Medical Marijuana Case Dismissed For Second Time Since 2012

[bobandtorey]

LANSING — For the second time, the case against a Lansing man involving the state’s medical marijuana law has been dismissed.

This time, the case against Michael Lewis, which has been in the court system since 2012, was dismissed by Ingham County Circuit Court Judge Rosemarie Aquilina when she granted a defense motion to dismiss on grounds of entrapment.

“Overall, I’m really proud of law enforcement on every level,” she said. Aquilina added that it’s a dangerous job and police officers get it right most of the time, but “in this particular case it is troublesome.”

Attorneys for the two other defendants, Daniel Corbin and Zebediah Dewey, charged as a result of the same undercover operation will have to file their own motions to dismiss.

The Attorney General’s Office, which is prosecuting the case, can appeal the decision, an outcome Aquilina made clear Monday during the hearing was likely to come from whichever side she ruled against.

The case against the three men was dismissed in 54A District Court in 2012, and upheld in Circuit Court in 2013 by Aquilina based on the law at the time. State Supreme Court rulings changed the law and the case proceeded again in District Court, where it was bound over in 2014 to Circuit Court.

The defendants are all charged with several counts of delivering/manufacturing marijuana.

The undercover operation took place in 2011 and was conducted by the Michigan State Police and the Lansing Police Department.

Undercover officers went into two dispensary locations and started the process of applying for medical marijuana licenses, according to court records. The officers never obtained a license and never received an evaluation from a doctor, according to testimony Monday.

The defendants sold officers marijuana after seeing their application for the state license, helping them fill out an application or remembering them from a previous instance when they had their application, according to testimony.

There were several instances when one of the defendants told an officer to mail their application in, but still sold to them, according to testimony.

Aquilina ruled that officers entrapped Lewis because they knew he wouldn’t check the Department of Licensing and Regulatory Affairs’ database for registered patients and didn’t have access to other state databases.

The officers testified that they never pushed to get the doctor certification.

She ruled that Lewis acted as any reasonable, law-abiding citizen might have, by reviewing the applications and relying on them in selling them medical marijuana to someone who had indicated had a legitimate medical condition.

“I find it reasonable for Lewis to do what he did,” Aquilina said. “This law, especially in 2011, is not clear.”

Aquilina said the prosecution might have a better case against the doctor who signed the certifications without examining the patients.

When Aquilina announced her decision Monday there was brief celebration from the defendants and their families, which the judge quickly quieted down.

“It’s a sad day for everyone when you have a law like this,” she said.

The state’s medical marijuana law, which was a voter initiative passed in 2008, has been described as confusing, ambiguous and filled with legislative holes by many, including local judges. The state Supreme Court has altered or clarified the law nine times, most recently in July.

 

http://www.lansingstatejournal.com/story/news/local/2015/09/21/medical-marijuana-case-dismissed-second-time-since/72587028/

[trichcycler]

finally

[t-pain]

case that seems destined for the msc.

[Indigro]

I just kinda figured entrapment was legal anymore... She must not play in the ag's weekly poker game

[outsideinthecold]

Weekly poker game? Unlicensed gambling? That would be illegal. Surely not our Republican family-values AG?

[bobandtorey]

 “This law, especially in 2011, is not clear.”

 

Great their you have it you can sell cannabis to anyone even out side of your 5 ? ( if you happen to get this Judge )

[trichcycler]

 “This law, especially in 2011, is not clear.”

 

Great their you have it you can sell cannabis to anyone even out side of your 5 ? ( if you happen to get this Judge )

this seems more about selling to someone who did not get a doctor note, not selling to a sixth patient.

[bobandtorey]

OK then you now can sell cannabis to anyone ?

[trichcycler]

that's a different thread man.

 

this one is about " The officers never obtained a license and never received an evaluation from a doctor, according to testimony Monday.

The defendants sold officers marijuana after seeing their application for the state license//"

 

and the answer to your question is NO, I cannot serve more than five patients at one time. Not because the law says so necessarily, but because servicing five patients is incidentally at the ends of my comfort level.

 

selling cannabis to someone without a card is risky business and I wouldn't do it anyways. Selling to someone who hasn't even received a doctors' rec is crazy, perhaps subject to change though in our future. I'll embrace the laws as they evolve and do my best to follow them for safety's sake of family.

[bobandtorey]

Thanks

 

That's a different thread man. Cool Daddy Oh Lol

 

I'll embrace the laws as they evolve and do my best to follow them >> i here that same thing in the Court room for others  i was just trying to follow the Law Judge 

Edited September 23, 2015 by bobandtorey

[trichcycler]

stuff I hear from court rooms is over plant counts, expired cards, improper transport, growing without a card, grow room not secure, setting bombs to protect the garden, blasting butane in moms basement, setting up a marijuana shop on the corner..... when those guys say they were trying to follow the law I have to wonder about that.   It will be a fine day when all of the nonsense comes to an end

[Chauncy Gardner]

stuff I hear from court rooms is over plant counts, expired cards, improper transport, growing without a card, grow room not secure, setting bombs to protect the garden, blasting butane in moms basement, setting up a marijuana shop on the corner..... when those guys say they were trying to follow the law I have to wonder about that.   It will be a fine day when all of the nonsense comes to an end

 

 

The only problem is that the nonsense may come to an end in a manner that will make you wish the nonsense was still around.

 

With Republicans in charge, I only see bad things in store for the Legalization movement.