to be arrested. During the interview process, the driver produced a medical marijuana card that troopers indicated had expired.

 

The driver was administered a number of sobriety tests, including a preliminary breath test with a result of .018.

 

He was then arrested for possession of marijuana and operating under the influence of a controlled substance and transported to the Emmet County Jail where he was lodged.

 

 

http://articles.petoskeynews.com/2012-06-22/drunk-driver_32373033

Medical marijuana card

holder charged with

smoking pot in public place

 

• While conducting a property check at the parking lot behind Glen’s Market North in Emmet County’s Bear Creek Township around 11:30 p.m. Tuesday, troopers stated they could smell the odor of burnt marijuana from a parked vehicle.

 

After making contact with owner of the vehicle, a 22-year-old Wolverine man who was walking in the parking lot, troopers were informed by the subject that he had a medical marijuana card.

 

The man allegedly told officers he had shared some of his marijuana with a friend, a 21-year-old Petoskey man, who was nearby.

 

The subject was informed he could not smoke marijuana in a public place and was arrested for violation of the Medical Marihuana act. His friend was arrested for possession of marijuana.

 

 

http://www.petoskeynews.com/gaylord/news/crime/city-beat-customs-enforcement-notified-after-drunk-and-disorderly-arrest/article_7add4256-47f1-11e3-a905-0019bb30f31a.html

Mancelona man cited for transporting open alcohol, marijuana

 

• Officers made a routine traffic stop around 6:15 p.m. Sunday on South Otsego Avenue near Main Street.

 

According to reports, when officers contacted the driver, a 37-year-old Mancelona man, they found an open beer can in the vehicle. Further investigation determined that although the subject had a medical marijuana card, he was illegally transporting marijuana.

 

The subject was arrested for transporting open intoxicants and for improperly transporting marijuana.

 

He was cited and released.

 

 

http://www.themorningsun.com/article/MS/20130531/NEWS01/130539895

Lansing, medical marijuana, $650 fine and costs.

[t-pain]

https://www.facebook.com/hillsdalecommunitynews

Hillsdale County Sheriff’s Department Sheriff Stanley Burchardt Undersheriff Roger Boardman

Complaints: June 18, 2015

Osseo, MI. Arrested for improper transport. A $500 bond with 10% allowed was posted.

 

http://www.ourmidland.com/police_and_courts/supplier-in-overdose-incident-sentenced-to-prison/article_84903d8f-d6a9-5248-9ee6-957bbd9a46d5.html

In handing down the sentence, Carras noted _______ not only showed up to court under the influence, but also garnered additional charges for improper transportation of medical marijuana while this case was pending.

 

a law that doesnt even apply to patients affects sentencing in another case.

[t-pain]

http://www.masoncountypress.com/2015/07/10/79th-district-court-arraignments-include-resisting-police-aggravated-stalking/

 

Custer, was arrested July 5 by MSP for misdemeanors of possession of marijuana; second-offense driving while license suspended (DWLS); and improper transport of medical marijuana. Pretrial: July 27 at 9:45 a.m. Bail: $3,500/10 percent.

 

http://www.truenorthradionetwork.com/index.php/2015/07/07/two-arrested-on-weapons-drug-charges-at-jewel-lake-in-barton-city/

A passenger, _____ of Harrisville was also arrested for carrying a concealed weapon. In addition, he is facing charges of resisting/obstructing police, improper transport of medical marijuana and transport of open intoxicants in a motor vehicle.

[t-pain]

http://shylerlaw.com/improper-transportation-180/

June 26, 2015 Improper Transportation of Marijuana, Medical Marijuana

 

A Shyler Engel, PLLC client was charged with Improper Transportation of Medical Marijuana contrary to MCL 750.474. The prosecutor originally made the client the following deal: a conviction, testing probation, and fines and costs. We filed a motion arguing that the Improper Transportation statute could not be applied against a medical marijuana patients and that the Improper Transport statute was unconstitutionally enacted. The prosecutor then offered to see what the judge thought. At the end of deliberations, the client was offered a deal to pay $180 to dismiss the complaint against him. He took the deal, has no conviction against him, paid his fine, and has moved on without any probation or drug testing.

[trichcycler]

he was setting precedent for all of us at a very low cost imo. Great advertising stunt! we need more of these types. Seems attorney fees  stand between us and

real justice sometimes. that sucks!

Edited July 31, 2015 by grassmatch

[t-pain]

did the papers stop reporting improper transport tickets?

from these arrest and court records, it seems like its still going on.

 

heres one from january

http://digitize.gp.lib.mi.us/digitize/newspapers/gpnews/2015-19/2015/2015-01-29.pdf

 

No sale

 

A man high on medical marijuana was arrested last weekend for operat­ing a motor vehicle while under the influence of drugs, according to police.

 

A patrolman spotted him at 12:15 a.m. Friday, Jan. 23, walking from the front lawn of a house in

the 300 block of Kercheval, marked “For sale,” to a car parked on Kercheval, blocking the

driveway.

 

“(He) informed (me) that he was on his way home from getting coffee in St. Clair Shores and stopped to copy down the phone number for the house for sale,” said the officer. “(I) observed his eyes to be bloodshot and glassy.”

 

Officers searching him and the car, which report­ edly smelled of mari­juana, found three partially burnt marijuana cigarettes and a package of the drug weighing 3.5 grams combined.

 

The man had a medical marijuana card and admitted smoking the drug earlier that evening. In addition to the driv­ing allegation, officers charged him with improper transportation of medical marijuana.

 

some recent arrest reports:

 

jailbase record (url has patient name in it)

Booked By Macomb County Sheriff's Office

Booked Date Jul. 13, 2015

Charges: • Medical marijuana - improper transportation in a vehicle

 

another jailbase:

Booked By Macomb County Sheriff's Office

Booked Date Apr. 17, 2015

Charges: • Medical marijuana - improper transportation in a vehicle

 

Booked By Macomb County Sheriff's Office

Booked Date Jan. 23, 2015

Charges: • Medical marijuana - improper transportation in a vehicle

 

 

 

https://opencourtrecords.org/MI/61st-District-Court/2015-SM-0000238

03/21/2015 Medical Marijuana-Improper Transportation in a Vehicle

05/11/2015 Motion to Dismiss, Brief in Support of Motion, and Notice of Hearing filed by Atty Engel.

[t-pain]

more transport arrests, tickets, probation, court moo poo, community service... making whoopee legalize it already huh?

 

http://msc.mihomepaper.com/news/2015-06-10/Court_News/District_Court.html

 

Snover. Improper transport medical marijuana. 6 months probation. 39 hours community service in lieu of $350. $415 fines & costs.

 

Croswell. Improper transport of medical marijuana. 6 months probation. $415 fines & costs.

 

 

http://msc.mihomepaper.com/news/2015-05-13/Court_News/District_Court.html

Port Sanilac. Attempted improper transport medical marijuana. 6 months probation. $315 fines & costs.

Port Sanilac. Attempted improper transport medical marijuana. 6 months probation. $315 fines & costs.

Peck. Attempted improper transport medical marijuana. $225 fines & costs.

[Restorium2]

more transport arrests, tickets, probation, court moo poo, community service... making whoopee legalize it already huh?

Quasi legalization is going to fix the transport problem? You sure? I think it could possibly make it worse.

[t-pain]

still arresting people in august for improper transport.

 

http://sanilaccountynews.mihomepaper.com/news/2015-08-12/Court_News/District_Court.html

Birch Run. Allow suspended person to drive, improper transport of medical marijuana. $620 fines & costs.

 

and july:

http://sanilaccountynews.mihomepaper.com/news/2015-07-29/Court_News/District_Court.html

Sandusky. Attempted improper transport medical marijuana. 6 months probation. $515 fines & costs.

 

more days in jail.

http://sanilaccountynews.mihomepaper.com/news/2015-04-15/Court_News/District_Court.html

The following people have been sentenced or bound over to circuit court in 73A District Court in Sanilac County:

Croswell. Attempted improper transport of medical marijuana. 15 days in jail. 6 months probation. $15 fines & costs.

 

every week more improper transports

http://sanilaccountynews.mihomepaper.com/news/2015-07-22/News/District_Court.html

Croswell. Attempted improper transport medical marijuana. 3 months probation. $270 fines & costs.

Port Huron. Improper transport medical marijuana. 6 months probation. $515 fines & costs.

Shelby Township. Improper transport medical marijuana. $515 fines & costs.

 

http://www.masoncountypress.com/2015/08/14/79th-district-court-sentencings-and-dismissals-7-busted-in-sting-operations-for-selling-tobacco-to-minors/

Custer Township, was found guilty Aug. 4 of possession of marijuana and driving while license not valid. She was sentenced to two days in jail with credit for two days served; driver’s license suspended one year/restricted after 60 days; $225 in fines and costs; one year discretionary jail for two years for count 1; 90 days discretionary jail for two years for count 2; no alcohol/drugs; and subject to random preliminary breath tests (PBTs) and drugs tests. One count of second-offense driving while license suspended (DWLS) and one count of improper transport of medical marijuana were dismissed.

 

was this person a patient or not? i do not know..

 

 

http://www.masoncountypress.com/2015/06/19/79th-district-court-sentencings-and-dismissals-6/

Ludington, was found guilty June 9 of possession of marijuana. He was sentenced to four days in jail with credit for four days served; 90 days discretionary jail for one year; Soberlink for one year; must have a substance abuse evaluation and follow recommendations; no alcohol/drugs; $600 in fines and costs; and subject to drug testing. If he obtains a medical marijuana card, he must provide proof to the court. Conviction reportable to SOS.

 

Ludington, was found guilty June 15 of improper plates/failure to transfer. He was sentenced to 90 days discretionary jail for one year and $175 in fines and costs. One count of improper transport of medical marijuana was dismissed.

[t-pain]

http://www.truenorthradionetwork.com/index.php/2015/10/05/19-year-old-alpena-man-pleads-guilty-to-drug-possession/

A young Alpena man will be sentenced later this month for possession of ecstasy and improper transport of medical marijuana.

 

, was pulled over on Werth Road in January after an alert officer noticed he wasn’t wearing a seat belt.

 

A subsequent search of his vehicle turned up four ecstasy pills and an unknown quantity of medical marijuana.

 

Apparently it was legal for ____ to have the pot, but it was inside a backpack in the back seat. It should have been securely locked up in the trunk.

 

___ has no prior record except a couple of minor in possession of alcohol offenses. He is expected to be sentenced under the terms of the Holmes Youthful Trainee Act (HYTA), which means the charges could be reduced or dismissed at the end of his probationary period.

 

 

 

 

http://browncitybanner.mihomepaper.com/news/2015-07-06/News/District_Court.html

Deckerville. Improper transport of medical marijuana, using marijuana. 12 months probation. 67 hours community service in lieu of $600. $955 fines & costs.

 

http://sanilaccountynews.viewnewspapers.net/news/2015-03-04/Court_News/District_Court.html

Carsonville. Attempted improper transport of medical marijuana. 6 months probation. $515 fines & costs.

 

http://www.cadillacnews.com/other_story/?story_id=1825352&year=2015&issue=20150313

of St. Clair Shores, was ordered to pay $125 after pleading guilty to improper transport of medical marijuana.

 

 

http://www.lansingstatejournal.com/story/news/local/community/2015/09/28/clinton-sheriff-report-septtwentyeight/72971992/

Wednesday, Sept. 23

A subject from Holland was arrested for improper transport of medical marijuana.

 

http://www.lansingstatejournal.com/story/news/local/community/2015/06/29/clinton-sheriff-report-junetwentynine/29461955/

Friday, June 26

A subject from Lansing was arrested in Bath Twp. for improper transport of marijuana.

 

http://www.lansingstatejournal.com/story/news/local/community/2015/05/26/clinton-sheriff-report-maytwentysix/27960867/

A subject from Lansing was arrested for operating under the influence of drugs and for improper transport of marijuana during a traffic stop in DeWitt Twp.

[t-pain]

looks like someone needs to forward a transcript.

[t-pain]

http://www.houghtonlakeresorter.com/news/2015-08-13/Court_News/82nd_District_Court.html

Gaylord, illegal transport of medical marijuana: $225 in fines, costs or restitution.

 

http://www.houghtonlakeresorter.com/news/2015-09-03/Court_News/82nd_District_Court.html

Traverse City, illegal transport of medical marijuana: $225 in fines, costs or restitution.

 

http://www.houghtonlakeresorter.com/news/2015-08-27/Court_News/82nd_District_Court_001.html

Flint, illegal transport of medical marijuana: $395 in fines, costs or restitution.

Laingsburg, illegal transport of medical marijuana: $225 in fines, costs or restitution.

 

http://www.houghtonlakeresorter.com/news/2015-08-06/Court_News/82nd_District_Court.html

Clarkston, allowing a suspended person to drive and illegal transport of medical marijuana: $455 in fines, costs or restitution and the conviction was reported to the Secretary of State.

 

http://www.houghtonlakeresorter.com/news/2015-05-21/Court_News/82nd_District_Court.html

St. Helen, illegal transport of medical marijuana: $335 in fines, costs or restitution.

 

http://www.houghtonlakeresorter.com/news/2015-04-30/Court_News/82nd_District_Court.html?print=1

Houghton Lake, illegal transport of medical marijuana: $263 in fines, costs or restitution.

 

http://www.houghtonlakeresorter.com/news/2015-02-05/Court_News/82nd_District_Court.html

Grayling, illegal transport of medical marijuana: $225 in fines, costs or restitution.

[+Malamute]

The Police and courts are shameless.

[ozzrokk]

The Police and courts are shameless.

 

As shameless as it gets. They will get the scum by any means necessary

[trichcycler]

if the prosecutor didn't follow through with these frivolous infractions none of them  would be taking place. cops doing what cops bosses tell them to do, bosses be having no part of it ?  I wonder if any of them are like the millions working a job they don't enjoy ?

 

the ones that do enjoy violating human rights=pigs

[t-pain]

some more i dug up.

 

http://shylerlaw.com/another-improper-transport-dismissed/

August 19, 2015

 

A Shyler Engel, PLLC client was charged with Improper Transportation of Medical Marijuana contrary to MCL 750.474. On the first day of court, our office had already filed and set the matter for a motion hearing. The prosecutor didn’t even put up a fight. Our client client was offered a dismissal in exchange for impeding traffic, which amounts to nothing more than a $165 fine. No conviction. No jail. No probation. No testing.

 

https://www.facebook.com/BrownAssociatesLegalServicesPllc/posts/610663445611579

Brown & Associates, Legal Services, PLLC

June 6, 2013 ·

 

A client of mine was recently ticketed for "improper transportation of marijuana". I was unaware of this new statute and for those of you that this may apply to please read and take heed.

 

Transporting Marijuana in Michigan

 

A new marijuana law that impacts the rights of medical marijuana patients under the Michigan Medical Marihuana Act (MMMA) MCL 333.26421 took effect on April 1st of 2013. The new law is called “Transporting or Possession of Usable Marihuana.” MCL 750.474.

 

This law is similar to the laws regarding transporting firearms in Michigan. If your automobile has a trunk, the marijuana must be placed in the trunk within a closed container. A “case” is not defined by MCL 750.474 or MCL 333.26423. Using the ordinary definition of case, the marijuana should be transported in a closable box, chest, or suitcase. In the future, the courts will define exactly what a “case” means under this statute. To prevent yourself from being charged with this crime and becoming a test case for this statute, carry the marijuana within something that resembles a box, preferably something that closes and locks. I would not carry the marijuana inside a plastic bag within the trunk, or within a mason jar within the trunk. This may seem like overkill, but it only takes one disgruntled prosecutor to charge this crime, best to take every precaution to avoid a real headache. The reason for a closable box, chest, or suitcase becomes more evident where the automobile doesn’t have a trunk. In these cases, the marijuana is located within the confines of the passenger compartment. The intent of this law is to prevent easy access to an intoxicating drug while the car is moving. A secondary intent could also be to prevent marijuana disclosure to the public. So within a station wagon car, the best location for the marijuana would be the furthest point from the driver. The marijuana should be hidden, or within a closable box, chest, or suitcase, so that it isn’t readily visible from someone walking next to the car looking within the car. If you carry the marijuana within a jar, people walking by could spot it. Again, the best approach is to transport the marijuana in a closable box, chest, or suitcase, away from public view.

 

http://abc10up.com/gladstone-man-will-serve-time-for-lying-to-peace-officer/

was sentenced to two days in jail each for improper transportation of marijuana in a vehicle and possession of a firearm under the influence. Since he was credited with two days served on each of those charges, those two sentences are now behind him.

 

http://www.themorningsun.com/article/MS/20130819/NEWS02/130819499

Perrinton, improper transportation of marijuana, two days in jail, fined $500, or serve 30 days in jail.

 

http://www.themorningsun.com/article/MS/20130701/NEWS01/130709973

Burt, improper transportation of marijuana, one day in jail, fined $500 or serve 20 days in jail; violation of restricted license, one day in jail, fined $400 or serve 15 days in jail.

 

http://www.springsteadbartish.com/blog/transporting-medical-marijuana-law-can-trip-up-medical-marijuana-users/#more-924

 

Transporting Medical Marijuana Law Can Trip Up Medical Marijuana Users

 

Springstead Bartish & Borgula Law has recently handled a number of cases where medical marijuana users were charged with violating the state of Michigan’s new Improper Transportation of Marijuana Law.  The new law, called “Transporting or Possession of Usable Marihuana” took effect on April 1st of 2013.  This marijuana law  impacts the rights of medical marijuana patients under the Michigan Medical Marihuana Act (MMMA) MCL 333.26421.

 

This law as requiring any and all marijuana when transported in motor vehicle must be carried in the trunk of the vehicle or enclosed in a case that is not readily accessible form the interior of the vehicle. If your automobile has a trunk, the marijuana must be placed in the trunk within a closed container. This law applies to you if you are the driver or simply a passenger in the vehicle.  Thus, if you are transporting marijuana in your car, it must be kept in the trunk in a case.  The law does not define whether a baggie would suffice.  Most prosecuting attorney's offices and law enforcement hold the opinion that this law also applies to medical marijuana possessed by a certified medical marijuana card holder.  Accordingly, they are prosecuting violations of this law even against those who possess a legitimate medical marijuana card and who have otherwise complied with the Medical Marijuana Act.  Springstead Bartish & Borgula Law suggests to err on the side of caution and put the marijuana in a case or box – preferably one that locks. If your vehicle does not have trunk (such as a motor cycle or single cab pick up truck), that is still not an excuse.  You still need to transport the marijuana outside of the passenger compartment of the vehicle enclosed in a case.  For pick up trucks – get a truck box.  If you are riding a motor cycle or moped, get the bike equipped with a locked storage device.  Do not keep you marijuana in the glove box, console, or on your person while driving or riding in an automobile.  

 

If you are a medical marijuana user who has been charged with this offense, an argument should be made that this new law conflicts with the Medical Marijuana Act at MCL 333.26423(f) and thus does not apply to medical marijuana card holders.  In <i>People v Koon, </i>494 Mich 1; 832 NW2d 724 (2013), the Michigan Supreme Court affirmed the language of MCL 333.26427(e) by saying “[w]hen the MMMA conflicts with another statute, the MMMA provides that “[a]ll other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.””  Also, MCL 333.26423(f) contains the definition of “medical use”.   Among the list of protected activities in this definition is “possession” and “transportation”.   It is clear that the language of statute MCL 750.474 conflicts with the MMMA.  As a consequence, MCL 750.474 is superseded by the MMMA and does not apply to the medical use of marijuana.

 

 

However, a more prudent course of action is to simply take the necessary steps to avoid being charged at all.

 

http://www.ourmidland.com/police_and_courts/district_court/district-court-news-for-sunday-june/article_57d8816b-459b-5b47-9e11-4888974c5abd.html

East Miller Road, improper transportation of marijuana and allowing DWLS on Nov. 7, 93 days in jail with all but 30 days suspended and credit for one day, $1,175 fines and costs (MC).

[t-pain]

http://licatalawgroup.com/illegal-transportation-medical-marijuana/

 

Oct 26

Illegal Transportation of Medical Marijuana

 

I recently had a client who was charged with illegal transportation of marijuana. He has his medical marijuana card and can legally possess the marijuana. The marijuana was in his glove box. A new law just recently came down that makes such transportation of medical marijuana illegal and law enforcement are using this more and more to arrest legal card members.

 

http://www.ourmidland.com/police_and_courts/district-court-news/article_86e60bf3-acfb-52b0-b92f-7d4b544c38cb.html?mode=story

Kentwood Drive, illegal transport of marijuana on Oct. 10, $100 fines and costs (SC).

[Highlander]

The irony: most of the courts know this statute has an issue by now, and more and more are treating it as an infraction instead of a crime. The Court of Appeals ruling will likely cause them to start treating it as a crime again, at least whenever they feel like it. It may need to go to the Supreme Court to be resolved.

 

During the time the court of appeals upholds the constitutionality, will the Legislature try to pass more laws to modify the MMMA with 50% votes or other statutes to modify the MMMA by reference?

Do you think maybe this is because the courts don't have to split revenue (fines and forfiture) with the state depending on the charge agreed-to?

 

For example, LEO might write a ticket for impeding traffic rather than a speeding ticket. This might make the speeder super-happy, but al lot of police departments rely on ticket revenue. If LEO writes an impeding ticket, the fine stays in the local LEO community. If he writes a speeding ticket, his department would split seized fines with the circuit court and/or district judges and/ or drug task forces.

 

It a deflated political football.

Edited November 1, 2015 by Highlander

[t-pain]

http://www.oceanacountypress.com/2014/10/09/78th-district-court-arraignments-4/

Muskegon, was arrested Sept. 19 by MSP for misdemeanors of operating under the influence of drugs; illegal transport of medical marijuana; possession of marijuana and no operator’s license. A pretrial is set for Nov. 4 at 3:15 p.m. Bail: $3,500/cash/surety/10 percent cash.

[t-pain]

so it may stick for a bit after they get done with it.

Is that too pessimistic?

it will stick until some lawyer sues for wrongful arrest, prosecutorial misconduct, etc etc

[Wild Bill]

If LEO writes an impeding ticket, the fine stays in the local LEO community.

 

ex·tor·tion

ikˈstôrSH(ə)n/

noun

noun: extortion; plural noun: extortions

the practice of obtaining something, especially money, through force or threats.

synonyms: blackmail, shakedown;

formal exaction

[Alphabob]

Unfortunately, most attorneys are unwilling to fight back for clients who were victimized by this unconstitutional law. This is mostly due to the protections that officers, prosecutors and judges receive from most civil litigations. The law can say we’re protected from any and all penalties associated with medical use, yet an officer or judge can violate this and impose penalties without repercussion (even before trial). The only justice I can imagine is going after the ones who are spreading false information about this law to local and state police departments (good luck proving that).

In addition, at least some police departments or cities are initially targeting cardholders with the transport law (state law), but then charging them with possession of marijuana and paraphernalia (local laws) to keep ticket profits. This is what happened to me earlier this year in Troy. They illegally confiscated my medication, my bowl and then charged me with three bogus misdemeanors before finally letting me drive back home. Had my card, documents and was below 10% of the allowed limit. ACLU won’t even touch these cases, even if you get all the charges dropped.

[t-pain]

http://www.masoncountypress.com/2015/11/13/79th-district-court-arraignments-45/

Victory Township, was arrested Nov. 3 by MCSO for a felony of second-offense possession of marijuana, along with misdemeanors of improper transport of medical marijuana; unlawful use of a license plate; no operator’s license on person; and operating without insurance. Probable cause hearing: Nov. 18 at 3 p.m. Bail: $3,500/10 percent.

 

Custer Township, was arrested Nov. 3 by MCSO for a misdemeanor of improper transport of medical marijuana. Pretrial: Dec. 7 at 9:30 a.m. Bail: $1,500/10 percent.

 

same guy, heres the citation in sept 25 and the conviction in nov 2nd.

http://www.oceanacountypress.com/2015/10/21/78th-district-court-arraignments-34/

Mears, was cited Sept. 25 by the Michigan State Police (MSP) for a misdemeanor of improper transport of medical marijuana. Pretrial: Oct. 28 at 10:15 a.m. Bail: $2,500/personal.

 

http://www.oceanacountypress.com/2015/11/06/78th-district-court-sentencings-44/

Mears, was found guilty Nov. 2 of improper transport of medical marijuana. He was sentenced to 93 days discretionary jail to ensure compliance with court orders; credit for time served if imposed; and $400 in fines and costs.

 

http://www.ourmidland.com/police_and_courts/district_court/midland-county-district-court-news/article_7a54c449-983d-5767-be93-351a46148fef.html

Flint, improper transportation of medical marijuana on May 13, 93 days in jail held in abeyance with credit for one day, $975 fines and costs, six months probation, may not use or possess drugs or alcohol, subject to random drug and alcohol screening, may not enter bars, six month sentence delay (MC).

 

Flint, improper transportation of medical marijuana on May 13, 93 days in jail held in abeyance with credit for one day, $500 fines and costs, six months probation, may not use or possess drugs or alcohol, subject to random drug and alcohol screening, six month sentence delay with dismissal at the end if successful (MC).

[+Malamute]

Ugh...

[t-pain]

http://www.masoncountypress.com/2015/11/27/79th-district-court-arraignments-include-csc-firearms-charges/

Pere Marquette Township, was arrested Nov. 16 by MCSO for misdemeanors of operating while intoxicated; improper transport of medical marijuana; and open intoxicants in a motor vehicle. Pretrial: Jan. 25 at 11 a.m. Bail: $5,000/10 percent.