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A legal battle over medical marijuana rules was cut short Tuesday by a plea bargain.
A fourth day of a hearing on whether a Rome Township man was growing and dispensing marijuana within limits of Michigan law was canceled. Kevin Robert McGrath, 43, dropped a challenge to felony charges brought against him and pleaded guilty to two reduced misdemeanor counts of marijuana possession.
McGrath testified during a hearing that started Dec. 12 that a grow operation at his home did not exceed a limit on the number of plants or volume of marijuana needed to supply himself and five other medical marijuana patients he was certified to care for.
The Lenawee County Prosecutor's Office sought to block a medical marijuana defense in circuit court because of the volume and by challenging the legitimacy of medical marijuana cards issued to McGrath and his patients.
Michigan State Police laboratory technicians were to testify Tuesday in circuit court on their analysis of plants and material seized during a July 15, 2011, police raid at McGrath's home.
Assistant Prosecutor Douglas Hartung said their reports stated 99 plants and 4.5 to 5 pounds of processed marijuana were seized. The legal limit is 72 plants and 15 ounces of processed marijuana for a caregiver supplying himself and the maximum five patients.
McGrath testified Jan. 3 that most of what police called harvested marijuana was "debris" he intended to destroy. He also said he believed he had only about 60 plants large enough to be counted, He said he believed his operation was well within a section of the state law that allows a volume sufficient for a continuous supply to meet patients' medical needs.
McGrath is to be sentenced Feb. 19. Judge James E. Sheridan ruled his medical marijuana card would be suspended until McGrath provides evidence of a doctor's legitimate authorization.
"I'm afraid I've seen this Act used as a pretext to use marijuana," Sheridan said.
Three doctors testified at McGrath's hearing about procedures followed in authorizing medical marijuana cards for him and his patients.
One doctor, Arthur Schechet of West Bloomfield, testified he did "what I felt was appropriate for the patient." He said it is up to lawyers and courts to decide if the one-time visit met legal requirements of a bona fide patient relationship.
That question was not answered in court, leaving other patients and caregivers in Lenawee County without clear guidance on the issues raised in the case.
Lenawee County has an unusually large number of registered patients. In June, there were 2,271 registered patients and 852 registered caregivers in the county, according to the Michigan Department of Licensing and Regulatory Affairs. That equals 2.3 percent of the county population. Statewide, 1.3 percent of Michigan's population was registered to use medical marijuana last year.
It has been difficult to apply the medical marijuana law since it was passed by voters in 2008, Hartung said after resolving the McGrath case with a plea bargain.
"We're working with a new law that was poorly written, and courts are struggling to deal with it," he said.
Amendments intended to clarify some issues were passed by the Legislature in December and will take effect April 1.
Medical marijuana users, Hartung said, "need to make sure they follow these rules. They're not that hard."
The new law allows doctors to authorize medical marijuana after one visit with a patient, he said, but sets up some qualifications. The requirements include an in-person medical evaluation with a full assessment of a patient's medical history and current condition, and a "reasonable expectation" for follow-up care and monitoring of the efficacy of the medical marijuana treatment.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: lenconnect.com
Author: Dennis Pelham
Contact: Adrian, MI - The Daily Telegram - Adrian, MI
Website: Medical marijuana questions left open by plea agreement - Adrian, MI - The Daily Telegram - Adrian, MI
A fourth day of a hearing on whether a Rome Township man was growing and dispensing marijuana within limits of Michigan law was canceled. Kevin Robert McGrath, 43, dropped a challenge to felony charges brought against him and pleaded guilty to two reduced misdemeanor counts of marijuana possession.
McGrath testified during a hearing that started Dec. 12 that a grow operation at his home did not exceed a limit on the number of plants or volume of marijuana needed to supply himself and five other medical marijuana patients he was certified to care for.
The Lenawee County Prosecutor's Office sought to block a medical marijuana defense in circuit court because of the volume and by challenging the legitimacy of medical marijuana cards issued to McGrath and his patients.
Michigan State Police laboratory technicians were to testify Tuesday in circuit court on their analysis of plants and material seized during a July 15, 2011, police raid at McGrath's home.
Assistant Prosecutor Douglas Hartung said their reports stated 99 plants and 4.5 to 5 pounds of processed marijuana were seized. The legal limit is 72 plants and 15 ounces of processed marijuana for a caregiver supplying himself and the maximum five patients.
McGrath testified Jan. 3 that most of what police called harvested marijuana was "debris" he intended to destroy. He also said he believed he had only about 60 plants large enough to be counted, He said he believed his operation was well within a section of the state law that allows a volume sufficient for a continuous supply to meet patients' medical needs.
McGrath is to be sentenced Feb. 19. Judge James E. Sheridan ruled his medical marijuana card would be suspended until McGrath provides evidence of a doctor's legitimate authorization.
"I'm afraid I've seen this Act used as a pretext to use marijuana," Sheridan said.
Three doctors testified at McGrath's hearing about procedures followed in authorizing medical marijuana cards for him and his patients.
One doctor, Arthur Schechet of West Bloomfield, testified he did "what I felt was appropriate for the patient." He said it is up to lawyers and courts to decide if the one-time visit met legal requirements of a bona fide patient relationship.
That question was not answered in court, leaving other patients and caregivers in Lenawee County without clear guidance on the issues raised in the case.
Lenawee County has an unusually large number of registered patients. In June, there were 2,271 registered patients and 852 registered caregivers in the county, according to the Michigan Department of Licensing and Regulatory Affairs. That equals 2.3 percent of the county population. Statewide, 1.3 percent of Michigan's population was registered to use medical marijuana last year.
It has been difficult to apply the medical marijuana law since it was passed by voters in 2008, Hartung said after resolving the McGrath case with a plea bargain.
"We're working with a new law that was poorly written, and courts are struggling to deal with it," he said.
Amendments intended to clarify some issues were passed by the Legislature in December and will take effect April 1.
Medical marijuana users, Hartung said, "need to make sure they follow these rules. They're not that hard."
The new law allows doctors to authorize medical marijuana after one visit with a patient, he said, but sets up some qualifications. The requirements include an in-person medical evaluation with a full assessment of a patient's medical history and current condition, and a "reasonable expectation" for follow-up care and monitoring of the efficacy of the medical marijuana treatment.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: lenconnect.com
Author: Dennis Pelham
Contact: Adrian, MI - The Daily Telegram - Adrian, MI
Website: Medical marijuana questions left open by plea agreement - Adrian, MI - The Daily Telegram - Adrian, MI
