There’s obviously a major disconnect between Michigan prosecutors and judges when it comes to medical marijuana.
By Michael Komorn
The Oakland Press reports that prosecutors have some credible evidence against two Lenox Township men accused of running an illegal marijuana grow operation.
But what has everyone turning their heads, is Judge David Viviano’s ruling in the case that a medical marijuana caregiver card is only an “affirmative defense” against criminal charges. Or in other words, it’s a jury’s decision if a defendant’s state-sanctioned right to grow or possess medical marijuana outweighs the charges against hm.
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Labeling the ruling absurd is an understatement. Consider it this way: If you are arrested for trespassing, when in-fact you own the property, your right to be on the property isn’t something for the jury to consider at trial.
There’s obviously a major disconnect between Michigan prosecutors and judges when it comes to medical marijuana.
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Oct. 26, Oakland Press: Assistant Macomb prosecutor William Dailey was pleased with the ruling, saying it will help guide medical marijuana users in what they can do and police in their actions in enforcing marijuana laws in light of the state Medical Marihuana Act.
“The more courts interpret the statute and make concrete rulings, it becomes easier for people to know when they’re running afoul of the MMA,” he said. “And it provides more guidance for law enforcement.”
Clarification you ask? No kidding. Because it sounds to me like someone who is fully adhering to the medical marijuana law could find him or herself before a judge. It’s a painfully frightening and potentially expensive proposition for a citizen that’s jumping through the necessary hoops to live within the law’s boundaries, without any certainty of protection from the very same law!
(Related: Jury Selection In Marihuana Cases)
Yes, the legal process can be complicated, but that’s why we have a system in place (courts and lawyers and judges) to navigate through it. But if you’re telling me that despite a law’s overwhelming approval at the ballot box, a person has no reassurance they’re in compliance unless or until a significant body of case law is established, then the notion of “the law” is void of meaning.
If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Read more: http://www.mlive.com/news/detroit/index.ssf/2011/10/macomb_judges_ruling_makes_med.html
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of theMichigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
