Patient Using Marijuana Convicted On Drug Charge

jonnynobody said:

Hate to beat a dead horse here but how exactly would that be disingenuous? She was a state approved MMMA patient and registered herself as her caregiver which enabled her to grow her own supply rather than having somebody else do it for her, so the articles appear to be completely accurate.

I for the life of me can't understand why people give a crap about this dumb old hag who broke the law and publicly defamed all of the legitimate MMMA supporters by making a spectacle of herself, unnecessarily drawing negative attention to the movement as a whole. Legitimate MMMA supporters should be ashamed of this moron.

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jonnynobody said:

From what I read in the articles that have been posted online, she had more than her allowable number of plants which negates any affirmative defense the MMMA may have provided for her. Oakland county's civil servants (sugar coating it, I know) is obviously out for blood in any way they can get it, so for this woman to not have her paperwork in order is really the highest level of ignorance and incompetence that she can blame on nobody other than herself.

If I'm missing some crucial fact here, please enlighten me. 1 patient = 12 plants and she had more than 12. Why should she be allowed to use the MMMA affirmative defense if she did not stay within the law?

I'm not suggesting I in any way support the actions of Oakland county but when you're in a county that is especially hostile toward MMMA patients, you would expect a patient residing within that county to use their head and follow the law to a fucking T.

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A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. An affirmative defense is known, alternatively, as a justification, or an excuse, defense.[1] Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability.

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333.26428 Defenses.
8. Affirmative Defense and Dismissal for Medical Marihuana.
Sec. 8. (a) Except as provided in section 7, 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.

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