U.S.A. v. Smith: Federal Judge Allowes Medical Marijuana Defense

On this issue, Democrats and Republicans, liberals and conservatives should agree — Marijuana has medicinal and therapeutic value.  Several states, including my home state, Michigan, have found that marijuana has a therapeutic and palliative benefit.  Regardless of the manner in which the Federal Government has labeled marijuana, i.e., as a Schedule I controlled substance, it has medical benefits.  Compassionate and Medicinal Use is rightfully taking place.  Moreover, it is taking place in states where it is legal to do so, e.g., Michigan, Colorado, California.  However, in states where residents and citizens are following, are trying to follow and believe that they are following the law, the threat of the federal government coming in and indicting people, be they patients, caregivers or dispensary operators, the looms large.  Many federal courts have held in previous cases that it is not a defense to a federal charge of cultivation of marijuana to say, “my client was following the state law.”  In other words, poor souls who were using marijuana pursuant to a state law, could be prosecuted in federal court for using it pursuant to a state law. So much for our cherished Union of States.

In these tragic cases, the federal government successfully blocks and obstructs the accused’s right to say as a defense that he/she was following the state law.  Those folks who grew marijuana, for example, under a state law were barred from telling their federal juries that they were growing under state law.  The law entraps and trapped them.  Until now — in the case of United State v Steele, a courageous judge agreed that the courageous defendant ought to be able to tell the jury that they were following state law.  This only seems fair.

Take a second to read about this case.  It is courage personified.

U.S.A. v. Smith: Federal Judge Allowes Medical Marijuana Defense.

Neil Rockind, P.C. is a boutique law firm concentrating in criminal defense and in the defense of those accused of  crime or of violating the Michigan Medical Marijuana law.  Neil Rockind, P.C. is the only firm involved in the major dispensary cases in Oakland County, Michigan.  If you or a loved one is getting harrassed by the police, let us know.  Call our office at 248.208.3800 or visit us at http://www.michiganmedicalmarijuanalawyers.


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