buckaroo bonzai
Well-Known Member
[h=1]Appeals court overturns dismissal of Ferndale marijuana dispensary cases[/h]Lansing The Michigan Court of Appeals has reversed an Oakland Circuit Court judges 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 OBrien 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 OBriens 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. OBrien 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.
Im 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.
In opinions released this week, the appellate court found Judge Daniel OBrien 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 OBriens 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. OBrien 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.
Im 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.
