gladstoned
Well-Known Member
Uh oh, here we go again.
That's the exact thinking that will get a bunch of people arrested.you could have 150 plants.
all in a field unlocked.
as long as could can show you had the medical necessity..
and with all that Japanese radiation.. we all need some rso!
That's the thing with the word 'reasonable"...it's way open to interpretation. A judges view may be waaaay different than a patients.I find and oz or two for a whole month very unreasonable. Many of us go through a zip a week easy. Is a 2 month dry and cure unreasonable? Even if cured meds are better? I think it would take 10 lbs to become unreasonable. I believe a few in very very reasonable. Not only reasonable but as a caregiver that caregiver should absolutely have a few lbs on hand. If a patient is diagnosed with cancer, do they then inform their caregiver to add equipment and wait a few months.
Also, if anyone has any family member that has ever been diagnosed with cancer, then can't that be used as a medicinal reason to have marijuana. or must one wait until they are actually dying? Doctors ask all the time about family history and how to prevent shit from happening. If anyone that has ever gotten stressed out and smoked some weed and then felt better, isn't that medicinal?
I think out of 12 jurors, one would be reasonable. Out of 12 voters 7 1/2 are reasonable. Out of 12 politicians, 0 are reasonable.
I sit corrected - from the start I was of the belief he had a card or app.i am-
he did NOT have the rec at the time of the violation, therefore, while he will be granted the exploration, he will not pass it.
the decision was to clarify the section 8 interpretation. the MMMA is not retroactive. we all new that.
Are you delibertly snipping out the rest of #3?well guys the WAY king will get off is this..
"The trial court found Defendant cultivated marijuana in an enclosed, locked facility, satisfied the affirmative defense and granted Defendants motion to dismiss the charges."
Because Defendant failed to comply with the provisions of Section 4 regarding the enclosed, locked facility he was precluded from asserting the Section 8 affirmative defense.
BUT.. now we know that YOU DO NOT NEED to follow to protection in section 4 to use the section 8 defense
this is why SEVERABILITY is in the law like 6 times.
each section is separate.
if you have a doctor's rec. which i have 2 - 1 from my first doc. another from my renewal.
you have to meet 3 things at your hearing.
1- you had spoke to a doctor -don't even need a REC "(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;"
2 - you can show you didn't have any more than a "reasonable amount for a consistent unaided supply"
3 -the defendants use was
to treat or alleviate the patients serious or debilitating medical condition or
symptoms . . . . As long as a defendant can establish these elements, no question of fact
exists regarding these elements, and none of the circumstances in § 7(b)
of course here is what bob needs to read.
4. Section 8 of the MMMA provides a limited protection for the use of medical
marijuana in criminal prosecutions, which requires dismissal of the charges if all the
elements of the defense are established.
5. A defendant need not establish the elements of § 4 to have a valid affirmative
defense under § 8.
6. A defendant who moves for the dismissal of criminal charges under § 8 must
raise the defense in a pretrial motion to dismiss and for an evidentiary hearing.
33
7. A defendant is entitled to the dismissal of criminal charges under § 8 if, at the
evidentiary hearing, the defendant establishes all the elements of the § 8 affirmative
KING WILL WIN.
he had a card.
I am with FM...the real problem is that King begged to get busted. He led a protest on a Federal building, and the signs were stacked in his yard. He had an outdoor grow going, at a time that it was considered forbidden. The Kennel was not secure to the ground. The back door to his house had no lock, and there were plants inside.I sit corrected - from the start I was of the belief he had a card or app.
Okay Attorney Murfy, Sir, You say he won't pass the examination.
I assume this is because he did not secure his grow?
The reason I ask is it looks like the guy gets nailed either way because he did not follow the rules.
With the quantifier of course that he did not need to exceed the parameters of the program to provide his own meds?
Jesus Fuck I just gave the Attorney props for correcting me.King had a Recommendation at the time of arrest...Kolanda did not..two seperate cases.
Depends upon type, progression, the patients ability to work with pain.That's the thing with the word 'reasonable"...it's way open to interpretation. A judges view may be waaaay different than a patients.
You have to remember that even with a card or Dr recommendation, the court is going to look at the "condition" that you are treating. If you don't have a big condition..IE: Cancer, MS..something truly chronic and debilitating, the amount considered "reasonable" by a judge is going to be much less.
The majority of people that will get arrested and need this defense will fall into the 'pain" category. And most of them will have a Dr recommendation based on a minimal condition.
Remember, in court a Prosecuting attorney can present a Doctor of their own to give his opinion of the severity of your condition. Can you even find your recommending DR to testify? So, how much is "reasonable" to treat Arthritis?
Guys,,do what you want..but don't think these rulings give you complete protection.
Unless of course, you want to be the next test case in court....
Like you, I have a shitload of documentation. I'm a Parkinson's patient. I also comply with all the rules. Plant counts (always under) weight on hand, locked secure..all of it.Depends upon type, progression, the patients ability to work with pain.
My Doctor would certainly say I need what I say I need because he trusts me.
I have a twenty plus year file with him.
My shit is so documented, and my Dr. so supportive, that it would be a treat for an attorney to defend me.
I personally don't need to exceed the limits; but I think Sec. 8 applies for those who do.
The problem I see is having a 'pot Doc' testify as to need: they may not come off as credible.
I have Degenerative Rheumatoid Arthritis since I was a child - it is auto-immune disease that never gets better.
Most people only get it when older; but I hit the unlucky lottery of life and came up with that and chronic Bronchitis by the age of 10.
no i wasn't but i will find it..Are you delibertly snipping out the rest of #3?
Do you have the full quote?
Thanks.
correct Bob. I dont hate you are anyone, I am a guy full of love, but im also already full of shit and have room for no more of it, from anyone. lolTimmah and I have never really dis agreed on what we would like to happen...just about how to go about making it happen. He's been more of a stop the laws from beiong amended guy, and I'm a help them amend them favorably guy.
In the long run, we'd all like to see the same thing. It's the most effective way to do it that causes debate.
Jesus Fuck not everyone can be right here and everyone has a different take.
I'd sure like to know what it all really means.
Let's get back to King: He had a card or app in at the time.
He was growing under Sec. 4.
I don't see how he can argue Sec. eight "exemptions" for security as medically necessary: it does not compute.
Like I said before - he did not even try to comform to the rules.
Maybe I'm just stupid; but I don't see where not securing your grow can be construed as medically necessary, especially in his case.
i am-
he did NOT have the rec at the time of the violation, therefore, while he will be granted the exploration, he will not pass it.
the decision was to clarify the section 8 interpretation. the MMMA is not retroactive. we all new that.
Wrong bob. you will be arrested, but at the Evidentiary Hearing, someone with atleast a drs rec, can ask a sec 8 dismissal. so long as they did not violate part of section 7, ie on a bus, in a school area, prison ect..... the charges SHALL Be dismissed.. If their is a Matter of Fact in question, amounts or plant count ect... ) then the Defendant can Present that evidence to the jury of their peers At Trial. but they have the ability at the Evidentiary Hearing, to get the case dismissed. Furthermore the MSC, stated in very clear and concise terms that the Act, Must be read as a Peoples Initiative, Not as a Legislative, or Judicial Understanding, but the simplest and Broadest Interpretation given to the Law by the body the ratified it to law, ie... We the People.Good to see you are still ignorant.
Section 8 IS a trial defense...section 4 allows a dismissal. You agreed with Murph, then corrected him, just to argue with me.
My opinions are to try and keep people from getting in trouble..yours is to tell them to do whatever they want, with an overly broad interpretation of the law.
Ok guys...ozz says we can grow 300 plants, outdoors, with no fence...so long as we have a recommendation.....ozz, you are an idiot if you think that section 8 will provide that kind of broad defense coverage.
Section 8 does remove plant and weight counts outlined in section 4. However, if you think that is a good thing, you will prove to be mistaken.
(2) the defendant did not possess an amount of marijuana that
was more than “reasonably necessary for this purpose,”
The second condition is way open to a judges opinion..or a juries. You guys all want growing as much weed as possible to be legal..it isn't.
by removing the plant count and weight protections under section 4, I bet most judges will allow LESS cannabis, plants or weight, to be viewed as "reasonable". King had maturing outdoor plants..what do you think the weight was going to be?
Do you think that it doesn't matter? Think again...