Medical Marijuana Card Protects You From Prosecution, Not "discovery"

[+Malamute]

We shall see!

 

I just don't want to beat a scared dog man.  Ya know...

[Restorium2]

For me, this isn't about the beat dog. It isn't about making friends. It's about some seriously constructive things that can happen here.
 
Just look at what we can learn from these quotes Rory made;

What contents were inside my burn pit was my business alone.

whatever I was allowed to have leaves on my property. up to 2.5 oz without concern

[mibrains]

question?

the roots were separated from the stalks correct?

 

there is no requirement in the act to secure cannabis.

 

only living cannabis plants.

 

if as you say the combined weight of the fire pit debris is less than you are allowed to posses you should stand an excellent chance of dismissal.

 

learn from this mistake..  do not leave any cannabis outside..

 

i still dump my used soil into my yard and allow it time to compost before spreading the used soil around the flower gardens near my home.

 

at no time should anyone ever consent to a search.. good job!

 

make them get the warrant and then fight them on the cause.

 

you DO NOT have to prove you are compliant to the MMMA.  the police are not allowed "discovery" in an attempt to "find the crime"

 

they MUST articulate the crime perfectly to acquire a warrant.  so what grounds did they have to acquire the warrant?  thats the question you must ask YOURSELF and then prepare your defense based on your ability to discount everything they attached the warrant to..

 

remember your root balls are not living cannabis so there is no requirement to lock it up... some common sense tells us we should,.. but the law does not "require" it.

 

good luck rory and thank you for keeping us all updated.

 

we are all learning as we go and it is important to help each other throughout these learning curves...

[Restorium2]

there is no requirement in the act to secure cannabis.

You are saying that it is legal to leave your medical cannabis where kids can just pick it up off the ground?

[+Malamute]

Leaves are 'usable' mibrains.

 

 That is the issue IMO.

 

But,... the police are offering the Judge a rebuttable presumption.

 

 The Judge will decide.

[mibrains]

i am saying there is no requirement anywhere in the MMMA to lock up cannabis.

 

if children are in your yard they are trespassing... they are more wrong than you.  if they could reach it from the sidewalk it would be different.

[mibrains]

Leaves are 'usable' mibrains.

 

 That is the issue IMO.

 

But,... the police are offering the Judge a rebuttable presumption.

 

 The Judge will decide.

 

correct mal

 

all would be deemed usable.

hence the weight question.

 

there is no such thing as unusable cannabis..

 

it is either a living plant or its cannabis.. so why would this even make it to a judge if his weight was under his allowed amount?  what is the actual crime?

[Norby]

there is no requirement in the act to secure cannabis.

 

You are saying that it is legal to leave your medical cannabis where kids can just pick it up off the ground?

Can you legally leave your vicodin, xanax, etc. out and unlocked?

To me this reeks of being treated differently(discrimination).

Edited August 4, 2014 by Norby

[Restorium2]

i am saying there is no requirement anywhere in the MMMA to lock up cannabis.

 

if children are in your yard they are trespassing... they are more wrong than you.  if they could reach it from the sidewalk it would be different.

Watch that video and see what we are talking about here. I bet kids walk across the lot every day. Things need to be in context.

[Restorium2]

Can you legally leave your vicodin, xanax, etc. out and unlocked?

Exactly. I was going to write that. We want fair and equal treatment, not loopholes letting us get away with dumb stuff.

[mibrains]

Watch that video and see what we are talking about here. I bet kids walk across the lot every day. Things need to be in context.

 

i did watch the video

 

Can you legally leave your vicodin, xanax, etc. out and unlocked?

To me this reeks of being treated differently(discrimination).

 

yes you can.  it comes in a childproof container for just that very reason... should you?  absolutely not.  but you are legally allowed to.

 

its all in the fine point details.

[mibrains]

Exactly. I was going to write that. We want fair and equal treatment, not loopholes letting us get away with dumb stuff.

 

its not about getting away with dumb stuff resto.

 

its about whats legal to prosecute.

 

he already made the mistake... now we ALL have to learn from it.

[+Malamute]

The police state that in the burn pit were "plants" which gave them the rebuttable presumption that the patient was not in compliance with the Act, so they retained a warrant on that presumption and supposed evidence, were granted a warrant.

 

Will that warrant stand scrutiny?

 

 We will see.

[+Malamute]

If the warrant is sustained, Rory has to justify the rest of the evidence listed as being legal under the Act,... or try to qualify for Sec. 8.

[+Malamute]

I don't think anyone, even Rory at this point, would think it is a good idea to leave leaves, stalks and rootballs in a yard, unfenced yard, or any yard ever. 

 

 I personally see no reason to worry about rootballs and stalks. But my opinion doesn't matter. :-)

 

 Wish Rory luck on stuffing that warrant in a toilet.

[Restorium2]

its not about getting away with dumb stuff resto.

 

its about whats legal to prosecute.

 

he already made the mistake... now we ALL have to learn from it.

He has already been punished in the process. What 'this is about' is subjective. I see it as a tool to avoid being in a position to receive punishment, not a tool to beat a warrant.

[+Malamute]

Unfortunately agreed. Learn from others mishaps.

[Rory Larkey]

If the warrant is sustained, Rory has to justify the rest of the evidence listed as being legal under the Act,... or try to qualify for Sec. 8.

[Rory Larkey]

Sec. 4 says that there is a difference in plant v. Unusable roots and stalks. Also says I am to be free from arrest and prosecution or any privalage once I show proper id

I believe separating root from stalk would make the difference

Edited August 4, 2014 by Rory Larkey

[mibrains]

The police state that in the burn pit were "plants" which gave them the rebuttable presumption that the patient was not in compliance with the Act, so they retained a warrant on that presumption and supposed evidence, were granted a warrant.

 

Will that warrant stand scrutiny?

 

 We will see.

 

right.. thats what i was thinking too... but we know they aren't plants because they were dead or dying so they can not fit that definition legally could they?

 

so they have to be just cannabis?  not plants..

 

just super curious not trying to argue..

 

i compost my roots but i am always super careful to remove the leaves and stalks before adding them to the pile so its just piles of dirt basically until i rototill it all...

[Rory Larkey]

right.. thats what i was thinking too... but we know they aren't plants because they were dead or dying so they can not fit that definition legally could they?

 

so they have to be just cannabis? not plants..

 

just super curious not trying to argue..

 

i compost my roots but i am always super careful to remove the leaves and stalks before adding them to the pile so its just piles of dirt basically until i rototill it all...

[Rory Larkey]

How do you roto til in the winter time?

People don't compost all year long.

Does it just build up turn in to too much to ever get rid of and it becomes a problem

[+Malamute]

Fireplace/wood burner.  :-)

[Restorium2]

How do you roto til in the winter time?

People don't compost all year long.

Does it just build up turn in to too much to ever get rid of and it becomes a problem

You could have just taken a few more minutes to completely burn it up. I would think really hard and try to remember what that burn pile looked like when you left it. It's definitely much different than the way it was when you did your video. What you have on video is what was left after the cops took all the evidence they wanted to get a warrant.

[FranksHotPeppersAndMarijuana]

So the cop argument is that it was unsecured plants.  If you had fan leaves attached to stalks that also still had the rootball on them it's gonna be tricky.  Was this stuff piled up in the burn pit so it could be seen from the sidewalk or road?  Or was it literally a pit and it was lower than the ground level?