Selling Marijuana To Undercover “Patient” Is Entrapment

[bobandtorey]

An Oakland County Judge ruled last month that selling marijuana to an undercover police officer posing as a Medical Marijuana Patient is entrapment.  The nine page opinion ordered the charges against the six defendants be dismissed finding the case in which she presided is no different than providing a fraudulent prescription to a pharmacist.

The facts are relatively straight forward.  An undercover officer called a Southfield dispensary and asked what he  needed to obtain marijuana from the dispensary.  The detective was told that he needed to bring proof that he was a registered patient under the MMMA (Section 4) or, proof that a doctor had stated that he had a debilitating condition and would benefit from the use of medical marijuana, along with proof of his application for registration and payment of the $100 registration fee—presumably to insure the detective would fit under Section 8 of the MMMA.  The detective then falsified the medical marijuana paperwork and presented them to the dispensary employees.  The detective also signed a membership agreement where he stated in part, that he was not seeking to become a member for any illegal or fraudulent purpose.  A search warrant was authorized and the dispensary was raided by the police.

The Court, based on the conduct of the officer, ordered the charges get dismissed.  Michigan follows the objective test of entrapment.  That means that court will look to the investigative and evidence gathering procedures of the officers—and not the predisposition of the individual committing the alleged crime. To successfully assert an entrapment defense, the defendant must show the court by a preponderance of the evidence, or by 51% or more that there was an abuse of authority and the criminal acts were instigated by the police.  The court, in ordering the charges get dismissed stated “[t]here can be little question that the actions of the police induced the commission of this crim.  In fact, the actions of the police are the only reason the actions of the defendants constitute a crime.

It is unclear whether this case will be appealed by the Oakland County Prosecuting Attorney but, given the stance of that county’s prosecutor’s office, it would appear that an Appeal is likely.

Newburg Law, PLLC have represented a number of dispensary employees across the state of Michigan. It is important that someone facing delivery of marijuana charges to an officer or even a confidential informant determine whether entrapment is a defense in their case.  You can contact us at (517) 505-2323.

 

 

http://www.onmedicalmarijuana.com/2014/03/03/selling-marijuana-to-undercover-patient-is-entrapment/

[t-pain]

will be appealed, will lose in CoA.

in MSC they will side with police but say dispensary owner gets sec8 hearing, MAYBE.

[AmishRnot4ganja]

Finally, a judge has the courage and sense to label this for what it is - entrapment. Allowing the police to perform illegal activity as a means to an end is just plain unamerican and probably unconstitutional to boot.

[bobandtorey]

Yes a good judge that see it as it was but the C.O.A won't see it and will over turn it as T-pain has said 

[budpuffer]

i think this is a great thing,,maybe they can sue for lawyer's fee,,,,,making false paperwork/ cards in its self should be a crime,throw there butts in jail for awhile,,lol...bp

[MrShpongle]

Anyone know which judge handed down this ruling?  Would be a nice thing to know at election time.

[free420country]

i think this is a great thing,,maybe they can sue for lawyer's fee,,,,,making false paperwork/ cards in its self should be a crime,throw there butts in jail for awhile,,lol...bp

 

I thought it was a crime to falsify our documents to get card....is lara in on these fake cards?

[Dr. Bob]

If dispensaries were legal, and you could sell to anyone with a card, presenting false paperwork/cards would clearly be entrapment.

[jeff from bad axe]

Finally a judge with some common sense.

[bustedinclintontwsp]

don't start victory dancing... 4 years at least til Mi sct. it looks like mr carruthers petitioned the court for a free lawyer. he probably is assuming how bad COA will trample his rights. he probably growin now to pay for expensive supreme court fight to buy a lawyer a mercedes

[bobandtorey]

Honorable Phyllis McMillen.

 

 

i got a call from someone that has been raided a few months ago and now  has this judge and he was given the right to use cannabis while out on bond looks like she has changed some what

[bobandtorey]

don't start victory dancing... 4 years at least til Mi sct. it looks like mr carruthers petitioned the court for a free lawyer. he probably is assuming how bad COA will trample his rights. he probably growin now to pay for expensive supreme court fight to buy a lawyer a mercedes

Mr. Carruthers’ is represented in his appeal by Southfield attorneys Stuart G. Friedman, Michael Komorn and Neil S. Rockind.

It is unknown at this time how long the Supreme Court will take to decide whether to grant or deny Mr. Carruthers’ application for leave to appeal.

[Restorium2]

If dispensaries were legal, and you could sell to anyone with a card, presenting false paperwork/cards would clearly be entrapment.

Actually, using the section 8 side of the law, clearly stated in the ballot language, it's possible that any sale to a person with a card could be legal under that section of the law. With that in mind, any and all sales to a cop/informant with a card could be entrapment, because you could have been just selling section 8 style, which would cover selling to people not connected to you through the registry. Therefore, with that possibility always looming, law enforcement shouldn't get to do that at all, it's all possible entrapment.

[Highlander]

Actually, using the section 8 side of the law, clearly stated in the ballot language, it's possible that any sale to a person with a card could be legal under that section of the law. With that in mind, any and all sales to a cop/informant with a card could be entrapment, because you could have been just selling section 8 style, which would cover selling to people not connected to you through the registry. Therefore, with that possibility always looming, law enforcement shouldn't get to do that at all, it's all possible entrapment.

 

I wonder if the courts will see the standard to constitute entrapment differently with the MMMA, since the courts have already ruled that all MMJ is illegal and that the MMMA only provides exceptions to penalty/prosecution.  This is similar to the warrant topic.  Is evidence of MJ growing/use sufficient to secure a warrant, since all MMJ is still illegal?  Or does the possibility that a person has a card trump evidence of growing (smell, etc.) absent probable cause that the person is over the limits, etc.?

[bobandtorey]

http://www.onmedicalmarijuana.com/people-v-brown/

 

Will this help in anyway ?

[Highlander]

http://www.onmedicalmarijuana.com/people-v-brown/

 

Will this help in anyway ?

Thanks for posting this.  I hadn't heard about this and didn't realize we had case law on this matter.  This is ugly stuff.

 

Court of Appeals affirmed the trial court, but for a different reason. Specifically, the appellate court found the facts in the affidavit established the necessary probable cause, despite the passage of the MMMA. Contrary to the trial court’s conclusion, the appellate court found the MMMA did not make the possession or cultivation of marijuana “legal.” Instead, the found that any possession of marijuana continues to violate the Public Health Code and is indicative of a criminal act sufficient for a probable cause finding.

 

So LEO can get a warrant without determining if the guy to be searched is a patient or caregiver.  That's bad news and seems to be likely to set the stage for a similarly bad ruling on the entrapment matter.

[phaquetoo]

don't start victory dancing... 4 years at least til Mi sct. it looks like mr carruthers petitioned the court for a free lawyer. he probably is assuming how bad COA will trample his rights. he probably growin now to pay for expensive supreme court fight to buy a lawyer a mercedes

dude dont need to grow! all of us fools collected and donated money to the rich phaq already!  But like they say its hard to change your stripes! he may very well have a building full of mm, he has enough of his own money, He dont care about pt's He cares about the mighty $$ and nothing else,  aparently you are a lil behind on the carruthers circus!

 

Im not carruthers!

 

Peace

[bobandtorey]

Thanks for posting this.  I hadn't heard about this and didn't realize we had case law on this matter.  This is ugly stuff.

 

Court of Appeals affirmed the trial court, but for a different reason. Specifically, the appellate court found the facts in the affidavit established the necessary probable cause, despite the passage of the MMMA. Contrary to the trial court’s conclusion, the appellate court found the MMMA did not make the possession or cultivation of marijuana “legal.” Instead, the found that any possession of marijuana continues to violate the Public Health Code and is indicative of a criminal act sufficient for a probable cause finding.

 

So LEO can get a warrant without determining if the guy to be searched is a patient or caregiver.  That's bad news and seems to be likely to set the stage for a similarly bad ruling on the entrapment matter.

  Yup and i would like to know why this case was not appealed to the high court because when i do tell others they seam to not care or don't believe me

[bustedinclintontwsp]

on the COA website it says carruthers petitioned for a free lawyer. I assumed he was planning on loosing in COA and was saving pennies for SCT. I don't know anything about this man  or case but public record and media releases. Michigan's laws will reflect that the dispensaries and other illegal grows have the $ to fight and will preserve their rights while patients cant afford it and plead guilty. The law will lean towards provisionary centers (worse yet pharmacy)

[bobandtorey]

http://www.theoaklandpress.com/general-news/20131217/charges-dismissed-in-oakland-county-medical-marijuana-case

 

Am not sure if this will help

[bobandtorey]

http://www.onmedicalmarijuana.com/people-v-brown/

 

And another bad one IMHO

[t-pain]

on the COA website it says

 

got a link to this?

[GregS]

I am to understand that Earl has some pretty good counsel. Am I wrong?

[bustedinclintontwsp]

http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx?SearchType=1&CaseNumber=319991&CourtType_CaseNumber=2

 

It's just a simple case search of carruthers at coa. Apparently it means nothing if he has THE dream team of lawyers. I know nothing of the man. I don't even know if the Sct said fake papers is entrapment if that would be grounds for an old case to get tossed. probably not.

got a link to this?

[t-pain]

oh, i am sorry, theres two cases against carruthers so its kind of confusing. yeah i have no idea whats going on in that case.