Carruthers Appeal to the Supreme Court

Well looks like a total of 4458 dollars raised so far.

I am about to go hit the donate button right now. I encourage anyone else that is able to do the same. If you are not able then please keep passing the word along. Thank you all for any help you can give.

That's as of this AM not yesterday?

Nice work all.

Rrog said:

That's as of this AM not yesterday?

Click to expand...

Thats as of just before I posted the info, so about 2pm yesterday.

Keep passing the word along. Hopefully soon the sickest of the sick will be protected by the card they paid for so that they could have such protections.

ozzrokk said:

Keep passing the word along. Hopefully soon the sickest of the sick will be protected by the card they paid for so that they could have such protections.

Click to expand...

Not holding our breath ;(

Bipity bump to the top

Please by all means DON'T hold your breath....... We would not want to loose such a great asset........

A little nod and boost for Earl and all those sick patients that need some form of concentrate..........

I'm glad to hear all the talk of high CBD strains.

Charges dismissed in Oakland County medical marijuana case (VIDEO)

Monday, December 23, 2013
By Jackie Harrison-Martin


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 state’s 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 Prosecutor’s 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 physician’s certification, fake driver’s 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 don’t want a government’s 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 don’t blame the pharmacist (for filling it) and they don’t 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 enforcement’s 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 physician’s 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 officer’s 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 mom’s face,” he said.


He was angry, he said.


“This wasn’t 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 didn’t have the means to weather the storm. We had to get through the storm and (knowing about other patients) motivated us to keep fighting.


“It’s about every patient and caregiver, not only Oakland County but in the state.


“You can’t try to step on the voters’ opinion. You have to respect patients and caregivers. We want respect.”


http://www.thenewsherald.com/articles/2013/12/23/testdonotpublish/doc52b8a89d8abfe452359200.txt?viewmode=fullstory

?? It's over?? It's early in the AM here, but he's free??

Carruthers, along with five others, have simply had the charges dropped for their roll in running the Green and Greener Grow Collective raided nearly two years ago (1-4-12). Sadly it has taken our corrupt "justice" system two years to simply acknowledge LEO counterfeiting medical, state and bank documents and then fraudulently using them may constitute entrapment under the law. But to add insult to injury the Court of Appeals (overseeing this criminal activity) opinion on extracts will still stand until overturned on other merits or legislation is passed to counter judges like this interpreting law in attempt to legislate from the bench contrary to the will of the People

Yes this has been a great victory for now. Unfortunately this has nothing to do with the appeals court ruling on extracts. That part must be overturned by the SC or the Legislature. The hope is at this point that the SC will in fact take and overturn that horrible ruling on extracts.

Thank you for anyone taking interest in these matters as the patients of Michigan thank you.

The push is still on to right the wrong.

A little bump for the good patients of Michigan............

as many lawyers who are cozy with judges makes my conspiracy theory mind just race. "let me bill these fuckers a few more times and get a couple consults in before you drop this one huh?" "Sure, no problem and nice shot of the 8th tee buddy" laughs around... I hate our system and hate even more I believe its the best in the world still. congrats to the guys who are free now and all the warriors like ozz who stood up and did what you could and the donors and protesters and all the eyes that never left the case. I assure you for those guys charged it was NOT just simply dropping charges. Can't imagine the weight off your chest after 2 years of that hanging over your head and you all helped lift that weight. bravo to the Michigan medical community enjoy the victory its all of ours.

A little bump to the top for all the good patients of Michigan that require or prefer concentrates, etc.................

Ever onward and upward.......... pushing forward until justice is just.....................

Well my friends I hear the SC will not hear the Carruthers Appeal, I have not confirmed this by any official papers but it appears to be the case. Truly sad I say...... Looks like the upcoming bill sitting in the Michigan Senate is the closest thing we have at the moment for some kind of justice.......

I am not sure what the SC is thinking when they say they will not answer this question. I am sure they see the bill that sits at the Senates feet and want them to handle it. After all Justice Young did say he was tired of hearing Medical Marijuana cases and would rather someone else fix the problems. Must be nice to pass your work onto others to do for you.

I would like to thank all of you that helped, donated and spread the word. Those that participated did a fine job. When you people come together it seems nothing can stop us............

I would like to give a special thanx to Rrog.............. I am glad to have you on my side brother..........

And this is just one of the reasons seedpac was formed....
Why are we letting the losers in the war write the freakin rules???
Get off your asses and do something... Even if it's wrong!!!