Medical Marijuana Battle Fought In County Courtroom

[bobandtorey]

 

 

 

 

 

 

 

 

 

Medical marijuana battle fought in county courtroom

By Dennis Pelham

Daily Telegram Staff Writer

December 16, 2012 1:00 pm

 

ADRIAN

ADRIAN — A legal contest in Lenawee County Circuit Court over Michigan’s medical marijuana rules is to stretch into a third day after two doctor’s failed to appear Friday for a hearing in a Rome Township man’s criminal case.

 

An attorney for Kevin Robert McGrath, 43, is asking the court to dismiss marijuana manufacturing charges brought against him after a police raid of his home on July 15, 2011. The Lenawee County Prosecutor’s Office is asking the court to rule out a medical marijuana defense.

 

A Michigan State Police laboratory report stated 99 plants were seized from McGrath’s home on North Hawkins Highway, said assistant prosecutor Douglas Hartung while questioning McGrath.

 

“I got a good laugh out of that too,” McGrath said. He said he had no more than 60 or 62 actual plants.

 

The number of plants would be legal under Michigan’s medical marijuana law if McGrath’s medical marijuana card and those of five patients he was registered to supply marijuana to are upheld as legitimate.

 

Defense attorney Thomas Lavigne of Detroit questioned McGrath about the amount of marijuana he was growing and processing for himself and five others.

 

“I don’t believe I was beyond reasonable at any time,” McGrath said.

 

Hartung questioned how he defined a reasonable amount without a doctor or some other authority to prescribe a dosage level.

 

McGrath said he relies on advice from other growers and his own experiments to decide how much and what type of marijuana to put in butter he and his patients use in cooking.

 

“Some strains (of marijuana) were so potent you were basically knocked into the couch,” McGrath said.

 

McGrath’s doctor testified she did not have expertise on what dosages are appropriate. She said she signed his application for a state medical marijuana card after his first visit in September 2010, seeking treatment for a condition causing back pain.

 

Two doctors Lavigne had subpoenaed to testify Friday failed to appear.

Judge Margaret M.S. Noe ordered the hearing continued to a later date so their testimony could be included.

 

Noe earlier ruled against hearing testimony from a Detroit man who described himself as a professional marijuana caregiver and consultant. There was no basis presented to qualify Justin Edin as an expert who could give an opinion on whether McGrath was growing a legal amount of marijuana, she said.

http://m.lenconnect.com/article/20121216/NEWS/121219522/1005/NEWS

Edited December 17, 2012 by bobandtorey

[bobandtorey]

Well maybe the new Bills will help him but i dont think it will

He l it may not help anyone

 

Even after 2 1/2 years and a Court of appeals Ruling that has already been said you may use that for a Defense

 

The court will come up with something to deny you The right to tell the truth

[Chauncy Gardner]

If his patient's cards check out OK, the prosecution doesn't have a chance of convicting him. It sounds as though the police just made up the plant count of 99 out of thin air. If they can't prove he had that many plants it won't hold up in front of a jury. It is pretty obvious that the "justice" system doesn't want this guy to have a jury trial and end up looking like fools.

[bobandtorey]

If his patient's cards check out OK, the prosecution doesn't have a chance of convicting him. It sounds as though the police just made up the plant count of 99 out of thin air. If they can't prove he had that many plants it won't hold up in front of a jury. It is pretty obvious that the "justice" system doesn't want this guy to have a jury trial and end up looking like fools.

 

Thats the way i see it also and they know if the jury is not allowed to here the truth they will win

 

As with our case some people still believe that the new Laws that have just passed will help

 

And with our case they wont even let us see the Evidence because they dont have it thats the only way anyone could see it

[Chauncy Gardner]

Thats the way i see it also and they know if the jury is not allowed to here the truth they will win

 

As with our case some people still believe that the new Laws that have just passed will help

 

And with our case they wont even let us see the Evidence because they dont have it thats the only way anyone could see it

 

 

Ya know, Bob, the more I hear about your case the more flabbergasted I am that they continue to pursue it. It is ludicrous. Maybe they fear that you will pursue monetary damages?

[Herb Cannabis]

Ya know, Bob, the more I hear about your case the more flabbergasted I am that they continue to pursue it. It is ludicrous. Maybe they fear that you will pursue monetary damages?

 

They should pursue monetary damages, in fact, they should own most of Oakland County when it is all said and done.

[bobandtorey]

If their is any money to be had we will make sure and use it so that

 

They will never do this to anyone else again and the only reason we are still alive is because of our Lawyer Michael Komorn, and Aaron Ingber,& David Rudoi @RudoiLaw.com if you need a Lawyer and you were Legal as we are and were check them out first

 

 

 

@KomornLaw.com

[Dr. Bob]

Curious as to who the doctors were and why they didn't show.

 

Dr. Bob

[bobandtorey]

 

 

 

Ya know, Bob, the more I hear about your case the more flabbergasted I am that they continue to pursue it. It is ludicrous. Maybe they fear that you will pursue monetary damages?

 

Thanks for your support

 

$$$$ their is no amount of money that can be paid to us to make up for all the things they have done to the both of us

 

Just to think their are so many more people they are doing the same thing to that we just don't here about

 

Those are the one's i cant get out of my mind

 

I used to tell people that if medical marihuana helps just one person here in Mich am all for it

 

Until the Law makers Realizes That marijuana is A medicine things wont change

Edited December 19, 2012 by bobandtorey

[bobandtorey]

Curious as to who the doctors were and why they didn't show.

 

Dr. Bob

 

Curious am not

 

Just knowing that as a doctore you could find yourslef on the witness stand inn Court cant look good

 

The prosecutor no what to do its their job they do it every day and most are very good at making people look bad And can be very intimidating to a

Dr. That never testified before

[bobandtorey]

Dr. Eisenbud did a great job inn our case The prosecutor wanted our medical records

We did not have any problems with that but the Lawyers did

 

We knew that are medical records would seal the deal As to why we used cannabis for a medicine

[Dr. Bob]

Curious am not

 

Just knowing that as a doctore you could find yourslef on the witness stand inn Court cant look good

 

The prosecutor no what to do its their job they do it every day and most are very good at making people look bad And can be very intimidating to a

Dr. That never testified before

 

I've been to court several times. I do it to support my patients and it is part of the cost of a certification (no I don't charge extra for MY patients to go to court). I also go to get some cases where the Section 8 defense and the bona fide relationship stands up and to discourage prosecutors from challenging my certifications by taking them apart in court. I also do it to gain experience with their tactics and how to counter them, which I publish to help others. Working with the defense attorneys is good too, I learn new tricks, and so do they. Overall the defense becomes stronger. That discourages them from challenging the certification.

 

Dr. Bob

[Kingpinn]

Damages

Now why would anyone seek damages for just a little mistake on their part ?? You feel at all damaged Bob ??

Edited December 19, 2012 by Kingpinn

[Kingpinn]

I've been to court several times. I do it to support my patients and it is part of the cost of a certification (no I don't charge extra for MY patients to go to court). I also go to get some cases where the Section 8 defense and the bona fide relationship stands up and to discourage prosecutors from challenging my certifications by taking them apart in court. I also do it to gain experience with their tactics and how to counter them, which I publish to help others. Working with the defense attorneys is good too, I learn new tricks, and so do they. Overall the defense becomes stronger. That discourages them from challenging the certification.

 

Dr. Bob

Wow Doc cost me 850 big ones to have my doc testify. Your a good guy

[CaveatLector]

Wow Doc cost me 850 big ones to have my doc testify. Your a good guy

And it sounds like you got off cheap. Expert witnesses charge for everything from travel time to the time necessary to wait around before they testify. It is not uncommon to fork over a few grand per day of testimony.

[Dr. Bob]

And it sounds like you got off cheap. Expert witnesses charge for everything from travel time to the time necessary to wait around before they testify. It is not uncommon to fork over a few grand per day of testimony.

 

Cost $3500 for expert testimony from a doc like me. $300 an hour including drive time. Unless you are mine, then it is included in your cert. Something to think about.

 

Dr. Bob

[Chauncy Gardner]

Wow Doc cost me 850 big ones to have my doc testify. Your a good guy

 

Can you recoup your expenses if you win? Can "the man" be made to pay for a frivolous prosecution?

[Dr. Bob]

Check with CL, but judges have absolute immunity, prosecutors have relative immunity. The standard is pretty high and it depends on the attitude of the Federal Court in your District. I looked in to this after my case years ago. Fieger made it clear my suit was pretty solid but due to where it would be filed, my chances of success were poor. And we had them on video doing some squirrelly things

[Restorium2]

Wow Doc cost me 850 big ones to have my doc testify. Your a good guy

Yes, that's the going rate. My neurosurgeon charged me $800.

[bobandtorey]

Wow Doc cost me 850 big ones to have my doc testify. Your a good guy

And you have the same Doc as we do and he did not charge us

And with you he did it by tel phone

 

And with us he was live

[bobandtorey]

 

 

Cost $3500 for expert testimony from a doc like me. $300 an hour including drive time. Unless you are mine, then it is included in your cert. Something to think about.

 

Dr. Bob

 

Am glad you are my Doc i tell people all the time how you will go to court for them

 

Back when we first got our Rec. i didn't think that a Doc could just not come to court

That was good of THCF and it only maid cense to me i trust them because

They did a news story on the how to get a rec..with the TV cameras running

 

At first i went to my Hip Doc and he told me that he couldn't do it but was ok with MMJ i knew he was as i been with him for over 15 years and then give me my chart notes and told me that their were doc that would do it

That know more about MMJ

Edited December 20, 2012 by bobandtorey

[bobandtorey]

 

 

Can you recoup your expenses if you win? Can "the man" be made to pay for a frivolous prosecution? We all hope so

 

Its not if he wins its when

[Dr. Bob]

Am glad you are my Doc i tell people all the time how you will go to court for them

 

Back when we first got our Rec. i didn't think that a Doc could just not come to court

That was good of THCF and it only maid cense to me i trust them because

They did a news story on the how to get a rec..with the TV cameras running

 

At first i went to my Hip Doc and he told me that he couldn't do it but was ok with MMJ i knew he was as i been with him for over 15 years and then give me my chart notes and told me that their were doc that would do it

That know more about MMJ

 

I've never mentioned that, you brought it up. You know I would go to court and you know I offered a free second opinion years ago when you were with THCF. Any time, just call. Would help King if he asked as well, but that is up to him.

 

Dr. Bob

[KindWave Hydro]

Curious as to who the doctors were and why they didn't show.

 

Dr. Bob

 

 

Hello Bob

I've really gained a great amount of respect for you after seeing your policy in supporting your patients

fully in a court room setting .

 

All my pateints and myself are fully qualified and have seen actual drs

We are actually benefitting medicinally from the use of cannabis not recreationally

as they would somehow like to establish as fact .

The Dr's that did testify did so extremely professionally and with convincing testimony fully establishing

full dr patient relationships, there is simply no wiggle room for the prosecutor ,the state of Michigan

sent fully certified licenses to me and my patients ,,,I was and am fully legal and compliant .

 

The two Drs that did not ,or should I say could not be present were due to some very good reasons

one of them is deceased and the other is 90 years old now and health is very poor.

 

This case will be thrown out eventually ,it's just a question of when .

 

I only want to be left alone to take care of myself and my patients ...

Edited December 26, 2012 by KindWave Hydro

[Herb Cannabis]

Hello Bob

I've really gained a great amount of respect for you after seeing your policy in supporting your patients

fully in a court room setting .

 

All my pateints and myself are fully qualified and have seen actual drs

We are actually benefitting medicinally from the use of cannabis not recreationally

as they would somehow like to establish as fact .

The Dr's that did testify did so extremely professionally and with convincing testimony fully establishing

full dr patient relationships, there is simply no wiggle room for the prosecutor ,the state of Michigan

sent fully certified licenses to me and my patients ,,,I was and am fully legal and compliant .

 

The two Drs that did not ,or should I say could not be present were due to some very good reasons

one of them is deceased and the other is 90 years old now and health is very poor.

 

This case will be thrown out eventually ,it's just a question of when .

 

I only want to be left alone to take care of myself and my patients ...

 

"This case will be thrown out eventually ,it's just a question of when."

 

I haven't gone as far as you have in the system, but you are 100% correct, the case will be thrown out and you shall prevail. All of us who are in the same or similar circumstances shall prevail.

 

The law is what it is and MUST be followed by all, not just the patients and caregivers. Thank the writers of this bill for Section 8 and thank the people of the state of Michigan for voting in our law.

 

We must be allowed to live out the rest of our lives in peace.

Edited December 26, 2012 by Herb Cannabis