Judge Allows Medical Defense In Dispensary Case

[BirdHunter]

A Circuit judge denied the prosecutor’s motion precluding four people from mentioning medical marijuana at their upcoming trial.

 

Judge Michael P. Hatty also denied this morning the defense’s motion to dismiss the felony charges lodged against four people in connection with raids on the now-defunct Marshall Alternatives medical marijuana dispensary in Handy Township.

 

Hatty said the four defendants are not entitled to immunity under the Michigan Medical Marihuana Act.

 

Link to Story

[Timmahh]

atleast the judge seems to be somewhat fairly excersizing his judicial prudence.

 

 

I dont agree the case should not be thrown out, but fully agree they have the right to say they are Medical Patients and Caregivers as part of our MMM Program authorized by the 2008 MMM Act.

[kruztydj]

Atleast he has that part right.

[lawyercaregiver]

the judge did grant the defense's request for hearings on whether entrapment was used by police and the government as well as whether the defendants can use the affirmative defense.

 

Those hearings are scheduled for May 18 and May 23, respectively.

 

It is crucial they be allowed to assert the affirmative defense. This is not a piece of the pie- this is the entire meal. In fact it is the whole darn kitchen, the sink, and the entire structure- the American way of life.

 

May 18 and May 23 is a big one folks.

[bobandtorey]

It is crucial they be allowed to assert the affirmative defense. This is not a piece of the pie- this is the entire meal. In fact it is the whole darn kitchen, the sink, and the entire structure- the American way of life.

 

May 18 and May 23 is a big one folks.

 

i hope to be their and yes this is a big case but so far no one has be able to use the A.D even after the C.O.A said we could we can't us the Law in the court room this has to change or no one will win with or with-out a card thats why it is so important that we fill the court room because we can't win if we don't show up and Imho and support these people Lansing is a good place to have a protest but the court room is a better place

[bobandtorey]

i hope to be their and yes this is a big case but so far no one has be able to use the A.D even after the C.O.A said we could we can't us the Law in the court room this has to change or no one will win with or with-out a card thats why it is so important that we fill the court room because we can't win if we don't show up and Imho and support these people Lansing is a good place to have a protest but the court room is a better place

 

http://co.livingston.mi.us/districtcourt/default.asp

[AgainstOppression]

atleast the judge seems to be somewhat fairly excersizing his judicial prudence.

 

 

I dont agree the case should not be thrown out, but fully agree they have the right to say they are Medical Patients and Caregivers as part of our MMM Program authorized by the 2008 MMM Act.

[AgainstOppression]

Thank You..

[Murph]

This is the case WE (all of us) need to get behind AND MAKE SURE THEY HAVE THE BEST DEFENSE POSSIBLE as if it turns out bad, and has to be appealed, it will be a case that COULD change things as far as appeallate law goes. Someone PLEASE ask the Defendants (through someone as they should not post) to keep us appraised. It is important. And if someone who knows then wants to start fund raising, even better.

 

M

[bobandtorey]

no one is going to be able to sell marihuana imho you can't even grow it here in this state any way

[pic book]

thankx for the map, does anyone know the date and time to show up for court?

[bobandtorey]

thankx for the map, does anyone know the date and time to show up for court?

 

 

The criminal case against four people associated with a now-defunct Handy Township medical marijuana dispensary has been put on hold pending a Michigan Supreme Court decision.

 

 

Meanwhile, the defendants, including Marshall Alternatives owners Christi Marshall and Alan Marshall, are seeking to have their bond conditions changed. A hearing on that motion will be April 26 before Circuit Judge Michael P. Hatty.

 

 

The case was placed on hold while the Supreme Court hears arguments on a similar case, State v. McQueen, in which the Isabella County prosecutor wants the courts to declare medical marijuana dispensary Compassionate Apothecary a nuisance and close it.

 

 

The Isabella Circuit Court denied the request, and the prosecutor appealed. The Michigan Court of Appeals in August reversed the lower court's ruling and held that the Michigan Medical Marihuana Act does not allow for the sale of marijuana

 

.

The Michigan Supreme Court has granted Compassionate Apothecary's application to appeal the decision.

The court's decision could affect

 

 

how and whether the Livingston County case against Marshall Alternatives would proceed.

An attorney for Christi Marshall, 39, will ask Hatty to change her client's bond to allow the defendant to use marijuana for medicinal purposes,

 

according to court documents. Christi Marshall is allergic to narcotics and suffers severe effects from using traditional medications, court documents noted.

 

 

Court records show Alan Marshall,

39 along with co-defendants Stephanie Lynn Baxter and April Sundie Smith also are seeking bond changes, but the nature of the request was not immediately known.

 

 

The Marshall couple and Baxter, 30, of Howell, were charged with delivering marijuana for allegedly selling the drug to an undercover narcotics officer who posed as a card-carrying medical marijuana patient in February 2011 and in May.

Smith, 44, of Pinckney, also is charged with possession of marijuana with intent to deliver in connection to the Marshall Alternatives raids.

 

 

Apr. 19, 2012

http://www.livingsto...D=2012204190314

Edited April 24, 2012 by bobandtorey

[trix]

It's a spiderweb of cases man wth...

 

when this case is done we'll decide on this case and no they are wrong lets re-do this case blah blah blah

 

This stuff is getting so old, making me nuts seeing regular folks having to surrender everything just for the courts to fight amonst each other.

 

Good luck getting out of the Judge's tinkle test mandates, They love to play the FED card when it comes to marijuana.

 

They had me dropping 2-3x's a week for only marijuana per the Judge. The P.O over my case during court, requested to the Judge for testing 1x a week if I was only being tested for Marijuana since it was of no point as it says in your system longer that a judgment of 2-3x's. Judge didn't care

 

Trix

[Celliach]

Who's the defending attorney, anyone know?

[jamieuke]

Matt Newburg of Newburg Law and Mary Chartier of Chartier and Alan, are the attorneys. They are also the attorneys representing the defendants in People v McQueen in the Supreme Court.

 

I am happy for the stay. However, I attended some of the hearings and I got the impression that the Judge was interested in hearing the entrapment argument. There are other interesting aspects to this case, as well, that we will have to wait on, but I'm happy for the defendants that they have a little pressure off for a while, at least.

 

 

[pic book]

Stayed. ..guess I'll wait on using the map.

[bobandtorey]

The criminal case against four people associated with a now-defunct Handy Township medical marijuana dispensary has been put on hold pending a Michigan Supreme Court decision. Meanwhile, the defendants, including Marshall Alternatives owners Christi Marshall and Alan Marshall, are seeking to have their bond conditions changed. A hearing on that motion will be April 26 before Circuit Judge Michael P. Hatty. The case was placed on hold while the Supreme Court hears arguments on a similar case, State v. McQueen, in which the Isabella County prosecutor wants the courts to declare medical marijuana dispensary Compassionate Apothecary a nuisance and close it. The Isabella Circuit Court denied the request, and the prosecutor appealed. The Michigan Court of Appeals in August reversed the lower court's ruling and held that the Michigan Medical Marihuana Act does not allow for the sale of marijuana . The Michigan Supreme Court has granted Compassionate Apothecary's application to appeal the decision. The court's decision could affect how and whether the Livingston County case against Marshall Alternatives would proceed. An attorney for Christi Marshall, 39, will ask Hatty to change her client's bond to allow the defendant to use marijuana for medicinal purposes, according to court documents. Christi Marshall is allergic to narcotics and suffers severe effects from using traditional medications, court documents noted. Court records show Alan Marshall, 39 along with co-defendants Stephanie Lynn Baxter and April Sundie Smith also are seeking bond changes, but the nature of the request was not immediately known. The Marshall couple and Baxter, 30, of Howell, were charged with delivering marijuana for allegedly selling the drug to an undercover narcotics officer who posed as a card-carrying medical marijuana patient in February 2011 and in May. Smith, 44, of Pinckney, also is charged with possession of marijuana with intent to deliver in connection to the Marshall Alternatives raids. Apr. 19, 2012 http://www.livingsto...D=2012204190314

[lawyercaregiver]

Can we have a follow up? What happened- let me just guess they pled out.

[bobandtorey]

Am no Lawyer but sometimes play one on here so

 

Their has not been any one or any cases that have been in court that have been allowed to say the word medical marijuana to a jury YET

 

We our going to be the first to do it but we have not been given the OK yet

I think it will happen with us

But we may have to Waite till 2016 to do it so we still have a long way to go

 

If you have not already given to the MMMA please do so we need people like you

 

Thank you Sri

[t-pain]

Can we have a follow up? What happened- let me just guess they pled out.

 

it may still be in circuit court, awaiting mcqueen ruling.

cant access court records in livingston county without birthdates and paying for access.

[BirdHunter]

Stayed pending McQueen is what I read a while back.

[bobandtorey]

No one should be locked up for any marijuana

 

With that said the SC will never allow any one to sell to just anyone other then their 5 IMHO

[GregS]

Section 8 defenses may well become so ubiquitous to discourage prosecutors and judges from bringing cases at all if a defendant can flash a Doctors' rec.

[Dr. Bob]

The key to a Section 8 defense is having your ducks in a row and a doc that does well on the stand. The more they (the prosecutors) lose, the fewer of these cases they will try to fight. This is the hand to hand stage of the fight, have to win every case for awhile to discourage them.

 

Dr. Bob

[Restorium2]

You will still have to prove all the things you have to prove to get a card to be protected by section 8. You will have to either prove them to a prosecutor or judge. That's not going away. A bare doctors rec will never be the bar because there are too many fake doctors out there and people with copy machines. That's why we buy the card.

Edited January 12, 2013 by Restorium2