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Medical Pot Users Fight Charges-Bob And Torrey Going To The Supreme Court

Jennifer Chambers / The Detroit News
Lansing — An Oakland County couple certified to use medical marijuana under state law is asking the Michigan Supreme Court to dismiss felony drug charges against them.
Robert Redden and Torey Clark, who became certified under the Michigan Medical Marijuana Act, were charged with drug possession after police found 21 marijuana plants in a raid at their home in 2009.

Please note the very well stated quote by Robert Mullen " "All at the expense of otherwise well-intentioned and unwitting medical marijuana patients that are proceeding like proverbial lambs to the prosecutorial slaughter," Mullen wrote."

Prosecutors allege the couple possessed more than the allowable amount of plants and they did not keep the plants in an enclosed locked facility as required.
Their case received attention last month after a state appeals judge wrote a 30-page opinion urging state lawmakers to take action on the "inartfully drafted" law that he said clashes with other Michigan laws.
Judge Peter O'Connell, who agreed with the majority's opinion to reinstate drug possession charges against the couple, wrote in this opinion that until the state Supreme Court provides a final comprehensive interpretation of the act, it would be "prudent" for citizens to avoid all use of marijuana if they do not wish to risk violating state law.
"I again issue a stern warning to all: Please do not attempt to interpret this act on your own," O'Connell wrote in his appeal.
The couple's attorneys filed a formal appeal with the Supreme Court last week. In his plea to reverse the appeals court and dismiss the charges, attorney Robert Mullen said the Michigan judiciary must resolve interpretive issues that, according to Court of Appeals and district court judges, are "beleaguering" government officials in general and law enforcement officials "in particular."
"All at the expense of otherwise well-intentioned and unwitting medical marijuana patients that are proceeding like proverbial lambs to the prosecutorial slaughter," Mullen wrote.
Voters approved the use of marijuana for medical purposes in a citizen-initiated petition placed on the 2008 ballot.
Lawyers for Clark and Redden provided documents showing the couple each obtained a recommendation from a state-licensed physician, which stated each was qualified to use marijuana for medical purposes under the act. They did not receive state-issued ID cards until after the raid. Madison Heights Police used a battering ram to knock down their front door.
In August, Oakland County authorities seized medical records and marijuana at dispensaries in Ferndale and Waterford Township. Criminal cases against more than a dozen defendants are moving through the courts.
Oakland County Sheriff Michael Bouchard and Oakland County Prosecutor Jessica Cooper have said that dispensaries are illegal under Michigan law.

Michael A. Komorn
Attorney and Counselor
Law Office of Michael A. Komorn
3000 Town Center, Suite, 1800
Southfield, MI 48075
800-656-3557 (Toll Free)
248-351-2200 (Office)
248-357-2550 (Phone)
248-351-2211 (Fax)

Email: michael@komornlaw.com
Website: www.komornlaw.com

Check out our Radio show:
NEW CALL IN NUMBER: (347) 326-9626
Live Every Wednesday 8-9:30 p.m.
w/ Attorney Michael Komorn

The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.

If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.

PLANET GREENTREES Call-in Number: (347) 326-9626
Call-in Number: (347) 326-9626


Nov 15 2010 08:57 AM
This is starting to sound like they want to literally come to my house pull me out on the front yard and shoot me in the f*cking head. This is crazy... this is America home of the FREE land of the BRAVE!!! Let's start acting like it. Maybe that's why drunks got there liquor back so quick. Because they're crazy. And they don't care how knows it.

I mean this is michigan, land of detroit, automotion, techno music, eminem, I mean we have more guns then texas. Let's grow some weed and some balls and stop this sort of stuff before it has to go to the supreme court. Oakland county sheriff is soo not gonna get re elected
    • FerdinandByran, BradleyLosada and CarolineEmberton like this
Blue Moon Caregiver,

Everyone agrees (and I darn well do too), but the power is at the ballot box and we need the community, meaning everyone like minded needs to #1 VOTE (and you cannot vote if your not registered to vote with the Sec. of State), and then speak up.

The zillions of people who feel, as we all do, that its time to stop this need to VOTE and SPEAK OUT. Everyone is responsible to convince ten (10) others to voye this way too. It is far past the time Marijuana be decriminalized. It is a simple plant. It's innocuous. Stopping sick people from getting it, legally is plain wrong, as it is the Sheriff, Bouchard who is breaking the law and those arrested need to beat the cases 1st and Sue then, as continuing to raid (like a military take down) and arresting sick people who have State ID Cards just because they WANT TO

PEOPLE NEED TO VOTE THEM OUT WHEN ELECTIONS COME. its just that simple. till then, Court is where it will be settled and we all have a stake helping the defendants overcome as it is not cheap to fight in Court.

    • FerdinandByran, OtisPurvis, BradleyLosada and 1 other like this
23 plants 2 patients the place was so locked leo had to "batter ram" the door in
what is up? this seems to be an unbelivable abuse of police force.those citizens who are not aware of the usefullness of weed and also many who are aware of it are applauding and even encourging the behavior of the leo. its enough to tinkle ya off.
    • MacNealy, FerdinandByran, BradleyLosada and 1 other like this
This is another political battle with somthing "We The People" voted in. This is beginning to sound more like "We The Government, You The People". This really needs to stop now, and I hear now that you can get drunk legally on Sunday just before church now!!! WTF!
I guess all 60,000 of us will end up in Jail....
    • MacNealy, FerdinandByran, BradleyLosada and 1 other like this
Nov 26 2010 09:22 AM
now we have to Waite till who knows when and some days we feel like it's not going good for us and some days we think it's going to be OK
it's no way to live
    • BradleyLosada and CarolineEmberton like this

much love from me and my better half
    • FerdinandByran likes this
Dec 02 2010 10:42 PM
Hang in there, you have a lot of people out here supporting you and sending positive vibes...
A wise man told me "when your going through a bunch of crap, don't stop, keep going, keep going till ya can't smell it any more".
Been gone from the site for a few, glad to see you still kicking.
Dec 11 2010 02:52 PM
This is what EVERYBODY needs to be told and IS A FACT--out of everything in your medicine cabinet,MJ is one of the most unlethal substances in there.To a small childs eyes,a bag of weed does not look like anything apetizing AND compare that to "Pretty looking pills" or different collered liquids--all on which a small child could overdose.Prohibition got alot of people killed-Drug prohibition is doing the same thing except the people dying are the ones who can benefit from it.The cops are just afraid they won't have jobs and won't be able to screw with anyone if it becomes legal.The People of Michigan Voted--What part don't they understand???
Dec 12 2010 04:19 PM
we are not going to the Supreme Court now we withdrew it now we are going back to the Madison heights court
the PA is going to appeal every word inn the Law or she can dismiss it
Why isn't someone charging Douche-ard, make him spend some cash fighting for his defense. Wring his donkey for a while. Best of Luck for both of you. When this is over I hope you suit the crap outta oakland county. Peace
Agree willy, Seems like if some one could put a suite or two agaisnt Bouchard personaly, that would keep him busy..AND BobnTorey, what does that mean excatly?
laster geoffrey
Aug 14 2011 06:50 AM
If they wasn't breaking the law then the wouldn't have a problem, I have been growing for 1 and a half and I have never been raided so these people that are beingg raid must be doing some illagal or they would be left a loan. I have found the the people that are get raided and busted are people that are disobeying the law and should be jailed. you are a louded 12 plants the is anything that has a root system per person in the home that is a mm card holder. If you people would obey the law then noone would be having problems.
register and vote people
Nov 01 2011 01:41 PM
first of all we were not doing any thing against the Law we are and were legal we both had are Doctor's Rec's so we could of had 24 plants but only had 21
Bob and Torey, I would worry about anything that Mr Laster is saying. Every post that I've seen that he has written has been to try and wrile someone up. He has been spewing his bs since he came to our wonderful community. We know that it's not the people that are legal that are getting raided. It's those of us out there that are completely within the law that are being busted. I'll bet he even thinks that what happened at the Battle Creek farmer's market was the patients and caregivers faults too, or maybe it was Maggie's because she was trying to help the patients by doing what is totally legal.

You know the mods talk about banning people for fearmongering and that is exactly what Mr. Laster is doing. I say BAN HIM!!!!!!
Nov 03 2011 08:37 PM
this idiot sheriff and retarded prosecutor should both be charged with treason against the American people and after they are released from their 10 yr hard labor prison sentence deport their asses to CUBA WHERE THESE darn COMMUNISTS BELONG!
Feb 19 2012 09:53 PM
bless you both for standing up for all of us
know that you are doing something for all of us and are part of the eventual clarification of this muddy law we have to work with
once precedents are set they stand better than a law
so good luck and i hope the people whove made it their job to torture and harrass sick people receive some form of deliverence from ther fearfull ignorance
Sir Huffsalot