Poss. of Marijuana

[bigtimer01]

What is the name of your state? Michigan

Hello Everyone,

I have a question. Yesterday me and a few buddys were at a indian casino here in michigan. As we were leaving we got pulled over by two poilce cars one of them was a Tribal Police. He claimed he saw us rolling a joint in the parking lot of the casino. We allowed him to search the car as he put me and another person in the back of the police car. He said he found a seed and some little leaves. He searched my car for over 20 minutes and took me back and charged me with Poss. of marijuana. I didnt have ANY marijuana? They fingerprinted me and let me go with a ticket that said "Possesion of Marijuana" it is a misdermeanor. I need to know what I should do, what is the difference between state courts and tribal? How could he charge me with that if he really didnt find anything?

 

[Happy Trails]

What is the name of your state? Michigan

Hello Everyone,

I have a question. Yesterday me and a few buddys were at a indian casino here in michigan. As we were leaving we got pulled over by two poilce cars one of them was a Tribal Police. He claimed he saw us rolling a joint in the parking lot of the casino. We allowed him to search the car as he put me and another person in the back of the police car. He said he found a seed and some little leaves. He searched my car for over 20 minutes and took me back and charged me with Poss. of marijuana. I didnt have ANY marijuana? They fingerprinted me and let me go with a ticket that said "Possesion of Marijuana" it is a misdermeanor. I need to know what I should do, what is the difference between state courts and tribal? How could he charge me with that if he really didnt find anything?

How do you know he didn't find anything? He said he found a seed and leaves.... That doesn't seem unreasonable since you do admit that you do use.

https://forum.freeadvice.com/showthread.php?t=312675

What is the code on the citation you received?

 

[xylene]

ok

The officer found marijuana. That would be the stems and seeds.

You are operating under the common misconception that only the intoxicating portions of the marijuana plant are considered illegal. All parts of the marijuana plant are illegal. You were in poss. of marijuana...

Now, as a taxpayer I am confortable saying that initiating a prosecution for a seed is a waste of tax dollars, no matter how one might feel about the war on drugs.

That is not a defense legally, nor is any other decriminalization or legalization rhetoric. That is a political issue.

 

[bigtimer01]

I cant see the code since I can hardly read anything he wrote on the ticket... Also, I currently have another charge pending for DWUI in state courts. Will this come up in my other charge or will it not since this is tribal?

 

[AustinLawyer]

All parts of the marijuana plant are illegal. You were in poss. of marijuana...

Beware of opinions from non-lawyers. I practice in Texas, but the definition of marijuana in Michigan "does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination." Non-germinable stems and seeds, in other words. Same as in Texas.

Also, I haven't found it yet, but if the statute proscribes possession of "a usable amount" that may provide a defense as well. Get a lawyer.

 

[justalayman]

Beware of opinions from non-lawyers. I practice in Texas, but the definition of marijuana in Michigan "does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination." Non-germinable stems and seeds, in other words. Same as in Texas.

Also, I haven't found it yet, but if the statute proscribes possession of "a usable amount" that may provide a defense as well. Get a lawyer.

Verrrry interesting.

Does this mean that if there is no "usable amount" limitation that this guy may be able to be prosecuted based upon 1 seed?? (I presume the seed would be considered germinable due to the fact that there, probably, was no action to render it sterile)

Now, I am anti-drug but that is beyond even my desire to have all drug users drawn and quartered.

 

[AustinLawyer]

Verrrry interesting.

Does this mean that if there is no "usable amount" limitation that this guy may be able to be prosecuted based upon 1 seed?? (I presume the seed would be considered germinable due to the fact that there, probably, was no action to render it sterile)

Now, I am anti-drug but that is beyond even my desire to have all drug users drawn and quartered.

Well from my perspective, I wouldn't concede that it would be considered germinable. Juries are usually looking for reasons to let people off of marijuana charges. And the state has the burden. I would argue that they hadn't proved it.

Also, from a practical perspective, most prosecutors would probably offer some sort of dismissal with counseling on a 1 seed marijuana case. Or maybe that's just in Austin

AustinLawyer

 

[gawm]

If he got pulled over on an Indian reservation wouldn't federal law apply?

 

[xylene]

Beware of opinions from non-lawyers. I practice in Texas, but the definition of marijuana in Michigan "does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination." Non-germinable stems and seeds, in other words. Same as in Texas.

Also, I haven't found it yet, but if the statute proscribes possession of "a usable amount" that may provide a defense as well. Get a lawyer.

Beware of opinions from anyone who does not read what the OP said

He said he found a seed and some little leaves.

There is no useable amount defense in MI. I don't want to see anybody railroaded. But anyone using marijuana needs to accept that all portions of the plant are considered marijuana, NOT JUST THE SMOKABLE BUDS. Yes MI has an exemption for industrial hemp products. This would not provide a defense for the poster even if he had only one seed. He had seeds and leaves.

Yes jury nullification is one approach in minor possession cases.

Also the physical evidence -if any- will come into play.

Finally - Native American police forces tend to be ball busters to any outsiders. This ticket is could likely just be a way of giving the business to someone who was on reservation land that the polcie did not like the looks of.