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medical defense if busted for growing/posession
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#1 |
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Member
Join Date: Jul 2009
Posts: 577
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medical defense if busted for growing/posession
does anyone here have any info regarding the issue of someone being busted for growing, and in the meantime between the bust and court, they got their MMAR exemption? has it helped them in anyway or is it still straight off to the clink?
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#2 |
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Member
Join Date: Apr 2010
Location: Ontario Canada
Posts: 326
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I've seen it happen.
Normally the person involved would receive an absolute discharge from the court. But make sure you have all your shit together with your lawyer before attending your hearing. If there was any indication that you were dealing (e.g. scales, baggies) you will have some further explaining to do I would imagine.
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#3 |
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Member
Join Date: Jan 2010
Location: YUL/AMS
Posts: 89
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I'm not sure if you could get you exemption after being arrested for growing. They do pretty extensive checks. Not to mention the fact that you were not exempt when you got busted. Get the best lawyer and hope your judge is one of the smarter ones.
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#4 |
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Member
Join Date: Jul 2009
Posts: 577
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a criminal record has nothing to do with you getting your MMAR exemption to posess and grow. if you have a record for growing you cant grow for others but you can grow for yourself.
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#5 |
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Member
Join Date: Jul 2009
Posts: 577
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reverend, your from Ontario, are you familiar with the CCLDR / pol-coa defense? so far 19 people have used it and i believe all have gotten off all charges and many have received equipment back. i dont think any of these individuals used a lawyer to argue either. interesting stuff. not sure how many have tried it and failed.
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#6 |
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Member
Join Date: Jul 2009
Posts: 577
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p.s. there is a case in Canada where grower proved his medical need (and didnt posess MMAR license and still doesnt apparently) and got off all charges and had all equipment returned
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#7 |
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Member
Join Date: Apr 2010
Location: Ontario Canada
Posts: 326
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Your most correct. I cannot remember the exact case but I do recall reading about the return of the grow equipment and such.. If I remember it was a brother from Kingston.
I would (via lawyer) definately introduce any exemption or application for same. I would also have medical records in order to. Your lawyer should be advising you on all these issues. I do not think a criminal record is a hinderance if recommended by a doctor. Bearing in mind legalized medical grows are subject to random inspection.
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Pink Floyd - Sheep : https://www.youtube.com/watch?v=j5mJQGMqJvw Have you heard the news? The dogs are dead! You better stay home And do as you're told. Get out of the road if you want to grow old. |
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#8 | |
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Member
Join Date: Jul 2009
Posts: 577
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Quote:
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#9 |
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Banned
Join Date: Sep 2009
Location: 4th and fifth dimension
Posts: 1,539
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hey a.b.
i have heard of all excempties getting off while in between renewals where health canada took too long to renew. there was also a guy in van and another on the island that both got cuaght with over 1000 plants and provided a license 3 years later at the trial and the judge through each case out. evn alot of busts are thrown out becuase police dont follow procedure and fuck everything up like usual. to have a defence you need medical proof from a doctor. like history, a recomendation or endorsement, d |
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#10 |
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Member
Join Date: Apr 2010
Location: Ontario Canada
Posts: 326
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Wasn't there a brother out west that sued the police because they molded his partially dried buds from a medical grow. I seem to remember reading something similar in the newspaper a few months back.
Yep... the most important key here is a medical recommendation from a doctor and the application. Especially if the wheels were put in motion prior to your bust!
__________________
Pink Floyd - Sheep : https://www.youtube.com/watch?v=j5mJQGMqJvw Have you heard the news? The dogs are dead! You better stay home And do as you're told. Get out of the road if you want to grow old. |
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