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Old 07-26-2011, 02:54 AM #1
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Michigan MMj~ State App Questions

So, I got into a bit of a snag today... ended up in cuffs, in the back of a State troopers car, but that's not why I'm posting. Questions have to do with my conversation (at times almost a debate) with the trooper:

~ I was explicitly told that the State is taking close to 6 months to respond, and that the MO + Cert Mail receipt, along with the Dr's rec & app itself, would qualify as my 'proof' of legal submission... and that there is a 21 day waiting period the State will use to before they cash the check (making it a valid app), but once 21 days goes from the time of mailing, is where the clock begins. And that they wouldn't likely cash it in 21 days, as it would sit in a stack waiting to be processed. And that if they do not decline the app w/in a month, it is considered a legal proof of registry.

Cop tells me that they are mailing a letter with a certification stamp once they receive & cash the check... the first I've heard of this. And that only this page would qualify in lieu of a card, and that they still could arrest me, regardless as only the card itself makes it valid. It's been a good month from when I sent my shit in, and nothing from the State... didn't expect anything for months.

Q: was the cop lying to me about this? he was claiming my papers invalid & threatening to arrest me.


~ I am of the understanding that 'sales' are not stipulated for except that a CG may charge for their services as it relates to supplying a patient, presumably just their patients. And that patients could give to one another, just not sell.

Cop asks me where I got my weed (had a 1/4+ in a jar in my bag)... and I told him another patient gave it to me, hoping to avoid the buying issue altogether. He says I just admitted to a felony & that the law does not allow for patient to patient transfers and that it is specifically illegal.

Q: again, was he lying to me on this point? that it is specifically 'illegal'... truly believed this to be one of the gray areas...???


Also, he told me that they are going with a State registry where cops can access the database & that they will be applying a tox screening when pulled over & that a 4 hour minimum is needed between medicating & driving...???

Also, also, I didn't know it is 6 points on the record if you deny a blood test... which he was threatening me with... does that seem right? Just for denying the test & forcing them to get a warrant, regardless if I fight it & win? Again, I've got to question this.



Thanks to anyone that has some insight here from MI. No arrest, just a ticket for the vehicle, though he did take me to the station. Have to admit, he was very polite & respectful... and even engaged me in debate (think I talked myself out of the situation... I offered the solution he eventually went with), but this is my first actual pullover for this in all the years... and yes, I got lax... it was really my own damn fault.

Counting my blessings... going to buy some lotto tickets tonight!

Actually another question... do you think he was just sweating me & never had the intention of arresting? I mean, did I really talk myself out of the situation? Or did he just go through the motions to fuck with me? I'm still trippin a bit... sigggggghhhhhh
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Old 07-26-2011, 08:51 AM #2
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Quote:
~ I was explicitly told that the State is taking close to 6 months to respond, and that the MO + Cert Mail receipt, along with the Dr's rec & app itself, would qualify as my 'proof' of legal submission... and that there is a 21 day waiting period the State will use to before they cash the check (making it a valid app), but once 21 days goes from the time of mailing, is where the clock begins. And that they wouldn't likely cash it in 21 days, as it would sit in a stack waiting to be processed. And that if they do not decline the app w/in a month, it is considered a legal proof of registry.
That statement is correct, Except their not taking that long, More like 3 to 4 months top's.

Quote:
Cop tells me that they are mailing a letter with a certification stamp once they receive & cash the check... the first I've heard of this. And that only this page would qualify in lieu of a card, and that they still could arrest me, regardless as only the card itself makes it valid. It's been a good month from when I sent my shit in, and nothing from the State... didn't expect anything for months.
Incorrect. Plain and simple, This officer is misinformed. There has NEVER been a certification stamp or anything issued back to the applicant stating or certifying your approval. Your paperwork and proof that the state cashed your check is all you need as your temporary card, This is clearly stated in the act, Which im assuming he did not read. But that doesn't mean he cant arrest you, He can arrest you for looking at him funny.

Quote:
~ I am of the understanding that 'sales' are not stipulated for except that a CG may charge for their services as it relates to supplying a patient, presumably just their patients. And that patients could give to one another, just not sell.
First part is correct, Last sentence is incorrect. Patient to patient transfers are not stipulated and are therefor illegal. Its been argued up and down and all around man, Its not in the act = its fuckin illegal.

Quote:
Cop asks me where I got my weed (had a 1/4+ in a jar in my bag)... and I told him another patient gave it to me, hoping to avoid the buying issue altogether. He says I just admitted to a felony & that the law does not allow for patient to patient transfers and that it is specifically illegal.
He's correct. The law doesn't allow for patient to patient transfers, It's not in the law, At all. So what's that mean!??? Yep, It's fuckin illegal. A felony? Doubt it.

I have seen you around, I thought you were a pretty smart guy, until now. Well there's always next time for invoking your 5th amendment right. Damn dude, You broke the 1st rule! They are asking for a reason, CAUSE THEY DONT KNOW ANYTHING! We all make mistakes bro, Im just giving you a hard time.

Quote:
Also, he told me that they are going with a State registry where cops can access the database & that they will be applying a tox screening when pulled over & that a 4 hour minimum is needed between medicating & driving...???
Thats a certified rumor, Right from a cops mouth. It may be something their about to implement to bust patients and caregivers who think the card will protect them while driving. They have assloads of loopholes that will get your MMJ defense thrown out before you ever step foot into a courtroom. This sounds like one of them. Endangering the public by driving high? Your a DUI, not a MMJ patient.


Im surprised he did not arrest you for that big bad felony! Hahaha. Man this cop had a fuckin hard on for you dude. He bullshitted with you till he got everything he wanted from you, Plain and simple, You played HIS game, He did NOT play yours...Dont get it twisted and think you pulled something off. He never intended on arresting you after he figured out what was going on and he may have even liked you a bit, But he still left you believing you could be arrested at any moment, Didn't he?

They always smile and make you believe their doing you a favor while fucking you in the asshole


Heres what everyone needs to understand in Michigan. Marijuana is illegal, Period. The MMMA is a very slight exception, If something your questioning is not clearly stated in the act or not answered by the act, It's illegal. End of story. No gray area's. It's illegal if its not in the act.

Im trying to impress on you the mindset of our state government with everything I wrote here, everything I wrote up top^^^^^ is the way they see it.

The reality is, There are gray areas. How about the section of the act that states you as a MMMP cardholder can obtain your marijuana from ANY source (The word "any" means, a legal or illegal source) if your primary caregiver cannot provide that marijuana to you. This would include another patient BUT, only one patient can remain on the right side of the law in that transaction. One patient is obtaining it legally while the other patient is distributing it illegally. If you were the one obtaining it then you were on the right side of the law but its best to keep your mouth shut and let your lawyer hash those details out, Thats HIS job to do in court, Not your job to do standing face to face with an officer on the side of the road. Your job is to keep your mouth shut at all costs so you dont make his job harder or even impossible to do.

I have 4 patients under me and myself, so thats 5. I stay within the legal growing limit which is 60 plants, Besides that I treat it exactly the same as I did 10 years ago, Hide! No dealing to dispensaries, no compassion clubs, nothing to expose myself or put myself in danger.

Stay safe!
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Old 07-26-2011, 09:53 AM #3
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Originally Posted by Tuhder View Post
Im surprised he did not arrest you for that big bad felony! Hahaha. Man this cop had a fuckin hard on for you dude. He bullshitted with you till he got everything he wanted from you, Plain and simple, You played HIS game, He did NOT play yours...Dont get it twisted and think you pulled something off. He never intended on arresting you after he figured out what was going on and he may have even liked you a bit, But he still left you believing you could be arrested at any moment, Didn't he?

They always smile and make you believe their doing you a favor while fucking you in the asshole

Your job is to keep your mouth shut at all costs so you dont make his job harder or even impossible to do.
I totally feel ya bro... and it is all very well received. tapped today, but tomo I'll get you.

I do feel like an ass... been up all night.

Truthfully, and ignorantly, I felt that w my paperwork & such a small amount... why not cooperate, esp w being courteous & all... I actually didn't feel that I had anything to 'hide'. And I do actually have one of the lawyers cards in my wallet... which i didn't pay any attention to...???

Dunno... a first for me, and it is bothering me. Can't help but feel the way I went about it... yeah, well, fuck. Fuck.
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Old 07-26-2011, 06:53 PM #4
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Its cool man, Like I said, We all make mistakes and from the sound of it, Your mistake was not a very big one. You will learn from this and be smarter because of it.

But next time if LEO ask's where you got your weed you say one of two things, From my caregiver or say nothing at all. Im surprised you said from a patient rather than from my caregiver.

Im curious, What did he charge you with? Was this a trooper, County or local official?
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Old 07-26-2011, 08:40 PM #5
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Trooper & just a citation for the vehicle, made me call someone to pick me up, though didn't impound the car, just left it on the road.

I gave the response, because at the time thought it to be the 'safest'... it's my gear, haven't 'purchased' weed in quite some time, but didn't have the card for long enough to explain growing my own. wanted to avoid the 'sales' issue entirely through a dispensary, that seemed more sketchy as this is kinda still up in the air. and i didn't have any cg designation forms or anything to say my cg. dunno... at the time, it seemed the least incriminating answer... another legal patient gave it to me, as a gift, no sale.

What you pointed out was one of my mistakes, no doubt... shouldn't have answered. I still don't know... made a call today, and the response was similar to yours... say as little as possible. Nother guy told me that the troopers are pretty bad, should have been busted, good i cooperated... no idea still.

It's difficult at the actual moment... 'know' to say as little as possible, yet to do so elevates the situation... and he had me in the 'wrong' on an issue, not weed related... the actual ticket. I was a bit stupid, a bit lucky... and need to tighten my shit back up... medi is no excuse.
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Old 07-30-2011, 04:16 PM #6
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Glad your Ok friend. Best of luck with MI's confusing MMJ laws. I hope they soon make some amendments to help sort out these serious issues.
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Old 07-30-2011, 04:37 PM #7
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and that there is a 21 day waiting period the State will use to before they cash the check (making it a valid app), but once 21 days goes from the time of mailing, is where the clock begins.
this is completely incorrect!

you have 21 days from the day they CASH YOUR CHECK!
you must retain proof of the date the MMMP cashes your application check.

the AG is pushing to "clarify" mmj in mi in that law are some pretty restrictive clauses (they are trying to outlaw disps. and Patient to patient.

right now as these things are not addressed they are not technically illegal(contrary to other posters beliefs)the MMMP is not a charter of negative liberties(no law is except for those creating prohibitions).

certain municipalities have decided(illegally)to interpret the law as they see fit. they have decided on their own P2P and disps. are illegal. they have also decided that collective growing and grows for multiple patients in the same home are illegal.

Quote:
Program Status Update (6/10/2011): Application Forms and Instructions are available for printing from this website.

Currently staff is issuing registry identification cards for valid applications received mid-February.
caregiver cards take even longer.
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Old 07-30-2011, 05:16 PM #8
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State police narc units are hittin up north caregivers and 'inspecting' to see plant limits etc. 1 caregiver popped 1 hear..
They can check mine. Right after they suck my Mangina
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Old 07-30-2011, 05:20 PM #9
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wouldn't be a bad deal to have a link to the states "current status" page bookmarked if you are a CG.
https://www.michigan.gov/lara/0,1607,...869---,00.html

you will find the text of the act and the admin rules on the above page as well.

here is the AG's official opinion
https://www.ag.state.mi.us/opinion/da...0s/op10338.htm

as for the "certified rumor" it's been introduced on the senate floor as SB:377
Quote:
WITHIN 48 HOURS AFTER
15 ISSUING A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
16 FORWARD INFORMATION CONCERNING ISSUANCE OF THE CARD TO THE
17 DEPARTMENT OF STATE POLICE. THE DEPARTMENT OF STATE POLICE SHALL
18 MAKE THE INFORMATION CONCERNING REGISTRY IDENTIFICATION CARDS
19 AVAILABLE TO STATE AND LOCAL POLICE OFFICERS IN A FORM THAT ALLOWS
20 IMMEDIATE ACCESS TO INFORMATION NECESSARY TO DETERMINE WHETHER AN
21 INDIVIDUAL IN CUSTODY FOR POSSESSION OR DISTRIBUTION OF MARIHUANA
22 POSSESSION IS A QUALIFYING PATIENT OR PRIMARY CAREGIVER.
https://www.legislature.mi.gov/docume...1-SIB-0377.pdf

then there is SB:418
https://www.legislature.mi.gov/docume...1-SIB-0418.pdf

even scarier
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Old 07-31-2011, 07:19 PM #10
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Damn, its starting to get ugly isn't it?
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