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SelfMedication5
10-27-2009, 03:55 AM
Has anyone heard about this ?

"Three marijuana-growing suspects made their first court appearances Thursday after drug agents raided a Grandview home this week.
Investigators said the suspects -- all Grandview residents in their 20s -- suggested they were growing the drug for medical purposes"


I know this person ,he does have a mm card (the white one with marijuana leaves thru it)he was not selling it and had 7 plants growing, the cops are trying to say that he was selling it but no money was found.The cops really messed this guys family up right now. Well he's trying to come up with the 10,000 fee for the lawer so he can fight this because the cops are full of it. so i was wondering if any had any advice for my friend or could maby help with the lawer fee any thing loned to him will be paid back but donations would be greatly apprecated.

justpics
10-27-2009, 04:11 AM
File a civil suit against the county, there is already case law establishing that police do not have the right to seize a patient's plants. Payout is something like 4,800 dollars a plant, so that should be a $30,000 lawsuit, just on the illegally seized plants.

RCW69.51A.050

The lawful possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property.

SelfMedication5
10-27-2009, 05:21 AM
Can he file a civil suit even tho hes still going though court for this charge?
If so what would be the first step in doing so ?

justpics
10-27-2009, 06:12 AM
Can he file a civil suit even tho hes still going though court for this charge?
If so what would be the first step in doing so ?

He should find a good civil litigator.

killerweed420
10-27-2009, 07:08 PM
Have him check with CDC.coop.
Cannabis Defense Coalition.
Thats what they do for a living. And they've done pretty good on the cases I know of.

SelfMedication5
10-28-2009, 08:45 AM
[quote=justpics]there is already case law establishing that police do not have the right to seize a patient's plants.


Do you have a link to this case or any details? My friend would like to show his lawer.

SelfMedication5
10-28-2009, 08:47 AM
Thanks i will look into it . I really appreacate all the help thanks.

killerweed420
10-28-2009, 10:27 PM
RCW 69.51A.050
Medical marijuana, lawful possession — State not liable.


(1) The lawful possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property.

(2) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for being in the presence or vicinity of medical marijuana or its use as authorized by this chapter.

(3) The state shall not be held liable for any deleterious outcomes from the medical use of marijuana by any qualifying patient.

RCW 69.51A.040
Failure to seize marijuana, qualifying patients' affirmative defense.


(1) If a law enforcement officer determines that marijuana is being possessed lawfully under the medical marijuana law, the officer may document the amount of marijuana, take a representative sample that is large enough to test, but not seize the marijuana. A law enforcement officer or agency shall not be held civilly liable for failure to seize marijuana in this circumstance.

(2) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical use of marijuana, or any designated provider who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter. Any person meeting the requirements appropriate to his or her status under this chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.

(3) A qualifying patient, if eighteen years of age or older, or a designated provider shall:

(a) Meet all criteria for status as a qualifying patient or designated provider;

(b) Possess no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply; and

(c) Present his or her valid documentation to any law enforcement official who questions the patient or provider regarding his or her medical use of marijuana.

(4) A qualifying patient, if under eighteen years of age at the time he or she is alleged to have committed the offense, shall demonstrate compliance with subsection (3)(a) and (c) of this section. However, any possession under subsection (3)(b) of this section, as well as any production, acquisition, and decision as to dosage and frequency of use, shall be the responsibility of the parent or legal guardian of the qualifying patient.

lionheart1
12-02-2009, 01:38 AM
7 plants is this a joke? who tipped this guy off?