got caught with 24 ounces and 100 plants. how screwed am i?

cephalopod said:

electric records could have been enough, sadly I should note.

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Me and my lawyer are hoping its something like that. A high electric bill is grounds for a warrant?

mike565656 said:

Me and my lawyer are hoping its something like that. A high electric bill is grounds for a warrant?

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coupled with routine spikes like 12 up and 12 down. Smart meters can tell what cycles 60hz etc. that the appliances in your home are running in.

This won't see trial. I'd be real surprised if it did.

You guys think I'll be convicted of a felony and jail/ prison time ?

like mentioned, id be damn happy to have the case handed to county from feds. but i just dont know enough bout ur laws to know, youre lawyer should know these 'Qs....

mike565656 said:

You guys think I'll be convicted of a felony and jail/ prison time ?

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If the feds have handed it off, they are who you'd have to worry about. State level folks don't really care.

Please delete this thread post.

power usage huh? I have 7 55" flat screens, and 7 comcrap cable boxes. I also subscribe to the hockey/nba/football/baseball ticket and get EVERY game and watch every game. plus 2 putters, and gaming systems officer. that's why my power bills are so high.

this was just a joke, but how can one tell your power usage from what I described above and a small 1200 watt grow? you cant.

my power bills been 400-550 for the past 4 years in 2 separate locations. and NEVER get a smart meter. when they tell you you have to have one, BULLSHIT. you can pay 90.00 svc fee a yr to NOT have one when they come to your area to do retrofits.

WC must be one o the best pIaces to mess up..the courts are swamp with cases

It's kinda hard to say you're fucked. You will want to plead an affirmative defense. Have your lawyer file a motion to be heard in a pre-trial hearing. All cases that are pled that way are presently being held in abeyance until the Supreme Court rules in the cases of Hartwick and Tuttle. Their decisions might be very helpful. You will have to give the court proof of all bona fide physician relationships. Whether a card is enough to do that is under advisement with the court, and we are optimistic that the rulings will favor us. The following is the law as it pertains to these questions. For counsel you might get with Michael Kormon and Rudoi Law. There are several other good people around if you want to shop a little. Good luck.


Initiated Law 1 of 2008

333.26428 Defenses.




8. Affirmative Defense and Dismissal for Medical Marihuana.
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.




History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 ;-- Am. 2012, Act 512, Eff. Apr. 1, 2013
Compiler's Notes: MCL 333.26430 of Initiated Law 1 of 2008 provides:10. Severability.Sec. 10. Any section of this act being held invalid as to any person or circumstances shall not affect the application of any other section of this act that can be given full effect without the invalid section or application.


© 2009 Legislative Council, State of Michigan

GregS said:

It's kinda hard to say you're fucked. You will want to plead an affirmative defense. Have your lawyer file a motion to be heard in a pre-trial hearing. All cases that are pled that way are presently being held in abeyance until the Supreme Court rules in the cases of Hartwick and Tuttle. Their decisions might be very helpful. You will have to give the court proof of all bona fide physician relationships. Whether a card is enough to do that is under advisement with the court, and we are optimistic that the rulings will favor us. The following is the law as it pertains to these questions. For counsel you might get with Michael Kormon and Rudoi Law. There are several other good people around if you want to shop a little. Good luck.

Click to expand...

Nice, has Rudoi Law mastered rudimentary spelling and grammar skills? I don't understand how a lawyer can operate without those basic language abilities.

uhhuhuhhuh

My buddy was poped about 6 yrs ago with a pound and a un-registered hand gun.No felony and 3 yrs probation.He did pay 12 grand for his lawyer tho.

sucks. hope it works out.

I have a very close friend who was raided by the multi-county drug task force thinking he was growing pot. It was not a "kick in the door" type of raid, but a knock, the person said he was an agent with the drug task force and he had a warrant...Then a who lot of vehicles and people with guns appeared out of nowhere. What was found was garden plants, some guns (LEGALLY OWNED), one marijuana pipe, and a a pittance of marijuana forgotten about in a safe. No marijuana plants, no arrests at the time, and told if the prosecutor wanted to charge he would hear back in a week or months. Five months later he was charged with a grow op (due to having a grow room with no marijuana plants), having firearms in the vicinity, but no charges of possessing marijuana. His attorney said with his clean record he would most likely beat the charges BUT because of the firearms it was bumped to a felony and if he lost, a min prison sentence of ten years would be the sentence. He was told the judge would have no say in that, and even Mother Teresa would do time if it was here due to the firearms. He didn't want to risk it since so many people are anti-firearms and could see guns + a spot that "COULD" of grown marijuana as too risky. Took a plea of having a house where drugs were used, no drug possession, no paraphernalia, no jail/prison time, two years of unsupervised probation. They were sure they were going to get something for their troubles.
And get this, when what was taken as evidence was returned, the marijuana pipe was returned AND it was still loaded. Be very careful with any pleas offered.

Make sure you file a Law suit yourself to pay back all the stuff they illegally Stole when they Broke into your home with no reason. Go to a Jury Trial and get what you can out of those Law Breaking SOBs . Sounds like they had no reason to get a Search Warrant they have to prove why and how they obtained it. They always Break A Branch off the Tree of discovery and when they do that Illegally , The case gets thrown out because they have broke the law to manufacture a crime. they have to have reasonable suspicion and Prove it was obtained with the law, Not some person that said by HEAR SAY your growing . The thing I would be worried about is the Over 100 plants, if you say 30 where not rooted you can't be charged with them plants in Michigan. I take it you where maxed out with 5 patients ? 24 ounces is over too, but if they had no reason or broke the law getting the warrant you should be ok. I can tell you from my own experience I got popped with far more than that, I walked because I stood strong and wanted a court Hearing with a jury of my peers, Be there for Jury selection and if it goes that far. My case got thrown out I have no record to date. you have to be willing to fight. And all you people that don't want to go due your Jury duty, We as the new world have to do it so we can protect our people in these ridiculous unjustified Bullshit cases. these cops are getting away with, If it wasn't for NARKS they would be out of the MM busting Program. LMAO and also IMHO.

^^^ I have always hopefully suggested a law suit in the past, as it seems the only way to obtain justice given the corruption of our criminal justice system as it relates to MMMA and the like nationwide. That said, the current civil law game in this country is unquestionably pay for play, you have no right to an attorney and in most cases at least one is required by law. This side of the lawfare game is the true cause of most inequalities in our society from protecting/establishing corporate greed to government corruption and that's when all things are just about the money. Here's the problem MMJ: With the Schedule I/Drug War scheme/status quo you cannot even legally/'ethically" hire a damn civil lawyer ...

http://www.nj.com/politics/index.ssf/2015/04/nj_medical_marijuana_dispensarys_legal_battle_coul.html