People Vs. Ted Anderson (Sec 8 Defense)

[legacy]

Mods, you can delete if this is old news. i didn't see it anywhere.

 

http://coa.courts.mi...300641o.opn.pdf

 

To legal professionals,

• can you summarize this document for normal people to understand?
  
• it sounds to me that it's saying that a defendant doesn't have to meet sec4 in order to submit a sec8 defense. is that correct?
  
• does it say anything else?
  
• was this ruling beneficial for the mmma?
  

[AmishRnot4ganja]

I am not a legal professional, but from what I have read it appears that the Appeals Court has remanded the case back to the original court because the original court erred when it denied Anderson a jury trial. Anderson's evidence will be reviewed by the original court and, if the court doesn't dismiss the case under section 8, the case will go to a jury to decide. Sounds like a very interesting case.

[Fat Freddy]

In a nut shell The court upheld Anderson position and sent the case back to the sentencing court with the instruction that he is entitled to the sec 8 defense

 

Bottom line: case dismissed!.

[AmishRnot4ganja]

I didn't notice anything saying the case was dismissed? They said that he can explain to a jury why he had more than the legal limit. He contends that the law says he can have an amount needed to ensure a continuous supply. He now gets to explain to a jury why he had in excess of 2.5 oz. His doctor explained to the prosecutor why he needed the extra amount, but (no surprise here) the prosecutor dismissed the doctors testimony and continued with the persecution denying the defendant the ability to use the Medical Marijuana defense - an act the Appeals Court said was not kosher.

[Fat Freddy]

I am referring to the choice that the sentencing court has now. The prosecutor can nit pick and the defense can merely say to the judge that stems do not count. If the judge agrees the prosecution will be required to remove all stems and reweigh everything in question. There is the possibility that the question of what constitutes a continuous supply and what constitutes usable meds going to the Sct. This being a very sticky situation for both parties; a good out at this time is dismissal.

Edited September 23, 2012 by Fat Freddy