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Bay City Man Pleads Guilty To Improperly Transporting Medical Marijuana

bobandtorey
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bobandtorey Advanced Member

bobandtorey

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BAY CITY, MI — A Bay City man has pleaded guilty to a misdemeanor stemming from his illegal handling of medical marijuana, discovered by police when they stopped to help him after his tire blew.

Steven P. Rooks, 35, on Friday, Nov. 21, appeared before Bay County District Judge Dawn A. Klida and pleaded guilty to one count of improper transportation of medical marihuana (sic). The charge is a 93-misdemeanor. 

In exchange for his plea, the prosecution agreed to dismiss a two-year charge of possession of a controlled substance, second offense.

Klida went ahead with sentencing on Friday and ordered Rooks to pay $175 in fines. She did not order any jail time.

Rooks' charges stem from an incident that happened the afternoon of Aug. 16, when Michigan State Police troopers noticed a 1999 Buick Park Avenue hauling a utility trailer on the side of northbound Interstate 75 near Coggins Road in Pinconning Township. The vehicle was resting on the shoulder, but was dangerously close to the left lane of traffic, according to court records.

Rooks and another man were changing the flat tire when troopers stopped and approached them, court records show. Rooks was breathing heavily, sweating, had difficulty speaking and his hands were shaking, troopers wrote in their reports, contained in court records. Troopers believed Rooks' characteristics were signs of nervousness, rather than the result of physical exertion.

The other man also appeared nervous and troopers observed his carotid artery pulsating in his neck, they wrote.

Also in the vehicle was Rooks' 14-year-old daughter, court records show.

Rooks told the troopers they were on their way to Johannesburg for a festival and that the trailer contained items to be used to set up a food stand. He told them there was marijuana in the vehicle car, but added that he was a medical marijuana patient with a valid card identifying him as such, court records show.

Rooks said the marijuana was behind the driver's seat and knew it was supposed to be secured. The troopers told Rooks medical marijuana must be in a vehicle's trunk in a locked container.

The other man told troopers there were magic mushrooms and more marijuana in a tent case in the trailer, court records show. He also said he had a small amount of marijuana in a cigarette pack in his pocket, which troopers found, their report states.

Police had the vehicle and trailer towed to the Tri-City Post in Williams Township. At the post, Rooks declined to speak further with troopers without an attorney present. The second man, however, told deputies Rooks had given him the mushrooms as payment for his help with the vendor equipment, court records show.

 

http://www.mlive.com/news/bay-city/index.ssf/2014/11/bay_city_man_pleads_guilty_to_30.html

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Wild Bill Advanced Member

Wild Bill

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The key points in this story.

 

He told them there was marijuana in the vehicle

 

Rooks said the marijuana was behind the driver's seat and knew it was supposed to be secured.

 

The other man told troopers there were magic mushrooms and more marijuana in a tent case in the trailer,

 

He also said he had a small amount of marijuana in a cigarette pack in his pocket,

 

 The second man, however, told deputies Rooks had given him the mushrooms

 

 

One thing bothers me,

troopers observed his carotid artery pulsating in his neck

 

If pulsing blood vessels are now probable cause then we're in real trouble.

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Willy Advanced Member

Willy

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there it is again!  "locked container"......Phoooey, no such wording in our rules.

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.

 

Nope nothing bout being a locked container..

Edited by Willy
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phaquetoo Advanced Member

phaquetoo

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I hate breaking down on the highway, leo always stops to help!!!!!!!!  Help what?  Im changing a tire, they dont help me change it, im just trying to fix a normal thing that happens all the time,,,and I have to show I.D?  If they wanted to help they would just sit there in their car with lights on and leave me the phaq alone to get my vehicle off of the side of the road,,,,I have never been broke down on the highway that a cop didnt come visit me,,,,,they suck donkey deeks!

 

when I break down Im gathering my shtuff, going up the hill and over the fence, I will have a wrecker go get my vehicle, I would walk thru the woods for days to avoid a phaqing pig!

 

Peace

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Restorium2 Advanced Member

Restorium2

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no cop would listen to me unless I was incriminating myself. Nothing we say can affect the news article pasted by op.

I'm addressing the cops, and patients who think "locked box" is a valid claim.

 The troopers told Rooks medical marijuana must be in a vehicle's trunk in a locked container. 

 

It was a press release.... Probably the only important thing in the piece. Looks to me like it would be good to pass around this opinion like it's valid for the time being. 

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Restorium2 Advanced Member

Restorium2

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...even though your purported lie would be further used to persecute more patients? that's messed up, you misspoke, right?

LOL Say what? Come down to reality. It was a press release by a state cop I see often in my area. His opinion is valid for the purpose of his traffic stops. My posts would be more likely to stop patients in my area from being prosecuted, rather than more being prosecuted. You have some warped kind of logic going on there hoss. Self serving BS to make yourself right again. Not real, just hyperbolic boomerang posts that come back and smack you in the forehead. WACK.

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trichcycler Advanced Member

trichcycler

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YOU did say "it would be good to pass around this opinion like it's valid for the time being." knowing it is a lie. who's warped now? spreading lies is not good for anyone here. keep your lies to yourself for our better experience.

 

(right? about what?) I questioned your statement of deceit is all) and gave you an opportunity to make yourself righteous, and you declined. I'm not right about anything on that, well, except I know you a bit better now.

Edited by grassmatch
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Restorium2 Advanced Member

Restorium2

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YOU did say "it would be good to pass around this opinion like it's valid for the time being." knowing it is a lie. who's warped now? spreading lies is not good for anyone here. keep your lies to yourself for our better experience.

 

(right? about what?) I questioned your statement of deceit is all) and gave you an opportunity to make yourself righteous, and you declined. I'm not right about anything on that, well, except I know you a bit better now.

I'm not here to be RIGHTEOUS. I'm here to help people. You already said you know that cops don't care what I say. Some patients do listen. The same ones who see this same cop who will give them a problem if they don't follow his advice released in this press release. It's very simple. The only chance I have to make anything good out of this situation IN MY AREA is to help a brotha and sista out. Got it? No more straw men please. You can be righteous all you want, just stay off my peeps with it. I have talked with about a dozen folks in the real world this morning who actually benefitted from my advice. What good have you done Mr. Righteousness? Upheld the righteousness for the good of all patients like a super hero? Pretend away... the great pretender.

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Restorium2 Advanced Member

Restorium2

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YOU did say "it would be good to pass around this opinion like it's valid for the time being." knowing it is a lie. who's warped now? spreading lies is not good for anyone here. keep your lies to yourself for our better experience.

 

(right? about what?) I questioned your statement of deceit is all) and gave you an opportunity to make yourself righteous, and you declined. I'm not right about anything on that, well, except I know you a bit better now.

I really don't think you want to know me at this point. You have sashayed way past that opportunity some time ago.

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t-pain Advanced Member

t-pain

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right grassmatch, theres two ideals here.

 

1. stay within the law as you interperate it.

 

2. stay within the law as the police (in this press release) or prosecutors (AG opinion) interperate it.

 

so what we should recommend is keeping it in a locked container. just so you stay on good side of poleece.

are the police 100% correct? no. is the prosecutor 100% correct? no.

will staying in their interpretations keep you safer? sure.

 

but if you are in court, fight it to the end!

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Restorium2 Advanced Member

Restorium2

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Yes. And staying in the law as you interpret it only helps make you a test case for your ideals. If that's what you want to do then I can round up the very cop that made this press release and help you on your way with that. He will cooperate I'm sure. I will give you a ride to the local courthouse if need be. Otherwise, you are not helping anyone at all. Just playing with straw men on the 'net.

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trichcycler Advanced Member

trichcycler

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right grassmatch, theres two ideals here.

 

1. stay within the law as you interperate it.

 

2. stay within the law as the police (in this press release) or prosecutors (AG opinion) interperate it.

 

so what we should recommend is keeping it in a locked container. just so you stay on good side of poleece.

are the police 100% correct? no. is the prosecutor 100% correct? no.

will staying in their interpretations keep you safer? sure.

 

but if you are in court, fight it to the end!

agreed. we should suggest to lock it up in a box in the trunk. we should also be truthful when discussing laws to avoid confusion. advice is good too, extra security is good. made up laws are not good. mine are locked in a briefcase even if but a joint. I'm in no way against locking it up. I am against spreading a rumor that this is the law though..in order to protect patients from themselves. I wonder if op story would be any different if his sack was locked in the trunk.

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Highlander Advanced Member

Highlander

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I'm not a big fan of the police...never have been.  But, I've had a few encounters that ended well.  Among them, and probably primarily, was when I was headed north about 10 years ago.  I was cruising up I-75 in Bay County driving my Jeep Grand Cherokee pulling a trailer when I was stopped by the State Police.  The officer told me that the lights on my trailer were not working.  He said "I didn't pull you over to hassle you, I just want to make sure you're safe."  He helped me clean the crud off the wiring and then stood behind the trailer while I tested the lights.  When everything was working, he wished me a safe driving experience for the remainder of my trip and then nosed his cruiser (with lights flashing) into the right-hand lane so I could merge into the heavy traffic. 

 

Also, twice in the past few years, I passed a state cop on I-75 in Oakland County, where the officer had a plastic bag over his "smokey" hat and was changing a tire on a disabled car on the side of the road in heavy rain.  It seems that there are still some cops who see their duty as "protect and serve."  So I still give them the benefit of doubt.  I understand that we aren't required to keep our meds locked in a case, but I lock the case anyway in order to eliminate any doubt.  If I ever get pulled over while carrying meds, I'd feel so much better if I can show the cop that my shyt is locked-up, even though it isn't required.

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