The American Civil Liberties Union of Michigan will not represent the patient whose medical marijuana was seized by police during a traffic stop earlier this year.
The ACLU offered to provide legal services for Christopher Frizzo, 46, of Royal Oak to help him get back 6.75 grams of medical marijuana prescribed for his multiple sclerosis. However, Frizzo declined.
"They don't want to seek any type of compensation monetarily for the suffering I've gone through," Frizzo said, adding that he was hospitalized within six weeks of police confiscating his medical marijuana.
"I have medical documents that prove I suffered a relapse. It's clear I have suffered irreparable harm physically and emotional damage. I was harassed and had my medicine taken."
Rana Elmir, ACLU spokesperson, said she couldn't comment.
"Mr. Frizzo has chosen not to retain the ACLU in his challenge, but I can't get into the details," she said. "We do wish him the best and support his cause."
Royal Oak police pulled over Frizzo for an improper lane change on Jan. 11 on Woodward Avenue. He has a state-issued card identifying him as a patient qualified to use medical marijuana. However, his card was stamped "no caregiver" to indicate he obtained it from someone registered with the Michigan Department of Community Health. Police confiscated the medical marijuana because Frizzo couldn't show he got it from a registered caregiver.
"The officer took it and I went without it until my next disability check," Frizzo said. "The next month I had a seizure, migraines and couldn't breathe. I had to go to the hospital."
The ACLU contends Royal Oak police "unlawfully confiscated" Frizzo's medical marijuana. Their attorneys have said marijuana from any source enters a "safe harbor" once it is possessed by a registered patient and it can't be taken by police.
The ACLU had asked Royal Oak police to return Frizzo's medical marijuana or reimburse him for it. The ACLU also asked the police to assure the public the department wouldn't seize medical marijuana from registered patients who obtain it from unregistered individuals.
Royal Oak City Attorney David Gillam said the state act passed in 2008 wouldn't set up a caregiver registry if patients could obtain medical marijuana from anywhere. He recommended Royal Oak police refuse the ACLU's requests.
Frizzo said the ACLU was ready to file a lawsuit in Oakland County Circuit Court, but he decided not to go forward with the Detroit affiliate. Frizzo said he will contact other ACLU branches and civil rights attorneys.
"The ACLU in New York sued Jet Blue for a man who had to cover his Arabic T-shirt and he was awarded $240,000," Frizzo said, "but they don't want to seek anything for someone who has a serious illness and had their medicine taken away. We're not on the same page."
Frizzo contends any lawsuit against Royal Oak police should seek damages for his personal suffering in addition to settling the question of whether police can seize medical marijuana from registered patients.
"This is an important issue," Frizzo said. "People are not taking marijuana seriously as a medicine. To not seek compensation for medicine taken from a sick person puts out a bad message."
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Daily Tribune
Author: Catherine Kavanaugh
Copyright: 2010 The Daily Tribune
The ACLU offered to provide legal services for Christopher Frizzo, 46, of Royal Oak to help him get back 6.75 grams of medical marijuana prescribed for his multiple sclerosis. However, Frizzo declined.
"They don't want to seek any type of compensation monetarily for the suffering I've gone through," Frizzo said, adding that he was hospitalized within six weeks of police confiscating his medical marijuana.
"I have medical documents that prove I suffered a relapse. It's clear I have suffered irreparable harm physically and emotional damage. I was harassed and had my medicine taken."
Rana Elmir, ACLU spokesperson, said she couldn't comment.
"Mr. Frizzo has chosen not to retain the ACLU in his challenge, but I can't get into the details," she said. "We do wish him the best and support his cause."
Royal Oak police pulled over Frizzo for an improper lane change on Jan. 11 on Woodward Avenue. He has a state-issued card identifying him as a patient qualified to use medical marijuana. However, his card was stamped "no caregiver" to indicate he obtained it from someone registered with the Michigan Department of Community Health. Police confiscated the medical marijuana because Frizzo couldn't show he got it from a registered caregiver.
"The officer took it and I went without it until my next disability check," Frizzo said. "The next month I had a seizure, migraines and couldn't breathe. I had to go to the hospital."
The ACLU contends Royal Oak police "unlawfully confiscated" Frizzo's medical marijuana. Their attorneys have said marijuana from any source enters a "safe harbor" once it is possessed by a registered patient and it can't be taken by police.
The ACLU had asked Royal Oak police to return Frizzo's medical marijuana or reimburse him for it. The ACLU also asked the police to assure the public the department wouldn't seize medical marijuana from registered patients who obtain it from unregistered individuals.
Royal Oak City Attorney David Gillam said the state act passed in 2008 wouldn't set up a caregiver registry if patients could obtain medical marijuana from anywhere. He recommended Royal Oak police refuse the ACLU's requests.
Frizzo said the ACLU was ready to file a lawsuit in Oakland County Circuit Court, but he decided not to go forward with the Detroit affiliate. Frizzo said he will contact other ACLU branches and civil rights attorneys.
"The ACLU in New York sued Jet Blue for a man who had to cover his Arabic T-shirt and he was awarded $240,000," Frizzo said, "but they don't want to seek anything for someone who has a serious illness and had their medicine taken away. We're not on the same page."
Frizzo contends any lawsuit against Royal Oak police should seek damages for his personal suffering in addition to settling the question of whether police can seize medical marijuana from registered patients.
"This is an important issue," Frizzo said. "People are not taking marijuana seriously as a medicine. To not seek compensation for medicine taken from a sick person puts out a bad message."
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Daily Tribune
Author: Catherine Kavanaugh
Copyright: 2010 The Daily Tribune
