Misdemeanor Possession Charge

[f4ll3n]

I was wonder if i am eligible for section 4 or section 8. I currently had my renewal yesterday. my last card was expired. anyway I was away to the VA hospital and i recently got home i had old fan leaves still on my floor and about a gram and a half of usable medicine still in my grow room. i was starting to clean out my entire house and started on my grow room. anyway i was sitting here and i had cps and the police here. had complaints up the donkey for crazy stuff so i complied and talked with them and they wanted to do a walk through of my house which was spotless besides my grow room. once the cop did a walk through of the room he gave me a citation for a possession charge. i am shitting bricks because i have been out of trouble for a few years and never had any possession charge before in my life when i got home from Iraq i was a mess and in trouble for frivolous things mostly to do with drinking and i really don't want to see this judge agian granted i don't drink but still. I wasn't trying to break the law.

[phaquetoo]

It sounds like alot was left out of your side of the story!  how about you tell us there side of the story!  Im not saying any one is right or wrong, im just saying something is missing for them to mess with you if your cards are upto date and you didnt have anything growing and no usable more than gram or two?

 

Im realy sorry for what you are going thru!  Thank you for serving!

 

yea maybe give us there veiw, if your renewed card is there or you have paper work you should be legal, Im hoping you didnt get caught in between cards, you should always do your renewel at least 45 to 60 days before your card expires so your covered!

 

Best of Luck!

 

Peace

[trichcycler]

so, you busted with mj, xpired card, and got a new doc rec afterwards ?  how expired were you ?

[pic book]

so the va hospital put the cops onto you?

[Marijuana Ranch]

420Peace f4ll3n.

 

For your best result I would call Michael Komorn,... 

http://komornlaw.com/media-kit/

[t-pain]

I was wonder if i am eligible for section 4 or section 8.

yes for section 8. dont take any plea deals.

 

you can try for a section 4, but it will probably fail. 

(submit both motions to dismiss just to cover your butt.)

 

if you want to read what a section 8 motion to dismiss looks like, there are templates and examples here:

 

 

 

some information for sec8 defense:

http://michiganmedicalmarijuana.org/ccs_files/downloads/EssentialsoftheAffirmativeDefense.pdf

blank template section8 defense, your lawyer fills it in :

http://www.michiganmedicalmarijuana.org/ccs_files/downloads/ModelMOTIONTODISMISS.pdf

 

examples of real peoples section8 motions:

http://www.capwayne.org/handouts/2009/2009_10_30_medical_mj_motion_TEMPLATE.pdf

http://media.mlive.com/news/baycity_impact/other/img20130515_18140411.pdf

http://www.onmedicalmarijuana.com/wp-content/uploads/2011/12/Motion-Brief-NOH-POS-to-Dismiss.pdf

 

probably wise to consult a lawyer who will help out. good luck. dont take a plea! dont let the MAN criminalize another patient!

[f4ll3n]

well someone made a call to cps stating basically i sell meth and cocaine i have tons of assault weapons have lbs of medical mmj i have intimate relations with my dog and my family members and touch my kid make my kid drink and smoke weed that my medical room is unlocked that there is tinkle and bunny muffin from one end of my house to the other and my house is a pig sty. obviously none of this is true other wise i would be in a lot more bunny muffin and trouble. it was like a 4 page complaint and they did basically the same thing my my sons ex. so i'm thinking that its possible it could have been my ex wife still trying whatever she can to take my daughter away that's all a different story. anyway i obviously live in Michigan. when i was at the VA hospital i was in Milwaukee for medical problems and getting more documentation for my comp and pension. i also entered a treatment facility for drinking. which i don't but i also wanted to get a good notch in my belt for when i fight for custody of my daughter. i wanted to learn better ways on coping with my PTSD and anxiety. my card was expired for a few months and i was in between everything. i had a shared house with my mother and i got home a few weeks ago she ended up moving to Illinois for a new job and left me the house so i been going through basically rearranging and making the home mine when all of this happened. i'm appalled at whoever filed this complaint in the first place. and pretty upset that i got caught with my pants down for my grow room. i had old leaves in there that when my card was still valid i was going to use for butter and never got around to it i had it in a container and when i was gone they got all yellow and ended up getting mold on them i had everything in garbage bags and basically the stuff in the garbage bags the cop ending up taking. 

[MiMedical]

Moldy leafs, I don't think those are usable, some people do say they are usable for compost though..  

 

Get a lawyer, read some Michigan medical marijuana case laws to get an idea on what is being picked on by the courts, it will get you in the loop pretty quick, sorry this happened, and I would guess it was the vindictive ex..

Keep your head up, some do get dismissed.

[t-pain]

there was another guy who got charged for having moldy leaves. the cops really dont like moldy leaves for some reason haha.

 

so yeah, probably in for a fight. we're here for you tho. dont give up!

[pic book]

you say you had a gram and a half usable...this fight will be about how many grams the evidence shows....but never have any doubt--this is where you go all in, everything in, with the best private lawyer who suits you.  abel, grow, kormone,  rockind.

Edited March 17, 2014 by pic book

[MiMedical]

there was another guy who got charged for having moldy leaves. the cops really dont like moldy leaves for some reason haha.

 

so yeah, probably in for a fight. we're here for you tho. dont give up!

.

 

Lol, it wasn't in my lab report, my lawyer said it doesnt count! They do get emotional about moldy leafs, because they don't get to count them as weight and they took out my trash for me.

[f4ll3n]

So cps Case is closed I got a court hearing tomorrow. From my understanding everyone of my friends this has happened to all they did was renew their cards showed the judge and he has dismissed them. Know of 4 cases similar to this. Even cases where they never had a card and went to get one and got it dismissed. Either way my card is renewed. Hopefully this gets dropped. See if he follows his presedent.

[f4ll3n]

Precedent*

[trichcycler]

sounds like your friends take each others advice often. If it works for them, hopefully works for you too.

[f4ll3n]

eh not really. was just trying to figure out what my situation was or could possibly be. Anyway. had my arraignment and all went quite well. showed the judge my renewed paper work and everything was up to date. he said if i plead guilt they will do a 7411 er something like that where it doesn't go on my record but id sit on probation and pay a fine. i obviously plead not guilty. the judge and i have had previous history with trouble i been in when i got home from Iraq. anyway he looked at me and said its nice to see me for something so little like this that i look great and hes happy i'm not drinking. that i can put a motion in for a section 8. gave me a pr bond and said i can smoke as much as i want smoke it up. that he knows and believes that i use it for medical purposes and talk to a lawyer. prosecutor was in agreement with the judge so all in all i think it went alright. 

[Restorium2]

Awesome. Thanks for the report.

[t-pain]

its great to hear a judge respects the mmma and allows smoking while on bond. glad it went well for you and it looks like you'll be in the clear. stay out of trouble and dont stress too hard