[MI] on probation applied over a month ago, violated will i win in court?

I'm pretty sure you will lose because marijuana is illegal as stated by the federal government, regardless of whether or not you have medical marijuana, which it sounds like you dont even officially have yet.

just my thoughts, good luck either way

 

A lawyer told me 'It depends on your judge in Michigan'

 

No chance you will win. Have fun on probation.

 

I am afraid that you will lose. Part of your agreement with probation is that you would not break any laws. This means Federal as well as State laws. Using marijuana, for medical or recreational purposes, no matter what the state laws are and no matter how many doctors recommend it for you, or even if you already had a card in your hand, is against Federal Law, and you have therefore violated your probation.

Peace,
Bak Alchisk

 

Not all Probation Sentencing specify that no medical MJ is allowed..Some sentencing has not caught up to Medical MJ... and in CA that has been an issue at times. First off, i have no idea of your states laws. I doubt the federal law route will be gone down because obviously, you have not been convicted of a federal crime and hence, that Violation of Probation would likely not stand very well .

It will in fact depend on your judge; although, you should be able to ask the PO or your lawyer what the judge does about it. It has surely happened numerous times.

Regardless, you can bet that any right to med mj will likely be clearly and unambiguously terminated as part of your probation... you might end up with a litte token jail/cs, pay a violation fee, and be reinstated under that condition of no more med mj. They may intensify your outpatient treatment too..

Basically, if the judge lets you play that card, it will surely be only once.

If you are violated, deny your vop and ask to be appointed a lawyer. .. and then start thinking about decisions. Do not admit at VOP arriagnment.

 

The law clearly states that .. well here is the quote:

"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:"

Please notice that it says "ANY PROSECUTION INVOLVING MARIHUANA." And it also says "SHALL BE PRESUMED VALID."

ANY prosecution. ANY.

Yes .. they can convict you. If they break the law.

There is no provision, in this law, that allows a judge to order someone to abstain.

Here is this section of the law on the state site:
http://www.legislature.mi.gov/(S(d5....aspx?page=getObject&objectName=mcl-333-26428

 

Read closely. He's getting in shit for violating his parole, not smoking pot. He could have done many other things to violate it and still get the same charge.

 

Not parole, probation.

"for violating his parole, not smoking pot."

Is it "involving marihuana?" If so then this law applies.

If the violations are for other things, then it's over for him. But that is not the case being laid out for us here.

Is this a "prosecution?" Then the law applies.

 

ANY prosecution involving marihuana ..

If the situation passes simple tests, then here's the punchline:

"THE CHARGES SHALL BE DISMISSED"

Yes .. they can violate or convict. Only if THEY break the law.

 

No, it's not. When you violate parole, be it smoking weed, shooting heroin, or leaving the state, you get an identical charge. That law involves marijuana related crimes like possession and growing, not parole violations. His charge is considered completely unrelated to marijuana because it's a cut and dry parole violation. It blows, but it's the truth. Read the legalese and you'll get what I mean. Laws are written in a very confusing way.

 

Read it again.

It does NOT say marijuana related crimes. It says ANY PROSECUTION INVOLVING MARIJUANA.

It doesn't even say any CRIMINAL prosecution. It simply says ANY PROSECUTION.

 

You're not getting it. The parole violation charge does not involve marijuana. Even if he can legally smoke in one state, it's federally illegal and MMJ has always been a no-no for those on probation. If his charge was for possession it would be thrown out, but because it's a non-specific probation violation, he's not covered there. What you have to understand is that in the eyes of the court, this probation violation does not involve marijuana.

P.S.: When it's you against another person it's civil, but when it's you against the government it's always criminal. There is no such thing as a non-criminal prosecution.

 

Violated for marijuana and it doesn't involve marijuana? See what happens when you study legalize?

It doesn't say that the charges have to be for marijuana. Only that the PROSECUTION INVOLVES marijuana.

To continue the prosecution would be to ignore the law. That makes a court of whim instead of law.

Which is exactly what I explained to my PO about a year ago.

 

The way I understand it is that piss testing for marijuana is a condition of your probation.

If a condition of your probation were house arrest with a tether, would you leave your house?

If you had to go blow on Saturday and Sunday morning to prove to the courts that you haven't been drinking (which happens in a lot of DUI cases), why would you go to the bar Friday night and start ripping shots?

Regardless of the validity of the MMJ license, you are not allowed to because of your probation.

 

That's what you're not getting. If you read it like it should be read (legalese), you would get that it only covers marijuana related crimes. "Prosecution involving marijuana" means that the court cannot punish those with the card for marijuana related crimes. Probation violations are not related to anything. They do not involve marijuana, nor do they any substance. Because it's a schedule one drug, which means the drug is highly addictive and has no medicinal value (BS), weed is just as evil as hard drugs (BS). When a judge sees someone in court for a probation violation, but the guy defends it with a doctor's note that is only valid in one state and is highly illegal federally, he will be PISSED.

 

The judge may indeed be pissed. But that doesn't change the legal requirement that the case MUST be dismissed.

And if it was supposed to mean only marijuana crimes, than that is what it should have said.

But it doesn't say that. It wasn't written that way.

You can try to say it says one thing but means something else all you want.
And some people do just that.

Pretending it isn't there doesn't make it go away.

 

There are no specific protections for alcohol.

There are special protections about marijuana.

 

There's nothing more to say than, "You have absolutely no understanding of law. You cannot read legalese, but you seem to think you do. Probation violation is PROBATION VIOLATION. Here's how it works. You're on probation. You assault someone. You get tried for assault and probation violation, but the probation violation is a separate charge. The same goes for weed. They could try him for both the probation violation, which is never protected, and the weed laws he broke. The weed ones would of course be thrown out, but because a probation violation is a separate entity, it is not covered. When you violate probation, you cannot mention a law that covers prosecution involving marijuana, because the marijuana doesn't come into question. It's the probation violation they care about. The law you're mentioning only covers people getting drug charges for their MMJ. A probation violation cannot be covered because it doesn't involve marijuana, as the charge is not for doing drugs, but for violating your probation. I'm trying to say it in as many ways as possible to get it through to you. If you don't get it then sorry, but you have no idea what you're talking about."