Section 8 protection

Do you think we will pay onerous taxes, as will recreational operations?

no worry buck still looking at the info press release may be coming soon

GregS said:

What we are talking about is the text of the law. Nothing more, and nothing less.

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Text of the Law you say , the text here changes just as fast as the law and its text ..

Sad but true, justice is what you can afford in this country. Unless you can bankroll the legal team like Danny Trevino, you do not have the same rights as he. It's a rich mans game ...

ProfessorPotSnob said:

Text of the Law you say , the text here changes just as fast as the law and its text ..

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it was over before it started ...
it was a shell game

all the meaning was hidden in the words
...red brothers should be able to understand how the big fat old white guys use words to trick us

I think the Jackson guy that didn't even learn how to grow yet
and was caught with somthing the rest of us might thro away is as good example of how fucked up the law is....

he literally is being charged for >weeds<.....aKa ""marijuana"" now
i wonder if he had kids or a wife and ffamily?
poor guy would have done all that and mayb the stuff wasn't even worth using when he was done

....clearly he was in th learning curve
at the bottom

his card was expired

and you can bet if he knows his only defense is sec8 if he can pull the '3prongs' out of his ass<--- and pay for it$
the lawyers [if he has $ for 1] will explain all this too him and it will cost him about 100$a word

most mmj cases if you go in there as a pt it's one price
and as a CG it's $$$$more

and if ur Danny Trevino you get the celebrity price-

some of the most expensive weeds he ever had...
i wonder if they'll weigh the root balls and charge him with that too=100lbs= for 3plants

buckaroo bonzai said:

it was over before it started ...
it was a shell game

all the meaning was hidden in the words
...red brothers should be able to understand how the big fat old white guys use words to trick us

I think the Jackson guy that didn't even learn how to grow yet
and was caught with somthing the rest of us might thro away is as good example of how fucked up the law is....

he literally is being charged for >weeds<.....aKa ""marijuana"" now
i wonder if he had kids or a wife and ffamily?
poor guy would have done all that and mayb the stuff wasn't even worth using when he was done

....clearly he was in th learning curve
at the bottom

his card was expired

and you can bet if he knows his only defense is sec8 if he can pull the '3prongs' out of his ass<--- and pay for it$
the lawyers [if he has $ for 1] will explain all this too him and it will cost him about 100$a word

most mmj cases if you go in there as a pt it's one price
and as a CG it's $$$$more

and if ur Danny Trevino you get the celebrity price-

some of the most expensive weeds he ever had...
i wonder if they'll weigh the root balls and charge him with that too=100lbs= for 3plants

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Point being that the AD is not a free ticket out.

Jeff from Bad Axe, who had over 14 lbs (dunno if that's dry) had his charges dismissed, but only after years of time, trouble, and expense. It has been plainly stated that those costs are to be expected. That he is not in prison is a testament to the fact that the law does work, and works very well. I would like to see the documents from that case. Other cases have been won, sometimes without adequate legal representation. One of them I am aware of concerned a patient who had a court appointed attorney who simply did not give a shit. I think that the steps, while not always easy, can be performed by a defendant with a degree of native ability and an average understanding of law. Can it be that patients can file the necessary motion to dismiss, collect and present the evidence to establish compliance with the AD, and walk away with a minimum of grief and with money left in their pockets? Prosecutors will do anything and everything to fuck up your day, and can be counted on to challenge you on every point. Nonetheless, there are successful cases that have been worked by patients who took an active part in their defense through that part of due process.

I have toyed with the idea that a signed, dated, and witnessed document used to assign caregiver rights by a patient, both unregistered, and attesting to and including a statement from a doctor that meets the bona fide requirements recently added to the law, would satisfy all of the evidentiary requirements except for possession amounts. As long as they are reasonable and can be adequately argued, the likelihood of complications would not be so severe by a long shot.

Yah gotta go against the grain on this one..

I'm with Greg the Gorilla. Basically on point.

Intent has alot of weight sometimes.

In most cases a court will not respect someone who represents without legal counsel. They will treat you like a moron and all deals will be off the table. Why? Be ause they think they are smarter than you. Plus you don't pay the "LEO" taxes ie contribute to their campaign funds like lawyers do. It's a private club as far as they're concerned...of which we are not a member.

You maybe missed the point , everyone has a right to legal counsel. and everyone should get it.

I am just saying sec 8 does work, and imo could work well. a "drug dealer" would have a hard time proving his case. Say a guy like me with 10 years of medical records and 3 years of hard cards to back up a very small grow. prob wouldn't be in same boat as the "lanky plant bust guy". we both go to jail. I prove my case because I have a lawyer and med records. He doesn't, even with a better lawyer bc he doesn't have a true sec 8 defense.

fattiemcnuggins said:

I am just saying sec 8 does work, and imo could work well. a "drug dealer" would have a hard time proving his case. Say a guy like me with 10 years of medical records and 3 years of hard cards to back up a very small grow. prob wouldn't be in same boat as the "lanky plant bust guy". we both go to jail. I prove my case because I have a lawyer and med records. He doesn't, even with a better lawyer bc he doesn't have a true sec 8 defense.

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How about this scenario? "Drug dealer" traffics to legal MJ patient with sec 8 protections. Has a criminal law been broken?

Lets focus for a moment on a well known case in Northern Michigan .. Petoskeystoned , one google or search of the 3ma will reveal alot on this dude and what he faced due to stalks in a garage , medicated chocolate cake weighed in by cops , 3 separate raids and a whole lot more bullshit all for what ? To prove a point in the jurisdiction he resided in and LEO did just so , the Prosecuting Attorney threw his section 8 out the window by the way and Rich wasted thousands on attorney fees

I am not one myself to wish to be the next test case when it boils down to it .. I agree there have been some successful test cases this far but they cost thousands and thousands and most coped out with a plea bargain like Petoskeystoned .. He did serve his time and they even sentenced him to have no assoctiation with any carded members for 5 years . Now imagine that , where the hell are we at ? Russia or another 3 world country of some sort as the picture of America is no different here than any other state ..

Not to argue or side with any views here , its all bullshit when it comes down to the technicalities of the Act and Rules .. The law has always been a joke in this country and it continues to escalate by the day .. I will continue to stay in compliance with all cards legal and up to date , why take extra risks when one is not willing to take extra penalties .. I myself have a little to much riding on me and depending on me to ever play with the WILD CARD . It can Kick ass or it can make you loose a turn or even worse it could spell GAME OVER .. Wild Cards are just that, WILD !

Oh by the way I like the former rules of Michigan , stay under 20 plants and keep quiet was the Rule , step over this and expect additional years for each new level of count . We knew damn well what over 99 meant as well unlike growers that co-op. Those were the rules I played by for 20 years and they taught me more than any medical law ever could !

If nothing else, a thorough understanding of the AD would diminish confusion on the part of a defendant, and help them to avoid being taken advantage of by attorneys and prosecutors. I have had occasion, albeit not in criminal court, to find law that protected me, even though my own attorney was not aware of it. These people often do not know all that is necessary. This understanding can go a long way toward keeping costs down, while at the same time enhancing the defense.

Without caregiver designation said dealer has broken the law. The patient is permitted to acquire anywhere and from anyone. If the patient is not registered, and relies instead on sec. 8, they will go through due process until and unless the charges are dismissed.

I still say have a Lawyer on retainment and make sure that he or she plays Golf and drinks with the Judges in your Jurisdiction as this is the best legal defense one can really have !

DaleRoberts said:

In most cases a court will not respect someone who represents without legal counsel. They will treat you like a moron and all deals will be off the table. Why? Be ause they think they are smarter than you. Plus you don't pay the "LEO" taxes ie contribute to their campaign funds like lawyers do. It's a private club as far as they're concerned...of which we are not a member.

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Point taken. Thanks.

Which is all the more reason to be up to speed. We can avoid the more common, and in some cases the more complicated, pratfalls that might otherwise occur if we leave things solely in the hands of attorneys and prosecutors. If nothing more, it is a means to keep them honest.

Sorry messed up my own argument there.

meant to say..--if I was "renewed",under the same circumstances, and not registered.

and said "drug dealer" was not renewed or registered.\


It "should work"

but in the case of crooked cops like mr. petosky's , it looks like he got screwed. or really pissed off the cops..

and I have to have a chuckle at the 3ma site.

these people all have photos of their own faces as their avvys...

GregS said:

Bob is anything but professional. This is a physician posting this silly shit?? Give us your credentials Townsend. Show us you CV and we'll throw beads.

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Already put up my credentials on the MMMA, no need to repeat them here.

At least the discussion seems to be going well. Doesn't look like they buy it here either.

Section 8 is a life ring only. A last ditch defense to go on the mercy of the courts to avoid conviction. It is expensive, difficult, and by no means assurance of avoiding conviction. Have a look at Bob Redden's case. It has been going on for 4 years, with doctors, legal teams, etc.

Bottom line it is foolish to use it as a basis of your actions under the MMMA, and the arguments using it to support unlimited amounts, unlimited caregivers, no need to register, etc will set folks on a journey through the criminal justice system they are ill prepared to to succeed if they rely on information they get on the internet. Information they took as gospel simply because it was what they wanted to hear- that they could do anything they wanted and couldn't be prosecuted.

Dr. Bob