Judge Denies Medical Marijuana Defense Motion, Sends Witt Case To Trial

[bobandtorey]

        It was due to Witt's decision to bring the case to trial that Covert believed he received a sentence that appeared harsh in his eyes as well as many of his supporters in attendance at the hearing Monday.

 

They want people tto behat fight the good fight to be worried that if you do fight it will be worse for you i've seen a few case's last month that got their case     NOLLE PROSEQUI      and they where a Dispensary

In Oakland County the Judge's can't even say the words case dismissed and we can't even say the words medical marihuana  to a jury                      

[trichcycler]

I've seen courts "punish" defendants in many cases seemingly because they chose to go to jury. When this first happened I bet the prosecutor and the judge were once lawyers themselves, and the defense attorney wanted to be one also. A fine system in the making, fruiting for years unfortunately. I don't like lobbying, plea bargaining, or politicians. I hope this guy's suffering ends soon. what a bummer.

[garyfisher]

the worst part is the judges wife is a pharmaceutical sales rep.  The judge is literally in bed with big pharma every day!

[matt79]

I just dont get why cities are spenging 10s of 1000s of dollars to prosecute dispensary operatord and only giving out 180 day sentence?

Sale of marijuana less then 5kg is a 4 year sentence.

Not that im complaining. I just figured judges would be handing out the max

[matt79]

Oh i meant to post that on the otsego county case

[bobandtorey]

Mr. Hartwick got 2-40 years and he never sold any cannabis and was under his plant count and weight got 40 Year's

Edited April 7, 2016 by bobandtorey

[matt79]

I dont get the hartwick case at all. It dont make any sense

[trichcycler]

home grown medical marijuana is in direct competition with big pharma efforts while they once again begin prescribing cannabis products.

Since many mature voters derive their income from these anti's, pour their resources into their profiteering, and are addicted to their products.... the situation is not likely to change soon unfortunately

[phaquetoo]

Im kust confused how a jury will actually convict a dispensary owner.why isnt jury nullification being used in these cases? Thats what i would do if i was a dispensary owner

despensarry's are not in the law,  How does a defendent use jury nullification?   read the meaning of jury nullification and you will understand why what you are saying does not compute! lmao

 

me to my lawyer, lets use the jury nullifaction defense.  bawahahahahahahahahahahah

 

sorry! it is funny!

 

Peace

[trichcycler]

a lawyer doesn't get to decide to nullify. A jury privately decides this, regardless of the evidence pointing towards a court described crime. just because someone is guilty of a crime does not mean a jury has to find them guilty, to the courts demise, that would be considered jury nullification. the courts(illegally?) order the jury to find a defendant guilty if their is evidence of the crime committed by them.  sometimes they listen, sometimes they don't. you could go to the ocurt house and instruct jurors of their right to nullify at every marijuana case, but we know how that turns out.

[Restorium2]

Jury nullification, a true story by a defendant;

 

The defendant was being charged with manslaughter. The jury was formed of people from the community. They all knew that the intersection was terrible and many had died there. The prosecutor asked each juror if they had any 'ideas' about the intersection. He asked carefully and said that if you have any 'ideas' don't say them, just say that you have these 'ideas'. The third juror he asked if they had ideas blurted out, "yes, the intersection is terrible and many people get hurt there and some die." The jury was nullified. There never was another trial. 

[phaquetoo]

I dont get the hartwick case at all. It dont make any sense

Read the mm law for MI, understand that, it is written in plain language that a person who can read can understand, it dont mean leo is following our law,,To under stand some of these case's the best advise I can give you is to reread the law many times, Untill you understand it completely, This site is here to answer questions for people who dont understand, There are many threads in here you have access to,  It would help you to understand the law, Than read your local paper and see how many people are getting arrested for mm, if it says mm usualy they are registered, go to the court case and learn something,  If you were to get caught with a joint at this time, I dont think you could get yourself out of it, even with a court appt attny!  (kinda like you couldnt break out of a wet paper bag to breath)

 

I dont know what else to say, if you notice you havent had any reply's to your post's!

 

The internet is a great tool, at the tip of your fingers.  I hear people are even getting their educations online!            

[matt79]

Phaqutoo your kinda a prick. Your totally wromg on your notion of jury nullification. The other posters pointed that out tho.

[Highlander]

Phaqutoo your kinda a prick. Your totally wromg on your notion of jury nullification. The other posters pointed that out tho.

In all fairness to Phaque, it kinda came across like you said that if you were a dispensary owner defendant, you'd use jury nullification. Jury nullification isn't a defense given to a defendant. It's an outcome that kinda grows organically within the jury. If a defendant actively seeks jury nullification, he can expect a mistrial at best (to be tried again later by another jury). Worst case is that the defendant would probably be charged with jury tampering and held in contempt of court....and tried again.

 

We've already seen situations where supporters showed-up for trials wearing MMJ supportive TShirts and the judge ordered those in the gallery to wear the TShirts inside out if they wanted to sit in the gallery.

 

Phaque might be a bit of a Rick, spelled with a silent P. That's what makes him so fun to have around.

[matt79]

My point was to express that i feel blown away by how jurys can actually convict dispensary owners or for that matter anybody on trial for selling meds to a cardholder. The law clearly states that a cardholder can purchase from anybody.

And why cant a defendant educate a jury about jury nullification? I really dont understand it.

If i was on a jury i couldnt convict if i felt the law was crap.

[trichcycler]

My point was to express that i feel blown away by how jurys can actually convict dispensary owners or for that matter anybody on trial for selling meds to a cardholder. The law clearly states that a cardholder can purchase from anybody.

And why cant a defendant educate a jury about jury nullification? I really dont understand it.

If i was on a jury i couldnt convict if i felt the law was crap.

law says you can buy from anybody, not sell to anybody. They tell us we can only well to our five registered patients. Your frustration is duly noted. I am glad you would not convict a marijuana defendant. Notice those who feel this way will be rarely chosen to be on the jury.....

 

peace

 

(matt79- getting to know phaq..)

[Wild Bill]

I just dont get why cities are spenging 10s of 1000s of dollars to prosecute dispensary operatord and only giving out 180 day sentence?

 

Civil forfeiture. They get to pillage the shops and steal any money or property they can find.

[trichcycler]

leo likes to grab the stack of copied patient/cg information, usually given to the disp before a transaction takes place.
they like to threaten people to get more information, find snitches, make more busts. its what they do. its what we pay them to do right? They follow corporate orders, protect corporate interests.

[Restorium2]

I just dont get why cities are spenging 10s of 1000s of dollars to prosecute dispensary operatord and only giving out 180 day sentence?

Sale of marijuana less then 5kg is a 4 year sentence.

Not that im complaining. I just figured judges would be handing out the max

MUSKEGON, MI – An officer of the law in Muskegon could soon be spending most of his time "investigating and educating" medical marijuana providers and marijuana-related businesses.

 

The Muskegon County Board of Commissioners Courts and Public Safety committee recently voted to accept a $61,249 Medical Marijuana Operation and Oversight grant from the Michigan Department of Licensing and Regulatory Affairs, called LARA.

[dutchfarm]

 

So let me get this right, The same folk pushing for dispensaries that are continuing to be raided want a top on an Outdoor Grow?

 

The dispensary lobby are and have been promoting activity they know is getting people arrested.

 

They have No Credability.

I have a top on my grow, because the cops told me if I did not, I could test it in court after they arrest me and take everything. I do not neccasarily support nor am I anti dispensary, my patients do not go to them, they like my outdoor grown better than what they get at the dispensaries and their prices are way over the top,imho. I have been to several dispensaries in traverse area, in search of clones or cuttings, alwys kinda felt like a rattlesnake den :>)

Farmer Brown

[dutchfarm]

Funny, my wife tells me quite frequently, I am a real peach, P-R-I-C-K, peach :>)

Farmer Brown

[bobandtorey]

 

MUSKEGON, MI – An officer of the law in Muskegon could soon be spending most of his time "investigating and educating" medical marijuana providers and marijuana-related businesses.

 

The Muskegon County Board of Commissioners Courts and Public Safety committee recently voted to accept a $61,249 Medical Marijuana Operation and Oversight grant from the Michigan Department of Licensing and Regulatory Affairs, called LARA.

 

 

 

Will this help ?

https://www.michigan.gov/documents/lara/FY_2015_Section_902_5_BHCS_Medical_Marihuana_Grants_APPLICATION_476040_7.pdf

[Restorium2]

Will this help ?

https://www.michigan.gov/documents/lara/FY_2015_Section_902_5_BHCS_Medical_Marihuana_Grants_APPLICATION_476040_7.pdf

There it is. $3,000,000.00 to anyone who thinks they want to use it to enforce the MMMA of 2008, which describes penalties that can be construed as wanting to be enforced by our money paid into the program. Money for nothing and enforcement for free. 

[Restorium2]

This is exactly why I always point out the downfall with fake legalization. It will eventually provide funds like this for law enforcement to use, after they buy off the legislature to make rules they can use against us. Once you have seen how they operate your mind has to go there. 

[bobandtorey]

There it is. $3,000,000.00 to anyone who thinks they want to use it to enforce the MMMA of 2008,<<<< Yup their it is you and many here see it but what can we all do patients have been thrown under the Bus Imho