I was arrested and held without bail. I am facing serious charges for a 100% legal Medical grow with Adult Patients behind me. I am State Licensed, approved as a Patient and Caregiver, passing both BCI Records Check and Health dept Regs while adhereing to the Spirit of State Law.
Unfortunately the ingrained prejudices and ignorance inside the Law Enforcement Community subject disabled, terminally ill, and hard working, law abiding citizens to become prisoners in the same communities they once built and were respected in.
This is done in the name of Justice against the most vulnerable in our communties, the infirm. This all for growing their medicine and trying to live the normal life many with good health take for granted.
Violating rights, Coordinating false statements, Lying, Intimidation, Violence, Child Placement Manipulation, and Perjury are the invisible tools LEO utilize daily and deftly in their WAR against Americans and especially those using MMJ.
Medical Marijuana only became permanently legal in RI on June 16th 2009.
In many of the 14 MMJ states across America police are unaware of how to handle MMJ patients, caregivers, and their gardens. God help you if you are in a Collective or Co-Op with more plants than allowed one patient in these newer MMJ states.
If anybody can comment on these communal grows or individual gardens please feel free. I would love to hear about existing case law from across our 14 States of Medijuana.
99% of the US and State criminal codes still face challenges and enjoy the benefits of written decisions and precedent.
In addition there is the ability to appeal to Federal Courts and ability to petition the Supreme Court for protection from State and lower courts that may have denied you the chance at justice.
State MMJ Laws do not afford these important protections!
MMJ Laws offering "safe harbor" for those within limits are opaque at best and open to interpretation by both LEO and the courts. These same laws that are intended to protect licensed MMJ patients and caregivers give many a false sense of security. Prosecution of anyone growing marijuana is a real possibility for anyone Card or no.
The penal code for growing MMJ or MJ is the same everywhere in the US. It is the old law we all sought to escape mimicking the Federal sentencing laws for violating the Controlled Substances Act of 1970.
For those who do not speak legal ease, or have been living on the Moon for the last 40yrs the charges you will be arrested on for growing MMJ or MJ are as follows and are some of what I have been charged with:
Cultivation and Manufacture of Controlled Substances Schedule I-II-III-IV
Manual Delivery of Controlled Substances Sch I-IV
Posession of Marijuana with Intent to Deliver
Felony Posession of Marijuana
If you are busted with anyone in the home, building or immediate vicinity you and they will also be charged with various felonies such as
Conspiracy to violate the Controlled Substances Act
Cultivation, Manufacture, Posession, Posession with Intent
Manual Delivery of Controlled Substances Schedule I-IV
There are various other State and Federal charges you can pick up depending on location and circumstance. Never even think the police will let you go because you were doing nothing wrong even if you did not know there was a garden you should have in the eyes of the law.
God forbid anyone is carrying, or in possesion of firearms you are done!
To expect legal protections from The Card or MMJ status is a joke!
I am going to trial and am facing a minimum sentence of 25yrs in prison and one million dollar fine ($1,000,000).
Please do not mistake this post for a cavalier attitude I was held and am determined to prove my innocence in a culture and climate where we are now guilty until proven innocent.
When will we as a people stand up against this unfair Prohibition?
If we act locally demanding national change, holding our elected officials responsible we can change these unjust and harmfull Prohibitions on items that are beneficial to all Americans either through direct use or commerce and tax.