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Is A St. Joseph County Judge Making His Own Rules?


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From wwmt.com, News Channel 3

http://www.wwmt.com/articles/margin-1377510-style-size.html#slComments

Green card holder arrested for smoking marijuana:

June 8, 2010

 

ST. JOSEPH COUNTY, Mich. (NEWSCHANNEL 3) – He's been cleared to consume medical marijuana, but he got arrested for smoking pot.

Craig Gotshall suffers from two kinds of hepatitis. A doctor prescribed him medical marijuana to control his nausea, but he's currently behind bars.

Three Rivers Police arrested him after he failed a drug test, but Gotshall has a medical marijuana card and a doctor's permission, so why'd he wind up in the back of a cop car?

Newschannel 3 spoke with several prosecutors about Gotshall's case. They all said the legislation concerning medical marijuana is extremely vague and until the law is better defined, stories like Gotshall's will continue to pop up.

Gotshall says he's been arraigned twice in 2010 on drug charges.

“I'm out on bond for possession of marijuana,” said Gotshall.

The strange thing is that Gotshall had a valid medical marijuana card prior to both charges.

“It's my medication,” said Gotshall, “it's what I take. I have hepatitis b and c, it's what I take to help me feel better.”

However, when he faced a judge in St. Joseph County, Gotshall says there was a problem.

“At the time I didn't have my marijuana card and he ordered me not to use marijuana,” said Gotshall. “I dont' think a judge should supersede what a doctor says.”

Newschannel 3 contacted the St. Joseph County prosecutor who said the judge ordering Gotshall not to take his medication is well within his power. Gotshall says he even complied with the judge's order, for a while.

“I didn't use marijuana until I got my card in the mail,” said Gotshall. “When I got my card in the mail I started taking my medication again.”

That may have been fine, but the judge also ordered Gotshall to come to the daily reporting center in Three Rivers to be drug tested weekly.

“That was about five months ago,” said Gotshall, “I've been on bond the whole time and they never tested me for marijuana.”

However, all that changed in June when Gotshall was tested for marijuana, a test he failed. When he showed up to be drug tested on Tuesday night, he was put in handcuffs and taken to jail.

“Here we go,” said Gotshall.

Gotshall was arrested for smoking medicinal marijuana, as prescribed by a doctor, something the State of Michigan has granted him the right to do.

Gotshall says he'll be in jail for at least seven days.

Newschannel 3 called the St. Joseph County clerk, who says one of Gotshall's marijuana charges was dismissed on May 25th, but couldn't tell us why. We also tried to contact the judge who ordered Gotshall not to use his medication, but were unsuccessful in our effort to reach him.

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From wwmt.com, News Channel 3

http://www.wwmt.com/articles/margin-1377510-style-size.html#slComments

Green card holder arrested for smoking marijuana:

June 8, 2010

 

ST. JOSEPH COUNTY, Mich. (NEWSCHANNEL 3) – He's been cleared to consume medical marijuana, but he got arrested for smoking pot.

Craig Gotshall suffers from two kinds of hepatitis. A doctor prescribed him medical marijuana to control his nausea, but he's currently behind bars.

Three Rivers Police arrested him after he failed a drug test, but Gotshall has a medical marijuana card and a doctor's permission, so why'd he wind up in the back of a cop car?

Newschannel 3 spoke with several prosecutors about Gotshall's case. They all said the legislation concerning medical marijuana is extremely vague and until the law is better defined, stories like Gotshall's will continue to pop up.

Gotshall says he's been arraigned twice in 2010 on drug charges.

“I'm out on bond for possession of marijuana,” said Gotshall.

The strange thing is that Gotshall had a valid medical marijuana card prior to both charges.

“It's my medication,” said Gotshall, “it's what I take. I have hepatitis b and c, it's what I take to help me feel better.”

However, when he faced a judge in St. Joseph County, Gotshall says there was a problem.

“At the time I didn't have my marijuana card and he ordered me not to use marijuana,” said Gotshall. “I dont' think a judge should supersede what a doctor says.”

Newschannel 3 contacted the St. Joseph County prosecutor who said the judge ordering Gotshall not to take his medication is well within his power. Gotshall says he even complied with the judge's order, for a while.

“I didn't use marijuana until I got my card in the mail,” said Gotshall. “When I got my card in the mail I started taking my medication again.”

That may have been fine, but the judge also ordered Gotshall to come to the daily reporting center in Three Rivers to be drug tested weekly.

“That was about five months ago,” said Gotshall, “I've been on bond the whole time and they never tested me for marijuana.”

However, all that changed in June when Gotshall was tested for marijuana, a test he failed. When he showed up to be drug tested on Tuesday night, he was put in handcuffs and taken to jail.

“Here we go,” said Gotshall.

Gotshall was arrested for smoking medicinal marijuana, as prescribed by a doctor, something the State of Michigan has granted him the right to do.

Gotshall says he'll be in jail for at least seven days.

Newschannel 3 called the St. Joseph County clerk, who says one of Gotshall's marijuana charges was dismissed on May 25th, but couldn't tell us why. We also tried to contact the judge who ordered Gotshall not to use his medication, but were unsuccessful in our effort to reach him.

Sounds like they realized they messed up and now do not know what to say..

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Some advice for LEO. How about just backing off a little. Remember the old days when you caught the kids with their marijuana and their beer you threw it out & sent them home. And they grew up to respect you. What happened???..... Just Don't want the respect anymore??? Its still your call..............

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Some advice for LEO. How about just backing off a little. Remember the old days when you caught the kids with their marijuana and their beer you threw it out & sent them home. And they grew up to respect you. What happened???..... Just Don't want the respect anymore??? Its still your call..............

 

 

They took his freedom from him heshould be compensated and the court should apologize that simple this is a sad thing to happen to someone with his conditions.

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