Guilty Plea In Marijuana Case

[bobandtorey]

 

ADRIAN

A judge told a Morenci man that medical marijuana cards no longer authorize unlimited smoking privileges after he

 

pleaded guilty to a reduced charge of attempted delivery or manufacture of marijuana Wednesday in Lenawee County Circuit Court.

Joseph Kemper Buechel, 23, remains free on personal recognizance pending his sentence on May 16.

Judge Timothy P. Pickard advised Buechel to see a doctor for treatment of chronic shoulder pain he said is the basis for his Michigan medical marijuana card. An appeals court decision limits marijuana use to a doctor’s order describing when and how much to use as part of ongoing medical treatment, said Pickard.

Medical marijuana cards are no longer blanket approval “to smoke a joint whenever you feel like it,” Pickard said. “Those days are over.”

Buechel was arrested after a Dec. 30 police search of his Seneca Township home. 

 

 

Read more: http://www.lenconnect.com/article/20140402/News/140409730#ixzz2yI9ur0LH

[solabeirtan]

His sentencing wont be done by Judge T.P. Pickard, since he announced his retirement in Feb. that he will be retiring on May 1, 2014.  Reality is he should have bowed out about 5 years ago, since his knowledge of the Law is quite dated and considerably behind the current understanding of the Law. The defendant seems to be at the mercy of the court, maybe the next Judge will take into consideration this Judges twisted and ignorant advice at the sentencing.   

[bobandtorey]

An appeals court decision limits marijuana use to a doctor’s order describing when and how much to use as part of ongoing medical treatment, said Pickard. ? so this judge thinks

 

there you have it the C.O.A has started it again

[Norby]

Dr prescribing when and how much?  They don't even know which strain, which is much more important than when and how much.  Outdated judges deciding cases they have no clue about is flat out wrong!

[bobandtorey]

i agree this judge is outdated but it didn't help this guy 

 

Medical marijuana cards are no longer blanket approval “to smoke a joint whenever you feel like it  

 

no blanket approval by this Court

[AmishRnot4ganja]

Wow. Demented judges should not be allowed to remain on the bench. This type of behavior was,and maybe still is,  acceptable in southern states, but this is Mich.... uh... oh... I guess Michigan has already become a hillbilly state so I shouldn't be surprised.

[MiMedical]

If anyone finds themselves in this situation, stand up and explain, if I don't need it, I don't plan on ingesting it, its a herb, a dr. recommended supplement.

The courts need educated, there is NO WAY I would have let that judge insinuate i'm a hippie from the 60's.. STAND UP

[Wild Bill]

Thank goodness this idiot is retiring. Sadly, his replacement will be appointed by Rick Snyder.

[Dr. Bob]

There is a limit of sorts on the amount to be used as 'enough' to treat the medical condition...  This is VERY open to interpretation and it would be a hard sell to say someone used 'more' than enough.  On the other hand, as a condition of a probation after a plea, it was very nice to allow any use of cannabis- many patients are denied this courtesy.  With the courtesy of allowing the use, there may be limits made.

 

Day by day, we continue to promote this as a legitimate medicine and no threat to society.  The tide has clearly turned.  I would consider allowing EVERY patient on probation to use cannabis, even with a restriction, to be a victory.  We are not there yet.

 

Dr. Bob

[MiMedical]

It varies so much though Doc, from strain to strain, edibles to oils, when I find a specific strain that helps me, to keep my tolerance high, to where I can control the pain but not get as much of the euphoric feeling, I have to stay on a specific dosage pattern from day to day, when my pain is a 6 out of 10 I will still stick with smoking three hits, give myself a half hour then smoke the rest of the rolled cannabis, spin another one before bed and my pain will go from a 7/8 to 4/5, also calms my muscle spasms right down within an hour for a better nights rest.

 

In other words, for me, a good strain won't give me the stoned feeling once I smoke about half a joint, take a break let it work, finish the joint and smoke another one about a hour before bed. I use about 3-4 grams a day. On the weekends when I'm doing lite yard work, I can get away with using 4 grams the whole weekend...everyone and every injury/illness/disease/reason and physicle life varies greatly, I just don't like that judges view on it, idk... Maybe the defendant didn't explain enough to the judge, didn't go to the right dr, who knows.. That's my two cents. But yea I hear you on the "more than enough" debate. Makes me wonder if there could be a not enough debate also..

[MiMedical]

The not enough debate could come from another judge, "defendant only medicated on the weekend because he works two jobs all week and refuses to smoke or be medicated at work" who knows.. Stay legal everyone lol..

[cristinew]

Another crazy  Judge  this is what kind of judge we had to deal with http://noethics.net/News/index.php?option=com_content&view=article&id=284:is-newberry-michigan-attorney-steven-ford-a-pervert-ya-betcha-he-is&catid=35:attorney-misfits&Itemid=54

[Dr. Bob]

It varies so much though Doc, from strain to strain, edibles to oils, when I find a specific strain that helps me, to keep my tolerance high, to where I can control the pain but not get as much of the euphoric feeling, I have to stay on a specific dosage pattern from day to day, when my pain is a 6 out of 10 I will still stick with smoking three hits, give myself a half hour then smoke the rest of the rolled cannabis, spin another one before bed and my pain will go from a 7/8 to 4/5, also calms my muscle spasms right down within an hour for a better nights rest.

 

In other words, for me, a good strain won't give me the stoned feeling once I smoke about half a joint, take a break let it work, finish the joint and smoke another one about a hour before bed. I use about 3-4 grams a day. On the weekends when I'm doing lite yard work, I can get away with using 4 grams the whole weekend...everyone and every injury/illness/disease/reason and physicle life varies greatly, I just don't like that judges view on it, idk... Maybe the defendant didn't explain enough to the judge, didn't go to the right dr, who knows.. That's my two cents. But yea I hear you on the "more than enough" debate. Makes me wonder if there could be a not enough debate also..

Exactly-  It would be a very hard sell to say 'too much' based on patient use of your entire supply- you can run into problems with excess laying around (a slightly easier argument for a prosecutor) or by sharing it with another (a slam dunk argument for a prosecutor).

[Herb Cannabis]

 

ADRIAN

A judge told a Morenci man that medical marijuana cards no longer authorize unlimited smoking privileges after he

<

blockquote>

pleaded guilty to a reduced charge of attempted delivery or manufacture of marijuana Wednesday in Lenawee County Circuit Court.

Joseph Kemper Buechel, 23, remains free on personal recognizance pending his sentence on May 16.

Judge Timothy P. Pickard advised Buechel to see a doctor for treatment of chronic shoulder pain he said is the basis for his Michigan medical marijuana card. An appeals court decision limits marijuana use to a doctor’s order describing when and how much to use as part of ongoing medical treatment, said Pickard.

Medical marijuana cards are no longer blanket approval “to smoke a joint whenever you feel like it,” Pickard said. “Those days are over.”

Buechel was arrested after a Dec. 30 police search of his Seneca Township home. 

 

 

Read more: http://www.lenconnect.com/article/20140402/News/140409730#ixzz2yI9ur0LH

The first problem I see is that this man took a plea, he should have fought it if he was in the right. I'm well aware that the situation dictates ones decisions.  I'm living proof that fighting back does help, if you are within the law have the confidence to fight.  You'll have a much better chance at winning.

 

Secondly, "An appeals court decision limits marijuana use to a doctor’s order describing when and how much to use as part of ongoing medical treatment", said Pickard.  I'm not aware of any Michigan court rulings that a doctor must  describe when and how much to use.  There are no studies on which to base these recommendations.  A good example of this is that in my research I have found recommendations of 1 - 3 grams of the RSO daily to treat my prostate cancer.  My research was conducted with universities in Europe, Isreal and the US.  No one could say for sure how much to ingest, they could only wish me, "good luck."

 

The lesson here folks is to stay within the limits of the law and if you can't, you better have your T's crossed and your I's dotted for a section 8 defense.  What this means is that one, you better not have more marijuana than is necessary for your treatment, two, you better be using it for your medical condition and three, and probably most importantly, you better have your doctor/patient relationship in order.

 

Nothing here is intended as legal advice, it is my opinion only.  You do what is right for you, but as for me, I will remain within the three prongs of an affirmative defense (Sec 8) and be prepared to go to battle (court) if necessary.  It has served me well in the past, I see no need to change anything as of now. 

[bobandtorey]

 

pleaded guilty to a reduced charge of attempted delivery or manufacture of marijuana Wednesday in Lenawee County Circuit Court.

>>Joseph Kemper Buechel, 23, remains free on personal recognizance pending his sentence on May 16.

Judge Timothy P. Pickard advised Buechel to see a doctor for treatment of chronic shoulder pain he said is the basis for his Michigan medical marijuana card. An appeals court decision limits marijuana use to a doctor’s order describing when and how much to use as part of ongoing medical treatment, said Pickard.

Medical marijuana cards are no longer blanket approval “to smoke a joint whenever you feel like it,” Pickard said. “Those days are over.”

Buechel was arrested after a Dec. 30 police search of his Seneca Township home. 

 

 

Read more: http://www.lenconnect.com/article/20140402/News/140409730#ixzz2yI9ur0LH

The first problem I see is that this man took a plea, he should have fought it if he was in the right. I'm well aware that the situation dictates ones decisions.  I'm living proof that fighting back does help, if you are within the law have the confidence to fight.  You'll have a much better chance at winning.

 

Secondly, "An appeals court decision limits marijuana use to a doctor’s order describing when and how much to use as part of ongoing medical treatment", said Pickard.  I'm not aware of any Michigan court rulings that a doctor must  describe when and how much to use.  There are no studies on which to base these recommendations.  A good example of this is that in my research I have found recommendations of 1 - 3 grams of the RSO daily to treat my prostate cancer.  My research was conducted with universities in Europe, Isreal and the US.  No one could say for sure how much to ingest, they could only wish me, "good luck."

 

The lesson here folks is to stay within the limits of the law and if you can't, you better have your T's crossed and your I's dotted for a section 8 defense.  What this means is that one, you better not have more marijuana than is necessary for your treatment, two, you better be using it for your medical condition and three, and probably most importantly, you better have your doctor/patient relationship in order.

 

Nothing here is intended as legal advice, it is my opinion only.  You do what is right for you, but as for me, I will remain within the three prongs of an affirmative defense (Sec 8) and be prepared to go to battle (court) if necessary.  It has served me well in the past, I see no need to change anything as of now.

 

 

 

 

 

basically, since the caregiver in this case did not know what his patients debilitating conditions were or how much marijuana they used, he could not prove his marijuana was of a medical nature.

 

Here you are John another BS ruling from the C.O.A

 

http://michiganmedicalmarijuana.org/topic/44948-people-v-hartwick-coa-mmma-published-opinion/

Edited April 11, 2014 by bobandtorey

[Wild Bill]

The first problem I see is that this man took a plea, he should have fought it if he was in the right.

 

"Should" implies "can".  He may have been financially or emotionally unable to fight the charges.

 

Some can't afford it, some can't hold up under the pressure.

[trichcycler]

I've seen first hand the way some 2o somethings respond to authorities concerning their marijuana possession, with or without a card. Its amazing what a slight of maturity could accomplish in court sometimes. The ridiculous court opinions are often a response to these defendants' courtroom behavior. Sad the often prejudicial opinions can limit other patients' access to medical marijuana.

[bobandtorey]

"Should" implies "can".  He may have been financially or emotionally unable to fight the charges.

 

Some can't afford it, some can't hold up under the pressure.

 

 

Thank you

 

i agree there are many things that do come into play when someone is fighting the good fight i/we still have a hard time with it and we didn't do anything wrong IMHO some 

 

may say today that we should have done this or that but only as they see it today not back in 2009 

 

i do know ( John ) Herb cannabis and he fount his case and won he does know how hard it is and the stress that comes with being in Court 

 

he has always support us and the MMMA   

[Herb Cannabis]

Thank you

 

i agree there are many things that do come into play when someone is fighting the good fight i/we still have a hard time with it and we didn't do anything wrong IMHO some 

 

may say today that we should have done this or that but only as they see it today not back in 2009 

 

i do know ( John ) Herb cannabis and he fount his case and won he does know how hard it is and the stress that comes with being in Court 

 

he has always support us and the MMMA   

Thank you for your support Bob, I appreciate it.  The fact of the matter is that I did fight and win with a court appointed attorney and a whole lot of friends including VV, Mr. K, and others (you know who you are).  Thank you all so very much, I shall never forget.

[Wild Bill]

some may say today that we should have done this or that but only as they see it today not back in 2009 

 

 

i do know ( John ) Herb cannabis and he fount his case and won he does know how hard it is and the stress that comes with being in Court 

he has always support us and the MMMA   

 

It's easy for the armchair quarterbacks to say you should do this or that but I don't think everyone realizes how hard a long court case can be on a person.

[Herb Cannabis]

It's easy for the armchair quarterbacks to say you should do this or that but I don't think everyone realizes how hard a long court case can be on a person.

There is no armchair quarterback here Wild Bill, I was there and experienced the emotional gambit as any other would.  The point is, if we don't fight back, we LOSE.  Accepting a plea amounts to a victory for LEO and another poor soul is ripped apart by the system in fines and/or jail time.  If you were within the law, you must fight, not only for yourself, but for the entire community.

 

My advise is to remain withing the parameters of the Act.  If you must go outside of a Sec 4 defense, you better be prepared for a Sec 8 by having all three elements rock solid:  1)  You must possess no more medicine than is needed to treat your condition, 2)  You must be using it for your medical condition, and 3)  Your Doctor/Patient relationship must be iron clad (see him for follow-ups).

 

I am not a lawyer and this is not to be considered legal advise, any legal questions should be directed to an attorney.