Prosecutors drop marijuana charges against Michigan mom

Prosecutors drop marijuana charges against Michigan mom

Aug 5, 2015 – After a year long battle,  Michigan Attorney Michael Komorn and his staff have chalked up another positive conclusion for a client caught up in the medical marijuana and forfeiture debacle.

Some may consider it  a win, but this slow ruination of a family like so many other Michiganders… should most likely have never occurred.

What’s left to do after this… is to put the shattered pieces back together, emotionally, physically and financially. Then hope the children can go on and forget this ever happened.

The story’s beginning of the end starts here… Read on and you will find out how it began.

 

The Beginning of the End:  Prosecutors drop marijuana charges against Michigan mom.

 

Prosecutors have dropped marijuana charges and will return items seized from a woman in the wake of a Michigan Supreme Court ruling last week.

“I’m elated that this part is over,” said Ginnifer Hency. “…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 Supreme Court ruling last week clarified when caregivers and users can use their medical marijuana certification as a defense or immunity if charged with a marijuana-related crime. It was the court’s ninth medical marijuana ruling since voters approved the Michigan Medical Marijuana Act in 2008.

“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.

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

The Free Press in February reported that police seized more than $24 million in assets from Michiganders in 2013. In many cases the citizens were never charged but lost their property anyway.

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 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.

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

Hency’s lawyer, Michael Komorn hailed 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.

Hency said authorities seized several items, including a Chevy Impala, two iPhones, an iPad and a ladder, when they raided her home in 2014. The mother of four, who has multiple sclerosis, told Forbes Magazine that they even took her sex toy.

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.

From the beginning of the end to when it started

(you should start at the bottom and work your way back up to here)

Prosecutors drop marijuana charges against Michigan woman

Detroit Free Press-2 hours ago

“I’m elated that this part is over,” said Ginnifer Hency. “…It’s been a long … Komorn said Hency was arrested and her home raided in July 2014.

Michigan’s forfeiture laws must change to protect the innocent

MLive.com-Jul 27, 2015

Ginnifer Hency, a medical marijuana patient and caregiver, testifies to the Michigan House Judiciary Committee about her experience with civil …

Ginnifer Hency: Police Raid Mom Of 4 With MS, Seize Everything

The Inquisitr-May 30, 2015

As a mom of four kids, who also must cope with the debilitating disease multiple sclerosis, Ginnifer Hency had enough to deal with in her life …

‘Why take my vibrator?’: Michigan cops legally rob ‘every belonging Raw Story-May 31, 2015

Explore in depth (34 more articles)

4.    Michigan police raid Ginnifer Hency’s home accusing her of being a

Daily Mail-Jun 5, 2015

Ginnifer Hency, 56, suffers from multiple sclerosis, a disease which causes her immune system to attack and destroy healthy nerve cells, and is …

Sex Toy at Center of Michigan Civil Forfeiture Debate Patch.com-Jun 4, 2015

Explore in depth (53 more articles)

5.    Detroit police seize woman’s car and cash without ever accusing her

WXYZ-Jul 8, 2015

… back in May, the House Judiciary Committee heard testimony from other victims of what Irwin calls forfeiture abuse, including Ginnifer Hency.

6.    Why armed drug cops took ‘every belonging’ from a Michigan soccer

Washington Post (blog)-Jun 3, 2015

Just ask Ginnifer Hency. Like Annette Shattuck, Hency is a self-described “soccer mom” and a registered medical marijuana caregiver.

Vibrator taken during marijuana police raid, says woman MyFox Chicago-Jun 3, 2015

Explore in depth (3 more articles)

7.    VIDEO: Michigan Cops Raid Medical Marijuana Patient, Legally Rob

Mintpress News (blog)-Jun 1, 2015

Raw Story reports — Medical marijuana user Ginnifer Hency told a group of … Forbes contributor Jacob Sullum reported last week that Hency …

Armed Robbers With Badges: ‘They Took Everything’ Reason (blog)-Jun 1, 2015

8.    Mich. women testify on asset forfeiture before state legislature panel

Washington Post-Jun 1, 2015

June 1, 2015 10:36 AM EDT – Ginnifer Hency and Annette Shattuck, two mothers who are registered medical marijuana caregivers, testified on …

Vibrator taken during marijuana police raid, says woman

MyFOXPhilly.com-Jun 2, 2015

DETROIT (FOX 2 WJBK)- Ginnifer Hency says that police raid led investigators to seize a couple of guns, a small amount of cash and cell …

Medical Marijuana Patient Protests After House Raided, Vibrator CBS Local-Jun 1, 2015

Armed Robbers With Badges: ‘They Took Everything’ Reason (blog)-Jun 1, 2015

VIDEO: Michigan Cops Raid Medical Marijuana Patient, Legally Rob Mintpress News (blog)-Jun 1, 2015

Michigan Soccer Moms Medical Marijuana Raid Goes International

Michigan Soccer Moms Medical Marijuana Raid Goes International

dailymailcom_sml

 

 

Armed police raid home of mom-of-four with MS and accuse her of being a drug dealer even though she could legally grow it 

  • Ginnifer Hency is allowed drug under Michigan’s medical marijuana laws
  • She suffers from multiple sclerosis and is allowed to grow and distribute 
  • Claims officers took daughter’s birthday money and seized family car

By Kate Pickles For Mailonline

Published: 04:55 EST, 5 June 2015 | Updated: 13:18 EST, 5 June 2015

 

Armed police raided a woman’s home and seized everything from a lawnmower to her daughter’s birthday money – because she was growing legal medical marijuana.

 

Ginnifer Hency, 56, suffers from multiple sclerosis, a disease which causes her immune system to attack and destroy healthy nerve cells, and is allowed to grown and use the drug under Michigan’s medical marijuana law.

 

But this did not stop officers of Michigan’s St. Clair County Drug Task Force from raiding her home and taking her children’s bicycles, her husband’s gardening equipment, TV sets, soccer gear and children’s car seats.

 

ginnifer-hency_komorn_law_3

Raided: Ginnifer Hency, speaking at the state’s house of representatives, is allowed to grow marijuana because she suffers from MS. But that did not stop police storming her home and seizing everything from a lawnmower to her daughter’s birthday cash

 

After they breached my door, at gunpoint, with masks they proceeded to take every belonging in my house. And when I say every belonging, I mean every belonging,’ she said.

 

The officers also took credit card statements, tax returns, and the public assistance card she used to help feed her family.

 

Mrs Shattuck testified at the Michigan state House of Representatives, stating that officers hung her lingerie from the ceiling fans as they ransacked her home.

 

She is a registered medical marijuana care giver which allows her to grow a certain quantity of marijuana plants to distribute to a small number of medical marijuana patients.

 

‘I was fully compliant with the Michigan medical marijuana laws,’ she told the Michigan House Judiciary Committee in testimony this week. ‘I am allowed to possess and deliver.’

 

Police suspected she might be selling marijuana to people without a medical marijuana card – something she denies.

 

She initially faced six criminal charges related to marijuana possession and distribution, three of which have since been dismissed by a district court judge, according to court papers.

 

She will later appear in court on the remaining charges.

 

St. Clair County Sheriff Tim Donnellon deny her account of proceedings and claim she is trying to ‘further her cause’ of complete legalization of the drug in the state.

 

Her case has reignited debate over civil forfeiture and drug laws and have raised questions about whether local authorities are appropriately seizing the property of people who are never convicted of a crime.

 

Read more: http://www.dailymail.co.uk/news/article-3112157/Armed-police-raid-home-mom-four-MS-accuse-drug-dealer-legally-grow-it.html#ixzz3cFXG3H1O