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The acquittal of a Clarkston man who was charged with marijuana possession has gone up in smoke despite his claims the drug was for medicinal purposes.
The state Court of Appeals has overturned a ruling that dismissed a possession charge against 28-year-old Chason Pointer after it ruled Genesee Circuit Court Judge Geoffrey L. Neithercut erroneously concluded that Pointer was protected by the Michigan Medical Marijuana Act.
Pointer sought protection under the Medical Marijuana Act, which allows patients to possess up to 12 marijuana plants or 2.5 ounces of useable marijuana. Prosecutors argued that Pointer possessed more than 20 marijuana plants at the time of his arrest.
Pointer's attorney, Daniel Bremer, argued during Pointer's January 2011 trial that prosecutors failed to prove that Pointer ever possessed more than 2.5 ounces of useable marijuana and asked Neithercut to acquit his client and dismiss the charges.
Genesee County Prosecutor David Leyton appealed Neithercut's ruling, arguing that Pointer was still in violation of the Medical Marijuana Act because he had more than 12 plants and argued prosecutors weren't required to prove whether he possessed more than 2.5 ounces of useable marijuana.
Leyton could not be reached for comment.
Appeals judges Karen M. Fort Hood, Patrick M. Meter and Christopher M. Murray agreed with Leyton, saying that Pointer was not immune from prosecution because he possessed more than 12 plants.
The case was remanded back to the circuit court for further proceedings, according to a ruling released Oct. 12.
Neithercut declined comment on the reversal.
Bremer said he plans to meet with his client to discuss a possible appeal to the state Supreme Court.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: Gary Ridley
Contact: Contact Us - MLive.com
Website: Acquital overturned in Genesee County medical marijuana case | MLive.com
The state Court of Appeals has overturned a ruling that dismissed a possession charge against 28-year-old Chason Pointer after it ruled Genesee Circuit Court Judge Geoffrey L. Neithercut erroneously concluded that Pointer was protected by the Michigan Medical Marijuana Act.
Pointer sought protection under the Medical Marijuana Act, which allows patients to possess up to 12 marijuana plants or 2.5 ounces of useable marijuana. Prosecutors argued that Pointer possessed more than 20 marijuana plants at the time of his arrest.
Pointer's attorney, Daniel Bremer, argued during Pointer's January 2011 trial that prosecutors failed to prove that Pointer ever possessed more than 2.5 ounces of useable marijuana and asked Neithercut to acquit his client and dismiss the charges.
Genesee County Prosecutor David Leyton appealed Neithercut's ruling, arguing that Pointer was still in violation of the Medical Marijuana Act because he had more than 12 plants and argued prosecutors weren't required to prove whether he possessed more than 2.5 ounces of useable marijuana.
Leyton could not be reached for comment.
Appeals judges Karen M. Fort Hood, Patrick M. Meter and Christopher M. Murray agreed with Leyton, saying that Pointer was not immune from prosecution because he possessed more than 12 plants.
The case was remanded back to the circuit court for further proceedings, according to a ruling released Oct. 12.
Neithercut declined comment on the reversal.
Bremer said he plans to meet with his client to discuss a possible appeal to the state Supreme Court.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: Gary Ridley
Contact: Contact Us - MLive.com
Website: Acquital overturned in Genesee County medical marijuana case | MLive.com
Why can't they say "oops, too many here's your ticket mail the check here Sir"?
