After Supreme Court Decision, Auburn Hills Medical Marijuana User Withdraws Plea

[AlternativeSolutionsPlus]

June 14, 2012

By ANN ZANIEWSKI

ann.zaniewski@oakpress.com; Twitter: @OPCourtReporter

 

On the heels of a Michigan Supreme Court ruling, a medical marijuana user from Auburn Hills is thrilled that a judge let him withdraw his guilty plea to a drug charge.

 

Mark Rowe, 45, was charged with manufacturing marijuana after police found and confiscated 12 marijuana plants growing in a garden outside of his home. Rowe had a valid medical marijuana card and was within the limit of the number of plants allowed per patient, but police said at the time that the plants were not in an enclosed and locked facility, as is required by the state’s medical marijuana law.

 

Rowe, who uses marijuana because he has tarsal tunnel syndrome, maintained that his garden was fenced, padlocked and secured.

 

He said prosecutors argued, and a judge ultimately agreed, that he could not assert an affirmative defense in court under the Michigan Medical Marihuana Act because his marijuana plants were not in an enclosed, locked facility.

 

 

“I wasn’t allowed to mention medical marijuana or say I was a medical marijuana patient,” based on the judge’s ruling on the issue, Rowe said.

 

Late last October, Rowe pled guilty in the case before Oakland Circuit Judge Phyllis McMillen. In December, he was ordered to pay a $50 fine, as well as other fees and costs, and had his driver’s license suspended for 30 days and then restricted for five months.

 

Rowe’s case is similar to the one involving Owosso resident Larry King, who was charged with manufacturing marijuana after police found six marijuana plants in a padlocked, outdoor kennel and six more plants inside his home.

 

In circuit court, King asked for the charge to be dismissed because he had established the elements of an affirmative defense under a section of the Michigan Medical Marihuana Act. Prosecutors said he failed to comply with another section of the act by not keeping his marijuana in an “enclosed, locked facility,” and therefore he could not establish an affirmative defense.

 

A circuit court judge disagreed with prosecutors and dismissed the case. The Michigan Court of Appeals reversed that decision and concluded that because King failed to keep his plants in an enclosed, locked facility, he had not complied with the act and failed to meet the requirements of an affirmative defense.

 

But in a recent ruling, the Michigan Supreme Court reversed the Court of Appeals decision in King’s case.

 

That was good news for Rowe, who said that as part of the plea agreement in his case, the judge said if the King case was overturned within six months, he would have the option to withdraw his plea. The King decision came just as that window of time was about to expire.

 

On Wednesday, McMillen granted Rowe’s request to withdraw his plea.

 

“I couldn’t have been happier,” Rowe said.

 

A pre-trial hearing has been scheduled for June 28.

 

Contact staff writer Ann Zaniewski at 248-745-4628 or ann.zaniewski@oakpress.com. Follow her on Twitter @OPCourtReporter.

Edited June 14, 2012 by AlternativeSolutionsPlus

[Shredder]

Great news, and once again, thanks Supremes!

[knucklehead bob]

A pre-trial hearing has been scheduled for June 28........................................... Anyone know what time ?

[Kingpinn]

Glad to see someone getting benefit from this ruling . Kinda takes the sting out of my ordeal

[Kingdiamond]

In the immortal words of Nelson Muntz

 

 

HA HA Oakland county !

[budpuffer]

it at least looks like the supreme court is getting the will of the people out to LEO,,,good news for us,,bp

[ilynnboy]

Yes it is nice that the Supreme court knows and understood Plain English!!

Too bad all those overzealous cops, prosecutors and lower court judges Couldn't or Refused to believe and understand Plain English.

Thanks for not giving up Kingpinn, your struggles Will Help Many People.

Thank You.

And don't you just love how the Supreme court spelled it out for Everyone.

Nice to see that they understand the Power of a Citizen initiated law.

These are to be upheld Above All laws initiated by the legislature as they were Formed By We The People.

Thanks again Mr. King.

Jah Bless

Ilynnboy

 

 

[Ms Chocolate]

Tarsal tunnel syndrome is a covered condition?

 

Adding this to the list.

[Shredder]

Tarsal tunnel syndrome is a covered condition?

 

Adding this to the list.

 

I would think it fits under chronic pain......