Lansing Judge Dismisses Medical Marijuana Case

[Zerocool]

A Lansing judge has thrown out all charges filed by the state Attorney General’s office against four employees of two medical marijuana facilities, saying they were following a law that “screams for ... clarification.”

 

In a 19-page opinion issued last week dismissing felony drug-dealing charges against the employees of two HydroWorld locations in Lansing, 54A District Court Judge Hugh Clarke Jr. said that the state’s medical marijuana law “screams for legislative clarification in numerous areas.”

 

“Absent that clarification,” Clarke said in the opinion, “this court concludes that the transactions that took place here were undertaken in accordance with the (law).”

 

The case surrounded multiple purchases of marijuana last year by four undercover police officers at HydroWorld locations on South Martin Luther King Jr. Boulevard and West Barnes Street.

 

They bought about 1/8-ounce of marijuana each time.

 

The Attorney General’s office filed charges against the employees, saying that the undercover officers were able to purchase marijuana even though they didn’t have state-issued medical marijuana cards.

 

The officers, according to testimony, filled out applications for the ID cards and a doctor — without ever seeing the officers — approved them.

 

Clarke said that, based on a recent Michigan Supreme Court ruling, certification by a doctor “is sufficient to allow medicinal (marijuana) if, for whatever reason, the qualifying patient has not obtained a registry card.”

 

Clarke further said that no “sale” of marijuana had taken place. In order to have marijuana for medical purposes, someone has to deliver it, he said. The defendants — Zebediah Dewey, 32, Daniel Corbin, 46, Rick Gouin, 30, and Michael Lewis Jr., 35 — were engaged, Clarke said, in the “medical use” of marijuana as defined under the law, “which includes delivery and acquisition of (marijuana) for those medicinal purposes under the statute.”

 

Joy Yearout, a spokeswoman for the Attorney General’s office, declined to comment on Clarke’s ruling.

 

“We are reviewing our options regarding a possible appeal,” she said.

 

Civil lawsuits filed last year by Attorney General Bill Schuette seeking to close three HydroWorld locations, two in Lansing and one in Jackson, are still pending.

 

They are not related to this case.

 

HydroWorld’s owner, Danny Trevino, sees Clarke’s ruling as a victory against an overzealous attorney general.

 

“People are in favor of medical marijuana,” Trevino said, referring to the statewide vote in 2008 that approved the law by a wide margin. “The stuff is legal now. ... It’s not going anywhere.”

 

Trevino said that when he first opened, the state inspected how his business operates and told him he wasn’t violating the law.

 

“It’s not the state that makes you legal, it’s the doctor,” he said, adding: “I’m more than 100 percent confident that if we went to trial, we would have won.”

 

[peanutbutter]

yep ..

[peanutbutter]

"Clarke further said that no “sale” of marijuana had taken place. In order to have marijuana for medical purposes, someone has to deliver it, he said. The defendants — Zebediah Dewey, 32, Daniel Corbin, 46, Rick Gouin, 30, and Michael Lewis Jr., 35 — were engaged, Clarke said, in the “medical use” of marijuana as defined under the law, “which includes delivery and acquisition of (marijuana) for those medicinal purposes under the statute.”"

[bobandtorey]

And we will here the same kind of news from us one day soon

[Restorium2]

SECTION 8:

Clarke said that, based on a recent Michigan Supreme Court ruling, certification by a doctor “is sufficient to allow medicinal (marijuana) if, for whatever reason, the qualifying patient has not obtained a registry card.”

 

and

 

MEDICAL USE:

Clarke further said that no “sale” of marijuana had taken place. In order to have marijuana for medical purposes, someone has to deliver it, he said. The defendants — Zebediah Dewey, 32, Daniel Corbin, 46, Rick Gouin, 30, and Michael Lewis Jr., 35 — were engaged, Clarke said, in the “medical use” of marijuana as defined under the law, “which includes delivery and acquisition of (marijuana) for those medicinal purposes under the statute.”

 

Excellent job Danny.

[cristinew]

Lets Hope so Bob

[peanutbutter]

Excellent job Danny.

 

THANK YOU!!

[ilynnboy]

Nice ruling.

Hopefully it will make prosecutors rethink charges against patients and caregivers.

One can hope.

 

[Restorium2]

The SC will have to address these protection now. No fudging around. Section 8(seen a doctor but no card) and medical use to cover sales, are the most broad protections in the law.

 

Keep in mind here that there were NO connections through the registry. What say you SC?

[cristinew]

Its a District Court Ruling ,,, The Judge in the next county over could produce a total different result,,,

 

Just Hope the SC will say the same and hurry up too many are going to jail now

Edited November 28, 2012 by cristinew

[Restorium2]

Joy Yearout, a spokeswoman for the Attorney General’s office, declined to comment on Clarke’s ruling.

 

“We are reviewing our options regarding a possible appeal,” she said.

 

COA here we come. Schuette on duty.

[shishka]

Its a District Court Ruling ,,, The Judge in the next county over could produce a total different result,,,

 

Just Hope the SC will say the same and hurry up too many are going to jail now

 

Yes, know your county. This probably wouldn't have happened in Oakland.

[Herb Cannabis]

A Lansing judge has thrown out all charges filed by the state Attorney General’s office against four employees of two medical marijuana facilities, saying they were following a law that “screams for ... clarification.”

 

In a 19-page opinion issued last week dismissing felony drug-dealing charges against the employees of two HydroWorld locations in Lansing, 54A District Court Judge Hugh Clarke Jr. said that the state’s medical marijuana law “screams for legislative clarification in numerous areas.”

 

“Absent that clarification,” Clarke said in the opinion, “this court concludes that the transactions that took place here were undertaken in accordance with the (law).”

 

The case surrounded multiple purchases of marijuana last year by four undercover police officers at HydroWorld locations on South Martin Luther King Jr. Boulevard and West Barnes Street.

 

They bought about 1/8-ounce of marijuana each time.

 

The Attorney General’s office filed charges against the employees, saying that the undercover officers were able to purchase marijuana even though they didn’t have state-issued medical marijuana cards.

 

The officers, according to testimony, filled out applications for the ID cards and a doctor — without ever seeing the officers — approved them.

 

Clarke said that, based on a recent Michigan Supreme Court ruling, certification by a doctor “is sufficient to allow medicinal (marijuana) if, for whatever reason, the qualifying patient has not obtained a registry card.”

 

Clarke further said that no “sale” of marijuana had taken place. In order to have marijuana for medical purposes, someone has to deliver it, he said. The defendants — Zebediah Dewey, 32, Daniel Corbin, 46, Rick Gouin, 30, and Michael Lewis Jr., 35 — were engaged, Clarke said, in the “medical use” of marijuana as defined under the law, “which includes delivery and acquisition of (marijuana) for those medicinal purposes under the statute.”

 

Joy Yearout, a spokeswoman for the Attorney General’s office, declined to comment on Clarke’s ruling.

 

“We are reviewing our options regarding a possible appeal,” she said.

 

Civil lawsuits filed last year by Attorney General Bill Schuette seeking to close three HydroWorld locations, two in Lansing and one in Jackson, are still pending.

 

They are not related to this case.

 

HydroWorld’s owner, Danny Trevino, sees Clarke’s ruling as a victory against an overzealous attorney general.

 

“People are in favor of medical marijuana,” Trevino said, referring to the statewide vote in 2008 that approved the law by a wide margin. “The stuff is legal now. ... It’s not going anywhere.”

 

Trevino said that when he first opened, the state inspected how his business operates and told him he wasn’t violating the law.

 

“It’s not the state that makes you legal, it’s the doctor,” he said, adding: “I’m more than 100 percent confident that if we went to trial, we would have won.”

 

Is there a link to this story? Was it published? I'd like to show this to my attorney.

[peanutbutter]

http://www.lansingstatejournal.com/article/20121128/NEWS01/311280013/1002/NEWS01?nclick_check=1

[Zerocool]

 

 

Is there a link to this story? Was it published? I'd like to show this to my attorney.

 

 

http://www.lansingstatejournal.com/article/20121128/NEWS01/311280013/1002/NEWS01

[Herb Cannabis]

Thank you for the link, it has been copied and sent to my attorney.

[bobandtorey]

And I agree it's at the lower court so it won't help here in Oakland county YET

But when we win our case and we will their will be a shot heard around the State

[Highlander]

Wow. That's great news. I hope the SC is paying attention. I predicted 20:1 odds against p2p sales last week.

 

New odds are 4:1

[CaveatLector]

Wow. That's great news. I hope the SC is paying attention. I predicted 20:1 odds against p2p sales last week.

 

New odds are 4:1

This case doesn't affect the odds. This is one district ct judge with no power to set any precedent. His opinion is of no consequence to the supremes. Furthermore, this judge was a high profile defense atty 2 years ago, before being appointed to his position by Granholm. That, and the AG tried to have Clarke removed from the bench. You think Clarke is still sore over that? Edited November 28, 2012 by CaveatLector

[Highlander]

This case doesn't affect the odds. This is one district ct judge with no power to set any precedent. His opinion is of no consequence to the supremes. Furthermore, this judge was a high profile defense atty 2 years ago, before being appointed to his position by Granholm. That, and the AG tried to have Clarke removed form the bench. You think Clarke is still sore over that?

 

Better get in on the 4:1 before I wise up.

[Restorium2]

Better get in on the 4:1 before I wise up.

That's what I was thinking.

[t-pain]

cops with real mmj cards?

1:1 odds they used those cards to obtain and use marijuana off-duty.

 

great judge. i guess he must be one of those 'activist judges' who follows the supreme court ruling!

 

no appeal filed = they already called the CoA and the CoA told them to flower off.

'looking at options' = they are calling feds and getting nowhere.

[cristinew]

This is Just a District Court Judge,,, it has NO effect on any other cases NONE <<<<<<<< and i am sure the PA BS will appeal. as he has the right to as much as you or me,.,

 

'activist judges' who follows the supreme court ruling!???????

 

did we have a supreme court ruling on transfers??

[+Malamute]

This would go to circuit court before COA likely.

 

 

 

Michigan Trial Courts

 

 

Michigan has three trial courts - circuit, district, and probate. See Administration for information about the operations, policy, and procedures of the trial courts.

 

 

Circuit Court

 

The circuit court is the trial court with the broadest powers in Michigan. In general, the circuit court handles all civil cases with claims of more than $25,000 and all felony criminal cases (cases where the accused, if found guilty, could be sent to prison). The family division of circuit court handles all cases regarding divorce, paternity, adoptions, personal protection actions, emancipation of minors, treatment and testing of infectious disease, safe delivery of newborns, name changes, juvenile offenses and delinquency, juvenile guardianship, and child abuse and neglect. In addition, the circuit court hears cases appealed from the other trial courts or from administrative agencies. The friend of the court office is part of the family division of the circuit court and handles domestic relations cases where minor children are involved.

 

In addition, there is a Court of Claims for filing cases against the State of Michigan in which a claim for money damages is made. The Court of Claims is part of the 30th Circuit Court and is located in Ingham County. The Court of Claims is a specialized court that handles only claims over $1,000 filed against the State of Michigan or one of its departments.

 

There are 57 circuit courts in Michigan. Circuit court judges are elected for six-year terms.

 

District Court

 

The district court is often called the people's court. More people have contact with the district court than any other court. The district court handles most traffic violations, all civil cases with claims up to $25,000, landlord-tenant matters, most traffic tickets, and all misdemeanor criminal cases (generally, cases where the accused, if found guilty, cannot be sentenced to more than one year in jail). In addition, small claims cases are heard by a division of the district court. In Michigan, a few municipalities have chosen to retain a municipal court rather than create a district court. The municipal courts have limited powers and are located in Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, and Grosse Point Shores/Grosse Pointe Woods.

 

There are approximately 100 district courts in Michigan. District court judges are elected for six-year terms.

 

 

Probate Court

 

The probate court handles wills, administers estates and trusts, appoints guardians and conservators, and orders treatment for mentally ill and developmentally disabled persons.

 

 

There are 79 probate courts in Michigan; probate judges are elected for six-year terms.

Edited November 28, 2012 by Malamute

[t-pain]

i meant follow king/kolanek.

 

transfers are legal according to the law.

anyone who says elsewise is trying to protect thier business model.