Two days ago, the Michigan court of Appeals heard oral arguments for several cases involving registered caregivers who allegedly sold marijuana to undercover police agents posing as certified patients. These highly anticipated cases stem from a 2010 operation which shut down Ferndale dispensary, Clinical Relief.
(watch the oral arguments here)
Tonight on Green Trees Radio we will speak with Stuart Friedman, one of the defense attorneys for People V Clinical Relief. We will discuss the relevance and context of this particular case and how it may effect future litigation.
The defendants, who were accused of running an illegal dispensary, filed a motion to dismiss all charges based on the common law rule of lenity. They argued that at the time of arrest, the Michigan Medical Marijuana Act (MMMA) was ambiguous in regards to patient-to-patient sales of marijuana. The circuit court agreed with the defendants’ claim and dismissed all of the charges. Their case was challenged by the prosecutor and now has made it’s way to the Michigan Court of Appeals.