Case challenges Michigan’s medical marijuana law
Ferndale— A probable cause hearing began Wednesday for nine Oakland County residents charged in a case in which local law enforcement is challenging the state’s law that allows distribution of medical marijuana.
The accused were associated with Clinical Relief, a Ferndale marijuana dispensary, and were arrested Aug. 25. An alleged warehouse in Macomb County and two clinics in Waterford Township also were raided, leading to other arrests.
All of the Ferndale defendants are free on bond, and 43rd District Judge Joseph Longo did not decide Wednesday whether to bind them over for trial in Oakland County Circuit Court. The hearing continues Friday.
About 50 people demonstrated outside the hearing in favor of the medical marijuana law and against the crackdown.
Lawyers for the defendants said no laws were broken because the clinic operated within rules established by the law that voters passed in 2008. They said Oakland County’s prosecutor and sheriff brought the charges to test the state’s law.
There have been arrests and confusion over the law statewide.
A Michigan Court of Appeals judge in September urged state legislators to clarify the “inartfully drafted” law, which he said has become a “nightmare.”
Under the law, a doctor’s approval is needed for a state-issued card from the Michigan Department of Community Health that allows the holder to possess and use up to 21/2 ounces of marijuana to alleviate pain. The Michigan Department of Community Health reports it has received 69,530 applications for medical marijuana cards. It has approved 37,730.
A Troy police officer, who served as an undercover investigator with the Oakland County Narcotics Enforcement Team, testified Wednesday that in July she went into Clinical Relief with a counterfeit medical marijuana card and lied to a clinic worker about suffering headaches and experiencing neck pain from a car crash to get an eighth of an ounce of marijuana.
Defense lawyers argued that because the state considers issuance of the cards private medical information, there is no way for a marijuana dispensary to confirm if a card is real or fake.
via The Detroit News
You read that right: Police falsified government documents, lied about their true identities and made up fake ailments! All of that in order to entrap a lawfully practicing business. Who do you think the lawbreakers are?
– Colin A. Daniels
Neil Rockind, P.C. is leading the way in Michigan Medical Marijuana Defense. If you or a loved one is faced with a violation of the Michigan Medical Marihuana Act, or an investigation by any policing agency regarding such a violation, please contact Neil Rockind, P.C. at firstname.lastname@example.org or call our office directly at 248-208-3800 to schedule a free consultation!