Who Gets The Improper Transport Ticket?

[trichcycler]

non carded wife driving me around with a bud in my pocket.....

[t-pain]

750.474 Transportation or possession of usable marihuana; violation as misdemeanor; penalty.
Sec. 474.

(1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following:

(a) Enclosed in a case that is carried in the trunk of the vehicle.

(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

 

 

 

its such a badly worded law. does your wife possess the marijuana if shes in the same room/car as it?

because thats what the idiot as-shole supreme court said in people v bylsma, if you can touch the marijuana, you have dominion and control.

 

'a case that is not readily accessible from the interior of the vehicle' , doesnt that mean it has to be outside of the vehicle?

 

 

i think others have discussed this before, what if you are on a bus. where do you keep it then?

 

but probably its you who gets charged, unless the cop gives you both the charge, so they can let you plead guilty in order to get your wifeys charges dropped.

[garyfisher]

if i was the cop, i would charge you both, impound your car and take you both to jail after confiscating all monies you may have had.

Edited August 13, 2014 by garyfisher

[t-pain]

gary, you'd be a terrible police officer. you forgot to confiscate their xbox and flat screen.

[Restorium2]

Cops usually charge the driver unless the marijuana is on the passeneger, unless he thinks he saw a transfer happen as you were being pulled over. So it's really up to the cop.

[Mickeydee]

Don't forget to get a warrant for their house!  There might be all kinds of stuff you could confiscate and sell for a profit, or make them spend a ton of money going through the court system to get some of it back.  Win win!

[Restorium2]

You might get a decent one too. So don't burn your bridges. My bro got caught speeding and smoking a joint in Genessee County. He hid the joint as he was being pulled over. The cop knew he was smoking and only gave him a speeding ticket. You could get lucky .....

[imiubu]

Would you really want to depend on luck?

[Restorium2]

Would you really want to depend on luck?

Nope.

[pic book]

restorium:  i don't know what the heroes (santana, hammel, irwin and geiss), did or what roles they played?

[t-pain]

non carded wife driving me around with a bud in my pocket.....

 

is it wet bud or usable marijuana?

[Lancy]

Does LEO submit to random drug testing?  If so, do they interpret that to mean testing our drugs?

[trichcycler]

is it wet bud or usable marijuana?

ewww, wet bud in a pocket? nah, never happened to me, was hypothetical. could comment either way though..

[t-pain]

ewww, wet bud in a pocket? nah, never happened to me, was hypothetical. could comment either way though..

 

my point is that how does a police officer prove its dried and not still curing ?

[Willy]

The unfortunate reality of the situation is that the police officer proves the bud was dry by walking up to the stand during the preliminary exam, then saying it was dry. Without the ability for the Defendant to prove it was wet, the police will essentially win on that point.

Don't they always ?... They are skilled liars..

[Wild Bill]

You can bet it will be dry when it gets to court.

[Restorium2]

restorium:  i don't know what the heroes (santana, hammel, irwin and geiss), did or what roles they played?

Back when the legislature was first 'fixing' the Michigan Medical Marijuana Act, all the Michigan cannabis factions stood united. We all brainstormed up ideas and crafted a letter that was sent to each and every member of the Michigan Legislature. The letter asked them to unite with us in forming a medical cannabis law that would work well for patients. The first vote after the letter was a litmus test as to who stood with us. Those are the only 4 who stood up against Schuette for patients.

It was the only time we all agreed and stood together. It was a landmark. Rememeber these legislators because their motives were clear and they stood shoulder to shoulder with all of us. If they ever get the chance to be 'The Deciders' we will have what we need.

Edited August 14, 2014 by Restorium2

[GregS]

It is a fact that the transport law is not incorporated into the Marijuana Act. Because they conflict, the transfer law doesn't amount to spit. That is problematic because the charge is a misdemeanor that you can plead to and pay fines of as little as $200 in some jurisdictions, along with $100 bail money. To push the point and go through the appeals process and have it tossed, which would be more than likely to happen, especially in light of Ter Beek, would cost in the tens of thousands of dollars.

 

Is the case in district court gm? Is your question hypothetical?

Edited August 14, 2014 by GregS

[trichcycler]

ewww, wet bud in a pocket? nah, never happened to me, was hypothetical. could comment either way though..

hypothetical, I wouldn't do that to my wife, the real judge.

[Norby]

Thanks GM.  I didn't even know it was illegal for me to have a joint in my pocket if I wasn't driving.

[cheapshades]