5 local marijuana cases dismissed after ruling

“My medicine for my patients, why a ladder, why my vibrator, I don’t know either,” Hency said during a Michigan House Committee meeting.

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Local Attorney Michael Komorn, got the news that the marijuana case against his client was dropped and her property seized would be returned.

Ginnifer Hency and her lawyer, Michael Komorn, got the news early Wednesday morning that the marijuana case against her was dropped, and her property seized through civil forfeiture would be returned.

The Kimball Township woman’s case is one of at least five marijuana cases in St. Clair County that will be dismissed after a state Supreme Court decision last week.

“I’m elated that this part is over,” Hency said. “It’s been a long year.”

St. Clair County Prosecutor Michael Wendling said about 18 cases were on hold while prosecution and defense waited on the Supreme Court decision.

“We reevaluated the files that we had pending and at least five were no longer viable in light of the Supreme Court decision,” Wendling said.

“I think that’s an analysis that prosecutors across the state are undertaking.”

The Michigan Supreme Court ruling last week — its ninth medical marijuana ruling since voters approved the Michigan Medical Marihuana Act in 2008 — clarified when caregivers and users can use their medical marijuana certification as a defense or immunity if charged with a marijuana-related crime.

“We would have to have specific evidence on those items in order to overcome that burden now that we did not have to show before,” Wendling said.

“Several of those cases the evidence isn’t there to do that.”

Wendling said any unresolved civil forfeiture cases connected to those five dismissed cases also will be dismissed, and items seized will be returned.

The four other marijuana cases dismissed include ones against Austin Ray, Ryan Jackson, Thomas Cook and Kevin Lindke, Wendling said.

Komorn said Hency was arrested and her home raided in July 2014. The medical marijuana caregiver was charged in December 2014 with possession with intent to deliver marijuana.

According to appeal documents from the prosecution, Hency was charged after she allegedly told a Drug Task Force member she had six ounces of marijuana in a locked bag that she intended to exchange for a different strain with another caregiver and give the marijuana to her patients.

Her case was dismissed by visiting District Judge David Nicholson in May after Nicholson found that no crime had occurred after a preliminary examination.

The prosecutor’s office appealed Nicholson’s decision in circuit court. Oral arguments on the appeal were supposed to be heard by Circuit Judge Michael West Wednesday.

“We still feel that that appeal is justified because it was on a different issue,” Wendling said. “But, at the end of the day, if we win that appeal and that case gets refiled, we still have that Supreme Court decision to deal with.”

Komorn said he, co-counsel Shyler Engel and Hency were happy with the dismissal.

“But that does not eliminate the horror of what they’ve had to deal with the last year,” Komorn said.

“It didn’t come easy. We’ve had to fight for a year.”

Komorn said Hency’s family was devastated by the July 2014 raid on their home and Hency has had trouble finding employment because of the pending narcotics charge.

“We’re interested in pursuing damages,” Komorn said.

“This shouldn’t have happened. There shouldn’t have been criminal charges and there certainly shouldn’t have been a forfeiture.”

Hency said authorities seized several items, including a Chevy Impala, two iPhones, an iPad and a ladder, when they raided her home in 2014.

Hency’s case gained national attention when she said the Drug Task Force also seized a sex toy.

Sheriff Tim Donnellon said that was investigated and was unfounded.

“It’s absolutely not true,” Donnellon said. “There’s no reason for us to do any such thing, it never happened.”

The sex toy wasn’t listed on the forfeiture seizure list.

Hency said she appreciated the prosecutor’s decision to dismiss the case “in the interest of justice.” But she said she feels her case isn’t completely finished.

“When I get my stuff back I will consider it over,” Hency said. “There are a whole lot of other cases in St. Clair County that I hope they revisit in light of the (Supreme Court) decision.”