Supreme Court decision in Hartwick/Tuttle

[CashCrops]

Haven't heard any more about Townsend since March, when search warrants were served at his Marquette Denali Health Care office. He is out of the picture here and all other cannabis forums, having been discredited for too many wrong headed positions that ran contrary to our interests. It's just as well. He attended one of the many diploma mills in the Caribbean and is poorly trained, has no admitting privileges in any hospital, and accepts no insurance. He is nothing more than a profiteer.

Exactly, I worked with PhD's in a real hospital. I made mention of this to him on several occasions to which he had no argument.

 

[Dr. Bob]

Lol. Trying to bait again Greg? Off shore med school? Really.

I am always around, and doing just fine. Watching all my predictions (the 'wrong headed stuff') turn out to be spot on, so didn't feel the need to comment.

Things are going great up north, just waiting to get the search warrant affidavit to plan our next move. Nothing, of course, is coming from that, my computers were returned immediately (even made them put the hard drive back in). No charges or further action forthcoming.

Other than that things are going great and the practice is booming. Thanks for asking.

Dr. Bob

 

[Dr. Bob]

Sadly very true. Ignorance of what occurs with our law enforcement and within our court houses on a daily basis is bliss and the reality of the tens of thousands of dollars it takes to get a defense attorney to go to trial destroys far too many families when it comes knocking. As decisions like this finally call out some of the lack of integrity within our "justice system" in reference to MMMA sections 4 and 8, one must consider all the pleas this game has generated along the way at a cost of thousands per to those NORML attorneys. Those pleas cannot be appealed nor overturned, that courthouse "win" and defense payday are final, regardless of this or any other future decision to the contrary even if retroactive

I can think of one member here in particular whom was on the wrong side of this game and resulting decision. Anyone hear anything further about Dr. Bob's legal problems?

Dr. Bob has no legal problems. In fact, I am going in as an expert on a section 8 in Mt. Pleasant tomorrow. Taking my addiction medicine board certification exam in October.

 

[Dr.Pecker]

Lol. Trying to bait again Greg? Off shore med school? Really.

I am always around, and doing just fine. Watching all my predictions (the 'wrong headed stuff') turn out to be spot on, so didn't feel the need to comment.

Things are going great up north, just waiting to get the search warrant affidavit to plan our next move. Nothing, of course, is coming from that, my computers were returned immediately (even made them put the hard drive back in). No charges or further action forthcoming.

Other than that things are going great and the practice is booming. Thanks for asking.

Dr. Bob

Cool man I was wondering what the hell happened. We might butt heads on a couple things but I wouldn't want you to go to jail. What was the excuse for barging in?

 

[GregS]

Now that we have seen some of the dust settle, I think it time to edit the document package I recommend to reflect the ruling. Any patient and caregiver would benefit from it under any circumstance. It costs nothing and offers added protection if and when you need it. Your bank provides notary services to its customers free. Many physician's offices have notary on the office staff, which you will need to know. Please note that it covers two of three necessary elements of the Affirmative Defense, found in sec. 8 of the law, i.e.,that you and your doctor have met and concluded a bona fide medical exam, and that patients and caregivers are engaged in medical use to treat or alleviate a patient's condition or symptoms. The third element is to adhere to the requirement that an amount not more than necessary is held in possession. I have suggested that twelve oz is an amount not more than necessary to supply a patient who uses a zip a month for a year, and would welcome any reasonable argument otherwise. To this point I have had no takers. It will be necessary to require your physician to sign his or her proof found in the supporting documents. If not, the court ruled that the actual text of the physician statement submitted as part of the registration process might suffice. It would nonetheless be better to have both.


Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana

I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008.
Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, physician license I.D. number____________________ , has stated that in the physician's professional opinion, on or about (date)___________________________, and 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, that I am likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .

I hereby designate_______________________________ as my caregiver under that law, and agree to conform to the Act in the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition

I, ______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana in accordance with that law. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

Confidentiality: Each party agrees and undertakes that it shall not, without first obtaining the written consent of the other, disclose or make available to any person, reproduce or transmit in any manner or use (directly or indirectly) for its own benefit or the benefit of others, any Confidential Information, save and except that both parties may disclose any Confidential Information to their legal advisers and counselors for the specific purposes contemplated by this agreement. Presentment or disclosure of this information is not prohibited as required by law or in any prosecution pertaining to the medical use of marijuana.


Subscribed and sworn before me this date: ____________________________

Patient sign here: _________________________________

Subscribed and sworn before me this date: ____________________________

Caregiver sign here: ________________________________

/s/_________________________________

Print Notary Name: ________________________________

Notary public, State of Michigan, County of _____________________

My commission expires ___________________

Acting in the County of ___________________


DO NOT OVERLOOK the supporting documents. Use one or the other: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0

Note that any patient or other person can qualify as a caregiver to any patient, with or without connection through the registry under the definition found in sec. 3 of the law, and which is is repeated repeated in the caregiver affirmation section of this agreement.

You will do well to ask an attorney re: any legal questions. I am not an attorney and have no professional relationship in that regard with anyone. I've worked on this because attorneys do not give up the goods without a price. It is simple and straightforward.

You can find the ruling here. Footnotes 77 and 78 lay it out that this type of documentation is admissible, and even necessary, evidence in any prosecution regarding marijuana: http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent Opinions/14-15-Term-Opinions/148444 and 148971 Opinion.pdf

 

[Dr.Pecker]

Now that we have seen some of the dust settle, I think it time to edit the document package I recommend to reflect the ruling. Any patient and caregiver would benefit from it under any circumstance. It costs nothing and offers added protection if and when you need it. Your bank provides notary services to its customers free. Many physician's offices have notary on the office staff, which you will need to know. Please note that it covers two of three necessary elements of the Affirmative Defense, found in sec. 8 of the law, i.e.,that you and your doctor have met and concluded a bona fide medical exam, and that patients and caregivers are engaged in medical use to treat or alleviate a patient's condition or symptoms. The third element is to adhere to the requirement that an amount not more than necessary is held in possession. I have suggested that twelve oz is an amount not more than necessary to supply a patient who uses a zip a month for a year, and would welcome any reasonable argument otherwise. To this point I have had no takers. It will be necessary to require your physician to sign his or her proof found in the supporting documents. If not, the court ruled that the actual text of the physician statement submitted as part of the registration process might suffice. It would nonetheless be better to have both.


Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana

I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008.
Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, physician license I.D. number____________________ , has stated that in the physician's professional opinion, on or about (date)___________________________, and 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, that I am likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .

I hereby designate_______________________________ as my caregiver under that law, and agree to conform to the Act in the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition

I, ______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana in accordance with that law. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

Confidentiality: Each party agrees and undertakes that it shall not, without first obtaining the written consent of the other, disclose or make available to any person, reproduce or transmit in any manner or use (directly or indirectly) for its own benefit or the benefit of others, any Confidential Information, save and except that both parties may disclose any Confidential Information to their legal advisers and counselors for the specific purposes contemplated by this agreement. Presentment or disclosure of this information is not prohibited as required by law or in any prosecution pertaining to the medical use of marijuana.


Subscribed and sworn before me this date: ____________________________

Patient sign here: _________________________________

Subscribed and sworn before me this date: ____________________________

Caregiver sign here: ________________________________

/s/_________________________________

Print Notary Name: ________________________________

Notary public, State of Michigan, County of _____________________

My commission expires ___________________

Acting in the County of ___________________


DO NOT OVERLOOK the supporting documents. Use one or the other: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0

Note that any patient or other person can qualify as a caregiver to any patient, with or without connection through the registry under the definition found in sec. 3 of the law, and which is is repeated repeated in the caregiver affirmation section of this agreement.

You will do well to ask an attorney re: any legal questions. I am not an attorney and have no professional relationship in that regard with anyone. I've worked on this because attorneys do not give up the goods without a price. It is simple and straightforward.

You can find the ruling here. Footnotes 77 and 78 lay it out that this type of documentation is admissible, and even necessary, evidence in any prosecution regarding marijuana: http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent Opinions/14-15-Term-Opinions/148444 and 148971 Opinion.pdf

Guilty until proven innocent. When exactly would you present that evidence if you were denied a s4 or s8 defense?

 

[GregS]

Guilty until proven innocent. When exactly would you present that evidence if you were denied a s4 or s8 defense?

It is required that a pre-trial motion be made, subsequent to arraignment and, of course, before a trial, to hear a defendant's petition for dismissal based on the Affirmative Defense. Courts are required to make a determination to hear the petition and rule on it. The SC ruling says that courts pretty much have to agree to that. If the court refuses to hear or dismiss the case, it is then necessary to appeal. Given the ruling, most judges and prosecutors should get it, but there are no promises. If you wind up in court for any reason you will need this defense.