Dewitt Michigan Police

[kingrambo]

Says they don't have to give me my medication back because it's not legal under federal law even though the operate under state law how can they do this and what can I do about it

[t-pain]

you have to get a court order for them to return your property/meds.

 

they can either follow the court order, or appeal it. most likely they will just return your stuff.

[kingrambo]

How do I get a court order

[phaquetoo]

Are you talking about the 7 grams they got?

 

Peace

[kingrambo]

Yes

[t-pain]

sorry, i am not sure how to do return of property. call the court clerk or talk to a lawyer.

theres some info here

 

http://www.safeaccessnow.org/return_of_property

[phaquetoo]

Honestly I wouldnt bother, I have never got my meds back out of 3 run ins with the law, I never got to court either before charges were dropped becuase of my card!

 

Best of Luck!

 

Peace

 

edit= I got my .22 rifle back and the bullets that were in the gun, but not my mm or pipes, etc!

Edited May 14, 2014 by phaquetoo

[GregS]

It will cost you far more to recover it than to replace it.

[pic book]

Being robbed--accept it and smile.  The shaft will only hurt for a minute.  It is simply a cost of using mmj.  CGs have a chance to recoup costs of every kind as does every business...by raising prices. 

[Dr. Bob]

Problem is on the scene the cops make up anything they want about the law when it comes to MMJ.  Not much you can do about it unless you want to hire an attorney and fight them on it.  For that amount, you really don't have much return on the investment other than the satisfaction of calling them on the carpet.  Only those with excess cash have the luxury of fighting to make a point it seems.

 

Dr. Bob

[kingrambo]

That's messed up thanks to everyone who commented

[Kingdiamond]

I know that it is the principle not the paltry amount of medicine but I  myself would just let it go .

[+Malamute]

This is why they use that excuse.

 

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10341.htm

[Highlander]

This is sickening. Cops will lie and cheat to get a patient card, make a fake card, and engage in any other number of shenanigans to try to bust legit MMJ users. But then they hide behind Schuette's silly position when it is time to give the meds back. It is against federal law to return meds and also against federal law to possess them. So if LEOs are so worried about breaking federal MJ laws maybe they should avoid MJ altogether.

[GregS]

The only remedy can be found in pitchforks, torches, and snacks.

[t-pain]

This is why they use that excuse.

 

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10341.htm

yes, but since that opinion, another state (arizona i think) tried to steal some california' patient mmj.

it was appealed to the US supreme court, which ... basically denied to hear it, which means the CoA stands

http://american-safe-access.s3.amazonaws.com/documents/GardenGroveDecision.pdf

 

which, found that , the marijuana was to be returned, and if feds wanted to take it after the local cops gave it back, then it was fair game. but that the court order to return the mmj stands.

 

cops must return mmj so says the supreme court of the USA....

[+Malamute]

That case in not precedent in our district.

[t-pain]

you're saying the ninth district could rule the opposite way , and then it would have to be heard by the supreme court ?

 

ugh thats a pain in the butt

 

but its still precedent , like rulings in other states are to us. they arent binding but guiding i think?

Edited May 15, 2014 by t-pain

[+Malamute]

Well, quite often opposing rulings start to arise at federal appellate level and then the US supreme court may consider the issue to be "ripe" and take up the case.  But in general, Garden Grove is just a neato decision for Calfornia; generally. 

 

The Valerie Okun case is the one ya want to look at.

 

Here is a quick link to pull ya up to date.

http://rt.com/usa/scotus-az-patient-marijuana-taken-477/

 

 There has also been cases in Oregon and Washington that stand at the state level without interference by the SCOTUS.

 

 THUS, why i point to the AG opinion written by Schuette. That argument is being made in many states and failing.  Michigan Supreme court 'could' rule with the patients as they have several other states.  It is merely Schuettes opinion, which can be challenged in court. He basically wrote us his court brief and argument.

 

 So, the easiest way is to get rid of Schuette by voting him out this fall and getting an updated AG opinion that is favourable for patients. Then the police will generally follow that order, and THEN we take it to the michigan supreme court with an AG of michigan who is arguing WITH us thus making our fight rather simpler. :-)

[trix]

Hate to agree with them, but yeah as much as it bLows, its more than likely the "safest" and cheapest route to move on.

Hard pill to swallow..  I've swallowed the same pill as you.. sucks especially when you know that you did nothing wrong in the first place.

1/4 goes for what 50-60 bucks not sure, but the stink you could raise fighting the police is surely not worth it. 

I'm not so familiar with your case, but I understand you wanting to stand your ground.. :notfair:

Trix


 

[t-pain]

on the other hand, if they had more people standing up for their rights, maybe the police wouldnt be so grabby in the first place huh?

 

but yeah it probably will cost at least $35 to file a motion in court. did you call up the court clerk yet and find out ?

[kingrambo]

I decided to let it go

[bobandtorey]

I decided to let it go

Thank you anyway just for trying to fight and next time you can tell Leo that you know more about the Law then he does and you can say i'll see you in Court officer 

[kingrambo]

Right I'll keep everyone posted on any new updates on my cases

[bustedinclintontwsp]

Fight them fight everything. GET em Don't let them pick and choose what cases lock up the system. I say screw them and these judges like the one in Richmond. They want jury trails for MMj lets give them to them. Maybe the juries and CoA will look at all this differently if its people not all the dispensaries and big growers. Lets get the law worked out for the patient!