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Medical Pot Users Fight Charges-Bob And Torrey Going To The Supreme Court
Nov 14 2010 08:26 PM |
Michael Komorn
in Legal
Jennifer Chambers / The Detroit NewsLansing — 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.
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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
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Law Office of Michael A. Komorn
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Southfield, MI 48075
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Email: michael@komornlaw.com
Website: www.komornlaw.com
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18 Comments
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
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.
M
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.
I guess all 60,000 of us will end up in Jail....
it's no way to live
much love from me and my better half
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".
the PA is going to appeal every word inn the Law or she can dismiss it
You know the mods talk about banning people for fearmongering and that is exactly what Mr. Laster is doing. I say BAN HIM!!!!!!
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