|
We Update
Daily!
Custom Search
Chris S. Kenoyer. Owner
MMJ Patient,
Medical Activist,
Online Patients Advocate,
Online News Journalist
My
Personal Medical Bio
Follow Us Now On Twitter
@MedicalMMJMan
Email Us Here
olpwebs@yahoo.com
Or Email Me 100% Securely Below
MedicalMMJMan@countermail.com
NEW 100% Encrypted Email Server
For
TV,
News, Press, Contact Info
Is CBD? A Possible
Cure For
Breast Cancer..?
And All The Other
Many
Forms & Types
Of Cancer..?
Learn
More About " CBD" Here
Cancer Cured..? A Cannabis Story
********************************
Advertise Here
On OnlinePot
Rates As Low As $50 a Year
24/7 - 365 Days A Year
Of Sales!
*******************************************
Website Navigational Links
Main
Start Page 2
*******************************************
Parody's
Cartoons US
Government Grown Pot,
Term Papers,
School
Reports, & Thesis's On
Marijuana & Cannabis
*******************************************
Amsterdam
A to Z
*******************************************
Canadian
Marijuana
Websites
*******************************************
Church's
& Pot Cannabis
*******************************************
Co-Ops, Clinics, Dispensary's
*********************************************
Marijuana
Doctors & Clinics
*******************************************
Pot
Cooking Recipes
*******************************************
Drug
Testing A To Z
*******************************************
Pot Games
*********************************************
Pot
Songs
*******************************************
100's
Of Grow Guides
*******************************************
Latest
Marijuana News Reports
*******************************************
Hash A- Z
*******************************************
Cannabis
Legal Info, Drug
Lawyers, State, Federal Laws,
State
& Supreme Court Rulings
*******************************************
POW's
Of The MMJ
War!
*******************************************
Other
Marijuana Websites
Websites
Link
Exchange!
*******************************************
Medical
Marijuana
Studies,
Research
Report's, Medical
Cannabis Clinic Study's
*******************************************
Avoiding Online MOM
Scammers
Newly
Re-Updated Info!
*******************************************
The Politics Of
Contraband
Medical Marijuana In The Mail?
*******************************************
The
Hall Of Shame Section
The Online MOM Scammers
*******************************************
Online
MOM Providers Ads
*******************************************
Politicians
&
Voters Rights
*******************************************
Medical
Marijuana, Strains
*******************************************
The OG
Marijuana Strain Guide
*******************************************
800+
FAQ Growing Questions
*******************************************
Patients
Spiritual
Guidance,
Free Online
Crisis Help Center
*******************************************
Online
Marijuana Seed Banks
*******************************************
Maximum Security
Section
Just Updated!
*******************************************
Traveling
Tips, Guides, B & B's
*******************************************
Vaporizers
A To Z
*******************************************
Online Pot Video's & Movies
*******************************************
Please
Visit Our Sister Website!
Reefer Madness Teaching
Museum.org
Listen Right Here Online!
To Original 1930-1950's
Reefer Madness Propaganda
Radio
Shows And Programs
Before TV There Were
"Radio Stars"
*********************************
OnlinePot Free Newsletter
The
Latest In MMJ News
Legal
Disclaimer
Guest Book
Translate Text or Web Page Go To:
Language Tools
Google
Translations
Article
Submissions & News
Reports
Are Always
Gladly
Accepted Here.
1999-2012 Copyright ©
All Rights Reserved.
No part of this site maybe used or
reproduced in whole or in part
without
the written consent of the
Copyright
Owner Chris Kenoyer
www.onlinepot.org
OnlinePot assumes no legal
liability
for
any products, or
information or
news
posted, services
offered,
Or
any contests or give away's offered.
| |
Michigan Judge Rules that the Operating With Any Presence of Marijuana Statute is UNCONSTITUTIONAL!
BREAKING NEWS!!! Michigan State, DUI,
OUI, Driving While Impaired, Ruled Unconstitutional!
Posted on October 19, 2011
Return To OnlinePot's
Legal Section Main Page
 HOW MUCH POT IS TOO MUCH WHEN DRIVING?
OUI, DUI, Driving While Impaired,
Today, in a case handled by Neil Rockind, P.C., a district court judge has
declared that the Operating with the Presence of Drugs (OWPD) statute, as it
pertains to Marijuana, violates the Equal Protection Clause of the U.S.
Constitution and as a result is unconstitutional.
The opinion is ground-breaking.
For longer than anyone can remember, Michigan prosecutors and city attorneys
have been able to obtain convictions against people who are operating and
driving
vehicles safely, exhibiting no signs of impairment or intoxication but who, it
is later discovered, have small amounts of marijuana in their system.
While the law used to require prosecutors to have to prove that a person was
intoxicated or impaired in order to convict them of a crime, lab technicians and
government experts complained that it was too difficult to offer an opinion on
intoxication due to drugs because there was no set level similar to alcohol,
e.g., .10 BAC or .08 BAC, where it was presumed that a person was intoxicated
due to drugs. They argued that the presence of any drugs in a person’s system
should be sufficient. As is often the case, the law was modified (in our
opinion) to make it easier to convict people. Out of this amendment was born the
Operating with Presence of Drugs Statute (OWPD). People became sitting ducks if
they had any remnant of some controlled substance.
Along comes our client,
“N.S.”, who had consulted with two (2) other prominent lawyers regarding a
Operating with the Presence of Drugs charge before discharging them and hiring
Neil Rockind and Neil Rockind, P.C. On the date in question, our client was
driving his car. He was not driving erratically. Nor was he driving dangerously.
He was stopped for a minor traffic infraction and when the officer began
speaking with him, detected an “odor of marijuana.” Our client, in an effort
to be honest, admitted to using marijuana. The officer arrested our client and
subjected him to a blood test. The test revealed the presence of a minimal
amount of THC, i.e., marijuana.
At Neil Rockind, P.C., we never give up. As the saying goes: You have to hate to
lose, more than you like to win. We hate to lose so much that it is just not an
option for us. We just can’t accept a loss…and while a myriad of lawyers
were telling
our client or us to accept it, we didn’t. Criminal Defense Attorneys Neil
Rockind and Colin Daniels noticed a few things about the case and the law.
1) Our client was charged with Operating with the Presence of Drugs in his
system;
2) The crime requires a Schedule 1 controlled substance;
3) The drug in question in our client’s case was THC or marijuana;
4) Marijuana was classified as a Schedule 1 controlled substance;
5) A Schedule 1 controlled substance is one that has no medicinal benefit;
6) The Michigan Medical Marijuana Act was passed in 2008 and enacted in 2009;
5) The Michigan Medical Marijuana Act states that marijuana has a medicinal
benefit;
6) A medical marijuana patient would necessarily have marijuana in his sytem;
7) A medical marijuana patient cannot be charged with Operating with the
Presence of Drugs in his system but would instead need to be
impaired or intoxicated in order to be convicted;
8 ) A medical marijuana patient could have marijuana in his system but not be
guilty of a crime absence proof of impairment while a regular citizen using the
same amount of marijuana could have the same amount of marijuana in his system
but would be guilty of crime just for having that marijuana in his system;
9) Therefore, medical marijuana patients and regular citizens are being treated
differently for no reason. Neither is less safe than the other, yet one could
operate with marijuana in his system while the other could not not.
We concluded that this disparate treatment, i.e., inequality, was illegal.
Accordingly, we filed an Equal Protection challenge to the Operating With the
Presence of Drugs statute. After we filed our motion to dismiss, the court gave
the prosecution time to respond. Interestingly, the prosecutor chose to focus on
extraneous issues.
Upon our return to the courthouse, the Court ruled that the Michigan Medical
Marijuana Act repealed (by implication) Michigan’s Schedule 1 Controlled
Substance Act as it relates to marijuana/THC. The judge looked at the prosecutor
and offered her more time to respond. We patiently waited as the prosecutor took
additional time to deal with this landmark decision — Schedule 1 no longer
applied to marijuana in Michigan. After reading the prosecution’s responsive
argument, we knew we were on to something — they chose not to address certain
cases and facts again.
At a hearing today, Judge Kirsten Neilson-Hartig carefully and meticulously laid
out her opinion and her rationale. Her ruling revealed a deeper understanding
and examination of the law, history, terms and phrases than many more
experienced, “higher seniority” judges are capable on their best day.
Listening to the judge, it became clear that we
had prevailed, but more so, it was clear that the Judge had issued a wonderfully
reasoned and insightful opinion.
MCL 257.625(8), the offense that prohibits Operating With the Presence of Drugs
is unconstitutional as it relates to marijuana. Marijuana is not a Schedule 1
drug because it has medicinal benefit. Both our client and a medical marijuana
user use marijuana. The former can be arrested for having marijuana in his
system – even the smallest, miniscule amount would subject to him arrest and
conviction. The latter could use the marijuana and the prosecution would have to
prove impairment in order convict. The judge said (paraphrasing) ,
I find the Operating With the Presence of Drugs statute, MCL 257.625(8),
unconstitutional and in violation of the Equal Protection Clause. The case is
dismissed.
This is a ground breaking ruling and it was obtained by Neil Rockind, P.C.,
Southfield, Michigan criminal defense attorneys Neil Rockind and Colin Daniels.
Where most lawyers would have thrown in the towel, Rockind and Daniels pushed
on. A bad statute is no more and a good man, our client, is set free.
- Neil Rockind
http://neilrockindp
cblog.com/ 2011/10/19/ breaking- news-judge- rules-that- the-operating-
with-any- presence- of-marijuana- statute-is- unconstitutional /
|
Button
Ads!
