All too often, prosecutors refused to dismiss charged once they have been filed, despite an assessment of the circumstances. In other words, even when there is good cause, prosecutors often refuse to dismiss cases once they have been initiated.
This is all the more true when the client is charged with an alleged violation of the Medical Marijuana Act. For some reason, when it comes to patients using marijuana pursuant to a valid medical marijuana card, prosecutor’s are extremely resistant to dismissals – even when we have shown that they have met all of the elements under Section 4 or Section 8 of the Medical Marijuana Act.
Nevertheless, sometimes we are simply too convincing. Such was the case in Livingston County last month. After a lengthy discussion with the local city attorney, all charges against our client were dismissed outright. No temporary pleas, no appeals. Outright dismissals don’t happen very often, but we fight for them and are fortunate enough to get well more than our fair share.