Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Michigan - A district court judge dismissed felony drug charges Wednesday against a Madison Heights couple embroiled in one of the first major tests of the state's medical marijuana law.
Calling it "one of the worst pieces of legislation I've ever seen in my life," 43rd District Judge Robert J. Turner criticized multiple ambiguities in the voter-initiated law, including how much marijuana a supposed medical user could possess and still be free from prosecution. Under the law, there are several scenarios in which a person can be in valid possession of a various amount of marijuana.
"Every judge in the state of Michigan will have to determine what a reasonable amount is," he said.
It's one of many fears state health officials have voiced in administering the law, which was enacted Dec. 4, 2008. It wasn't until four months later that a registration program was started.
The Madison Heights case explored one problem -- was the required doctor's letter enough proof of legal marijuana use when a registration program had not yet begun?
On March 30, three weeks after getting recommendation letters from Dr. Eric Eisenbud of the Hemp and Cannabis Foundation Medical Clinic in Southfield, but five days before they could apply for state ID cards, Madison Heights police stormed the home of Robert Redden, 59, and Torey Clark, 47. Police seized 21 small marijuana plants and money.
The two were individually charged with felonies for intent to manufacture marijuana. Each faced up to 14 years in prison, since they had prior drug offenses, and up to $1 million each in fines.
The couple and their lawyers argued the letters were sufficient for legal use of marijuana for Redden's hip pain and Clark's cancer nausea.
Police and the Oakland County Prosecutor's Office disagreed. Prosecutor Beth Hand also questioned how often patients needed to see a doctor to renew registration.
After the dismissal, Eisenbud said the issue of determining a reasonable amount of medicinal marijuana would be resolved if the state regulated growth and distribution of uniform medical-grade marijuana.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: freep.com
Author: MEGHA SATYANARAYANA
Copyright: 2009 Detroit Free Press
Contact: Freep.com | Detroit Contact us | Detroit Free Press
Website: Ambiguity in new marijuana law is cited | Freep.com | Detroit Free Press
Calling it "one of the worst pieces of legislation I've ever seen in my life," 43rd District Judge Robert J. Turner criticized multiple ambiguities in the voter-initiated law, including how much marijuana a supposed medical user could possess and still be free from prosecution. Under the law, there are several scenarios in which a person can be in valid possession of a various amount of marijuana.
"Every judge in the state of Michigan will have to determine what a reasonable amount is," he said.
It's one of many fears state health officials have voiced in administering the law, which was enacted Dec. 4, 2008. It wasn't until four months later that a registration program was started.
The Madison Heights case explored one problem -- was the required doctor's letter enough proof of legal marijuana use when a registration program had not yet begun?
On March 30, three weeks after getting recommendation letters from Dr. Eric Eisenbud of the Hemp and Cannabis Foundation Medical Clinic in Southfield, but five days before they could apply for state ID cards, Madison Heights police stormed the home of Robert Redden, 59, and Torey Clark, 47. Police seized 21 small marijuana plants and money.
The two were individually charged with felonies for intent to manufacture marijuana. Each faced up to 14 years in prison, since they had prior drug offenses, and up to $1 million each in fines.
The couple and their lawyers argued the letters were sufficient for legal use of marijuana for Redden's hip pain and Clark's cancer nausea.
Police and the Oakland County Prosecutor's Office disagreed. Prosecutor Beth Hand also questioned how often patients needed to see a doctor to renew registration.
After the dismissal, Eisenbud said the issue of determining a reasonable amount of medicinal marijuana would be resolved if the state regulated growth and distribution of uniform medical-grade marijuana.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: freep.com
Author: MEGHA SATYANARAYANA
Copyright: 2009 Detroit Free Press
Contact: Freep.com | Detroit Contact us | Detroit Free Press
Website: Ambiguity in new marijuana law is cited | Freep.com | Detroit Free Press
