Neil Rockind : In The News : Medical Marijuana Defense

detnews.com 



January 8, 2011 http://detnews.com/article/20110108/METRO/101080346

Fake IDs got cops into pot dispensaries, hearing told

Exam for eight charged under medical marijuana law to resume Jan. 19

MICKI STEELE
The Detroit News

Waterford Township— Eight co-defendants accused of running afoul of Michigan’s medical marijuana law will have to wait a bit longer to find out if they will be ordered to stand trial.

After a full day of testimony Friday in Waterford’s 51st District Court, Judge Richard Kuhn Jr. adjourned a preliminary exam for the defendants, who were arrested after an August raid at several locations in Waterford. The hearing will resume Jan. 19.

“We did nothing against the law,” said defendant William Teichman. “We followed the guidelines of the medical marijuana act.”

Undercover officers of the Oakland County Sheriff’s Office testified that they showed fake medical ID cards to gain entry and make purchases at Everybody’s Café and Herbal Remedies, marijuana dispensaries owned by Teichman and his wife, Candace, last summer on several occasions.

The visits were part of an ongoing investigation that began in July and led to an Aug. 25 raid of the dispensaries and the Teichmans’ home.

The Teichmans and vendors affiliated with the two businesses were arrested after the bust on several charges, including a felony count of possession with intent to deliver.

Marijuana products were sold at the dispensaries by caregivers to people with patient identification cards issued by the Michigan Department of Community Health, the defense argued.

Oakland County Assistant Prosecuting Attorney Beth Hand declined to comment on the case.

The Michigan Medical Marijuana Act has created legal controversy across the state since voters approved it in November 2008.

“Law enforcement has a general distrust for people who use marijuana for any purpose, so law enforcement has resisted the medical marijuana act,” said attorney Neil Rockind, who’s representing co-defendant Matthew Miller.

The co-defendants face up to four years in prison if convicted. William Teichman is also charged with felony firearm. He faces a mandatory two-year prison term if convicted.

msteele@detnews.com

(313) 222-2620

Fake IDs got cops into pot dispensaries, hearing told | detnews.com | The Detroit News.

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2 responses to “Neil Rockind : In The News : Medical Marijuana Defense

  1. Not to belittle the work this Firm does, but its unfortunate that cases like this even occur. I can’t even underhand what the police aimed to accomplish in this raid. First of all, the actual cards to a long time to receive, and the temporary license you are to maintain would certainly not be in any sort of verifiable system as it is only signed on paper by the MD and the paperwork is yet to be finalized and put into record. As long as the State doesn’t provide for substantially more expansive, expensive and unnecessary technology enabling the quick verification of a medical marijuana user’s card will remain a tough task to the dispensary dealing with a determined State sponsored forfeiter. As long as they shop owners made a reasonable and appropriate attempt of verification of their need for marijuana, they should not be busted for intent to deliver. After all, that is what they are doing, intending to deliver given a valid ID is presented and both parties are following the law as so far it is written and intended. Marijuana can now be legally exchanged, despite what law enforcement even under Executive Order from the President, seem to believe. This is the typical resistance to change. It’s unfortunate to see law enforcement use our tax dollars to finance so vigorously and inappropriately against marijuana despite the defendants’ compliance with the law. This case should be a no brainer. Its too bad this must even go to court. Yet it will solidify a precedent that should prevent it from occurring again in the future. Keep up the important and admirable work you guys do.

  2. Not to belittle the work this Firm does, but its unfortunate that cases like this even occur. I can’t even understand what the police aimed to accomplish in this raid. First of all, the actual cards take a long time to receive, and the temporary license you are to maintain would certainly not be in any sort of verifiable system as it is only signed on paper by the MD and the paperwork is yet to be finalized and put into record. As long as the State doesn’t provide for substantially more expansive, expensive and unnecessary technology enabling the quick verification of a medical marijuana user’s card , this will remain a tough task to the dispensary dealing with a determined State sponsored forfeiter. As long as they shop owners made a reasonable and appropriate attempt of verification of their need for marijuana, they should not be busted for intent to deliver. After all, that is what they are doing, intending to deliver given a valid ID is presented and both parties are following the law as so far it is written and intended. Marijuana can now be legally exchanged, despite what law enforcement even under Executive Order from the President, seem to believe. This is the typical resistance to change. It’s unfortunate to see law enforcement use our tax dollars to finance so vigorously and inappropriately against marijuana despite the defendants’ compliance with the law. This case should be a no brainer. Its too bad this must even go to court. Yet it will solidify a precedent that should prevent it from occurring again in the future. Keep up the important and admirable work you guys do.

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