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Appeals Court Vacates One Of Ex-Doctor's Medical Marijuana Certification Convictions


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One of two criminal convictions of a former doctor related to the sale of medical marijuana certifications has been vacated by the state Court of Appeals.

 

 

The appeals panel, in a 2-1, precedent-setting decision last Thursday reversed the conviction of Lois Butler-Jackson for committing a legal act in an illegal manner for her role with a man in the sale of physician certifications for obtaining medical marijuana patient cards at a Warren business. Her conviction for health-care fraud was upheld.

 

 

The court ruled she should not have been convicted because the applicable part of the Medical Marijuana Act fails to classify noncompliance as illegal.


 

“The statute does not define prohibited conduct, does not characterize any such conduct as constituting either a misdemeanor or felony, and does not provide for any punishment,” Judge Mark Cavanagh says in the majority opinion. “We agree with defendant that the ‘illegal manner’ charged was not ‘illegal.’”

 

 

Cavanagh points to two other sections of the MMA that provide punishment -- a fine or felony -- for noncompliance.

 

 

Butler-Jackson, now 53, of Detroit, in January 2013 was convicted of the conspiracy charge and intentionally placing false information in a patient’s medical record following a jury trial in Macomb County Circuit Court. Both offenses are punishable by up to five years in prison. Judge Diane Druzinski in March 2013 sentenced her to 18 months probation and a $1,000 fine. Her co-defendant pleaded to charges.

 

 

Her medical license was suspended for six months. It has not been renewed, according to state records.

 

 

Butler-Jackson failed to review the medical files or visit with two undercover police officers posing as medical marijuana card applicants. That was contrary to the MMA’s requirement that the doctor establish a “bona-fide” physician-patient relationship with and fully assess the patient before saying marijuana would provide therapeutic benefits, prosecutors said.

 

 

Butler-Jackson claimed she reviewed medical records of patients before authorizing them and was advised by an attorney her actions were legal.

 

 

Judges Cavanagh and Michael J. Riordan constituted the majority. Judge Michael J. Talbot dissented, saying Butler-Jackson was correctly convicted because the manner violated MMA requirements.

 

 

The majority points out Butler-Jackson could have been charged with conspiracy to deliver marijuana or conspiracy to obtain money under false pretenses but was not.

 

 

Butler-Jackson’s co-conspirator, Brian Deloose, 38, of Eastpointe at the time, admitted to selling hundreds of medical marijuana patient certificates approved by Butler-Jackson for $250 each in 2010 at his Warren appliance store. Butler-Jackson, who practiced out of a Clinton Township office, allegedly received $100 for each of 200 to 300 certifications, prosecutors said.

 

 

Deloose was sentenced to 18 months probation in May 2013 after he pleaded guilty to three counts of illegal delivery of marijuana, one count of placing false or misleading information in a medical chart and one count of conspiracy to commit a legal act in an illegal manner.

 

 

The case was prosecuted by Macomb prosecutors and the state Attorney General’s office.

 

http://www.macombdaily.com/general-news/20141110/appeals-court-vacates-one-of-ex-doctors-medical-marijuana-certification-convictions

Edited by bobandtorey
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