Monthly Archives: March 2011

Herbal Remedies and Judge Kuhn Opinion and Order

Opinion and Order to Bindover

Today we received Judge Kuhn’s long awaited opinion in the Herbal Remedies/Waterford Dispensary Case.  Judge Kuhn gave us an opportunity to cross examine the state’s witnesses and present our arguments but, to be honest, today’s decision was not a surprise.  Disappointing yes . . . surprising, no.  But, I fear not nor worry not.  One day, this case will be before a jury.  A jury of Matt Miller’s peers.  The prosecutor’s and courts know what I can do in front of a jury.  I’ve pulled bears out of thimble’s before — they’ll fight to keep me from the jury.  But we’ll get there and when we do — look out.

Neil Rockind, P.C. is one of Michigan’s leading criminal defense and medical marijuana defense law firms.   We are involved in some of the biggest cases of today, including a series of major Medical Marijuana cases.  We fight.

Visit our other website, www.michiganmedicalmarijuanalawyers.com or www.lawyerswhowin.com to learn more about what we can do for you or your loved ones.

Neil Rockind

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Neil Rockind – Guest Speaker at OCBA Brown Bag titled “Defending Medical Marihuana Cases”

On September 20, 2011 from 11:30 a.m. – 1:00 p.m. Neil Rockind, the premier medical marijuana defense attorney in Michigan, will be giving a lecture for the Oakland County Bar Association Brown Bag Lunch Lecture Series titled “Defending Medical Marijuana Cases.”

Be sure to mark your calenders, because this is a once-in-a-lifetime opportunity to catch a glimpse of Neil Rockind’s extremely successful approach to defending medical marijuana cases.

Off-Topic: Michigan lacrosse is set to net big reward

I am a huge UofM fan and have been playing lacrosse for 12 years. Given this, it is not a surprise that I am a huge fan of the UofM Lacrosse Team. And what’s not to like: They have won 3 National Championships in the past 3 years and are poised to win their 4th this year. Anyway, check out this story on them in the Detroit News today:

Ann Arbor — To understand just what John Paul’s talking about, you first have to listen to him talk about the good ol’ days, back when he played college lacrosse at Michigan.

It was a club sport more than two decades ago, as it is now. But the program then was nothing like the one Paul, in his 14th season as the Wolverines’ hugely successful coach, has poised to make another quantum leap in short order.

A long-awaited decision to elevate lacrosse to varsity status at the university — once a pipe dream — now seems certain, with the full support of athletic director David Brandon.

Continue reading

Oakland Prosecutor: Marijuana Dispensaries Clearly Illegal

This is a ridiculous story and WE hate to even give it any kind of traction, but here ya go:

Pontiac — The Oakland County prosecutor says she wants to end confusion surrounding the Michigan Medical Marijuana Act, telling county commissioners at a board meeting Thursday that dispensaries of any kind are illegal in the state.

“It’s black and white in the statute,” Prosecutor Jessica Cooper told The Detroit News. “We’re clarifying it in the courts and we’re winning in the courts. [FYI: They haven’t won anything.] The judges understand it, but we’re losing in the public [That’s because you are wrong and the public disagrees with you], because they keep thinking it’s legalized and ‘if I have a card, I can do anything I want.'”

The act, which passed in November 2008, has left dispensary operators and defense attorneys crying foul after narcotics enforcement officers began raiding cultivation operations in 2009. But Cooper said the law is very clear [Hasn’t she been saying for months that it is very unclear?] that only people with serious or debilitating illnesses, diagnosed by a Michigan-licensed doctor, are allowed to use the drug and only under certain conditions.

Each qualifying patient can have no more than one primary caregiver, who may maintain 12 or fewer plants or up to 2.5 ounces of harvested marijuana for no more than five designated patients.

Marijuana “pharmacies” are illegal in Michigan, Cooper said, since pharmacies and pharmacists must be licensed by the state, pharmacists must also obtain specialized education, and Schedule I substances, including marijuana, cannot be distributed at pharmacies under state and federal laws.

Still, Cooper acknowledged that there are issues with the law that need fixing, including the provision that allows parents to obtain patient cards for children 18 and under.

“Why are we spending millions and millions of dollars and thousands and thousands of hours trying to keep children away from what is the gateway drug, and that’s marijuana?” Cooper asked.

Nearly 64,000 patient registrations have been issued by the Michigan Department of Community Health out of more than 111,000 original and renewal applications received since April 2009, Cooper said. Defense attorney Neil Rockind, who is representing clients accused of running illegal dispensaries in Waterford and Ferndale, disputed Cooper’s assertion about the law.

“The law doesn’t say dispensaries are illegal. It seems like that would be easy to include in the law if that were the intent of the individuals who drafted it,” Rockind said. “The law doesn’t say that caregivers and patients can’t pool their resources to make marijuana more available to qualifying patients.”

via The Detroit News

Great point Neil!

Medical marijuana advocates: State has us in ‘Catch 22’

Oakland County medical marijuana advocates are unhappy about Michigan Attorney General Bill Schuette’s reaction to a case concerning a medical marijuana card-holder who was arrested for driving under the influence of drugs.

Schuette filed a brief in support of the Grand Traverse County prosecutor’s appeal to the Michigan Court of Appeals in People v. Koon, a case in which Koon, a medical marijuana user, was charged with driving with marijuana in his system.

Michigan’s motor vehicle code prohibits drivers from operating a motor vehicle with any amount of a Schedule 1 substance in the body.

Schuette argued that while the Medical Marijuana Act “provides limited protection to certain individuals who use marijuana in accordance with the act, it does not offer protection to those who then drive with marijuana in their system.

“Therefore, the zero-tolerance standard established by the Michigan motor vehicle code should followed to protect public safety.”

Rick Thompson, editor of Oak Park-based Michigan Medical Marijuana Magazine, said he believed “it’s obvious the Attorney General isn’t using common sense.”

Thompson called trying to balance zero-tolerance with the Medical Marihuana Act a “Catch 22.”

“You’re allowed to be a (medical marijuana) patient but you are not allowed to drive,” he said.

“Zero tolerance is a bad policy. It’s going to cost honest patients their liberty.”

John W. Hart, a Lake Orion resident who has followed medical marijuana cases and coverage in Michigan, applauds Schuette’s position.

“It (medical marijuana) is all a farce. The law has so many gray areas,” said Hart.

“You can’t operate a motor vehicle with medical marijuana in your system. It’s the law.”

Jeffrey Perlman, a Southfield-based attorney who has advocated for medical marijuana patients and caregivers in the recent Oakland County cases, disagrees with the Attorney General’s stance.

“Medical marijuana stays in a person’s system for up to 30 days, but it doesn’t mean you are impaired,” he said.

“To take a person’s driving privileges away because they are on a medicine you don’t approve of — but a doctor does — is unacceptable.”

Oakland County Prosecutor Jessica Cooper noted that “driving under the influence is not even allowed under the state medical marijuana act.

“It’s not a defense.”

Rodney Koon was charged on May 21, 2010 by the Grand Traverse County Prosecutor’s office for driving under the influence of a drug (OUID).

Koon, a medical marijuana user, had been stopped for speeding on Feb. 3, 2010 and admitted to smoking marijuana that day. A blood test showed evidence of active THC — the psychoactive ingredient in marijuana — in Koon’s system.

The Traverse City Record-Eagle reported Koon said he smoked marijuana six hours before he was stopped.

Grand Traverse County district and circuit courts concluded that language in the Michigan Medical Marihuana Act superseded the motor vehicle code and required the prosecutor to demonstrate Koon was actually impaired by the marijuana in his system.

“This law must not be interpreted in a way that puts the safety of people on the roads at risk,” said Schuette.

“Michigan law makes clear that driving with drugs in your system is illegal. Allowing anyone to do so puts the lives of our families and friends unnecessarily in jeopardy.”

via The Oakland Press

A couple of Briefs re: Medical Marijuana while on Probation

These briefs were filed in People v. Halloway re: using medical marijuana while out on probation. Interesting reading…

People v Halloway – Motion to Use Med MJ on Probation

People v Halloway – Pros Reply to Motion to Use Med MJ on Probation

Colin A. Daniels