Moldy Edibles.....need Help

[BRIAN JOHNSON]

I'm currently facing a manufacturing with intent felony charge for having 13 packs of extremely moldy gummies in my trunk. I need help with finding a court case somebody posted on an edible thread. The case was about a man who had a methanol/cannabis tincture (along with cocaine charges).  I feel like I can use it in my case but I can't find it. The bag of gummies was marked moldy and the precedent set stated that if the person believed the controlled substance to be toxic and it couldn't be converted back into their original narcotic form, then they weren't considered narcotic anymore. I need this in case they strip me of my section 4 or 8 defense and offer no plea. Help from whoever gave that link would be greatly appreciated. 

[Wild Bill]

Do you have a lawyer? If not it's definitely money well spent.

 

Did they test the gummies for the presence of THC? If it was present then my guess would be that they will be considered to be narcotic.

[trichcycler]

 

 

can you tell us which dispensary carries these gummy bears so no other patients get stuck with moldy food?

[BRIAN JOHNSON]

I have a lawyer. One of the best. I'm just preparing. And the gummies were moldy because of poor handling on my part. 

[t-pain]

i remember the case! but i dont remember the name hahaha.

 

give me a few mins i'll try to dig it up.

 

i think it was alcohol+marijuana used as a salve by some mexican guy...

Edited May 16, 2015 by t-pain

[trichcycler]

oh yeah, it was an age old remedy the Indians used for generations. He may have had "Indian" status to grant him a right, not sure. I keep looking. I think it was olive oil.....??

 

I hope you whoop this before the costs are prohibitive.

Edited May 16, 2015 by grassmatch

[t-pain]

http://michiganmedicalmarijuana.org/blog/26/entry-1085-marijuana-soaked-in-alcohol-is-not-a-narcotic/

 

good luck with your case and GIVE ... THEM ... HELL.

 

also look up MCL 333.8109 if your lawyer hasnt already briefed about it

 

especially this part:

(3) Article 7 and this article do not apply to conduct permitted under the Michigan medical marihuana act.

 

article 7 is the entire controlled substances act...

Edited May 16, 2015 by t-pain

[trichcycler]

 

In 1973, the 36 Cal. App Court ruled in People v. Vargas, that marijuana soaked in alcohol is not a narcotic.

 

 

anyone know if this was ever changed, used again?

[t-pain]

also, dont let them charge or plead you down to "illegal transport" aka mcl 750.474.

 

many cases have already been dismissed, it does not apply to patients.

use this case law :

 

 

http://www.scribd.com/doc/241527857/People-v-Johnson-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527783/People-v-Johnson-Order-Inviting-MI-AG-to-File-Brief-09-19-14-Ocr

http://www.scribd.com/doc/253228866/People-v-Johnson-Benzie-DC-Order-Dismissing-MMMA-Transport-Charge-01-14-15

 

http://www.scribd.com/doc/241527421/People-v-Cuadrado-MMMA-Trasport-Opinion-07-23-14-Ocr

http://www.scribd.com/doc/241527632/People-v-Porter-MMMA-Transport-Order-Crawford-DC-07-21-14-Ocr

 

http://www.scribd.com/doc/241527539/People-v-Barber-MMMA-Transport-Dismissal-Transcript-Ingham-DC-03-04-14-Ocr

http://www.scribd.com/doc/215737975/Benzie-County-s-Attorney-s-Opinion-Re-Marijuana-Ordinance-03-26-14

 

if you have more questions, please ask them. we try to fight for all patients to stay out of jail!!!

Edited May 16, 2015 by t-pain

[suneday11]

^^^nice, t-pain.

[keylan]

Off topic but gummie candy is sugar - it shouldn't mold???????????????

[trichcycler]

Off topic but gummie candy is sugar - it shouldn't mold???????????????

I got questions too, like the weight of the packs of gummy bears, which may be the only issue in the end. There is precedence with edibles. and why not just simple posession, where do they get off with manufacturing and intent with packs in a trunk? I figured it safer if op don't share some details for a bit... but yeah...

whatever's happenin'.... He shouldn't be in court for possessing packs of medible candies right?   As a CG he may be permitted to possess this weight on behalf of himself and his patients, after all, they are simply a preparation thereof, a notion that is clear and offers protection from arrest for this possibly.

 

Best Wishes to op!

[Wild Bill]

How did they find out they were infused edibles? Were they labeled or did you admit to them?

[AbominableDro-Man]

Off topic but gummie candy is sugar - it shouldn't mold???????????????

Gummies can indeed mold under particular conditions and age.

 

The all-powerful google answered it for me.

Edited May 17, 2015 by AbominableDro-Man