Jacob Redmond
Well-Known Member
A pair of Kent County corrections officers charged with marijuana crimes will not be allowed to avoid prosecution by claiming they possessed the marijuana under the guidelines of the Michigan Medical Marijuana Act.
Todd VanDoorne and Michael Frederick have been charged with illegally possessing marijuana butter, the charges have ended their careers and put their freedom in jeopardy.
Over the last 10 months since the pair were arrested following late night visits by the local drug enforcement team, attorneys for the officers have tried various avenues to get the case dismissed.
At least, the officers should be able to argue at trial that they were not guilty under the provisions of the act, the defense argued.
Kent County Circuit Court Judge Dennis Leiber rejected motions by the defense asking that the cases be dismissed because the officers were covered under the provisions of the voter approved act.
But Leiber said that while the officers may have met some of the provisions of the act, they failed to provide proof that they had a right to the amount of marijuana they had which the Kent County Prosecutor's Office says exceeded the state's guidelines.
VanDoorne admitted in previous hearings that when narcotics officers came to his house, he had about one pound of marijuana butter and a batch of marijuana-butter brownies from a 13-inch-by-9-inch pan.
Frederick testified he had more than four pounds at his house, involving two full small tubs of butter, one partial tub and a batch of brownies.
Leiber heard hours of testimony over a two-day hearing last month.
VanDoorne's attorney Bruce Block argued that the amount of butter is misleading because a relatively tiny about of marijuana can produce large quantities of the butter, but most of the resulting product is much more dairy than dope.
"The very purpose of the MMMA was to protect patients like Todd Van Doorne and Michael Frederick," Block said following the judges written opinion was produced on Jan. 29. "This ruling strips them of any medical marijuana defense at trial.
Block said the officers were doing their level best to follow what virtually everyone admits is a law that had been widely misused by both marijuana users and law enforcement.
Block said the officer have until the end of the month to decide on whether to appeal Leiber's decision to the Michigan Court of Appeals.
VanDoorne is charged with possession of marijuana, punishable by one year in jail, and maintaining a drug house, a two-year offense.
Frederick and two other officers are charged with charged with delivery and manufacturing of a controlled substance, four-year offenses.
Both were fired from their jobs and remain free on bond. No trial date has been set.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Judge says no to medical marijuana defense for former corrections officers | MLive.com
Author: Barton Deiters
Contact: bdeiters@mlive.com
Photo Credit: likecool.com
Website: Michigan Local News, Breaking News, Sports & Weather - MLive.com
Todd VanDoorne and Michael Frederick have been charged with illegally possessing marijuana butter, the charges have ended their careers and put their freedom in jeopardy.
Over the last 10 months since the pair were arrested following late night visits by the local drug enforcement team, attorneys for the officers have tried various avenues to get the case dismissed.
At least, the officers should be able to argue at trial that they were not guilty under the provisions of the act, the defense argued.
Kent County Circuit Court Judge Dennis Leiber rejected motions by the defense asking that the cases be dismissed because the officers were covered under the provisions of the voter approved act.
But Leiber said that while the officers may have met some of the provisions of the act, they failed to provide proof that they had a right to the amount of marijuana they had which the Kent County Prosecutor's Office says exceeded the state's guidelines.
VanDoorne admitted in previous hearings that when narcotics officers came to his house, he had about one pound of marijuana butter and a batch of marijuana-butter brownies from a 13-inch-by-9-inch pan.
Frederick testified he had more than four pounds at his house, involving two full small tubs of butter, one partial tub and a batch of brownies.
Leiber heard hours of testimony over a two-day hearing last month.
VanDoorne's attorney Bruce Block argued that the amount of butter is misleading because a relatively tiny about of marijuana can produce large quantities of the butter, but most of the resulting product is much more dairy than dope.
"The very purpose of the MMMA was to protect patients like Todd Van Doorne and Michael Frederick," Block said following the judges written opinion was produced on Jan. 29. "This ruling strips them of any medical marijuana defense at trial.
Block said the officers were doing their level best to follow what virtually everyone admits is a law that had been widely misused by both marijuana users and law enforcement.
Block said the officer have until the end of the month to decide on whether to appeal Leiber's decision to the Michigan Court of Appeals.
VanDoorne is charged with possession of marijuana, punishable by one year in jail, and maintaining a drug house, a two-year offense.
Frederick and two other officers are charged with charged with delivery and manufacturing of a controlled substance, four-year offenses.
Both were fired from their jobs and remain free on bond. No trial date has been set.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Judge says no to medical marijuana defense for former corrections officers | MLive.com
Author: Barton Deiters
Contact: bdeiters@mlive.com
Photo Credit: likecool.com
Website: Michigan Local News, Breaking News, Sports & Weather - MLive.com
