Jump to content

King

The Compassion Chronicles
 Share

Recommended Posts

The Compassion Chronicles Member

The Compassion Chronicles

Posted
Posted

In this latest Guest Blog, Michigan attorney Michael Komorn discusses a court case with long-lasting implications for Michigan patients. This blog was originally written as a response to the weekly Lowell's Poll question. Read the question, and responses from Rev. Steven Thompson, Ken Beyer from Michigan Testing Authority, and others, by clicking on this link:

 

http://www.thecompassionchronicles.com/2013/01/06/lowells-poll-just-in/

 

King

 

People v. King may turn out to become the most significant ruling for the Michigan Medical Cannabis Community. To fully understand the impact of this decision one must first consider what was taking place in Courts throughout the state of Michigan regarding the Michigan Medical

Marijuana Act (MMMA) at the time the decision was reached.

 

Judges and prosecutors across the state had developed a theory that if a patient or caregiver violated any aspect of the MMMA, specifically

Section 4, the accused patient or caregiver was precluded from arguing a medical marihuana defense. Opinions and orders signed by Judges were being issued with regularity specifically stating that no mention of a card or medical cannabis would be allowed before the jury, nor could it be argued that marijuana is a recognized treatment for a defendant's medical condition. In other words, the accused patient or caregiver

would be treated as if the MMMA did not exist. Nineteen cases that went before the Court of Appeals unanimously affirmed this practice.

 

I have spent countless hours over the last 3 1/2 years reading and analyzing the MMMA. I have spoken with all the major medical marijuana

lawyers and activists in the state as well as those who were involved with authoring the Act, and never did this interpretation ever come out of anyone's mouth. Yet here we were in June 2012 and this was the law.

 

To continue reading please visit-

 

http://www.thecompassionchronicles.com/2013/01/06/komorn-people-v-king/

 

 

Link to comment
Share on other sites
shishka Advanced Member

shishka

Posted
Posted (edited)

Sounds great and all but if this is true why are we still reading about prosecutors trying to ban defendants from presenting a medical defense?

 

Such as this case right here:

 

http://michiganmedic...l=&fromsearch=1

 

Lenawee County Circuit Judge Margaret M.S. Noe is hearing evidence on competing motions. The defense is asking her to dismiss charges against Kevin McGrath. The prosecution is seeking to bar the 43-year-old man from raising a medical marijuana defense at trial.

 

Can anyone explain how the prosecution can still do this?

Edited by shishka
Link to comment
Share on other sites
GregS Advanced Member

GregS

Posted
Posted

Sounds great and all but if this is true why are we still reading about prosecutors trying to ban defendants from presenting a medical defense?

 

Such as this case right here:

 

http://michiganmedic...l=&fromsearch=1

 

Lenawee County Circuit Judge Margaret M.S. Noe is hearing evidence on competing motions. The defense is asking her to dismiss charges against Kevin McGrath. The prosecution is seeking to bar the 43-year-old man from raising a medical marijuana defense at trial.

 

Can anyone explain how the prosecution can still do this?

 

While these things may be expected to continue, the frequency will diminish as police and prosecutors run smack into recent decisions. We have to recognize that many are too darn bone headed or stupid to take the news gently.

Link to comment
Share on other sites
GregS Advanced Member

GregS

Posted
Posted (edited)

That recent decisions and legislation have all but concluded the very largest part of the controversy we have been involved with these last few years at reasonable outcomes cannot be overstated. Going toe-to-toe with detractors, we have handed their azzes to them. The change in landscape now v then is immense. We owe ourselves mutual pats on the back for all that we have done, to include clowns who provided entertainment.

 

I do not expect that there will be much more real controversy. Occasional cases may arise. Constitutional isses will soon be taken to the nth degree. We can dispense with much of the acrimony and the community can be kinder and gentler toward itself.

Edited by GregS
Link to comment
Share on other sites
SFC Advanced Member

SFC

Posted
Posted (edited)

Bob, why don't you call your lawyer and ask him, or call the Oakland county prosecutor and ask her to drop the charges now that cases have vindicated you and Torey? Asking us here at the MMMA about it every day is not doing you any good.

Edited by SFC
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
 Share
Go to topic listing
×
×
  • Create New...