ATTORNEY: MAN GREW POT FOR MEDICAL REASONS

A Farmington Hills defense attorney is asking a Livingston County
judge to dismiss charges against a Hartland Township man who
allegedly grew marijuana in his home for medicinal purposes.

This is the first case in Livingston County to test Michigan's
medical marijuana law, which was approved by voters in November and
went into effect Dec. 4.

Police say they found the marijuana at Ryan Andrew Burke's Pine Hill
Trail home in August.

On April 2, defense attorney Barry Resnick will ask Circuit Judge
David Reader to set a hearing to take testimony on whether his client
meets the legal requirements to grow and possess marijuana for
medicinal purposes.

If Reader finds that Burke did possess the marijuana legally, then
Resnick says the case must be dismissed.

Burke, 23, was charged with possession of marijuana with intent to
deliver, a four-year felony, and a misdemeanor charge of possession
of marijuana after undercover narcotics officers received a tip Aug.
18 that he was growing marijuana in his home.

Officers discovered remnants of marijuana in three bags of discarded
garbage and used that information to get a search warrant, which
allegedly revealed 13 marijuana plants in the defendant's backyard,
according to court documents.

Police allege they also found marijuana in an unlocked and unsecured
closet in Burke's bedroom.

Assistant Prosecutor Daniel Rose says Burke does not qualify under
the state's new law because he "had more than 12 marijuana plants; he
possessed those plants outside of an 'enclosed, locked facility'; and
because he possessed marijuana without a valid 'registry
identification card,' " according to court documents.

Michigan's medical marijuana law allows a patient to register through
the Michigan Department of Public Health with a doctor's prescription
to possess up to 2.5 ounces of pot and cultivate up to 12 marijuana
plants in an enclosed, locked facility, such as a closet, room or
other enclosed area.

Medical marijuana identification cards are not yet available from the
health department and will not be issued until April 4.

However, federal law still bans the use, possession and sale of
marijuana anywhere in the United States.

Resnick declined to discuss details of the pending case, but he did
say he believes in his defense.

"(Burke) does have a duly authorized medical marijuana card that
allows him to have possession of marijuana," Resnick said. "He has
medical clearance to have it."

Resnick declined to say why his client needs the marijuana and how
long Burke has been growing and using it for medicinal purposes.
However, he did confirm that medical clearance has been given by Dr.
Eric Eisenbud.

Eisenbud is an ophthalmologist licensed in Colorado, Michigan,
Montana and Washington. He is listed with The Hemp and Cannabis
Foundation Medical Clinic in Southfield. Attempts to reach him
Thursday were unsuccessful.

The medical clinic "helps qualified medical marijuana patients inform
and empower themselves to become legally protected," according to its Web site.