Cars And Public Places.

[t-pain]

http://www.alanechartier.com/item/mary-chartier-wins-another-medical-marijuana-appeal

 

 

Mary Chartier won a medical marijuana case on appeal that involved whether the interior of a registered patient’s car is a “public place” under the Michigan Medical Marihuana Act. The patient – a sixty-seven-year-old man who had survived a coma after a serious car accident – was medicating in the passenger seat of his car in a casino parking lot. Mary has now been successful in convincing two different courts that the interior of a patient’s car is not a “public place” under the Michigan Medical Marihuana Act.

 

 

[Kingdiamond]

Sweet but what if its the driver they cant drive and medicate? But its good for passengers for sure .

[tooldini]

this is a good thing

[phaquetoo]

Thats is Great news!

 

I got treated realy well in the mt. pleasent casino/hotel, They allow smoking cigs in casino's and their rooms!

 

I got caught red handed with a whip in my mouth vaping when indian and county sherrif's walked in on me (long story) but all was over than and there and my vape never got shut off!

 

Peace

 

 

edit= I have always kinda maybe thought my car was not public property, If I have some one driving me and they are not a pt or mj user, I will hit my bowl or what ever has the least smell and can be put out every puff.

 

Now I cant do that with my lady/pt driving because she is a pt also and she wouldnt smoke driving but it still in her system from the night before, she only uses mm at night,

 

Im realy glad 2 judges decided it was covered, Im wondering though how can our car be private on public or some one elses property, But than again when I get my card, it says I cant use on school grounds, public buses or dept of corrections property!

Edited April 3, 2014 by phaquetoo

[Ms Chocolate]

When your private vehicle is on the public road, is it still private? I heard that it wasn't. Just like your front porch is not private because it is available to the letter carrier, salespeople, politician, and those unwanted sales papers.

 

 

 

 

edited to change stump to porch

Edited April 6, 2014 by Ms Chocolate

[phaquetoo]

When your private vehicle is on the public road, is it still private? I heard that it wasn't. Just like your front stump is not private because it is available to the letter carrier, salespeople, politician, and those unwanted sales papers.

What do you consider the front stump (your porch) or the little patch of land between the side walk and road?  between the side walk and road it usualy an easment in larger citys or suburbs, (for the water,gas,etc lines) Your porch is not public property though, once some one is on your land especialy a deck or cement porch they are on private property, if you dont have it all fenced off and marked private, Im pretty sure the only thing legal may be pic taking and drone spying from above, oh that makes me feel better!

 

as far as our vehicles on public roads, I guess we should look at it the same as if we were walking down the side of the road!?!

So I guess walking we are on public property, so driving I would have to say would be the same, But we are not forced to have ins to walk down the side of the road, but to park or drive on the side of a road in a car we need ins!  Actualy we even have to have our cars registered to even stay parked on our own land!  Now im confused lol.

 

Peace

[bobandtorey]

This Lawyer has won a few times in the 

 Michigan Supreme Court 

 

I was told by someone at a C.C meeting that if you where in the D where it is legal to have 1oz or less of cannabis you can use in your car if parked in  bell island but now that its a State park i wonder if someone would be charged ?

[Ms Chocolate]

We all think of the front of our properties as our private properties, but think about it, how many of the people I'd mentioned above have applied or asked for permission to approach? There is a Detroit code that states if you have a posted "No handbill" sign posted and these things are still left, the person leaving them can be arrested and prosecuted. You cannot forbid mail delivery; like your phone, politician are allowed. Like shopping malls, our porches are private properties that are open to the public.

 

Check the state as well as Detroit's marihuana laws, smoking at parks is never legal.

Edited April 6, 2014 by Ms Chocolate

[bobandtorey]

Thanks

i should have said while someone may be in their car would that work as far as the park ?

 

medicating in the passenger seat of their car ?

[t-pain]

i think you guys are confusing things.

 

your yard/porch is private property. there are tresspassing laws.

of course the meter reader and postman are exempt from such things in the course of their work.

 

about belle isle. it was a city park, so that would be public property. it has now been leased to the state, its still public property.

 

theres a ton of state troopers on belle isle now, can read their reports:

http://www.michigan.gov/dnr/0,4570,7-153-42199_50569---,00.html

just click on a week and ctrl+f belle to find the belle isle reports

[bobandtorey]

thanks for the link

 

While working Belle Isle, COs Todd Thorn and Jeremy Payne stopped a vehicle on the MacArthur Bridge for failing to stop at a stop sign. While approaching the vehicle, the COs could see a

 

large cloud of smoke coming from inside the vehicle. The COs could immediately smell the aroma of burnt marijuana, and a search of the vehicle revealed marijuana and open intoxicants. One

 

of the passengers had a warrant for her arrest. Enforcement action was taken. 

[mibrains]

this inside of your vehicle is private property..

 

hence the reason LEO has to have probable cause to search it. 

 

remember the smell of cannabis is not enough to satisfy the requirements for probable cause any more.

 

also remember that LEO has no right to "verify" you are compliant.  you do not have to allow them to look at or weigh or by any way shape or form be involved with your medical cannabis so long as you are MMMA compliant.

 

they have to have proof your breaking a law.. thats what probable cause is all about.. they must see something that leads them to know your non-compliant..

[bobandtorey]

 Thus, we conclude that to establish probable cause, a search-warrant affidavit need not provide facts from which a magistrate could conclude that a suspect’s marijuana-related activities are specifically not legal under the MMMA.

[bobandtorey]

Although these individuals [who are seriously ill and are using marijuana for its palliative effects] continue to violate the Public Health Code by using marijuana, the MMMA sets forth narrow circumstances

 

under which they can avoid criminal liability. In other words, the MMMA constitutes a determination by the people of this state that there should exist a very limited, highly restricted exception to the statutory

 

proscription against the manufacture and use of marijuana in Michigan. As such, the MMMA grants narrowly tailored protections to qualified persons as defined in the act if the marijuana is grown and used for

 

certain narrowly defined medical purposes. Further, the growing of marijuana is tightly constrained by specific provisions that mandate how, where, for what purpose, and how much marijuana may be grown.

 

[id. at 509 (emphasis added).] 

[bobandtorey]

Thanks

 

Although these individuals [who are seriously ill and are using marijuana for its palliative effects] continue to violate the Public Health Code by using marijuana, the MMMA sets forth narrow circumstances

 

under which they can avoid criminal liability. In other words, the MMMA constitutes a determination by the people of this state that there should exist a very limited, highly restricted exception to the statutory

 

proscription against the manufacture and use of marijuana in Michigan. As such, the MMMA grants narrowly tailored protections to qualified persons as defined in the act if the marijuana is grown and used for

 

certain narrowly defined medical purposes. Further, the growing of marijuana is tightly constrained by specific provisions that mandate how, where, for what purpose, and how much marijuana may be grown.

 

[id. at 509 (emphasis added).] 

very limited, highly restricted  

 

We all know they can get a warrant just for smelling Cannabis coming for your car or your home

[mibrains]

very limited, highly restricted  

 

We all know they can get a warrant just for smelling Cannabis coming for your car or your home

 

make them

 

yes

 

make them get the warrant...

(especially when you will show you were compliant)

 

for certain... do not consent.  as you yourself are aware Bob.. the fight sucks.. but if you face the man.. be prepared... and since nothing will supposedly stop them.. make sure you know the rules... be sure to note all their violations.. and file motions to dismiss on each and every count.

 

it sucks to fight.. but if you have to fight.. fight well.

 

oh and

 

! ! ! ! !REMEMBER ! ! ! ! !

 

don't say anything.

 

anything you say CAN and WILL be used AGAINST you.

Edited April 7, 2014 by mibrains

[t-pain]

@mibrains: you dont think its smart to talk yourself out of arrest?

[bobandtorey]

make them

 

yes

 

make them get the warrant...

(especially when you will show you were compliant)

 

for certain... do not consent.  as you yourself are aware Bob.. the fight sucks.. but if you face the man.. be prepared... and since nothing will supposedly stop them.. make sure you know the rules... be sure to note all their violations.. and file motions to dismiss on each and every count.

 

it sucks to fight.. but if you have to fight.. fight well.

 

oh and

 

! ! ! ! !REMEMBER ! ! ! ! !

 

don't say anything.

 

anything you say CAN and WILL be used AGAINST you.

Thanks again 

[mibrains]

@mibrains: you dont think its smart to talk yourself out of arrest?

 

i detect a smidgen of sarcasm

 

one must decide which questions deserve more or less than a yes or no answer..

 

it's funny how if you just take off your sunglasses and look the officers in the eye directly and answer their questions clear and intelligently how quickly most altercations seem to work themselves out...

 

is this person responsible enough to be driving this vehicle is all the officer is supposed to be thinking..

[mibrains]

Thanks again 

 

no seriously... thank you Bob.  you have been to the grinder and back.