Eric L. VanDussen Posted January 18, 2011 Report Share Posted January 18, 2011 January 18, 2011 - http://macombdaily.com/articles/2011/01/18/news/srv0000010665478.txt?viewmode=default By Carol Hopkins - For The Macomb Daily A case involving medical marijuana found in a barn has been dismissed in Genesee County. The case of Chason William-Gregory Pointer of Clarkston began when an Oakland County Narcotics Enforcement Team arrested Pointer in October 2009. Officers found marijuana and growing equipment in Pointer's barn in Genesee County. Pointer was charged with unlawful manufacture of marijuana contrary to the Medical Marijuana Act. The Oakland County Sheriff's Office was closed Monday for the Martin Luther King Jr. holiday. Genesee Circuit Judge Geoffrey Neithercut dismissed the case against Pointer, who had a state medical marijuana card on Jan. 14, saying the prosecutors failed to show evidence that Pointer had more than 2.5 ounces of usable marijuana. The court's opinion indicated that instead of presenting the marijuana in its "processed and usable form, the Prosecutor brought in a very large quantity of unprocessed marijuana well in excess of 2.5 ounces, and said a jury could infer a percentage of usable material." Neithercut said, "There was no need of the jury to infer the weight of usable (marijuana). The prosecutor and law enforcement had the unprocessed marijuana and could have processed it down to a useable form ... and presented that as evidence." He continued, "(The) Prosecutor made a tactical decision to sway the jury with large bags of unprocessed and legally meaningless marijuana refuse instead." Quote Link to comment Share on other sites More sharing options...
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