Again, The Court Of Appeals Has Wrongly Decided A Medical Marijuana Issue. Lawyers And Pundits Should Not Be Able To Predict, With A Reasonable Degree

[bobandtorey]

Lansing— The Michigan Court of Appeals has reversed an Oakland Circuit Court judge’s dismissal of seven individual cases last year involving a Ferndale medical marijuana dispensary that was shut down in 2010 following a police raid.

In opinions released this week, the appellate court found Judge Daniel O’Brien erroneously dismissed charges against seven defendants who claimed to fall under protections of the Michigan Medical Marijuana Act, which permits persons holding state-issued cards to possess and sell small amounts of marijuana to persons needing the herb for medical reasons.

Oakland County Prosecutor Jessica Cooper had appealed O’Brien’s ruling regarding pending cases against Anthony, Barbara and Nicholas Agro; Matthew Curtis; Barbara Johnson; Ryan Fleissner; and Ryan Richmond, owner-operator of the Ferndale Clinical Relief. O’Brien dismissed the cases last year based on defense motions.

Following undercover purchases at Clinical Relief by members of the Oakland County Narcotics Enforcement Team in July and August 2010, the business was raided and closed.

All those arrested and later charged claimed they were involved in either working at or making transactions at the clinic under the belief their actions were legal under the MMMA, according to attorney Stuart Friedman, who argued their case.

“I’m disappointed ... My opinion at this time is that we will be continuing our appeal,” said Friedman. “The decision about whether we file a motion for rehearing or appeal directly to the Supreme Court has not yet been decided.”

Attorney Neil Rockind, who represents Richmond, said all the defendants have several weeks to appeal the decision to the State Supreme Court.

“Attorneys for the defendants are all still studying the Court of Appeals ruling to decide what to do next,” said Rockind, declining to go into specifics on Wednesday. “There are several options but the bottom line is this issue is far from over.”

Cooper said the COA ruling noted marijuana was and is illegal in the state of Michigan, and that the MMMA provides a limited exception if the marijuana is used within the provisions of the act.

Attorney Jerome Sabbota, who represented Barbara Agro, said the state marijuana laws were undefined at the time the clinic was started.

“They (Clinical Relief) filed and obtained city permits, were visited by police and the city even encouraged the operation,” said Sabbota. “Next thing you know undercover police are making buys with fake IDs and shutting them down.”

 

 

From The Detroit News: http://www.detroitnews.com/article/20130911/METRO02/309110101#ixzz2eckLXUKF

[greenleaf]

I'm glad I didn't open a Dispensary in Royal Oak or Ferndale.

 

Edit:  I thought the city approved of Dispensaries in both cities.  A couple of years ago.  Woodward, between 11 mile and 12 mile, in Royal Oak.  And I heard Ferndale approved of Dispensaries also, maybe 3 or 4 years ago.

Edited September 11, 2013 by greenleaf

[t-pain]

the city approved, its the county that didnt.

 

also there was that pdf...

[bobandtorey]

Did anyone think the ruling was going to be any thing different  that we have seen over and over ? 

[greenleaf]

There are too many to keep up with.  Another good story to read.

 

I wish I had a better attention span. 

 

 

[bobandtorey]

(WWJ Photo/Ron Dewey)

Three medical marijuana facilities in Ferndale and Waterford were raided Wednesday night by area police agencies and the Oakland County Sheriff’s Department. Fifteen arrests were made in connection with the raid.

Sheriff Micheal Bouchard says they confiscated $750,000 worth of majijuana, but that’s not all.

“In addition there were other drugs that were encountered, hand-to-hand transactions in the streets outside of these facilities, numerous guns were confiscated,” said Bouchard.

The Clinical Relief Center on Hilton in Ferndale and Everybody’s Cafe in Waterford were raided.

Bouchard says the facilities were operating outside the voter passed medical marijuana law, and in some cases sold the weed without asking for a doctor’s referral.

WWJ Newsradio 950 spoke with Nick Agro, co-owner of the Ferndale facility.

“One of the patients that was handcuffed and thrown down on the floor was my mother, who was a 28-year veteran of the Lake Orion police department. And, while sitting there with police, one of the police officers said that this came down from the State’s attorney general office,” Agro said.

“They [police officers] took medical records, they violated patients’ rights. It’s very clear in the state statute that no patient or care-giver is to be arrested. Every individual that was in that place [the clinic] was either a patient or a care-giver, and Oakland County has taken charge and arrested those individuals,” he said.

A spokesman for Attorney General Mike Cox said later Thursday that his office did not order the raids.

[Celliach]

Mike Cox!  Talk about an old article......

 

Man!  I wish we could get Mike Cox back!  He didn't do anything to help or hinder us which is better than how Schuette has dealt with us.  

 

I used to make a joke that we were being Cox-blocked when we tried to do anything with MMJ back then. lololol

[bobandtorey]

 $750,000 worth of marihuana now thats a lot of Cannabis to have on hand i feel for Barb A because now she has two ongoing case's in the same court house(Oakland County) not a good place to be IMHO

[Celliach]

What do you mean, two cases?

[bobandtorey]

She still has the first case against her going on for growing Cannabis at her home and it not being locked up and she got 6 months probation and a felony and  it went to the C.O.A and now back to Oakland County for a new Sec 8 hearing because she could not use the words Medical Marihuana to the jury as it has been from 2009

[bobandtorey]

The court found, in part: "A jury convicted defendant of manufacturing marijuana, MCL 333.7401(2)(d)(iii), and she was sentenced to 90 days’ probation. Defendant contends that the trial court erred in refusing to allow her to present an affirmative defense under the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq. The prosecution concedes error and agrees that defendant was not required to meet the immunity requirements of § 4 of the MMMA, MCL 333.26424, in order to raise an affirmative defense under § 8 of the MMMA, MCL 333.26428. At issue in this appeal is the appropriate remedy. We conclude that the matter must be remanded to the trial court for a continuation of the evidentiary hearing."

305725    PEOPLE OF MI V BARBARA AGRO
Panel: JPH KFK JMB
Lower Court: OAKLAND CIRCUIT COURT, No. 2010-233920-FH
Opinion - Per Curiam - Unpublished
http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130122_C305725_44_305725.OPN.PDF

[Celliach]

She was arrested twice back in 2009/10?

[bobandtorey]

She was arrested twice back in 2009/10?

Yes first it was from the dispensary for selling i guess then they went to her home and charged her for growing 

[bobandtorey]

i was at both case's thats when her son told me  that day it didn't matter to him  win or lose as what could be the most  that could happen to him maybe some probation at the most

I say ask Rick Ferris how that worked out for him as you may know he is serving one year in the county as i type

[Celliach]

I thought both charges stemmed from the same arrest event.  I was under the impression that they raided the dispensary and home in the same day as part of the same operation.  I wasn't aware that she was arrested twice.

[bobandtorey]

istockphoto

ReportingSandra McNeill

Filed Under Daily J AM, Local, News

Related Tags appeals court, Ferndale,Medical Marijuana

FERNDALE (WWJ) - It’s back to court for multiple people involved in a medical marijuana clinic raid in 2010.

Barbara Argo, 70, and the others are being brought back to the State Court of Appeals after drug charges were reinstated.

Argo and at least 15 other people were arrested in a raid of Clinical Relief Dispensary, located in Ferndale.

The dispensary opened in June of 2010 and was raided by authorities of August that same year.

Charges against Argo and the others were initially dropped by a lower court until the State Court of Appeals revived them.

 

Prosecutors say that the law does not allow for setting up dispensaries to sell marijuana.

Royal Oak Attorney Jim Rasor, who represents the clinic owners, told WWJ’s Sandra McNeill and said his clients acted within state law.

“These are people that sent their credentials with the doctor’s certification to the state of Michigan and received a license to be Michigan medical marijuana patients or caregivers,” Rasor said.  ”Generally, criminals don’t get licensed by the state.”

In November of 2008, 63 percent of voters approved a state proposal to remove criminal penalization for those possessing marijuana based on the use for medical purposes.

The current Michigan law allows patients with diseases and conditions such as cancer, Crohn’s disease, glaucoma and hepatitis C to use and possess the drug without state-level repercussions.

Rasor said he was confused about why patients are being penalized.

“I don’t understand—and I think you’d have to ask the sheriff and the prosecutor why it’s so important—that these people with cancer and other sorts of terrible medical conditions get thrown on the ground at gunpoint,” Rasor said.  ”When people that are dealing crystal meth and other extremely destructive and illegal drugs are going Scott-free.”

Edited September 12, 2013 by bobandtorey

[Celliach]

So it is from the same charges.  They aren't facing new charges.  They are facing the same charges a second time because the court of appeals ruled in favor of the prosecution.

[bobandtorey]

i don't think it's the same charges because the first one she had already been found guilty but the C.O.A said she needed a new trail on that charge i don't think she will win that case or should i say it will never get over turned because no one has been able to have there case heard in front of a jury and are able to say they even have a card

but most people will disagree with what i say and i just ask them to show me one case that someone has been able to do it and i follow a lot of cases 

You have seen the way they did us even though i tell people all the time we where sooooo lucky and we where legal all the way under plant count locked up and both had Rec; before the raid 

Leo even called THC-F before our raid to make sure we  went there THC-F told me that and are warrant was even missing 1 hour and 26 minute from the time they came into our home  another words they went and got one because they thought we where on probation and they don't need a warrant to come to your home if you are on probation 

[bobandtorey]

So it is from the same charges.  They aren't facing new charges.  They are facing the same charges a second time because the court of appeals ruled in favor of the prosecution.

again it's not They it's her

[motorcitymeds]

What do you expect from a bunch of POT hating old REPUBLICAN FUXS..??  I have been preaching OUTRIGHT Colorado style legalization for how many years now..?.  And everybody on this site just complains and fights about this and that about home growing and hating on dispensaries...well who has been bucking up to have both dispensaries and home grows.?  we can have both home grows and commercial grows/dispensaries.!! 

 

So sick of reading about these fuxs in OAKLAND county fuxing up the law.  FUX Bouchard, Cooper and Schuette.  They are all seriously retarded and the ONLY WAY FOR US TO STOP THIS MADNES IS TO GO Colardo STYLE.!!

 

Legalization is THE ONLY ANSWER...!!!  When is everyone going wake up organize for this and get a freakin law passed..?

Edited September 12, 2013 by motorcitymeds

[solabeirtan]

Wood naught, could not? Co:ops/Distribution Terminals be necessary then? Federated FMs sort of ? Like the Casinos, Wall Street, streaming, dreaming hey Let's odoit 

Edited September 12, 2013 by solabeirtan

[Kingpinn]

Bob should we show them the path down the Yellow Brick Road ??

Did anyone think the ruling was going to be any thing different  that we have seen over and over ? 

[GrassMonkey]

I agree Motor!!! Otherwise they will just pick any other law to pieces until it's useless!

[bobandtorey]

Bob should we show them the path down the Yellow Brick Road ??

The Road no one wants to go down and many have found it to be very green until it happens to them they wont believe us Mr. King 

And we where luckier then most that will follow 

Most still think they can have a jury see there card

[motorcitymeds]

I agree Motor!!! Otherwise they will just pick any other law to pieces until it's useless!

Our law already has been tore up to pieces.  But you see that is what they want...THEY WANT THE FEAR MACHINE TO KEEP ROLLING.  NOBODYWANTS TO CHANGE THE PRISON INDUSTRIAL COMPLEX.  IT IS ALL SUCH A FACADE.

 

This illision that medical can work.  Does anybody know why the DOJ sent out that MEMO regarding CO and WA..?  The Government fears civil unrest. And people are sick of this shiyyat.  Plus the tax revenue brought in from legalization trumps everything else.  Look at the projected estimates for CO alone...?  It's massive.  MI could be raking in dough off people coming to MI for our beaches and parks  lots of them would gladly walk into a pot store just like they do to buy the worst drug legal....ALCOHOL.

 

 

 

Money talks ......Money will bring forth change ...nothing more.