"enjoined from enforcing--"
....how the fk do the community do that??
[seems] -like the 3ma has been effectively stopping any >'organized' opposition to any new rules....?
--especially any the cannabis iLLuminAti [steakholderz] r working on
no attorneys here.....
if they are here they are smokers and do not reveal themselves.....
therS dRs in heRe that coAch leGal stuF somEtimEs
(hEs not speAking to uS rigHt now thO there haS beeN sUm issUes latEly)
laWyers and their 'ilk' R moStly oVer @3ma...
(u dO knOw thAt pLace??)
we aRe moStly >pts-CGs-groErs and geNeral puBlic herE seeKing feLLowshiP >>thrU thE pLant 
...noThing elSe
[cops and guys w badges in here too--theRe haS even beeN otHer guyS...aCtivistS ..agitators.....in here lateLy alSo]
--seems alot of people here lately trying to discuss legal stuff and incriminating shit trying to test the community here and see who's following the ruleS or challenGing the status quo oR suppoRting cErtain faRmers marKets or rallies--
--sum oF uS are fully awake here and concious and wE watCh thE laWs news and plaYers cloSely-
--it affeCts ouR loVed onEs
the 800lb guerillA--
i was expectinG u miGht dRop oveR herE.....
the fact that macomb has extended their moratorium means no one there has challenged it---right?
ypsi won their zoning case against the couple----right?
wyoming?
this ordinance is one guy in >another municipality.....
challenged....
lost......
appealed....
>awaiting rulinG by SC
along with all the other municipalities trying to stand on this
-we are all watching
....again
the high holies will have the > 'final' say...
until then --
>>right now pts/CG in cities R oK ...
oK as lOng as iF they r caught up and .catch a caSe they have moNey $$ for lawyers$$
our protections IMO are >very limited and non existent if you do nOt follow every single rule...IMO
follow every rule by the letter and youmay be immune-100% -it can be challenging-
one violation could cost you everything if you are discovered
sec8 >seems like protection for a medical defense
ONLY if the lawyer you pay alot of money to$$ convinces you he can get the case argued and possibly get you off--50/50
>and only if you move for a sec8 defense in the beginning of your case
sec4dictates the rules.....
break even one and ur fuked and can't even mention the word medical marijuana if you have to go to court in some places-
some f this has changed now tho and we have slight more breathing room.....until this is settled-
there has been a couple cases
violate any one clause in the ruleS tho and ur fuked if ur caught up -
not much difference in having no card huh?
unless you are just trying to grow your own medicine and not intending on helping anyone else
..the little plastic 100$ card makes sense then -
--to give the state more money so they can use it to hire more cops and people to help them to enforce the ruleS and the groups out here helping them in the name of patient protections
>>make a living 'legally' as a CG...??? pfffft! this case could decide a lot of that-
why were there >>no ""class"" action lawsuits challenging this--?
didnt have anything to do with the lawyers directing this movie does it?
it took one guy a >>CG/lawyer to institute this....?
prolly the only guy with the resources and skills to do this-
i don't understand if he was a lawyer tho ??why he did not put out a call to other CG to join in a class action.....?
did you link your 'flushing' case w this??
i believe thEse zoning type lawS aRe >>goinG to bE insTituted ....u no tht
ypsi muskegon lansing and other communitiEs aRe fiGhtinG haRd wiTh sUm groUps anD iDiviDuals to briNg thIs aboUt and have theSe tyPe ruLes and laws imPlimeNteD and codified...to their benefit--and the dispensaries operating in those areas
you got big $$??
then you can conduct yourself in these communities if you follow their rules...
enjoining communities to kEEp them from enforCing??
--i would think CC would be all over this as it may affect those groups and where they operate unless they live Iike way up north in the uP or somthing like that...where it won't affect them or their activism....
oh wait ...that's right....CConly do info and education....no activism.....forGot....my bad-
whos trying to protect what's left of r 'rights' ??
On the lighter side, here is one hard fought win. Could this be sited for any legal precedents? This guys had a hard 3 year fight on his hands. Questionably over count with other arguable infringements. Does anyone see grounds for a law suit on the victims behalf?
Not to mention this guy had to suffer losing his wife to Lupus while defending his right to treat her w/cannabis.
http://www.michigansthumb.com/articles/2013/03/22/news/local_news/doc514d03235643b028461426.txt
BAD AXE — More than three years after his Bad Axe rental house was raided, charges against 47-year-old Livonia resident Jeffrey David Ellis were dismissed Friday.
Judge M. Richard Knoblock made the decision after determining that Ellis was in compliance with the Michigan Medical Marihuana Act, on that day in September 2009.
In what was sometimes a contentious hearing, two key points in the law were clearly established through witness testimony.
Dr. Randall Sternberg, who also is of Livonia, said he has acted as Ellis’s primary physician for years, and he signed paperwork for Ellis, Eliss’s late-wife, and several other clients to receive medical marijuana cards. This proved Ellis had physician approval.
Sternberg said he helped less than 10 clients obtain medicinal marijuana cards, only giving them to patients who had brought up the notion after years of him knowing they were in pain.
Ellis was able to wean off pain-killers for tendinitis after he obtained his card.
Two other witnesses discussed Ellis’s role as their licensed caregiver for medical marijuana, describing how ailments ranging from degenerative disc disease to extreme nausea were helped by his products. Ellis himself talked about how marijuana had helped his wife deal with her
lupus, and how her condition had spurred his extensive research into marijuana in 2008 and subsequent start as a caregiver.
“We knew the law was changing (in 200
and we were going to get on that immediately,” Ellis said.
The testimonies were in line with another part of the law that requires marijuana transactions to “treat or alleviate the patient’s serious or debilitating medical condition.”
Contention revolved around whether or not the amount of marijuana Ellis was growing was reasonably necessary to treat his clients.
A large portion of the hearing was spent with the prosecution going over how many plants would lead to how many usable ounces and grams of various forms of marijuana.
In the end, Knoblock determined that Ellis was within a reasonable amount to try and give care to his clients.
In what was one of the biggest news stories in 2009, Ellis claimed he had done nothing wrong after local police raided his home. A card-carrying registered caregiver licensed to give patients medical marijuana, Ellis felt he deserves protection under the Michigan Medical Marihuana Act.
After criminal charges were filed, Ellis sought to use Michigan’s marijuana law to defend himself during trial. However, prosecutors argued Ellis deserves no protection from the state’s medical marijuana law because he was not in compliance with all provisions of the act. Specifically, the door was not locked to the basement where Ellis grew marijuana. Also, police say Ellis had more marijuana plants than what’s allowed by law.
Ellis countered that the door to the home was locked, and that plants without roots were counted by police, and they should not have been counted because the law allows for caregivers to have enough in stock and in the growing process to not cause a shortage in a patient’s supply.
Knoblock originally agreed with prosecutors, noting Ellis was not in compliance with all the provisions of the state’s law.
Because he could not use the law during trial, Ellis plead guilty to a charge of manufacturing and distributing a controlled substance outside of a license in November 2011. In April 2012, he was sentenced to serve 60 days in jail and 36 months probation. However, Knoblock agreed to stay the terms of Ellis’s sentence, as it was known Ellis and his defense attorney, Michael A. Komorn of Southfield, were going to appeal the case to the Michigan Court of Appeals.
Since that time, the Michigan Supreme Court has weighed in on the state’s medical marijuana law. Specifically, the court ruled that even if a defendant does not meet all the provisions of the act, a separate portion of the law still gives a person the right to use the medical marijuana law as a defense during a trial.
The result of that ruling was that the Michigan Court of Appeals vacated Ellis’s plea, and sent the case back to Huron County for Friday’s hearing. During that hearing, he had to prove he had a physician’s recommendation to serve as a caregiver; possessed a quantity that’s not more than is reasonably necessary to ensure the uninterrupted availability of marijuana for his patients; and that he engaged in the possession/manufacturing of marijuana for a patient’s treatment. Had there been a question of Ellis being in compliance with those three areas during Friday’s hearing, the matter would have been decided by a jury. Instead, Knoblock ruled he was in compliance and the charges have been dismissed.g
I think most* of us have been there and moved on.
