Legal Issues. Help please

[ifight1213]

Okay so,
I am on probation for a bullshit reason..i got pulled over right after i smoked a blunt in my car and got a operating while in the presence of drugs because my car smelled like marijuana...then got that changed to just an OWI..I geoff probation in a few months and right now i have a little extra money and would want to get my card while i can..although, im not going to try to smoke within these last few months but i was wondering if when i fill out my application, it asks if i have ever been introuble with anything to do with marijauana...
if i lie and say no, is there anyway they can find out if i really have any cases that have to do with marijuana??

Thank you

 

[Bionic-Plantz]

Re: Legal Issues...help please

As a "patient"? No.

As a "caregiver"? Yes

 

[ifight1213]

Re: Legal Issues...help please

so if i wanna be my own caregiver and grow for myself they would look it up and see i was on probation?

 

[Bionic-Plantz]

As far as I know you can grow for yourself if you are a qualified patient, regardless of your record. If you're a felon you cannot grow for anyone else.
This is the link to Michigans application. The application doesn't ask about any criminal records of a patient.

404

 

[ifight1213]

well see i dont have any felonies, just a misdemeanor for OWI for operating my car while being stoned...

after looking at that i just wanted to know if they can find out that i am on probation and do have something on my record for marijuana use

 

[Bionic-Plantz]

They won't check a patients criminal record. But even if they did, it wouldn't matter to them or your P.O. as long as you pee cleen.

Snip from the law.

Rule 333.127 Management of medical marihuana.
Rule 27. (1) A qualifying patient who has been issued and possesses a
registry identification card shall not be subject to arrest, prosecution, or
penalty in any manner, or denied any right or privilege, including but not
limited to civil penalty or disciplinary action by a business or occupational
or professional licensing board or bureau, for the medical use of marihuana
in accordance with the act, if the qualifying patient possesses an amount of
marihuana that does not exceed the following:
(a) Two and one-half (2.5) ounces of usable marihuana.
(b) If the qualifying patient has not specified that a primary caregiver
will be allowed under state law to cultivate marihuana for the qualifying
patient, 12 marihuana plants kept in an enclosed, locked facility.
(c) Any incidental amount of seeds, stalks, and roots.

Many patients have had marihuana priors.
I'm not a lawyer, but I say you're good to go, as long as you pee clean & finish your probation.

Did you try to use the affirmative defense in your hearing?

 

[ifight1213]

No..i have been on probation for about 14 months now and only have 3 more to go...im not even drug testing either and i have all the qualifications to get my med card but if i do i wanna grow for myself...i just wouldnt want them to run my record and deny me or tell my probation officer [i didnt plan on telling her] if they caught me lying somehow

 

[Bionic-Plantz]

The only time the MMMP will do a criminal check is if you have to fill out the caregiver attestation form, which you wouldn't just growing for yourself. I see no need to worry. But I totally understand wanting to make sure. But one thing I've learned in my life is, there is no sure thing.

 

[Wingman420]

You will be OK just relax. The MMMA does not look at traffic violations they are very concerned with giving a license to known drug dealers convicted of hand to hand or Manual Delivery also crimes in which you posessed an amount that clearly demonstrates it is for distribution i.e. 642 kilos of marijuana. Those are the types of crimes that would disqualify you from the Caregiver Program. If you were out on bail on Marijuana charges that is also a problem for Patients and Caregivers alike but being on probation is not a disqualifying problem unless it is for drug crimes.

 

[ifight1213]

alright cool, im still not gunna smoke i just wanna grow my own stanky buds so when i do get off probation in about 4 months i will have some good shit lined up :]

 

[redbud60]

Good, get off that probation first. That will be a heck of a relief, then you can smoke to your hearts content. Let me tell you. I have about 9 felonies on my record. I used to be a heavy alcoholic. Havent drank in 10 years now. And I have NEVER been in trouble because of weed. Ever. I have those felonies, no drug or violent ones though. And I have by MM card for MI, as my own caregiver.

 

[ifight1213]

wow man that is crazy. but thank you and good luck to you, i went today and got my MM card. im good to go