Charges In Medical Marijuana Case Dismissed

[bobandtorey]

Cases have been dismissed against two men charged with violating the medical marijuana law following police raids in Springfield in 2013.

In an opinion released Wednesday by Calhoun County District Judge Frank Line, charges issued in March 2014 of possession and delivery of marijuana were dismissed against Kiel Howland and Brett Mumy, who were working at the Karmacy at 4549 W. Dickman Road in Springfield.

"The court finds that the state has not met its burden of proof," Liine wrote in his four-page opinion. "There is no direct evidence by exhibit or testimony that connects Brett Mumy to these charges. This court finds that assumptions do not give rise to probable cause. Maybe does not give rise to probably."

Later, Line said the charges against Howland "are more remote in the connection with the events than defendant Mumy."

Bruce Leach of Birmingham was one of the attorneys representing the defendants.

"It's a great day for justice," Leach said. "It has been a long time coming. It is an exciting day in the medical marijuana area."

"This case had been going on for two and a half years and justice is finally served," Leach said. "The judge found that the state did not meet their burden by a probable cause standard to prove any crimes were committed at all."

Calhoun County Prosecutor David Gilbert said late Wednesday afternoon that he had not seen the opinion and could not comment, but that his office may appeal.

Police raided three medical marijuana dispensaries, including the Karmacy, in Springfield on June 26, 2013. They also raided homes in Kalamazoo and Barry County. Officers from the Michigan State Police Southwest Enforcement Team alleged that the dispensaries were not operating within the framework of the Michigan Medical Marijuana law.

 

Defense lawyers argued  their clients had obtained licensing from Springfield and complied with the state law. But prosecutors argued that caregivers assigned to each client were not dispensing the marijuana properly.

Line said there was no proof that the caregivers did or did not place the marijuana in individual lockers for clients, as required. The judge said there was no proof that the weight of the marijuana or the number of plants exceeded the number of patients and caregivers or that the money paid was not for covering expenses, rather than as a profit, which was prohibited.

http://www.battlecreekenquirer.com/story/news/local/2017/01/25/charges-medical-marijuana-case-dismissed/97054206/

[GregS]

I'd like to know how their system works; whether caregivers use the lockers to store cannabis, how do they manage security with locks or otherwise, do patients have access to the lockers to transfer it from their caregivers, and any other pertinent detail. Anybody been there or know?

[Highlander]

I was surprised to see that the court said that the money paid could only cover expenses. This is somewhat inconsistent with the SC position that it is OK to sell meds and completely inconsistent with common and legal definitions of "cost." (As in "compensation for cost")