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: 63

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

pohonemas33 team commented on tjdavis's photo
Thumbnail

DejaVu

"nice very goodjob, i wish you can visit official situs pohonemas33"
3 hours ago
Sandy posted a photo
12 hours ago
Doc Vega posted a blog post
22 hours ago
Saint Quinn favorited Burbia's video
yesterday
Doc Vega posted blog posts
yesterday
Burbia commented on tjdavis's blog post The Jewish Couple That Taught Bob Dylan Hebrew and Introduced Him to Zionism
"Haaretz put this story behind a pay wall. Sali Ariel and Terry Noble were the names of the couple…"
Wednesday
William Heckman is now a member of 12160 Social Network
Wednesday
cheeki kea commented on tjdavis's photo
Wednesday
cheeki kea commented on cheeki kea's video
Thumbnail

This Woman DESTROYED Harley-Davidson's Future Forever

"It's a sad day on the highway. But I guess the show must go on. Watch out for the ruination of…"
Wednesday
cheeki kea posted a video

This Woman DESTROYED Harley-Davidson's Future Forever

This Woman DESTROYED Harley-Davidson's Future ForeverWelcome to Ride Radar – Your Frontline Source for Motorcycle Deals, Trends & Market Mayhem.Looking for t...
Wednesday
tjdavis posted a photo
Wednesday
Burbia posted a status
"Who knew releasing the MLK files and literally deflecting, it ends up implicating himself with the Epstein Files."
Tuesday
Burbia posted a video

Dan Bilzerian DEMOLISHES MAGA Nutjob Patrick Bet-David on His Own Show

Watch as two powerhouse personalities collide in this no-holds-barred debate on one of the world’s most contentious issues. Patrick Bet-David, known for his ...
Monday
Doc Vega's 7 blog posts were featured
Sunday
tjdavis's 2 blog posts were featured
Sunday
Less Prone favorited tjdavis's blog post Track AIPAC
Sunday
FREEDOMROX's blog post was featured

MRNA VACCINES: Question

Hello my fellow sojourners,I know it has been five years since the Plandemic, but one question has…See More
Sunday
Less Prone favorited FREEDOMROX's blog post MRNA VACCINES: Question
Sunday
cheeki kea commented on cheeki kea's photo
Jul 19
cheeki kea posted a photo
Jul 19

© 2025   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