Ferndale — A phony Michigan medical marijuana identity card used by an undercover narcotics officer to make purchases came under attack Friday by a group of defense lawyers representing nine employees of a Ferndale dispensary.
Derek Myers, an undercover detective for the Oakland County Sheriff’s Office, testified during a probable cause hearing about six visits he made to Clinical Relief in Ferndale in July and August.
Myers acknowledged he made the phony card, told the staff at Clinical Relief he had back pain and made several purchases of marijuana. During one visit, he said he sold marijuana to the staff for $140. For the sale, he was given a receipt.
Myers said he got approval from his superiors at the Sheriff’s Office and from the Prosecutor’s Office before making the card, a fake version of those issued by the state to people certified by a physician to use marijuana to treat a medical condition.
“You know Clinical Relief wouldn’t give it (marijuana) to you unless you had a card?” defense attorney Neil Rockind asked Myers on the stand.
Myers replied: “I made up the card so I could buy marijuana.”
The hearing is examining whether the nine defendants — ranging from receptionists to company owners — should face trial on felony manufacture charges. Prosecutors are challenging the state’s law that allows distribution of medical marijuana. They contend the sale of any marijuana is illegal under state law.
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.
Defense lawyers also 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.
The accused were arrested Aug. 25 after an Oakland County SWAT team raided the facility and confiscated marijuana, cash and patient records. An alleged warehouse in Macomb County and two clinics in Waterford Township also were raided, leading to other arrests.
Judge Joseph Longo asked prosecutors to file written arguments and briefs by Dec. 10. Defense counsel has until Jan. 10 to file responses.
via The Detroit News
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!