Illegal / Improper Transportation Of Meds

[potentialpotpotentate]

So,

like a silly billy, I have a few scraps of meds, ex. 1 roach, around 2 grams and a small vial of DMSO (antiinflammatory non pre-scrip liquid)  with around 1 gram dissolved herb in it (around 25ml).

 

My bad car got me flagged, I get the jock treatment from the officer (pressure, intimidation), i indicate I'm a patient, he records my card info, I'm thrown in the back of the squad car, my car is searched, meds taken (plus stuff unrelated but he's 'suspicious of' (natural salves without MJ). I'm given a warning for the car, and cited for misdemeanor "illegal transport of marijuana".

 

I spoke to a few attorneys before my arraignment today, they all said to plead not guilty. I did.

I'm indigent, and have no job and not more that a few hundred dollars to my name.

 

I have my pretrial in two weeks. I don't know if I should go with a court appointed atty., or go pro se.

I'd like to resolve this in the pretrial if possible, as I think I'll just incur more court costs for subsequent hearings.

 

My card is current.

 

The form they handed me before I got fingerprinted like a friggin criminal stated the name of a 'complaintant' or 'source of complaint' something to that effect. No one complained as a prelude to my traffic stop.

 

I have heard that the smell is not probable cause for search if I have a card.  It was dank and I think the cop thought I had 4lbs in the trunk or something (which he never even looked into btw, shows you how serious this really is).

this is in SW MI, I think the county jail is overcrowded to begin with, so I don't know if they'll even go that route. That said, up to 93 days and $500 sounds like crap, any way they give it to me.

 

Anybody got any words of wisdom, especially if I'm going to be liable for $ in excess for court costs?

 

I appreciate any input, thanks ya'll.

 

It's called the American Dream,because you have to be asleep to believe it.

[potentialpotpotentate]

btw, it was originall written up as "illegal"on the ticket, subsequently its being called improper on the paperwork, discrepency?

No notes on the vehicle warning,

and does it seem the 2012 "law" has superseded section 8 protections? I'm still weeding through all this.

Edited July 27, 2015 by potentialpotpotentate

[+Malamute]

Improper transportation 'doesn't exist" so to speak.

 

 It never amended the MMMAct and you are immune under section 4 for transportation.

 

 they are getting people to plea to an unconstitutional law and violating your protections as a patient.

[potentialpotpotentate]

can you elaborate on the wording in sec. 4, or perhaps post a link to the section?

the 2012 law was passed without the public voting on it? or what made it unconstitutional?

I'm looking at the prospect of riding out the case without pleading if I have a solid enough foundation to stand on,

but I can't BS my way through any proceedings.

[+Malamute]

Sections of import for you:

 

Sec. 3(f) "Medical use" means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.

 

Sec 7(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

[+Malamute]

At least get a court appointed attorney if possible. Present the information I showed you and also that the transportation law did not amend the Act and is thus unenforceable.

[potentialpotpotentate]

has this worked for others? and can I not expect a public defender to avoid controversy and potentially throw me under the bus?

if I see this through and lose, anybody know how much money I can expect them to bill me for?

Is there a chance it can be resolved before it goes to trial with this route?

/

[+Malamute]

Your claim of immunity will be addressed well before "trial".

 

Here is the law your are fighting against:

 

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0460.pdf

 

 And it is a misdemeanor of up to $500 and/or up to 93 days in jail.

[potentialpotpotentate]

At least get a court appointed attorney if possible. Present the information I showed you and also that the transportation law did not amend the Act and is thus unenforceable.

by God, you're giving me a leg to stand on! thanks!

[+Malamute]

It is not a leg,... it is the law.

 

You win.

[potentialpotpotentate]

so my immunity is seems pretty clear in sec. 4a of the act,

do you know if people are getting dismissal citing these sections?

[+Malamute]

BUT,  please confer with an attorney on this.

 

 I have seen people get it dismissed.  I have seen many plea deal or just plea down to this charge.

 

I believe there is thread here about this....

 

 Not sure...

 

Someone will come along and help me out on this one.

[+Malamute]

What I can say is I would fight this to the Michigan Supreme Court any day of the week.

 

No credible judge once shown and told those facts will convict you.

 

 Word of importance: Credible.

 

 Also,.. convict you "of this particular charge". ;-)

[potentialpotpotentate]

so, though the law was not 'ammended', can it not be superseded in part by hr4856?

anybody with experience with this, please chime in. I'm broke and I can't afford to go in debt for court costs

to fight this.

[+Malamute]

The MMMAct must be amended by a 3/4th majority of both houses. Sec 7(e) states the obvious. :-)

 

 And did not amend the MMMAct.

[+Malamute]

http://michiganmedicalmarijuana.org/topic/45922-is-sanilac-county-leading-the-state-in-illegal-transport-mcl-750474-tickets/

 

 Thread about people getting hosed on this.

[potentialpotpotentate]

do you have links to the  turnout in the senate vote, and the mandatory 3/4 votes needed?

sorry, I'm digging, finding plenty on the house, little on the senate..... did the bill retain the 4856 # in the senate?

[+Malamute]

It doesn't matter what the numbers were on the vote.  It did not amend the MMMAct which provides immunity to this charge as long as you like had your card and an amount of marijuana under 2.5oz etc.

[+Malamute]

Just to prove my point in a roundabout way, the police are currently in Lansing begging for the "transportation law" to be added to the MMMAct,... because they KNOW registered pts/cg's are immune.  Yet many police and prosecutors are still out there charging people with the crime though it is unconstitutional.

[+Malamute]

Actually,... shame on the judges....

 

Worthless pieces of shiit they are.

[potentialpotpotentate]

now be kind, they're just doing their jobs. And we all know war criminals were loyal employess as well.

that said: http://michiganmedicalmarijuana.org/topic/48183-medical-marijuana-transportation-law-ruled-unconstitutional-by-benzie-co-judge/

 

more digging to do. I can't help but wonder if a public defender will try to throw me under the bus.

Anybody know if I don't have an attorney at the pre trial if I'll have one assigned if I ask, or would it be too late?

[+Malamute]

I believe you can make a pretrial motion to dismiss based on immunity.

 

Again, ask an attorney.  I am just lighting the way.

[+Malamute]

Here is some basic info that make help you understand where you are at in Michigan courts:

 

Misdemeanors Arraignment

Your arraignment is your initial appearance in front of the judge. When you are charged with a misdemeanor this is where you will have the first opportunity to enter a plea. If you wish, you can plead guilty, not guilty, or in some case no contest at you arraignment.

If you plead guilty or no contest, the judge may choose to sentence you on the spot or set a future date for your sentencing. If, however, you choose to plead not guilty or remain silent, you will be scheduled for a pre-trial conference.

Bail

At the arraignment, the judge may also choose to set bail. Posting bail assures the court that you will return for future court proceedings.

If the judge thinks you may be at risk for not returning, he may deny bail. However, if the judge believes you will return, he can also release you on your own “recognizance”. This simply means the judge will take you at your word that you will return as requested.

Pre-Trial Conference

This pre-trial conference is not a hearing and typically the judge is not involved. This is a meeting between the prosecutor and you (or your attorney) to discuss whether or not a plea agreement is possible.

A plea bargain is where you agree to plead guilty to a lesser charge than the original. This works out well for the prosecutor because they get a guilty plea, while you may face a less detrimental sentence.

Prosecutors would like to resolve all cases prior to trial and will try to convince a defendant that agreeing to a plea bargain is their best option. Your attorney can assist you in really figuring out which options are best for your personal situation.

Pre-Trial Motions and Continuances

Many things can happen while you are waiting to go to trial. Attorneys will file motions to ask the court to make decisions on such things as admissible evidence and discovery.

Continuances may also be filed by either side. Continuances delay the trial by pushing the date back as needed. This is done so both sides (prosecution and defense) are completely prepared for the trial when the trial date arrives.

[+Malamute]

So, with that information, I will assume you will be having a "pretrial conference".  I would lay out what I told you and ask the prosecutor to drop the charges now.

 

 

BUT, ask a lawyer!

 

Seriously. I am sure one would help you out with some basic info.

[potentialpotpotentate]

so does anybody know any philanthropist pro-bono lawyers in SW MI?

39
DISTRICT COURT DECISIONS
People v. Barber, Case No. 14-00098-SM, March 4, 2014 (Ingham County):
Issue: Whether Michigan Compiled Law 750.574, (Improper Transportation of
Marihuana), is unconstitutional?
Holding: The Court held that “So Public Act 460 of 2012 is inconsistent as it limits
transportation, a right granted by the Medical Marihuana Act, to certain criteria.
Therefore, it’s inconsistent with the act pursuant to Section 7 of the act. The act
wins, because it handles all of medical marihuana, the act being the Medical
Marihuana Act.”

 

I think its perhaps a question of my delivery/attorney prospect, and the temperment of the prosecutor and judge if it gets that far....