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Case In The Trunk


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yes, no such locks are mentioned in the law.  without or without a lock is legal.

a pencil case, a lunchbox case, any case..... to avoid a legal case.....

 

cops are confused often. It may be a better plan to transport in an armored truck, dressed in Tyvek, wearing gloves. Handcuffing yourself to the steering wheel will help in court to show you did not have access to the rear compartment, where the steel safe is, with your buds inside. A locked case will cinch the deal with an officer when he finds it, so a locking case may be a better option than a pencil case.

 

If you have some court money and like the battlefield, try transporting the mj wrapped up in a printed copy of the latest medical marijuana case... :P

Edited by grassmatch
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well, that's not exactly true now is it?

 

you have a whole thread reflecting exactly how this frivolous law has affected patients negatively.  Unconstitutional in this case means;

 

If you have enough money to hand over to a competent attorney this law  will be shown to be unconstitutional, with the most suffering a patient will endure is the separation of his own cash to the system.

 

This law does affect the bulk of us poor patients, quite often according to the news articles.  

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i meant our law trumps the transport law. obviously it affects us in wrongful arrests. as for non-patients being given the transport charge? very rarely i'd say. usually they just go with possession which lets them forfiet the car....

Thanks 

 

They can take your Car if caught driving around town with Cannabis laying in your front seat ? ( With out a card ) 

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improper transport law does not affect patients anyway. its an unconstituional law, and it goes against sec4. many people have won cases who fought it.

How they passed it was unconstituional but if they open the act and pass the bill with 2/3 majority,, it will be the law of the land.

We have to make sure HOUSE BILL NO. 4210 never sees the light of day.

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Recently had a patient of mine have this problem.  He goes to court Monday and it appears he got off cheap and was able to make it go away for $1,200.  

 

I did some research for him regarding the idea of taking the position that the law is illegal.   Seems it was going to cost a min. of $1,500 and upwards of thousands if he had to appeal a bad district court decision.  

 

Practical reality is the problem only surfaces in conjunction with another problem, i.e. traffic stop for speeding, plates, etc.   He was able to plead guilty to the traffic infraction and get the prosecutor to drop the transport issue.  Research showed that it was better to hire a politically connected lawyer, i.e. prosecutor had interned for his lawyer after law school, than fight the "good" fight.

 

He tells me he is now going to be more careful about keeping his meds in a "sealed container" in the back (he has a suburban) of the car.  

 

While I can understand everyone's concern about their personal freedom being infringed, I think there are some practical reason for keeping your meds in a sealed, hidden container.   I recall being present at the original hearings on this issue and the MSP officer that testified made a practical observation.   He explained that when they make a traffic stop neither the officer nor the driver really want to make the stop more complicated than it needs to be.    If the officer comes up to the drivers window, he/she sees or smells weed the stop needlessly escalates.   He/she is now obliged to determine if you have a card and even if you have a card are you driving impaired.   His thought was no smell, no visual, no problem.

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His thought was no smell, no visual, no problem.

 

 

Recently had a patient of mine have this problem.  He goes to court Monday and it appears he got off cheap and was able to make it go away for $1,200.  

 

I did some research for him regarding the idea of taking the position that the law is illegal.   Seems it was going to cost a min. of $1,500 and upwards of thousands if he had to appeal a bad district court decision.  

 

Practical reality is the problem only surfaces in conjunction with another problem, i.e. traffic stop for speeding, plates, etc.   He was able to plead guilty to the traffic infraction and get the prosecutor to drop the transport issue.  Research showed that it was better to hire a politically connected lawyer, i.e. prosecutor had interned for his lawyer after law school, than fight the "good" fight.

 

He tells me he is now going to be more careful about keeping his meds in a "sealed container" in the back (he has a suburban) of the car.  

 

While I can understand everyone's concern about their personal freedom being infringed, I think there are some practical reason for keeping your meds in a sealed, hidden container.   I recall being present at the original hearings on this issue and the MSP officer that testified made a practical observation.   He explained that when they make a traffic stop neither the officer nor the driver really want to make the stop more complicated than it needs to be.    If the officer comes up to the drivers window, he/she sees or smells weed the stop needlessly escalates.   He/she is now obliged to determine if you have a card and even if you have a card are you driving impaired.   His thought was no smell, no visual, no problem.

Impaired because you smell like weed? Even if you have a card? Don't you think you have went way too far with that? How does an advocate get that far out there? Might as well turn ourselves in. I think I must smell like weed more often than not. When will we quit getting our rights trampled because of our smell?

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How they passed it was unconstituional but if they open the act and pass the bill with 2/3 majority,, it will be the law of the land.

We have to make sure HOUSE BILL NO. 4210 never sees the light of day.

 

Well it passed "constitutionally',  the law itself is unconstitutional.  Happens all the time.  3/4 majority is needed as well.

 

Since it is a misdemeanor,i feel if given the package of information about why it is unconstitutional and the court case reasoning why it is uncon., you don't even need a lawyer because max fine is $500. It is VERY rare jail is issued on first offense.

 

 

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.

 

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His thought was no smell, no visual, no problem.

 

 

Impaired because you smell like weed? Even if you have a card? Don't you think you have went way too far with that? How does an advocate get that far out there? Might as well turn ourselves in. I think I must smell like weed more often than not. When will we quit getting our rights trampled because of our smell?

 

You Stink I smell! lol

 

Peace

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His thought was no smell, no visual, no problem.

 

 

Impaired because you smell like weed? Even if you have a card? Don't you think you have went way too far with that? How does an advocate get that far out there? Might as well turn ourselves in. I think I must smell like weed more often than not. When will we quit getting our rights trampled because of our smell?

 

I am not saying I feel he is obliged to determine if you are impaired, but rather it is their std procedure, just as if they were to see an empty liquor bottle in your back seat.   

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I am not saying I feel he is obliged to determine if you are impaired, but rather it is their std procedure, just as if they were to see an empty liquor bottle in your back seat.   

I'm talking about medical marijuana, not whiskey. There's no proper comparison to be made between empty whiskey bottles rolling around the back seat and a person smelling like their legal medicine that doesn't impair them once they get used to it. 

You are making up terrible excuses for bad actors without much thought into it. 

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A CARD means you are NOT impaired even if you are driving and smelling like marijuana. Pound it into their brains when you get the chance. Don't pander to ignorant people whoever they may be. A Card means they need to mind their own business about your odor of marijuana. They all need to understand that. Everyone ...... Just quit making a big deal about the smell of marijuana. It's not a gotcha any more. Time to move on from those silly games. We have earned and paid for our right to smell like pot.

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Resto, I guess you are right, I used the wrong word, "impaired" when I should have use "under the influence"

 

333.26427 Scope of act; limitations.

 

7. Scope of Act.

Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

 

(b) This act shall not permit any person to do any of the following:

 

(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.

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