149290 Mich Supreme Court Opinion

[t-pain]

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/14-15-Term-Opinions/149290-Opinion.pdf

 

time to discuss the opinion. heres the second paragraph of the majority ruling:

 

 

 

 

 

We hold that a defendant claiming that he or she is solely in the presence or vicinity of the medical use of marijuana is not entitled to immunity under MCL 333.26424(i) when the medical use of marijuana was not in accordance with the act.

so she has possession of the plants, and no immunity. whats her defense?

that a lawyer told her it was ok? that she was not in constructive possession (dominion and control) of the plants? she had a key to the house? she possessed those plants. also there was marijuana in the first floor bathroom, so dont give me that basement line.

 

 

rudoi will have to rely on sec10 and 333.8109 back in the circuit court.

all the way back to the supreme court with this case. fun times.

 

the only way to save her otherwise is to reopen the husbands case for a sec4/sec8, which i doubt will happen. thinking about it now, if he does not get a sec4 but wins a sec8, i dont think his sec8 will help her at all, since it was still "illegal" but allowed for him because he is a patient. sec8 is not an immunity but a defense to a crime. the crime occurs with the wife and husband but only he can escape with a sec8.

 

unless of course, you make the argument that any/all sec8 is included with "in accordance with this act". this will be a long court battle.

 

or maybe go with the idea that cops arent allowed to use confidential patient info gleaned from a "tip". since it was illegal of the tipster to report the confidential address of the patient. sec6h4

[trichcycler]

illegal for the tipster to report?  that will be the day!

 

[bobandtorey]

I happen to know Mr. Rudoi well enough to say he is a master at his craft of Law he knows that in  Oakland County it may be a hard sell relying on just Sec 10 eater way when he does win it will go back to the C.O.A and we know how that will go 

[bobandtorey]

Going up against this county takes guts glory and Ram

 

Ram as Ramming in up their A**

[t-pain]

We hold that a defendant claiming that he or she is solely in the presence or vicinity of the medical use of marijuana is not entitled to immunity under MCL 333.26424(i) when the medical use of marijuana was not in accordance with the act.

this means if a mmj patient has a door unlocked, or a plant over, or whatever violation, that the family members can be charged with possession, and the children can be taken away since 4c clearly does not apply either.

 

Sec4 C) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

this is a horrible ruling against the mmma, i'm surprised more people arent talking about it.

[Restorium2]

this means if a mmj patient has a door unlocked, or a plant over, or whatever violation, that the family members can be charged with possession, and the children can be taken away since 4c clearly does not apply either.

 

this is a horrible ruling against the mmma, i'm surprised more people arent talking about it.

We already knew that. Been telling folks they need to lock the door since Bob Redden got his door kicked in. Since they said the dispensary lady had her door unlocked and that was a violation. We understand they want the doors locked. 

Remember the college kid that had a room mate but didn't lock the door?

Edited June 22, 2015 by Restorium2

[t-pain]

"we" may know this, but family members of patients and caregivers do not.

[cristinew]

They continue to destroy the act, and what it stood for,

[bobandtorey]

We already knew that. Been telling folks they need to lock the door since Bob Redden got his door kicked in. Since they said the dispensary lady had her door unlocked and that was a violation. We understand they want the doors locked. 

Remember the college kid that had a room mate but didn't lock the door?

 

 

sorry our door was locked

[bobandtorey]

They continue to destroy the act, and what it stood for,

 

 

YES i agree if the Law was as voters voted for Cannabis would be legal here in Mich