High Court: Sticky Notes Aren't Evidence In Pot Case

[t-pain]

http://www.detroitnews.com/story/news/local/oakland-county/2015/06/11/high-court-sticky-notes-evidence-pot-case/71106446/

 

Prosecution of a woman whose husband is authorized to grow medical marijuana may hinge on sticky notes.

 

The Michigan Supreme Court on Thursday found that ________ is immune from prosecution for giving her husband the sticky notes with dates of when to harvest the marijuana, calling the notes legal drug paraphernalia. As such, they can't be used as evidence against her in a case involving drug possession and manufacturing.

 

But she doesn't qualify for "mere presence" immunity under the act, as she had claimed, simply because her spouse is registered to grow medical marijuana, the court said. That immunity applies when the registered user is in full compliance with the Michigan Medical Marihuana Act, it said. Prosecutors say her husband was not in compliance at the time of a police raid on the Holly family's home in 2011.

[t-pain]

so are they going to charge her with possessing plants then?

[teabaggerMMMA]

More section 4 BS being built on the backs of the patients...  EVERYONE NEEDS TO STOP REGISTERING!!!

[teabaggerMMMA]

research California. they did this same C.R.A.P. CRIMINILIZE RACKETEERRING AGAINST POOR.... ONE year in EVERYONE STOPPED REGISTERING. do you think they could deny section 8 for ANOTHER 8 years if every single one of us went in there screaming section 8.... it is smoke and mirrors created by the lawyers who RESEARCHED the 215 model. Who ever wrote the MMMA (and the new "legal" bills, fully knew all of this in their heart! that people would go to jail. now I am supposed to support a 2 page bill that will definitely put people in court, jail and appeals.

We didn't invent the wheel. But MI is so depressed money is more important. MI CULTURE IS NOT READY FOR LEGALIZATION

 

Why has Section 8 never been submitted to a jury. BECAUSE IT BLASTS EVERYONE OF THEIR 4 RULINGS. For years I have sat quietly reading on this website. Section 4 was the worst thing to happen to MMMA EVER!!! And if the guy who wrote this didn't know that the sick would build this law on their back... he is the dumbest person in the world.

 

We don't need a dispensary bill or edible bill... they put us on the path that the law is to be built on the sick's back. Now that the have proved themselves to be ridiculous they want to change the fight in medicinal. and switch medicinal to legalization without finishing what we started.

 

Michigan needs 2nd amendment rights at our grows, so the piggies think twice! After all why is LEO after weed, not heroin, cause the guys I know in Highlandpark sling HEROIN have been there for decades, and I promise the cops would rather come to your house thatn theirs!!!!!!!!!!!!!! And leave with more forfeiture CASH

[teabaggerMMMA]

Thanks for the rant. Perhaps it will make more sense after the Hartwick and Tuttle rulings from the Supreme Court.

Zap this is the problem... Sect 8 is real... the rest is the CONSPIRACY. Just because section 8 has been held down forever, because it's too powerfull, just like prop 215. There are too many traps and traps for patients, you can't do this without getting a number from the DOC.

If all the lawyers weren't conspiring ONE section 8 case would be herd.... maybe mine will be first? But it doesn't really matter because they have 10 more years to screw with sect 8. I mean really how many motions for section 8 hearings have been filed?

Zap if I had resources I would start a community that connects victims of the system, catorgorizes them and have all the cases on a platter for civil lawyers as these opionons come back. Alone I am nothing, but with tuttle, carruthers, etc I am powerful. We need to racketeer against them. a MMMA registry for reasonable weight, enclosed, ex post facto victims to join forces. I know my case has the same arguments as everyone with money is winning. I understand a class action would be difficult, that's why we start now. even the fact that I can have this conversation is proof that we need this.

THERE IS SAFETY IN NUMBERS.

[Restorium2]

Zap this is the problem... Sect 8 is real... the rest is the CONSPIRACY. Just because section 8 has been held down forever, because it's too powerfull, just like prop 215. There are too many traps and traps for patients, you can't do this without getting a number from the DOC.

If all the lawyers weren't conspiring ONE section 8 case would be herd.... maybe mine will be first? But it doesn't really matter because they have 10 more years to screw with sect 8. I mean really how many motions for section 8 hearings have been filed?

Zap if I had resources I would start a community that connects victims of the system, catorgorizes them and have all the cases on a platter for civil lawyers as these opionons come back. Alone I am nothing, but with tuttle, carruthers, etc I am powerful. We need to racketeer against them. a MMMA registry for reasonable weight, enclosed, ex post facto victims to join forces. I know my case has the same arguments as everyone with money is winning. I understand a class action would be difficult, that's why we start now. even the fact that I can have this conversation is proof that we need this.

THERE IS SAFETY IN NUMBERS.

Section 8 has to be proven in court every time. That's not my cup of tea. Maybe you don't understand that? Get caught, assumed guilty, then go to court, that is section 8. Not that great for most of us. 

[Restorium2]

 

THERE IS SAFETY IN NUMBERS.

Got that right. That's why a whole ship load of us registered .... and stay registered. Works for me since 2009. 

[t-pain]

Section 8 will go the same bad way that the sec 4 cases have gone. The msc is not going to be your friend on these upcoming cases.

[bobandtorey]

Your arguments are weak, section 8 cases have been heard

 

Section 8 will go the same bad way that the sec 4 cases have gone 

 

Waite i agree that Sec; 8 cases have been heard and even have been dismissed by lower Courts in witch you can't use it in other Counties , and Towns only in that Court room 

 

If Sec; 8 gets the same bad ruling the way Sec;4 has gotten the Dispensaries are going to go By ,By  Sec 8 it is how they stay open 

 

I've been saying it since 2009 that Sec; 8 is what we all have if someone ends up in a Court room IMHO the next ruling will be We all have a right to a trail by 12 and they will  be able to here you have a card

[Restorium2]

^^^^^Sec 8 it is how they stay open 

 

I don't agree with that. Many stay open because they pretend they are just folks using section 4 at their store.

[bobandtorey]

Thanks 

 

As you know Sec 8 you can have enough not to run out of cannabis how else would a store have a lot more cannabis on hand then 2.5 oz

[bobandtorey]

HOLLY, Mich. (AP) — Sticky notes could save a woman from drug charges in Oakland County.

In a 4-3 decision, the Michigan Supreme Court says sticky notes indicating dates of marijuana harvest qualify as legal paraphernalia. The court says that gives immunity to Cynthia Mazur of Holly because her husband was registered to use medical marijuana.

 

Justice Richard Bernstein wrote the majority opinion. The case now goes back to Oakland County court for more work.

In a dissent, Justice Stephen Markman says sticky notes weren't used to grow or prepare marijuana and can't be defined as paraphernalia. Justice Brian Zahra wrote a separate dissent Thursday, joined by Chief Justice Robert Young Jr.

 

http://newsok.com/sticky-notes-could-end-prosecution-in-medical-marijuana-case/article/feed/850958

 

[Restorium2]

Thanks 

 

As you know Sec 8 you can have enough not to run out of cannabis how else would a store have a lot more cannabis on hand then 2.5 oz

Just have 2.5 on hand for each of your 5 patients and sell other stuff to the rest of the folks that come and see who is dumb enough to open a pot store. You could sell papers, pipes, lotto, chips, pop, bait, books, mags, advice ......  Cannabis would be your 'trade stimulator'. This doesn't take a genius to think of so I hope I'm not giving folks the wrong ideas. We are ALWAYS going to have dispensaries because you get to define the word 'dispensary' the way you want to. 

[bobandtorey]

 A Sticky notes could save a woman from drug charges in Oakland County.

 

Oakland County ? i hope i can go to this case it will make the news and History if it happens 

[teabaggerMMMA]

Your arguments are weak, section 8 cases have been heard.

which is it... you just said section 8 has been herd in  district and circuit... so which one is it..

[teabaggerMMMA]

^^^^^Sec 8 it is how they stay open 

 

I don't agree with that. Many stay open because they pretend they are just folks using section 4 at their store.

they are operating under section 8... this is not really questionable, is it? your not allowed to operate a storefront in MI per McQueen under sect 4 protections... but are allowed section 8. oh wait, they put a civil case up not criminal

[+Malamute]

I have seen many Sec 8 dismissals.  I have also seen P.A.s simply drop charges out of compassion. Who you vote for matters.

[teabaggerMMMA]

Section 8 has to be proven in court every time. That's not my cup of tea. Maybe you don't understand that? Get caught, assumed guilty, then go to court, that is section 8. Not that great for most of us. 

If you get caught your going to jail, you are assumed guilty under MMMA!!!! EVEN SECT $... lol look accidently hit shift and section 4 at same time and a dollar sign pooped up.... coin-incidence?

[+Malamute]

they are operating under section 8... this is not really questionable, is it? your not allowed to operate a storefront in MI per McQueen under sect 4 protections... but are allowed section 8. oh wait, they put a civil case up not criminal

 

Sec. 8 is not a protection. It is an Affirmative defense to a crime.

[teabaggerMMMA]

I have seen many Sec 8 dismissals.  I have also seen P.A.s simply drop charges out of compassion.

We are ENTITLED THE DISMISSAL

[+Malamute]

Registration cards for MMj have worked all across the state for immunity purposes.

[teabaggerMMMA]

Sec. 8 is not a protection. It is an Affirmative defense to a crime.

I love section 8.... oj simpson trials for all

[teabaggerMMMA]

I HAVE A FELONY FOR POSSESSION WELL UNDER MY SECTION 4 RIGHTS

[+Malamute]

We are ENTITLED THE DISMISSAL

 

You are allowed the dismissal if presenting qualifying facts to satisfy the three prongs of a Sec 8 defense.

[+Malamute]

I HAVE A FELONY FOR POSSESSION WELL UNDER MY SECTION 4 RIGHTS

 

Please explain.