Caregiver Charges Dismissed After Affirmative Defense Is Argued

[t-pain]

http://www.nicholslawyers.com/In-The-News/ID/2496/categoryId/144/Medical-Marijuana-Caregiver-Has-Charges-Dismissed-After-Motion-To-Present-An-Affirmative-Defense-Is-Argued

 

 

Attorney Joshua M. Covert of the Nichols Law recently represented a client who was charged with two felonies involving marijuana. The client was a medical marijuana patient and a caregiver to 3 other patients. Despite being registered with the state as a patient and as a caregiver, the client’s home was raided pursuant to a search warrant issued by a Kent County Judge. Mr. Covert met with the client and discussed the protections provided to her by the Michigan Medical Marijuana Act (MMMA). Mr. Covert as an attorney who devotes a large part of his practice to defending patients and caregivers knew that after listening to the client tell her story that she would have a good chance of asserting the affirmative defense as outlined in section 8 of the MMMA. An affirmative defense under the MMMA requires the defendant to prove that there was a bona fide patient-physician relationship for each patient, that there was no more medicine than reasonably necessary to prevent an uninterrupted supply, and that the marijuana was for medicinal use.


Mr. Covert then filed a motion and brief outlining his client’s defense and proceeded to hold an evidentiary hearing to determine if the affirmative defense would be available to his client and to determine if a dismissal was appropriate. At the start of the second day of the hearing Mr. Covert and the prosecuting attorney discussed the possibility of agreeing to certain facts. By the time the discussion had completed Mr. Covert and the prosecuting attorney were able to agree on the facts necessary for a dismissal under section 8.

“The outcome of this case illustrates why it is important to MMMA patients and caregivers to stand up for their rights as cardholders, my client had been offered many plea offers during the process but every time she stood firm and refused to admit that she did anything to violate the MMMA and ultimately after several months her case was dismissed weeks before trial” says attorney Covert. If you are a patient or caregiver under the MMMA and facing criminal charges, call the Nichols Law Firm at 517-432-9000 and speak with attorneys who are familiar with the defenses under the MMMA.

 

 

interesting stuff. dont take a plea!

[pic book]

thanks for this report.  it's great to see a another section 8 defense...i'm thinking it will prolly take the cg 3 years to recoup her atty fees if she raises prices by $10 per oz.

[pic book]

3 years?  that's a typo.  i meant 13 years.

[GregS]

Like a precision machine. The courts are beginning to warm to the AD, and it should not be long till they are fully informed and compliant.

 

Keep your shoulders to the wheel. We're gaining.

[imiubu]

What happened to our protection from arrest and prosecution in the 1st. place???

It seems that particular part of the law is being conveniently overlooked

[bobandtorey]

Thank you Mr.Covert for standing up for all pt/cg in Mich.

[knucklehead bob]

What happened to our protection from arrest and prosecution in the 1st. place???

It seems that particular part of the law is being conveniently overlooked

That would be your Sec. 4 protection . If the LEO on the scene honors the law in any way , shape , form or fashion and does not cite you for one thing or another , you have succeeded with Sec. 4 .

Edited May 12, 2014 by knucklehead bob

[bobandtorey]

Yup! thats how i see it also 

[phaquetoo]

I dont thiink we know the whole complete story, but Im glad this case was dropped with the a.d! and im not saying that the c.g did anything wrong, we just dont see the arrest record or what happened to get a search warrant to begin with!  I know leo can get a warrant alot easier than we would like, it still is interesting to know how leo screwed up or if any one screwed up at all!

 

Peace

[bobandtorey]

I dont thiink we know the whole complete story, but Im glad this case was dropped with the a.d! and im not saying that the c.g did anything wrong, we just dont see the arrest record or what happened to get a search warrant to begin with!  I know leo can get a warrant alot easier than we would like, it still is interesting to know how leo screwed up or if any one screwed up at all!

 

Peace

Thanks Jim

 

Another story without the whole truth and nothing but the truth being told in a Court room

[GregS]

Thanks Jim

 

Another story without the whole truth and nothing but the truth being told in a Court room

Before we speculate, should we not find the facts?

[motorcitymeds]

So the PA just dropped the case..?  WOW....this is a first.  Kudos to the Attorney.  Hope they do not go after this person again.  Down the line.  that is something they do... ...

[AgainstOppression]

Sounds great. Wonder if these guys do appeals?

[bustedinclintontwsp]

Appeals are impossible for this, the only way is gona be if sct rules something like fake cards are illegal, then it has to be applied retroactively. Don't expect anything from COA

Sounds great. Wonder if these guys do appeals?

[trichcycler]

you'd think there would be enough sick people already committing actual crimes to arrest...if the sick is their target. If not, I don't think there is a shortage of healthy criminals to pursue.  just doesn't make too much sense to me....

[Willy]

low hangin fruit brother, and we dont go nuts when they come around, so its not a life threatening situation for anyone but the patients/cg's