Section 8 victory???!!??
- Thread starter HGK420
- Start date
HGK420
Well-Known Member
in the first post someone sent to me in a screenshot Matthew abel said they had won using section 8, he said he would post a picture soon of the items being returned. the first post apparently has been taken down by one party or another but heres the link to the pic he posted of the stuff being returned
https://www.facebook.com/photo.php?fbid=10152003423158165&set=a.10151205092508165.462022.790858164&type=1&theater
https://www.facebook.com/photo.php?fbid=10152003423158165&set=a.10151205092508165.462022.790858164&type=1&theater
HGK420
Well-Known Member
HGK420
Well-Known Member
facetiousness set to 11? or really as stoked as me?
HGK420
Well-Known Member
for those who dont know, this is what section 8 says
Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:
(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) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and
(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the 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.
(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).
(c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:
(1) disciplinary action by a business or occupational or professional licensing board or bureau; or
(2) forfeiture of any interest in or right to property.
| 8. Affirmative Defense and Dismissal for Medical Marihuana. |
(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) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and
(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the 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.
(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).
(c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:
(1) disciplinary action by a business or occupational or professional licensing board or bureau; or
(2) forfeiture of any interest in or right to property.
TheMan13
Well-Known Member
Now that Section 8 has been accepted for exactly what it is: an "Affirmative Defense and Dismissal for Medical Marihuana" in a criminal court. How long will it be before the State is held accountable for their transgressions under Section 4: "Protections for the Medical Use of Marihuana" in a civil court? We've got a long way to go to integrity here IMO.
TheMan13
Well-Known Member
Again, I am NOT whining/complaining. A "win" denotes an end of a game and that simply is just NOT the case here. I'm here to bring you the reality of this game and that my friend is far from over. Simplicity/complacency is exactly what is preyed upon today, just as it has for the past 6 years of this act and will for the foreseeable future. Four years of paying Matt Able to simply have the clear letter of the law simply acknowledged by a court of law is a tragedy of justice no matter how you chose to frame it period.
Rrog
Well-Known Member
If we were living in a purely logical society without human frailties like pride, greed and simple barbaric cruelty, then we'd see a faster, linear solution.
Add to that, an inherently corrupt government (humans) and police / FDA dogma and you can see there's just no way to flip a switch.
Given no possible instant change we, like every other group historically demanding change, have to stay positive and focused on advancing the ball down the field. Cheerleaders cheer the balls' advance, though some may want a touchdown on every pass.
I choose to cheer the advance.
Add to that, an inherently corrupt government (humans) and police / FDA dogma and you can see there's just no way to flip a switch.
Given no possible instant change we, like every other group historically demanding change, have to stay positive and focused on advancing the ball down the field. Cheerleaders cheer the balls' advance, though some may want a touchdown on every pass.
I choose to cheer the advance.
TheMan13
Well-Known Member
As we witness these tragedies of justice acknowledged here with the reality of an Affirmative Defense and as with Entrapment with the Carruthers defendants, clapping our hands has the same effect as sitting on them. The simple acknowledgement of wrong doing does nothing without holding those transgressors (the State) accountable. Any thoughts on that progress or whom might fund those costly court battles?
HGK420
Well-Known Member
as far as i know YES, he did have his card. he had some plants in a dog kennel is what i read in a blog(not 100% trustworthy) I'm trying to find the original arrest report still whenever i do il share it here that will tell us some more.
and the man isn't wrong this is only a battle we've won the war has a couple campaigns yet to finish up. winning in shiwasse county is a huge win tho IMO. the county is notorious for stringing people up cause their bored. the fact that we certified section 8 there blows my mind. I've literally avoided the county all together for fear of backwoods politics.
it may be early for a full blown pop the champagne in the locker room we won celebration but a little touchdown dance is called for in this situation IMO! it only takes a single positive to invigorate everyone else to fight! hopefully this win will inspire someone else to fight and possibly get us more "Touchdowns" so when the time on the clock finally runs out we win!
