Archive for the ‘Michigan Medical Marijuana Act’ Category
Madison Heights couple uses new law as defense in marijuana case
Courtesy of Matthew Maaskant via stock.xchng
It seems the timing was all wrong for a Madison Heights couple caught with more than 20 marijuana plants in their home on March 30. Now they’re hoping time, and Michigan’s newly implemented medical marijuana law, will be on their side in a case that could land each of them in prison for 14 years.
A Detroit News article says the couple’s lawyer will defend their right to possess using dates as evidence.
The Detroit News, April 23: Defense attorney Matthew Abel said the charges should be dismissed because Redden and Clark were legally permitted to possess the plants on March 30, the day police entered their home. Abel says the law took effect Dec. 4, according to the language of the statute — not April 4, which was the day the state released its regulations on the law.
Robert Redden, who suffers from bone disease, and cancer patient Torey Clark both had recommendations from their doctors to use marijuana. According to the Oakland County Daily Tribune, Abel will also challenge the search warrant used to find the plants.
Daily Tribune, April 23: Abel said records show police searched the couple’s garbage at the curb to turn up some marijuana use evidence in order to obtain a search warrant. Police began searching the garbage based on an anonymous tip, he added.
Redden and Clark’s story embodies the confusion surrounding the new law, and the verdict in their case might help set a legal precedent.
The Detroit News, April 21: Officials in charge of the state’s Medical Marijuana Act told The Detroit News this week that, despite what many believe, the law does not require medical marijuana users to have state-issued ID cards in hand to legally possess or use the drug.
