Dr. Bob
Well-Known Member
This is a very serious development to be viewed with caution, it is a LOCAL ruling and unless you are in this district I wouldn't go jumping out with p2p sales, and if you are use EXTREME caution....
A Lansing judge has thrown out all charges filed by the state Attorney Generals 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 states 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 Generals office filed charges against the employees, saying that the undercover officers were able to purchase marijuana even though they didnt 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 Generals office, declined to comment on Clarkes 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.
HydroWorlds owner, Danny Trevino, sees Clarkes 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. ... Its not going anywhere.
Trevino said that when he first opened, the state inspected how his business operates and told him he wasnt violating the law.
Its not the state that makes you legal, its the doctor, he said, adding: Im more than 100 percent confident that if we went to trial, we would have won.
I am actually more than a little shocked at this. The doctor never met with the patient, just signed the cert for money and they allowed that? You can pay to have someone hand you marijuana over the counter, with different rates depending on how much they give you? Really?
While this more than likely will go further, I am really surprised at this ruling. Guess I am wasting my time actually seeing patients when I can just collect checks in the mail. I'd like to hear what the group has to say. I think I will continue to do things according to standards though, professional integrity doesn't have a price tag. Nor does walking in to court to protect a patient and being loaded for bear, able to handle any challenge the prosecutor tosses my way.
Dr. Bob
A Lansing judge has thrown out all charges filed by the state Attorney Generals 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 states 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 Generals office filed charges against the employees, saying that the undercover officers were able to purchase marijuana even though they didnt 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 Generals office, declined to comment on Clarkes 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.
HydroWorlds owner, Danny Trevino, sees Clarkes 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. ... Its not going anywhere.
Trevino said that when he first opened, the state inspected how his business operates and told him he wasnt violating the law.
Its not the state that makes you legal, its the doctor, he said, adding: Im more than 100 percent confident that if we went to trial, we would have won.
I am actually more than a little shocked at this. The doctor never met with the patient, just signed the cert for money and they allowed that? You can pay to have someone hand you marijuana over the counter, with different rates depending on how much they give you? Really?
While this more than likely will go further, I am really surprised at this ruling. Guess I am wasting my time actually seeing patients when I can just collect checks in the mail. I'd like to hear what the group has to say. I think I will continue to do things according to standards though, professional integrity doesn't have a price tag. Nor does walking in to court to protect a patient and being loaded for bear, able to handle any challenge the prosecutor tosses my way.
Dr. Bob