Join us Wednesday, July 13, 2011 from 6:30-8:00 p.m. at the Farmington Library, 32737 W. Twelve Mile Rd., Farmington Hills, as we discuss Medical Marijuana. Topics will include Cultivation, Edibles, How to Become a Patient/Caregiver, and much more.
Meetings are open to the public 18+
Wednesday, July 6, 2011
Wednesday, January 26, 2011
Royal Oak's Split Marijuana Vote Satisfies Neither Side
A vote by the Royal Oak City Commission left advocates of medical marijuana pledging to sue the city but gave opponents of the drug less than the complete ban they had hoped to see passed.
The vote, which calls for strict limits on the use and distribution of the drug, came early Tuesday following 90 minutes of public comments.
"We made it very clear that someone using medical marijuana in Royal Oak would not be subject to criminal prosecution," Commissioner Chuck Semchena, a longtime foe of medical marijuana, said Tuesday. "This new ordinance merely prohibits the growing or distribution of marijuana."
The vote was a deep disappointment to fellow Commissioner Jim Rasor, who joined Mayor Jim Ellison in opposing the strict limits.
"I have no doubt that we will find ourselves in court, spending taxpayer money to defend our indefensible and illegal action, instead of spending that money on police officers and other necessary city expenses," Rasor said.
Said Royal Oak City Manager Don Johnson: "I think we would've been sued no matter what we did."
The ordinance change stopped short of a proposal that medical marijuana users feared might ban the drug entirely. The seven-member commission tentatively passed that proposal last fall at what is called the first reading of a new ordinance. It was based on the Livonia model and, in effect, would have banned any use of medical marijuana, City Attorney David Gillam told commissioners last year.
The American Civil Liberties Union of Michigan has sued Livonia, along with Birmingham and Bloomfield Hills, for passing such ordinances, on behalf of a Birmingham couple who said they have state-approval cards for treating their health conditions with medical marijuana but fear using or growing the drug in the three cities.
South Lyon, which has a similar de facto ban, was sued this month by a resident who has a state-approval card for using the drug, Grosse Pointe attorney Paul Tylenda, who said he is representing the man at no charge, said Monday.
Royal Oak, although it passed a more lenient rule than Livonia, can still expect to be sued, Tylenda said Monday night after joining the stream of public speakers at the commission meeting.
The 4-3 vote for the new limits modified the Livonia model to allow consumption of medical marijuana in Royal Oak, if the drug is "obtained in compliance with the state act," City Manager Johnson said. "But it is not allowing cultivation or distribution of medical marijuana in the city."
To comply with the Royal Oak ordinance change, residents must go outside the city to raise medical marijuana or obtain it from a state-approved caregiver, then they can return home to consume it, Johnson said.
The commissioners' vote did not follow a controversial recommendation by the Royal Oak Planning Commission to allow state-approved patients to grow the drug in their own homes and state-approved caregivers to grow it in their patients' homes, but which also prohibited any distribution or growing facilities.
Brett Tillander, executive director of the South Oakland Boys and Girls Club, said last week that he and 40 other local leaders strongly opposed to the Planning Commission's recommendation submitted a letter of protest to the city.
The vote, which calls for strict limits on the use and distribution of the drug, came early Tuesday following 90 minutes of public comments.
"We made it very clear that someone using medical marijuana in Royal Oak would not be subject to criminal prosecution," Commissioner Chuck Semchena, a longtime foe of medical marijuana, said Tuesday. "This new ordinance merely prohibits the growing or distribution of marijuana."
The vote was a deep disappointment to fellow Commissioner Jim Rasor, who joined Mayor Jim Ellison in opposing the strict limits.
"I have no doubt that we will find ourselves in court, spending taxpayer money to defend our indefensible and illegal action, instead of spending that money on police officers and other necessary city expenses," Rasor said.
Said Royal Oak City Manager Don Johnson: "I think we would've been sued no matter what we did."
The ordinance change stopped short of a proposal that medical marijuana users feared might ban the drug entirely. The seven-member commission tentatively passed that proposal last fall at what is called the first reading of a new ordinance. It was based on the Livonia model and, in effect, would have banned any use of medical marijuana, City Attorney David Gillam told commissioners last year.
The American Civil Liberties Union of Michigan has sued Livonia, along with Birmingham and Bloomfield Hills, for passing such ordinances, on behalf of a Birmingham couple who said they have state-approval cards for treating their health conditions with medical marijuana but fear using or growing the drug in the three cities.
South Lyon, which has a similar de facto ban, was sued this month by a resident who has a state-approval card for using the drug, Grosse Pointe attorney Paul Tylenda, who said he is representing the man at no charge, said Monday.
Royal Oak, although it passed a more lenient rule than Livonia, can still expect to be sued, Tylenda said Monday night after joining the stream of public speakers at the commission meeting.
The 4-3 vote for the new limits modified the Livonia model to allow consumption of medical marijuana in Royal Oak, if the drug is "obtained in compliance with the state act," City Manager Johnson said. "But it is not allowing cultivation or distribution of medical marijuana in the city."
To comply with the Royal Oak ordinance change, residents must go outside the city to raise medical marijuana or obtain it from a state-approved caregiver, then they can return home to consume it, Johnson said.
The commissioners' vote did not follow a controversial recommendation by the Royal Oak Planning Commission to allow state-approved patients to grow the drug in their own homes and state-approved caregivers to grow it in their patients' homes, but which also prohibited any distribution or growing facilities.
Brett Tillander, executive director of the South Oakland Boys and Girls Club, said last week that he and 40 other local leaders strongly opposed to the Planning Commission's recommendation submitted a letter of protest to the city.
Royal Oak Passes Strict Limits on Medical Marijuana
Royal Oak officials voted for strict limits on the use and distribution of medical marijuana.
The vote left advocates of medical marijuana vowing to sue the city as they left Royal Oak City Hall but it gave opponents of the drug less than a complete ban they’d hoped to see passed.
“We made it very clear that someone using medical marijuana in Royal Oak would not be subject to criminal prosecution,” City Commissioner Chuck Semchena said.
“This new ordinance merely prohibits the growing or distribution of marijuana,” Semchena, a longtime foe of medical marijuana, said today. Still, the vote was a deep disappointment to City Commissioner Jim Rasor, who joined Mayor Jim Ellison in opposing the strict limits.
“I have no doubt that we will find ourselves in court, spending taxpayer money to defend our indefensible and illegal action, instead of spending that money on police officers and other necessary city expenses,” Rasor said today.
“I think we would’ve been sued no matter what we did,” Royal Oak City Manager Don Johnson said today.
The ordinance change stopped short of mirroring a proposal that medical marijuana users feared might pass and ban the drug entirely. That proposal was one that Semchena favored last year, and which the seven-person Royal Oak City Commission tentatively passed last fall at what is called the first reading of a new ordinance. It was based on the so-called Livonia model and, in effect, would have banned any use of medical marijuana, City Attorney Dave Gillham told commissioners last year.
The American Civil Liberties Union of Michigan has sued Livonia, along with Birmingham and Bloomfield Hills, for passing such ordinances, on behalf of a Birmingham couple who said they have state-approval cards for treating their health conditions with medical marijuana but fear using or growing the drug in the three communities. South Lyon also has a similar de facto ban and the township was sued this month by a resident who has a state-approval card for using the drug, Grosse Pointe attorney Paul Tylenda, who said he is representing the man at no charge, said Monday.
Royal Oak, although it passed a more lenient rule than the Livonia model, can still expect to be sued, Tylenda said Monday night, after joining a 90-minute stream of public speakers to the City Commission.
The 4-3 vote for the new limits, contained in amendments to the city’s zoning ordinance, modified the Livonia model to allow consumption of medical marijuana in Royal Oak, so long as the drug is “obtained in compliance with the state act,” City Manager Johnson said.
“But it is not allowing cultivation or distribution of medical marijuana in the city,” he said. To comply with the Royal Oak ordinance change requires residents to travel outside the city to raise medical marijuana or obtain it from a state-approved caregiver, then return to their homes to consume it, Johnson said.
Asked whether that could make it more costly, more arduous and more risky for residents to obtain the drug, Johnson said: “No matter what you do, it’s still illegal under federal law.”
The city’s 120-day moratorium on establishing medical-marijuana facilities, set to expire Feb. 13, remains in place until the ordinance change takes effect in Feb. 3, but the moratorium now is moot because the new rule forbids any establishments, such as dispensaries or compassion clubs, city officials said.
The commissioners’ vote did not follow a controversial recommendation by the Royal Oak Planning Commission to allow state-approved patients to grow the drug in their own homes, and to allow state-approved caregivers to grow it in their patients’ homes, but which also prohibited any distribution or growing facilities in the city.
South Oakland Boys and Girls Club Executive Director Brett Tillander said last week that he and 40 other community leaders strongly opposed to the Planning Commission’s recommendation submitted a letter of protest to the city.
The vote left advocates of medical marijuana vowing to sue the city as they left Royal Oak City Hall but it gave opponents of the drug less than a complete ban they’d hoped to see passed.
“We made it very clear that someone using medical marijuana in Royal Oak would not be subject to criminal prosecution,” City Commissioner Chuck Semchena said.
“This new ordinance merely prohibits the growing or distribution of marijuana,” Semchena, a longtime foe of medical marijuana, said today. Still, the vote was a deep disappointment to City Commissioner Jim Rasor, who joined Mayor Jim Ellison in opposing the strict limits.
“I have no doubt that we will find ourselves in court, spending taxpayer money to defend our indefensible and illegal action, instead of spending that money on police officers and other necessary city expenses,” Rasor said today.
“I think we would’ve been sued no matter what we did,” Royal Oak City Manager Don Johnson said today.
The ordinance change stopped short of mirroring a proposal that medical marijuana users feared might pass and ban the drug entirely. That proposal was one that Semchena favored last year, and which the seven-person Royal Oak City Commission tentatively passed last fall at what is called the first reading of a new ordinance. It was based on the so-called Livonia model and, in effect, would have banned any use of medical marijuana, City Attorney Dave Gillham told commissioners last year.
The American Civil Liberties Union of Michigan has sued Livonia, along with Birmingham and Bloomfield Hills, for passing such ordinances, on behalf of a Birmingham couple who said they have state-approval cards for treating their health conditions with medical marijuana but fear using or growing the drug in the three communities. South Lyon also has a similar de facto ban and the township was sued this month by a resident who has a state-approval card for using the drug, Grosse Pointe attorney Paul Tylenda, who said he is representing the man at no charge, said Monday.
Royal Oak, although it passed a more lenient rule than the Livonia model, can still expect to be sued, Tylenda said Monday night, after joining a 90-minute stream of public speakers to the City Commission.
The 4-3 vote for the new limits, contained in amendments to the city’s zoning ordinance, modified the Livonia model to allow consumption of medical marijuana in Royal Oak, so long as the drug is “obtained in compliance with the state act,” City Manager Johnson said.
“But it is not allowing cultivation or distribution of medical marijuana in the city,” he said. To comply with the Royal Oak ordinance change requires residents to travel outside the city to raise medical marijuana or obtain it from a state-approved caregiver, then return to their homes to consume it, Johnson said.
Asked whether that could make it more costly, more arduous and more risky for residents to obtain the drug, Johnson said: “No matter what you do, it’s still illegal under federal law.”
The city’s 120-day moratorium on establishing medical-marijuana facilities, set to expire Feb. 13, remains in place until the ordinance change takes effect in Feb. 3, but the moratorium now is moot because the new rule forbids any establishments, such as dispensaries or compassion clubs, city officials said.
The commissioners’ vote did not follow a controversial recommendation by the Royal Oak Planning Commission to allow state-approved patients to grow the drug in their own homes, and to allow state-approved caregivers to grow it in their patients’ homes, but which also prohibited any distribution or growing facilities in the city.
South Oakland Boys and Girls Club Executive Director Brett Tillander said last week that he and 40 other community leaders strongly opposed to the Planning Commission’s recommendation submitted a letter of protest to the city.
Thursday, January 20, 2011
Southfield's Proposed Medical Marijuana District Is A No-Go
Southfield's City Council voted unanimously Tuesday night against proposed zoning regulations that would have allowed medical marijuana growing facilities in the city's light-industrial districts.
The vote came after more than a dozen residents and two lawyers debated the validity of the zoning. Council members then voted to extend the city's 180-day moratorium -- set to end Friday -- for another 180 days.
"Maybe it's not our job to regulate at all," said Councilman Kenson Siver, maintaining that he still supports the Michigan Medical Marihuana Act passed in 2008, but adding that the council needs more information before passing ordinances. "Maybe it's something the state should figure out and not put us in this dilemma."
The proposal would have allowed caregivers licensed through the state to grow up to 12 plants for themselves and 12 each for five licensed patients in light-industrial districts along 8 Mile and Telegraph roads.
Councilman Sidney Lantz, the council's most vocal opponent, said those in need can buy pills for THC, marijuana's active ingredient, through pharmacies.
It "will increase crime, will cost you money, and these people who are pushing it now don't know what they're doing," Lantz said. "This could be the worst thing that could happen to you."
Southfield lawyer Neil Rockind called the proposed zoning's intentions great, but said the proposal violates state law by dictating where caregivers can grow and forcing them to disperse confidential personal information. "This ordinance will be the subject of a lawsuit" if the measure would have passed, Rockind said.
John Smith, a resident since 1975 with a wife who is a hospice nurse, said he opposed the law only because he thought it would affect those growing at home. Southfield Planning Director Terry Croad said the proposal addresses only caregiver growing and that residents can still grow plants for personal use.
The vote came after more than a dozen residents and two lawyers debated the validity of the zoning. Council members then voted to extend the city's 180-day moratorium -- set to end Friday -- for another 180 days.
"Maybe it's not our job to regulate at all," said Councilman Kenson Siver, maintaining that he still supports the Michigan Medical Marihuana Act passed in 2008, but adding that the council needs more information before passing ordinances. "Maybe it's something the state should figure out and not put us in this dilemma."
The proposal would have allowed caregivers licensed through the state to grow up to 12 plants for themselves and 12 each for five licensed patients in light-industrial districts along 8 Mile and Telegraph roads.
Councilman Sidney Lantz, the council's most vocal opponent, said those in need can buy pills for THC, marijuana's active ingredient, through pharmacies.
It "will increase crime, will cost you money, and these people who are pushing it now don't know what they're doing," Lantz said. "This could be the worst thing that could happen to you."
Southfield lawyer Neil Rockind called the proposed zoning's intentions great, but said the proposal violates state law by dictating where caregivers can grow and forcing them to disperse confidential personal information. "This ordinance will be the subject of a lawsuit" if the measure would have passed, Rockind said.
John Smith, a resident since 1975 with a wife who is a hospice nurse, said he opposed the law only because he thought it would affect those growing at home. Southfield Planning Director Terry Croad said the proposal addresses only caregiver growing and that residents can still grow plants for personal use.
Southfield to Vote on Marijuana Zone
City would limit growers to industrial areas.
Southfield's City Council is to vote Tuesday JANUARY 25, 2011 on strict zoning proposals that limit medical marijuana growing areas to light industrial districts, as communities statewide struggle to comply with the state's medical marijuana law.
"Some communities have taken a prohibition approach," said Southfield Planning Director Terry Croad. "Anybody who's got a moratorium has a wait-and-see approach. We're recommending a regulatory approach."
Council members are to vote at 7 p.m. at City Hall.
Cities have created zoning proposals, laws, moratoriums and outright bans since Michigan voters passed the Medical Marijuana Act in 2008. The law allows those with medical conditions to use marijuana and caregivers to grow up to 12 plants each for themselves and five patients.
Lawsuits are pending in Wayne County Circuit Court that were filed by the American Civil Liberties Union of Michigan to challenge bans on medical marijuana in Birmingham, Bloomfield Hills and Livonia. Bloomfield Township was sued in December after passing an ordinance that prohibits growing marijuana and requires users to register with police.
On Jan. 10, the Farmington Hills City Council tabled its regulations that allow personal medical marijuana use in residents' own homes. The regulations use land use guidelines to curb commercial medical marijuana transactions in the city, essentially forbidding compassion clubs and dispensaries.
Council members said they wanted to study a Grand Rapids ordinance that allows medical marijuana growing as a home occupation in which the caregiver delivers the marijuana.
"There are some communities that said, 'Hey, our people voted for this; we've got to do it,' " said Phil McKenna, president of McKenna Associates, a municipal planning firm working with more than two dozen Michigan communities on medical marijuana laws. "And there are others that are saying, 'What we voted for isn't what we're getting.' I think there's a lot of confusion out there."
Southfield's guidelines propose locating caregiver growing operations in five light industrial districts. The businesses must be at least 200 feet from residential areas.
The city has 20 potential sites, Croad said.
ACLU of Michigan staff attorney Dan Korobkin said Friday that Southfield's law is too restrictive.
"I think having so few areas you can do that, and making it so you have to open up a business, means you're placing unreasonable regulations on caregivers," Korobkin said.
Longtime Southfield City Councilman Sidney Lantz opposes the regulations and said he thinks the proposal allows the city to grant waivers for operations outside the zones -- a point of disagreement with Mayor Brenda Lawrence.
"I think it puts us in the position where we'll have control of it," Lawrence said. "It'll give the people the right they voted to have, and it will provide services for those who qualify for medical marijuana."
Southfield's City Council is to vote Tuesday JANUARY 25, 2011 on strict zoning proposals that limit medical marijuana growing areas to light industrial districts, as communities statewide struggle to comply with the state's medical marijuana law.
"Some communities have taken a prohibition approach," said Southfield Planning Director Terry Croad. "Anybody who's got a moratorium has a wait-and-see approach. We're recommending a regulatory approach."
Council members are to vote at 7 p.m. at City Hall.
Cities have created zoning proposals, laws, moratoriums and outright bans since Michigan voters passed the Medical Marijuana Act in 2008. The law allows those with medical conditions to use marijuana and caregivers to grow up to 12 plants each for themselves and five patients.
Lawsuits are pending in Wayne County Circuit Court that were filed by the American Civil Liberties Union of Michigan to challenge bans on medical marijuana in Birmingham, Bloomfield Hills and Livonia. Bloomfield Township was sued in December after passing an ordinance that prohibits growing marijuana and requires users to register with police.
On Jan. 10, the Farmington Hills City Council tabled its regulations that allow personal medical marijuana use in residents' own homes. The regulations use land use guidelines to curb commercial medical marijuana transactions in the city, essentially forbidding compassion clubs and dispensaries.
Council members said they wanted to study a Grand Rapids ordinance that allows medical marijuana growing as a home occupation in which the caregiver delivers the marijuana.
"There are some communities that said, 'Hey, our people voted for this; we've got to do it,' " said Phil McKenna, president of McKenna Associates, a municipal planning firm working with more than two dozen Michigan communities on medical marijuana laws. "And there are others that are saying, 'What we voted for isn't what we're getting.' I think there's a lot of confusion out there."
Southfield's guidelines propose locating caregiver growing operations in five light industrial districts. The businesses must be at least 200 feet from residential areas.
The city has 20 potential sites, Croad said.
ACLU of Michigan staff attorney Dan Korobkin said Friday that Southfield's law is too restrictive.
"I think having so few areas you can do that, and making it so you have to open up a business, means you're placing unreasonable regulations on caregivers," Korobkin said.
Longtime Southfield City Councilman Sidney Lantz opposes the regulations and said he thinks the proposal allows the city to grant waivers for operations outside the zones -- a point of disagreement with Mayor Brenda Lawrence.
"I think it puts us in the position where we'll have control of it," Lawrence said. "It'll give the people the right they voted to have, and it will provide services for those who qualify for medical marijuana."
Friday, January 7, 2011
JOIN US MONDAY, JANUARY 10, 2011
Southfield Compassion meets MONDAY January 10, 2011 from 6:30-8:30 p.m. at the Southfield Library (Meeting Room) 26300 Evergreen Rd., Southfield, Michigan.
We will discuss Medical Marijuana and how it relates to Patients and Caregivers in Michigan.
Network with Patients, Caregivers, Grow Specialists and Attorneys.
Receive FREE one-on-one legal advice from a local attorney specializing in Medical Marijuana.
DIGITAL VAPORIZER RAFFLE!
Meeting's are open to the public, 18+.
We will discuss Medical Marijuana and how it relates to Patients and Caregivers in Michigan.
Network with Patients, Caregivers, Grow Specialists and Attorneys.
Receive FREE one-on-one legal advice from a local attorney specializing in Medical Marijuana.
DIGITAL VAPORIZER RAFFLE!
Meeting's are open to the public, 18+.
Medical Pot Cases Head To Court
Detroit -- Several showdowns over Michigan's medical marijuana law are slated for courtrooms across the state this year as users and law enforcement officials clash over the drug's legality.
Oakland County prosecutors have until Friday to file legal arguments stating why nine people arrested in a medical marijuana raid should be tried on felony drug charges in a Ferndale court.
In a Wayne County courtroom Jan. 21, attorneys for Birmingham and Bloomfield Hills will ask to have a lawsuit against their cities moved to Oakland County, where prosecutors and law enforcement have declared medical marijuana dispensaries illegal.
And a Madison Heights couple, certified under Michigan law to use, possess and grow medical marijuana, are asking the Michigan Supreme Court to dismiss felony drug charges against them. A decision is expected this year.
In another case, federal agents want the state of Michigan to turn over records in a medical marijuana investigation of seven people in the Lansing area.
The U.S. Attorney's Office is asking a judge to order the state to comply with a subpoena. In a court filing last week, prosecutors said the state is resisting because of a privacy provision in Michigan law.
These controversies stem from the Michigan Medical Marijuana Act, passed in 2008 by Michigan voters. The act approved use of the drug for people with qualifying debilitating medical conditions. It allows patients certified by a doctor to use marijuana and caregivers to grow and provide it for up to five patients.
In the Ferndale case, prosecutors are challenging the law, saying the sale and distribution of any marijuana is illegal.
But lawyers for the nine defendants who worked or were co-owners of Clinical Relief, a marijuana dispensary, are fighting the charges and asking a district court judge to dismiss the case.
An undercover narcotics officer admitted he used a phony Michigan medical marijuana identity card to make purchases at the clinic, which was raided by an Oakland County Sheriff's SWAT team in late August.
The officer said he got approval from his superiors at the Sheriff's Office and from the Prosecutor's Office before making the card. The state issues the ID cards to people certified by a physician to use marijuana to treat a medical condition.
Lawyers for the defendants said that because the state considers the cards private medical information, there is no way for a marijuana dispensary to confirm if a card is real or fake.
Judge Joseph Longo has set a Feb. 7 deadline for defense lawyers to file their arguments, court officials said. A decision in the case is expected after March.
Cities Take Action
Across the state, as communities struggle to interpret the law, many have enacted measures that essentially prohibit medical marijuana use, saying the drug remains illegal under federal law.
Earlier this month, the American Civil Liberties Union of Michigan sued three Metro Detroit communities over their bans, claiming they don't have the power to veto state law.
The lawsuit alleges that Livonia, Bloomfield Hills and Birmingham have violated state law with ordinances that effectively banned a Birmingham couple and other patients from legally using medical marijuana.
In an unrelated case, an Oakland County couple certified to use medical marijuana under state law are asking the Michigan Supreme Court to dismiss felony drug charges against them.
Robert Redden and Torey Clark were charged with drug possession after police found 21 marijuana plants in a raid at their Madison Heights home in 2009.
Prosecutors allege the couple possessed more than the allowable number of plants and did not keep the plants in an enclosed, locked facility as required.
Their case received attention in September after a state appellate judge wrote a 30-page opinion urging state lawmakers to take action on the "inartfully drafted" medical marijuana law, which he said clashes with other Michigan laws.
Law's Consequences
Confusion over Michigan's medical marijuana law has led to patients with valid prescriptions losing their jobs or being threatened with eviction from their homes. Many federally subsidized housing complexes think they must follow federal laws or risk losing federal funding.
James McCurtis, spokesman for the Michigan Department of Community Health, which issues the state ID cards, said 83,552 applications had been sent to the state as of Dec. 10. Of those, 45,808 patient registrations were issued. The number of caregivers is not available and is not included in this number, officials said. More than 9,560 applications have been denied.
Matthew Abel, a Detroit-area attorney who specializes in medical marijuana defense cases, does not predict drastic changes to Michigan's medical marijuana law from any court rulings.
It's not certain what lawmakers will do, he said, under the new, Republican-controlled Legislature and Gov.-elect Rick Snyder.
"I think the law is going to stay intact. It's possible but unlikely that the Legislature will come to some agreement to modify the law. They need a three-fourths majority to repeal the law," Abel said. "We are looking to see what changes the new administration is going to bring to this."
Source: Detroit News (MI)
Author: Jennifer Chambers, The Detroit News
Published: January 3, 2011
Copyright: 2011 The Detroit News
Contact: letters@detnews.com
Website: http://www.detnews.com/
URL: http://drugsense.org/url/OxAwCezw
Oakland County prosecutors have until Friday to file legal arguments stating why nine people arrested in a medical marijuana raid should be tried on felony drug charges in a Ferndale court.
In a Wayne County courtroom Jan. 21, attorneys for Birmingham and Bloomfield Hills will ask to have a lawsuit against their cities moved to Oakland County, where prosecutors and law enforcement have declared medical marijuana dispensaries illegal.
And a Madison Heights couple, certified under Michigan law to use, possess and grow medical marijuana, are asking the Michigan Supreme Court to dismiss felony drug charges against them. A decision is expected this year.
In another case, federal agents want the state of Michigan to turn over records in a medical marijuana investigation of seven people in the Lansing area.
The U.S. Attorney's Office is asking a judge to order the state to comply with a subpoena. In a court filing last week, prosecutors said the state is resisting because of a privacy provision in Michigan law.
These controversies stem from the Michigan Medical Marijuana Act, passed in 2008 by Michigan voters. The act approved use of the drug for people with qualifying debilitating medical conditions. It allows patients certified by a doctor to use marijuana and caregivers to grow and provide it for up to five patients.
In the Ferndale case, prosecutors are challenging the law, saying the sale and distribution of any marijuana is illegal.
But lawyers for the nine defendants who worked or were co-owners of Clinical Relief, a marijuana dispensary, are fighting the charges and asking a district court judge to dismiss the case.
An undercover narcotics officer admitted he used a phony Michigan medical marijuana identity card to make purchases at the clinic, which was raided by an Oakland County Sheriff's SWAT team in late August.
The officer said he got approval from his superiors at the Sheriff's Office and from the Prosecutor's Office before making the card. The state issues the ID cards to people certified by a physician to use marijuana to treat a medical condition.
Lawyers for the defendants said that because the state considers the cards private medical information, there is no way for a marijuana dispensary to confirm if a card is real or fake.
Judge Joseph Longo has set a Feb. 7 deadline for defense lawyers to file their arguments, court officials said. A decision in the case is expected after March.
Cities Take Action
Across the state, as communities struggle to interpret the law, many have enacted measures that essentially prohibit medical marijuana use, saying the drug remains illegal under federal law.
Earlier this month, the American Civil Liberties Union of Michigan sued three Metro Detroit communities over their bans, claiming they don't have the power to veto state law.
The lawsuit alleges that Livonia, Bloomfield Hills and Birmingham have violated state law with ordinances that effectively banned a Birmingham couple and other patients from legally using medical marijuana.
In an unrelated case, an Oakland County couple certified to use medical marijuana under state law are asking the Michigan Supreme Court to dismiss felony drug charges against them.
Robert Redden and Torey Clark were charged with drug possession after police found 21 marijuana plants in a raid at their Madison Heights home in 2009.
Prosecutors allege the couple possessed more than the allowable number of plants and did not keep the plants in an enclosed, locked facility as required.
Their case received attention in September after a state appellate judge wrote a 30-page opinion urging state lawmakers to take action on the "inartfully drafted" medical marijuana law, which he said clashes with other Michigan laws.
Law's Consequences
Confusion over Michigan's medical marijuana law has led to patients with valid prescriptions losing their jobs or being threatened with eviction from their homes. Many federally subsidized housing complexes think they must follow federal laws or risk losing federal funding.
James McCurtis, spokesman for the Michigan Department of Community Health, which issues the state ID cards, said 83,552 applications had been sent to the state as of Dec. 10. Of those, 45,808 patient registrations were issued. The number of caregivers is not available and is not included in this number, officials said. More than 9,560 applications have been denied.
Matthew Abel, a Detroit-area attorney who specializes in medical marijuana defense cases, does not predict drastic changes to Michigan's medical marijuana law from any court rulings.
It's not certain what lawmakers will do, he said, under the new, Republican-controlled Legislature and Gov.-elect Rick Snyder.
"I think the law is going to stay intact. It's possible but unlikely that the Legislature will come to some agreement to modify the law. They need a three-fourths majority to repeal the law," Abel said. "We are looking to see what changes the new administration is going to bring to this."
Source: Detroit News (MI)
Author: Jennifer Chambers, The Detroit News
Published: January 3, 2011
Copyright: 2011 The Detroit News
Contact: letters@detnews.com
Website: http://www.detnews.com/
URL: http://drugsense.org/url/OxAwCezw
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