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  1. #1
    Join Date
    Mar 2011
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    Default Michigan Possession of Marijuana

    My question involves criminal law for the state of: Michigan

    I have a friend who was charged for possession of marijuana for a hemp plant from birdseed, at least that is our assumption. They used an ordinance violation to enter the yard and cut down her garden, apparently one of the workers found this plant. The court appointed attorney wanted her to plead without even seeing the police report, she does not want to plead as she has no knowledge of this plant. What I am asking is there a plausible defense for this and how come she was not charged with cultivation. Any guidance or advice in this matter would be greatly appreciated.

  2. #2
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    Sep 2005
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    Default Re: Michigan Possession of Marijuana

    She should be working with a lawyer. If her record is clean, odds are as a worst case scenario she could get a 7411 deferral.

    Should we be guessing that this happened sometime last summer or fall?

    Did they take photographs of the condition of her yard to document the ordinance violation? They may help her with a claim that she wasn't accessing the area and could not reasonably have known about the plant. Also, presumably the plant was tested - any idea of its potency from the testing? If we're talking the equivalent of "Ohio ditch weed", the fact that all smoking it would do is give somebody a headache might help convince a prosecutor that it was not deliberately grown.

  3. #3
    Join Date
    Mar 2011
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    Default Re: Michigan Possession of Marijuana

    Quote Quoting Mr. Knowitall
    View Post
    She should be working with a lawyer. If her record is clean, odds are as a worst case scenario she could get a 7411 deferral.

    Should we be guessing that this happened sometime last summer or fall?

    Did they take photographs of the condition of her yard to document the ordinance violation? They may help her with a claim that she wasn't accessing the area and could not reasonably have known about the plant. Also, presumably the plant was tested - any idea of its potency from the testing? If we're talking the equivalent of "Ohio ditch weed", the fact that all smoking it would do is give somebody a headache might help convince a prosecutor that it was not deliberately grown.

    Thank you for the reply. Yes last July was the time of the incident, arrest did not occur till January, charge filing date unknown. I went to court with her yesterday and it turns out that the plant was 6' tall and right next to the side door. Normally I would say she is a fool, but I went in and out that door every other day and never saw it, and this concerns me. They had did another house that day for same thing only they found 50 MJ plants that when seen on the news, were the same look as the one in her yard. The building department did take pics and they were right up the drive where the plant was, I saw him take these, so we are trying to get these records to see if the plant is there in those pics. Either I missed this blatantly obvious plant or I walked right into corruption, I will know soon. I am also waiting to find out if it was tested, I had to help convey the need for a firm defense to the CAA, as this court has a bad rep.

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