Robert Celt
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Jennifer Sherwood uses marijuana for pain from congenital hip dysplasia, degenerative disc disease and osteoarthritis.
She's had a hip replaced, too.
She and others who use medical marijuana said they had a stake in the outcome of two Kent County medical marijuana cases that went before a state Court of Appeals panel in Grand Rapids on Wednesday, May 4.
They wanted to show support for Ryan Bylsma and David Overholt, who contend they acted legally under Michigan's medical marijuana law but were not allowed to raise that defense at trial.
"I don't have the side effects of prescription pain medication," Sherwood, a 53-year-old grandmother and Sheridan resident, said after a hearing.
The appeals panel of Jane Markey, Michael Riordan and Henry Saad will issue written opinions in the separate cases but did not appear inclined to grant relief to the defendants.
Overholt pleaded no contest to delivery or manufacture of marijuana and was sentenced to probation and community service after police in 2013 raided his dispensary, Mid-Michigan Compassion Club on Leonard Street NW.
His plea was conditional and could be withdrawn if the state Court of Appeals or Supreme Court determines he should be able to use the medical marijuana law as a defense.
Bylsma pleaded guilty to a high-court misdemeanor of maintaining a drug house and possession of marijuana after he was busted in 2010 for operating a collective grow operation.
The Supreme Court has essentially determined that dispensaries are illegal, though some continue to operate in certain parts of the state.
Overholt's attorney, Richard Gould, argued that his client could make caregiver-to-caregiver exchanges.
Saad told him that his argument would not be convincing based on prior interpretations of the law. He told Gould he was on "shaky ground."
Attorney Bruce Block, representing Bylsma, contended that the medical marijuana law provided protections for his client, who only helped other caregivers and patients grow marijuana in a warehouse.
"Mr. Bylsma was assisting other patients and was assisting caregivers at the requests of their patients," Block argued.
The judges said they were deeply familiar with a flawed law that has led to confusion among users, caregivers, growers, lawyers and judges. The judges even stopped to thank medical marijuana proponents for attending the brief session.
"We understand the medical marijuana act is a very difficult statute to understand," Saad said.
He said that efforts to legalize marijuana in Michigan in fall elections could change everything.
"Mercifully, maybe (such cases) will be all over."
If marijuana is legalized, it would not impact Bylsma's and Overholt's cases, Block said.
Saad said the medical marijuana law was a "Trojan horse," intended to open the door to eventual legalization in Michigan.
"There are people who really need it, and there are people who just like it," he said.
The judges noted that Block's law firm has specialized in marijuana cases since the law took effect in 2008.
"You may be out of business by the end of the year," Saad joked.
"Well, perhaps, but there's always something else," Block said.
Then, paraphrasing Bob Dylan, Block said, "Things, 'they are a-changin.'"
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MI: Medical Marijuana Dispensary On 'Shaky Ground,' Judge Says
Author: John Agar
Contact: MLive
Photo Credit: John Agar
Website: MLive
She's had a hip replaced, too.
She and others who use medical marijuana said they had a stake in the outcome of two Kent County medical marijuana cases that went before a state Court of Appeals panel in Grand Rapids on Wednesday, May 4.
They wanted to show support for Ryan Bylsma and David Overholt, who contend they acted legally under Michigan's medical marijuana law but were not allowed to raise that defense at trial.
"I don't have the side effects of prescription pain medication," Sherwood, a 53-year-old grandmother and Sheridan resident, said after a hearing.
The appeals panel of Jane Markey, Michael Riordan and Henry Saad will issue written opinions in the separate cases but did not appear inclined to grant relief to the defendants.
Overholt pleaded no contest to delivery or manufacture of marijuana and was sentenced to probation and community service after police in 2013 raided his dispensary, Mid-Michigan Compassion Club on Leonard Street NW.
His plea was conditional and could be withdrawn if the state Court of Appeals or Supreme Court determines he should be able to use the medical marijuana law as a defense.
Bylsma pleaded guilty to a high-court misdemeanor of maintaining a drug house and possession of marijuana after he was busted in 2010 for operating a collective grow operation.
The Supreme Court has essentially determined that dispensaries are illegal, though some continue to operate in certain parts of the state.
Overholt's attorney, Richard Gould, argued that his client could make caregiver-to-caregiver exchanges.
Saad told him that his argument would not be convincing based on prior interpretations of the law. He told Gould he was on "shaky ground."
Attorney Bruce Block, representing Bylsma, contended that the medical marijuana law provided protections for his client, who only helped other caregivers and patients grow marijuana in a warehouse.
"Mr. Bylsma was assisting other patients and was assisting caregivers at the requests of their patients," Block argued.
The judges said they were deeply familiar with a flawed law that has led to confusion among users, caregivers, growers, lawyers and judges. The judges even stopped to thank medical marijuana proponents for attending the brief session.
"We understand the medical marijuana act is a very difficult statute to understand," Saad said.
He said that efforts to legalize marijuana in Michigan in fall elections could change everything.
"Mercifully, maybe (such cases) will be all over."
If marijuana is legalized, it would not impact Bylsma's and Overholt's cases, Block said.
Saad said the medical marijuana law was a "Trojan horse," intended to open the door to eventual legalization in Michigan.
"There are people who really need it, and there are people who just like it," he said.
The judges noted that Block's law firm has specialized in marijuana cases since the law took effect in 2008.
"You may be out of business by the end of the year," Saad joked.
"Well, perhaps, but there's always something else," Block said.
Then, paraphrasing Bob Dylan, Block said, "Things, 'they are a-changin.'"
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MI: Medical Marijuana Dispensary On 'Shaky Ground,' Judge Says
Author: John Agar
Contact: MLive
Photo Credit: John Agar
Website: MLive
