Attorney Seeks Stay In Medical Marijuana Case

[bobandtorey]

GAYLORD — The attorney for an individual facing charges stemming from a series of medical marijuana dispensary raids asked for a stay Wednesday, citing a similar ongoing case in the Michigan Court of Appeals that could impact this case.

Alan Witt, 27, of Gaylord, appeared for a hearing Wednesday in 46th Circuit Court before Judge George J. Mertz. Witt faces two felony counts of delivering and manufacturing marijuana and one count of maintaining a drug house, though his attorney hopes the charges will eventually be dismissed based on a future decision in a pending case in the Michigan Court of Appeals.

“I'm looking to have this case put on hold,” said Josh Covert, the attorney representing Witt, from Nichols Law Firm in East Lansing. “There is another case that has very similar facts that is pending right now at the (Michigan) Court of Appeals and they are to decide, essentially, if somebody in a situation similar to my client's would have a defense under the (Michigan) Medical Marihuana Act.”

Covert said the case in question, People v. Overholt, involves a dispensary owner who allegedly sold to a card-holding patient who was not registered to the dispensary employee through the Michigan Medical Marihuana Act. Both individuals had medical marijuana cards, Covert said, though they were not registered together.

A similar situation led to the charges now facing Witt, as Covert said his client allegedly sold medical marijuana to an individual who was registered with a medical marijuana card, though the two were not registered together.

In Overholt's case, Covert said the defendant is asserting a defense under Section 8(b) of the Michigan Medical Marihuana Act, which reads: “A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).”

Section 8(a) explains a patient and the patient's primary caregiver can assert the medical purpose for using medical marijuana as a defense to any prosecution involving marijuana, when there is evidence showing:

• A physician's opinion that medical marijuana can help with the patient's medical condition.

• The patient and the patient's caregiver were in possession of an amount of medical marijuana that was not more than what is reasonably necessary to ensure the uninterrupted availability for the purpose of treating the medical condition.

• The patient and the patient's caregiver were involved in the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the use to treat the medical condition.

“Basically, the argument here is there may be a defense and there was a transaction between two card-holding members under section 8(b),” Covert said.

Mertz listened to Covert's request, as well as Otsego County Prosecutor Michael Rola's objection, and did not make a decision. To allow time to review the Overholt case and other information, Mertz ended the hearing and said he would have a decision on by the end of the week.

Rola said he objected mostly because nobody knows when the Overholt decision will be made.

"We have no control over when or how long the Court of Appeals will take to rule on the matter," he said. "It could be an overextended period of time, and that is not appropriate."

He said a further delay could impact testimony from witnesses, saying it is important to assure the memories of the witnesses are fresh when it comes time for them to testify.

If Mertz allows the stay, and if the Court of Appeals rules in favor of Overholt, Covert was hopeful Witt would receive a favorable ruling.

“If I get my stay granted, the case is on hold until the Court of Appeals makes their decision,” Covert said. “If the Court of Appeals makes their decision that that's protected conduct, we would have to hold an evidentiary hearing, most likely. At that point we could be entitled to a dismissal.”

If the stay is not granted, the case is expected to go to a jury trial, currently scheduled for Monday, Jan. 25, and Tuesday, Jan. 26.

Witt's case is the result of a Straits Area Narcotics Enforcement raid on May 27, including Gaylord Provisions and seven additional Otsego County medical marijuana dispensaries. During the raids marijuana, cash, vehicles and weapons were confiscated.

Witt was the first of those involved in the raids to not accept a plea deal and fight the charges. Another individual appeared in court directly after Witt, Bradley Worde. According to the Otsego County Courts website, Worde also faces two counts of delivering and manufacturing marijuana and one count of maintaining a drug house.

If the stay request is granted, Rola was unsure how the decision of the appeals court could affect the Witt case.

"It could, it could not," he said. "It could have no effect, it could have limited effect."

Regardless of the decision, Rola continued to oppose the stay request.

"There is no reason to delay the trial," he said.

 

http://www.petoskeynews.com/gaylord/featured-ght/top-gallery/attorney-seeks-stay-in-medical-marijuana-case/article_653748c3-0512-5935-8bc1-5b65c6dcd4b2.html

[t-pain]

weird prosecutors deny stays like this.

 

then prosecutors appeal decisions when they lose.

 

since when are prosecutors supposed to obstruct court cases at every turn? when did that become a thing?

[bobandtorey]

weird prosecutors deny stays like this.

 

then prosecutors appeal decisions when they lose.

 

since when are prosecutors supposed to obstruct court cases at every turn? when did that become a thing?

 

 

You mean like this 

 

[GregS]

This is getting old. People need to engage in additional protection. I will be surprised to find that the defendants have the prima facie evidence necessary to establish an Affimative Defense.

http://michiganmedicalmarijuana.org/blog/584/entry-1163-added-evidentiary-protection-with-or-without-registration/

Edited January 9, 2016 by GregS

[GregS]

First meeting of the marijuana law section of the State Bar of Michigan meets today. There will be judges, prosecutors, and defense attorneys shooting the bunny muffin about marijuana law. Could be good or bad depending on the numbers and the activity.

How was the experience?

 

[bobandtorey]

GAYLORD — A medical marijuana case is expected to go to trial after a stay request was denied.

 

Michael Rola, Otsego County prosecutor, said he received a copy of an opinion from 46th Circuit Court Judge George J. Mertz late Friday afternoon, informing the recipients of the email he had denied a stay request from Alan Witt, 27, of Gaylord and his attorney, Josh Covert, from Nichols Law Firm in East Lansing.

Witt currently faces two felony counts of delivering and manufacturing marijuana and one count of maintaining a drug house.

Covert requested the stay at a Jan. 6 hearing, saying it would allow time for a ruling in a similar case in the Michigan Court of Appeals, which he said could have implications on this case. Rola objected and was encouraged to see Mertz deny the request.

“There is no guarantee it would even be favorable to the defense, and we don't know how long it could be in the Court of Appeals,” Rola said.

At the Jan. 6 hearing, Rola objected to the stay because of the time factor, citing further concerns that an extended delay could impact the memory of the witnesses he plans to call to testify during the trial.

Though Covert and Witt were not reached for comment before press time, Covert previously cited People v. Overholt, an ongoing appeals court case which he said is very similar to Witt's.

Covert previously said the case involves a dispensary owner who allegedly sold medical marijuana to a card-holding patient who was not registered to the dispensary employee through the Michigan Medical Marihuana Act. Both individuals had medical marijuana cards, Covert said, though they were not registered together.

Witt was charged as the result of a similar situation. According to Covert, his client allegedly sold medical marijuana to an individual who was registered with a medical marijuana card, though the two were not registered together.

In the appeals court case, the defendant is asserting a defense under Section 8(b) of the Michigan Medical Marihuana Act, Covert said, which reads: “A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).”

According to a copy of the act, Section 8(a) explains a patient and the patient's primary caregiver can assert the medical purpose for using medical marijuana as a defense to any prosecution involving marijuana, when there is evidence showing:

• A physician's opinion that medical marijuana can help with the patient's medical condition.

• The patient and the patient's caregiver were in possession of an amount of medical marijuana that was not more than what is reasonably necessary to ensure the uninterrupted availability for the purpose of treating the medical condition.

• The patient and the patient's caregiver were involved in the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the use to treat the medical condition.

With the stay request denied, the case is next expected to go to trial. According to the 46th Circuit Court website, the trial is currently scheduled for Jan. 25-26.

If convicted, one count of maintaining a drug house is a two-year felony, Rola said, while one count of delivering and manufacturing marijuana is a four-year felony.

A Straits Area Narcotics Enforcement raid on May 27, including Gaylord Provisions, where Witt was employed at the time, and seven additional Otsego County medical marijuana dispensaries, led to this and several additional cases. During the raids, marijuana, cash, vehicles and weapons were confiscated.

Rola previously confirmed Witt was the first of the defendants involved in the raids to not accept a plea deal and fight the charges.

Another individual appeared in court directly after Witt, Bradley Worde, also represented by Covert, who is also expected to fight the charges. According to the Otsego County Courts website, Worde faces two counts of delivering and manufacturing marijuana and one count of maintaining a drug house.

Read the Herald Times for further updates.

Follow @Mark_JohnsonGHT on Twitter.

1 image

Herald Times file photoA stay request issued in 46th Circuit Court by Alan Witt, shown Aug. 13 at Gaylord Provisions, a medical marijuana dispensary he was formerly employed at, and his attorney Josh Covert, was denied Friday, meaning the case will likely head to trial.

 

http://m.petoskeynews.com/gaylord/news/crime/stay-request-denied-in-case-of-medical-marijuana-leader/article_771ca9d5-a7bd-5fd1-b7d6-69fe867afa04.html?mode=jqm

 

Edited January 12, 2016 by bobandtorey

[trichcycler]

thank you for the update bob

[bobandtorey]

Here is another one from the store thats being prosecuted 

 

Medical marijuana dispensary new business in Vanderbilt

March 04, 2011|Michael Jones, Staff Writer

VANDERBILT — Brad Worde had relied on word-of-mouth to advertise his newest business venture.

But that hasn’t stopped a steady flow of patients from coming into what is believed to be Otsego County’s first medical marijuana dispensary, which opened its doors one week ago.

Worde, an avid horticulturist, spent a number of years working as a chef in Europe and the United States and as a wholesaler of hydroponically grown heirloom tomatoes and lettuce to some of the finest restaurants in Northern Michigan, including the Grand Hotel on Mackinac Island.

He can now add the Vanderbilt Holistic Apothecary to his growing résumé

Worde, who himself possesses a Michigan medical marijuana card, the result of medical issues with leg pain associated from long years on his feet while employed as a chef, indicated he has a strongly-held belief in the healing powers of holistic medicine, including the use of marijuana to regulate pain and help with other medical issues when conventional prescription drugs don’t work or can’t be tolerated by a patient.



“We’re trying to get people back to a holistic approach to looking at medicine to manage their pain and illnesses,” said Worde, who has plans to sell hydroponically grown tomatoes, lettuce and medicinal herbs on-site at the new business, which is located on the south side of Vanderbilt on Old 27.

A proponent of hydroponic horticulture, Worde uses the hydroponic process to produce and sell the heirloom tomatoes he raises at his Noble House Farms outside of Vanderbilt for five months of the year, despite the short growing season found here in Northern Michigan.

He has used that expertise in hydroponics to serve as  “the tech person,” advising medical marijuana caregivers on the art of growing pot — for medical use — through hydroponics. Worde said the marijuana he provides for patients visiting his dispensary has, so far, come from growers in Northern Michigan.

As to the dispensary and what he provides to his patients in need of pain relief, Worde said no one gets past the front counter without providing proof of possessing a medical marijuana card.

“This is a patient-to-patient business and we’re here to help people who have tried conventional medical practices without relief,” he said.

Worde said he and his manager, Jared Zieris, provide education to those seeking help by providing information as to how to use marijuana to relieve pain from “anything from cancer to arthritis. We’re doing a lot of education here,” Worde said. “We discuss the various ways people can use the drug — vaporizers, through edibles or smoking. It’s good for people who have had chemo — it has the added benefit  of helping with their appetite.”

“People have been thanking me left and right. This is a legitimate use of marijuana for patients who have the card,” Worde said. “I had a lady come in who was very, very happy to see us open up here. She couldn’t take any (prescription) drugs and this is helping her. This is one of the things that helps people. I can see the use and need for it.”

Worde said anyone thinking about stopping by after business hours searching for a “free sample” should think twice. “Our product is not kept on the premises, when we leave, it leaves, he said, noting the shop will have security cameras and a security system installed.

Asked if he felt like he was a pioneer — opening the first medical marijuana dispensary in the county since voters approved the use of medical marijuana in Michigan more than two years ago, Worde shrugged off the comparison.

“No, I’m not a pioneer. It’s just a matter of common sense. Medicinal herbs and holistic medicine work. This is just more of what we need here.”

The medical marijuana dispensary is currently open Monday-Saturday from 3-9 p.m.

 

http://articles.petoskeynews.com/2011-03-04/medical-marijuana_28654364

Edited January 13, 2016 by bobandtorey