Oakland County Judge Denies Defendants Use Of Medical Marijuana

[+EdwardGlen]

I guess the type of medication we use determines if we suffer all day. I bet the judge would do this even if experimental cancer drugs were being used.

 

 

 

http://detnews.com/article/20100901/METRO02/9010364/1409/rss36

 

 

Mike Martindale / The Detroit News

 

Waterford Township -- A judge refused Tuesday to modify the bonds of 10 people arrested last week, a move that would have allowed them to use medical marijuana while they wait for their cases to proceed through the legal system.

 

The defendants, who appeared in 51st District Court, face felony charges that carry up to four years in prison. Most of the defendants claim they use marijuana to alleviate serious illnesses and pain, but Judge Richard Kuhn Jr. was unmoved.

 

"I'm going to deny the motion to modify bond," said Kuhn, drawing groans within the packed courtroom.

 

 

 

Outside, a group of about 30 people gathered before the hearing to support the defendants and protest the law enforcement crackdown on medical marijuana businesses. Some wore yellow T-shirts with the words "This is Michigan Not a Cheech and Chong Movie," a reference to remarks last week by Oakland County Sheriff Michael Bouchard.

 

Last week, authorities raided two Waterford Township businesses and a Ferndale clinic for alleged violations of state medical marijuana law.

 

The medical marijuana law, approved by state voters in 2008, permits people who have obtained physician referrals and a state-issued card to legally use marijuana.

 

Kuhn adjourned Tuesday's hearing until Oct. 7 and 19. The charges involve illegal manufacture, sale, possession and use of marijuana found in raids of Everybody's Café, a restaurant on Airport Road, and Herbal Remedies, a marijuana dispensary on Williams Lake Road.

 

Those charged include William J. Teichman, 50, and wife, Candace, 45, owners of Everybody's Café. William Teichman faces charges of manufacture, delivery and sale of marijuana and a firearms offense. In an interview this week, he called the raids "nothing but entrapment."

[Michael_H]

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

"DO NOT APPLY TO THE MEDICAL USE OF MARIHAUNA AS PROVIDED FOR THIS ACT"

 

 

How the hell is this judge getting away with this and what are these peoples lawyers doing for them? Anything?!

There is no difference in him denying them mmj than there would be if the judge said that vicodin or other opiates could not be used during the course of a trial that you are supposed to be innocent until proven guilty. Seems pretty cruel and unusual to take someone's medicine away. They are not in federal court, its state court, which should follow state rules. This is such BS.

[DT61]

This is exactly where our support comes in.

The lawyers are going to have an opportunity to present a case to show cause as to why they should be allowed to medicate.

Your personal testimony sent to the judge - ASAP - I mean right away may be of some help.

 

This is a critical point of law - and our personal civil right to choose and use medication - are at stake here - make no assumptions and help.

[DT61]

No one?