June 1, 2012  | 

Still unresolved is the issue of marijuana being sold patient-to-patient.
Still unresolved is the issue of marijuana being sold patient-to-patient.  /  WILLIAM ARCHIE/DETROIT FREE PRESS

 


LANSING -- In what advocates for Michigan's medical marijuana law characterized as a clear-cut victory for patient rights, the state Supreme Court ruled Thursday the state's voter-approved statute protects patients from prosecution even if they have not sought a marijuana registry card.

In its first major ruling on the medical marijuana law, the unanimous court said the law expressed the voters' "intent to permit both registered and unregistered patients to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana."

The ruling came in two cases out of Oakland and Shiawassee counties in which defendants arrested on marijuana charges argued they were immune from prosecution under the statute.

Karen O'Keefe, an attorney with the Washington, D.C.-based Marijuana Policy Project, which sponsored the 2008 medical marijuana initiative, called the court's ruling "great."

"That's the way we wrote it," she said.

In the Oakland County case, the court said the law allows a person arrested on a marijuana-related offense to assert a medical marijuana defense as long the use of marijuana was recommended by a doctor after the law was enacted and before the arrest occurred. But for the defendant in that case, Alexander Kolanek, the court said he could not avail himself of the so-called affirmative defense because his doctor's recommendation came after his arrest.

The affirmative defense allows a person who has been certified to use medical marijuana to use that certification as a defense against prosecution.

In the Shiawassee case, the Supreme Court said defendant Larry King was entitled to an evidentiary hearing on the question of whether he met the requirements of a section of the law providing protection to unregistered patients.

King's attorney John Minock said the decision was a clear-cut victory for King and other medical marijuana patients, and a rebuke to overly zealous police and prosecutors who have attempted to enforce the marijuana law in the most restrictive way possible.

But Joy Yearout, spokeswoman for state Attorney General Bill Schuette, disagreed.

Thursday's ruling "does not legalize marijuana broadly," she said. Registered patients remain subject to limits on the amount of marijuana they can grow or possess. And all medical marijuana users are required to obtain a doctor's certification before using marijuana, she said.

But the ruling clearly upholds the rights of patients to possess and use marijuana, whether registered with the state Department of Community Health or not.

O'Keefe said state certification "still makes sense" for most patients because it allows medical marijuana users to avoid the stress and expense of arrest and prosecution. But the Supreme Court properly determined that the law provides "a safety net" for all legitimate patients, she said.

The case decided Thursday was one of several medical marijuana cases pending in Michigan's appellate courts. Still unresolved are the issues of dispensaries and whether patient-to-patient sales are permitted under the law.

Almost all dispensaries closed last year after Schuette issued an opinion that they were not permitted.

But Matthew Abel, a leading medical marijuana defense attorney, said that he believes Thursday's ruling will "disappoint a lot of prosecutors who want to shut it down altogether."

Abel said the Supreme Court has sent a clear signal that medical marijuana is legal in Michigan.

http://www.freep.com/article/20120601/NEWS06/206010482/Michigan-s-m...

Views: 65

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis favorited Burbia's blog post The Illusion of Fuck You Money
yesterday
tjdavis posted a video

Hi-Rez & Jimmy Levy - This Is A War (Official Video)

Disclaimer: The views, information, opinions and/or activities expressed in this video are solely those of the individuals appearing in the video, and do no...
yesterday
Doc Vega posted photos
Friday
tjdavis posted a video

Berlin 1945: Waiting for the End | Diary of a Metropolis UNCENSORED FOOTAGE

At the beginning of 1945, Berlin is under the illusion that they will survive the war. Every day there are bombing attacks, fires to be extinguished, and cor...
Friday
Burbia posted a blog post

The Illusion of Fuck You Money

The United States use to have this idea that once you make enough money, you.can do as you want.…See More
Thursday
tjdavis posted videos
Thursday
tjdavis posted a blog post
Thursday
Less Prone favorited cheeki kea's photo
Wednesday
cheeki kea posted a photo
Jan 19
Less Prone favorited tjdavis's video
Jan 19
Less Prone posted a video

“I Helped Build It!” A WEF-Davos Insider EXPOSES The Great Reset

Former investment banker and ESG “whistleblower” Desiree Fixler joins The Winston Marshall Show to expose what she says is one of the biggest financial scams...
Jan 19
Doc Vega posted a blog post

One Step Too Far Weighs in on Current Events

We now bring you this week's program on One Step Too Far. Bear with us as more BS floats to the…See More
Jan 18
Burbia's blog post was featured

A Masterclass Is Being Played Out For Those Who Have The Eyes To See

A question can be asked, why do Jews want a multicultural community in a host society? It is to…See More
Jan 18
Doc Vega's 4 blog posts were featured
Jan 18
tjdavis's blog post was featured
Jan 18
cheeki kea commented on Burbia's video
Thumbnail

the WITCH language of MYSTERY BABYLON (DOCUMENTARY)

"Great video to watch, and it turns out english is a bizarre and formidable language in its…"
Jan 17
cheeki kea favorited Burbia's video
Jan 17
Less Prone left a comment for Roberto Castorena
"Welcome to a revolutionary concept in public communication, the truth."
Jan 15
Less Prone posted a blog post

Reiner Füllmich imprisoned for investigating the Covid scandal

Rainer Füllmich, a lawyer investigating the Covid scandal was illegally captured in Mexico in…See More
Jan 15
Burbia posted a video
Jan 15

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted