MM cardholder Neece was charged with possession of a controlled substance, 36 CFR 261.53(e) for possessing three joints in his kayak.
The feds alleged his possession in a national forest in violation of the MMMA because someone was seen smoking a joint.
Defendant moved to dismiss under the rider to the Consolidated Appropriations Act (f/k/a Rohrabacher-Farr or Rohrabacher-Blumenauer).
The court dismissed the case, citing McIntosh. The court held that strict compliance must be established to be dismissed. Had the officers seen Neece smoking in public, in violation of the MMMA 333.26427(b)(3), the court would not have dismissed the case.
A big hearty congratulations to Michael Komorn and the Komorn Law team for this victory. To the best of my knowledge, this is the first Michigan MM case to dismissed in federal court for violating the rider.
Read the Court dismissal document here
Client was charged with improper transport of marijuana in a vehicle. 750.474 but his medical marijuana card expired and and he needed a section 8 defense to remove this conviction from his record. Defendant would be immune from prosecution if he can prove prima facie evidence and a preponderance of evidence of medical use.
The court heard arguments and dismissed the charge of improperly transporting usable marijuana. Court ruled that defendant was immune based on Section 8
Charges were dropped on 6-3-14
Marijuana Criminal Defense
Client charged with marijuana possession in Montrose MI. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and withdrew the plea.
The charge was dismissed.
Medical Marijuana patient charged with 3 counts of Delivery / Manufacture of Marijuana.
Prove defendant was immune from prosecution because of a medical marijuana defense. 333.7401(2)(d)(3) and MCL 333.26424, 333.26428.
Defendant hired Michael Komorn
The defendant was immune from prosecution and that the charges shall be dismissed without prejudice. The prosecutor and court dismissed all three charges on 2-24-2013