GregS
Well-Known Member
We won a round.
By Carol Hopkins, The Oakland Press
Posted: 12/17/13, 2:25 PM EST | Updated: 19 secs ago
Earl Carruthers, 28, of Ferndale, had pot charges for possession as a medical marijuana patient dismissed by Judge Phyllis McMillen yesterday, pictured at his TV Fitness gym Tuesday December 17, 2013. (Vaughn Gurganian-The Oakland Press)
Medical marijuana advocates are applauding news that charges against a Ferndale medical marijuana patient charged with marijuana possession and delivery have been dropped.
Earl Carruthers, 28, and five others, including his brother Ryan, faced six counts after an Oakland County narcotics law enforcement team raid at the Southfield-based Green and Greener Grow Collective dispensary on Jan. 4, 2012.
The charges against Carruthers and the others involved money laundering, conspiracy to deliver marijuana, three counts of delivery of marijuana, and possession with intent to deliver, all felonies ranging in penalties of four to five years.
The decision Monday Dec. 16 in Oakland County Circuit Court brought a big relief, a big weight was lifted off my shoulders, said Carruthers, who praised his attorneys and the judge in the case, Phyllis McMillen.
Carruthers said the arrest changed his life.
I ended up losing (a financial business) and just tried to keep my head above water, he said. He and his brother have since opened TV Fitness gym in Ferndale.
Carruthers attorney, Michael Komorn, said Carruthers, a former Wayne State University football player who cracked his pelvis playing football in 2001, became a medical marijuana patient as a result of the pain.
(NOTE: Carruthers has another case where the Michigan Court of Appeals ruled edible marijuana is not protected by the states Medical Marijuana Act, approved in 2008. That case has been appealed to the state Supreme Court.)
Komorn said when McMillen announced her decision, defendants were ecstatic.
There was hugging and high-fiving, said Komorn.
It was joy, the sweet sounds of justice.
Komorn said several patients who testified about the process at Green and Greener were the key to the defense.
People queued up to tell their stories, said Komorn.
They spoke about how they were benefiting (from the dispensary).
Defense attorneys, who included Jim Amberg and David Rudoi, explained what transpired. Paul Walton with the Oakland County Prosecutors Office staff said they will appeal the order.
Komorn said at Green and Greener, patients had to sign a membership agreement saying they promised to comply with the act and certified they were a patient with valid documents.
The undercover officer went to the dispensary as a patient.
Komorn said the police used forged physicians certification, fake drivers license, fake cashed check from the state of Michigan showing the state had received (an medical marijuana card) application paperwork saying he had a valid card.
Komorn said entrapment became a central point in the defense.
With entrapment cases, we dont want a governments action to create a crime, he said.
Defense attorneys argued the transfer of medical marijuana was not to a real patient.
If you create a fake prescription, you dont blame the pharmacist (for filling it) and they dont get charged, said Komorn.
Caregivers reviewing documents should have something to rely on, attorneys argued.
Rick Thompson, editor of The Compassion Chronicles, said of the decision represented progress.
Patients in Oakland County have been under a crushing weight for years -- more than in any other Michigan county. Many cases involve individuals and small businesses who were acting under the impression that they were following the law, he said.
If this decision changes law enforcements behavior -- and the days of unreasonable searches and entrapment techniques are behind us -- perhaps we have turned a corner on this issue.
Amberg said he is seeing a shift in medical marijuana case decisions since the People vs. Kolanek decision in January, 2011 from the Michigan Supreme Court.
In that decision, the Supreme Court affirmed a Court of Appeals decision that held patients must obtain a physicians statement after the enactment of the Medical Marijuana Act and before the arrest.
The (worker) who provided marijuana to the undercover officer was acting lawfully under the act, said Amberg.
The only thing arguably that made it not legal was the officers own action. He was presenting fictitious documentation to the (dispensary).
Komorn added, The crime was created by the government. That is principle of entrapment.
Carruthers said he was happy, but also felt the moment was bittersweet. He said his faith helped keep him stable through the court process.
The narcotics team took our cars, trashed our homes. They went to our parents home and put guns to my moms face, he said.
He was angry, he said.
This wasnt right, he said. You have to take a stand.
Carruthers, who said he changed his mind over the years after learning in 2010 about the benefits of medical marijuana, stated other patients and caregivers have been harassed.
A lot didnt have the means to weather the storm. We had to get through the storm and (knowing about other patients) motivated us to keep fighting.
Its about every patient and caregiver, not only Oakland County but in the state.
You cant try to step on the voters opinion. You have to respect patients and caregivers. We want respect.
Carol Hopkins has a master's degree in journalism from the University of Michigan and worked as a senior editor for Detroit Monthly magazine and as a reporter for The Oakland Press since 2003. Reach the author at [email protected] or follow Carol on Twitter: @OPCarolHopkins.
By Carol Hopkins, The Oakland Press
Posted: 12/17/13, 2:25 PM EST | Updated: 19 secs ago
Medical marijuana advocates are applauding news that charges against a Ferndale medical marijuana patient charged with marijuana possession and delivery have been dropped.
Earl Carruthers, 28, and five others, including his brother Ryan, faced six counts after an Oakland County narcotics law enforcement team raid at the Southfield-based Green and Greener Grow Collective dispensary on Jan. 4, 2012.
The charges against Carruthers and the others involved money laundering, conspiracy to deliver marijuana, three counts of delivery of marijuana, and possession with intent to deliver, all felonies ranging in penalties of four to five years.
The decision Monday Dec. 16 in Oakland County Circuit Court brought a big relief, a big weight was lifted off my shoulders, said Carruthers, who praised his attorneys and the judge in the case, Phyllis McMillen.
Carruthers said the arrest changed his life.
I ended up losing (a financial business) and just tried to keep my head above water, he said. He and his brother have since opened TV Fitness gym in Ferndale.
Carruthers attorney, Michael Komorn, said Carruthers, a former Wayne State University football player who cracked his pelvis playing football in 2001, became a medical marijuana patient as a result of the pain.
(NOTE: Carruthers has another case where the Michigan Court of Appeals ruled edible marijuana is not protected by the states Medical Marijuana Act, approved in 2008. That case has been appealed to the state Supreme Court.)
Komorn said when McMillen announced her decision, defendants were ecstatic.
There was hugging and high-fiving, said Komorn.
It was joy, the sweet sounds of justice.
Komorn said several patients who testified about the process at Green and Greener were the key to the defense.
People queued up to tell their stories, said Komorn.
They spoke about how they were benefiting (from the dispensary).
Defense attorneys, who included Jim Amberg and David Rudoi, explained what transpired. Paul Walton with the Oakland County Prosecutors Office staff said they will appeal the order.
Komorn said at Green and Greener, patients had to sign a membership agreement saying they promised to comply with the act and certified they were a patient with valid documents.
The undercover officer went to the dispensary as a patient.
Komorn said the police used forged physicians certification, fake drivers license, fake cashed check from the state of Michigan showing the state had received (an medical marijuana card) application paperwork saying he had a valid card.
Komorn said entrapment became a central point in the defense.
With entrapment cases, we dont want a governments action to create a crime, he said.
Defense attorneys argued the transfer of medical marijuana was not to a real patient.
If you create a fake prescription, you dont blame the pharmacist (for filling it) and they dont get charged, said Komorn.
Caregivers reviewing documents should have something to rely on, attorneys argued.
Rick Thompson, editor of The Compassion Chronicles, said of the decision represented progress.
Patients in Oakland County have been under a crushing weight for years -- more than in any other Michigan county. Many cases involve individuals and small businesses who were acting under the impression that they were following the law, he said.
If this decision changes law enforcements behavior -- and the days of unreasonable searches and entrapment techniques are behind us -- perhaps we have turned a corner on this issue.
Amberg said he is seeing a shift in medical marijuana case decisions since the People vs. Kolanek decision in January, 2011 from the Michigan Supreme Court.
In that decision, the Supreme Court affirmed a Court of Appeals decision that held patients must obtain a physicians statement after the enactment of the Medical Marijuana Act and before the arrest.
The (worker) who provided marijuana to the undercover officer was acting lawfully under the act, said Amberg.
The only thing arguably that made it not legal was the officers own action. He was presenting fictitious documentation to the (dispensary).
Komorn added, The crime was created by the government. That is principle of entrapment.
Carruthers said he was happy, but also felt the moment was bittersweet. He said his faith helped keep him stable through the court process.
The narcotics team took our cars, trashed our homes. They went to our parents home and put guns to my moms face, he said.
He was angry, he said.
This wasnt right, he said. You have to take a stand.
Carruthers, who said he changed his mind over the years after learning in 2010 about the benefits of medical marijuana, stated other patients and caregivers have been harassed.
A lot didnt have the means to weather the storm. We had to get through the storm and (knowing about other patients) motivated us to keep fighting.
Its about every patient and caregiver, not only Oakland County but in the state.
You cant try to step on the voters opinion. You have to respect patients and caregivers. We want respect.
Always glad to hear good news 
Any idea how much he has pocketed on this mess thus far? When the game impedes access, we need to take a close look at all the players 
