MEDICAL POT LAW GETS FIRST TEST

A defense attorney will appeal a Livingston County judge's decision
that the state's new medical marijuana law does not retroactively
apply to his client, who allegedly grew marijuana in his backyard for
medicinal purposes.

Judge David Reader's ruling is the first in the state to test a law
passed in November by 63 percent of the voters and which went into
full effect April 4 when the Michigan Department of Community Health
began accepting applications from patients and caregivers seeking
registry identification cards under the law.

Farmington Hills defense attorney Barry Resnick said he will appeal
the decision.

Ryan Andrew Burke 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 at his Pine Hill Trail home.

Police say they found 13 marijuana plants in 23-year-old Burke's
backyard as well as remnants of marijuana in three bags of discarded garbage.

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

Resnick argued the new law retroactively covers his client, who has
since received the required state ID card identifying him as a
patient requiring the use of marijuana for medicinal purposes.

Assistant Prosecutor Daniel Rose said Burke does not qualify under
the state's new law because he had 13 plants -- the state law allows
for no more than 12 marijuana plants.

However, Resnick argued more could be allowed if a doctor deemed it
was medically necessary. Resnick said a hearing was needed to
determine whether that applied to Burke.

Rose also argued that Burke kept his marijuana plants outside of an
enclosed or locked facility, which also is required by law, and he
did not have the registry card at the time of the offense.

Reader agreed, saying the legislation's intent clearly defined effective dates.

Reader said Resnick's appeal must be filed within 60 days.

The judge tentatively set a June 26 date to review the status of the
appeal, if filed.

Michigan's medical marijuana law was passed in November -- about 11
weeks after Burke's marijuana was discovered.

The law was effective Dec. 4, but did not go into full effect until
April 4, when patients were allowed to register through the MDCH for
the identification cards.

The law allows a person, with a doctor's recommendation, 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.

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

Michigan's medical marijuana law also is being tested in two metro
Detroit cases.

In the first, a Madison Heights couple was charged Tuesday with
manufacturing marijuana and a 53-year-old Chesterfield Township man,
who has liver problems, is using it to fight a May arrest for
possession of marijuana.

The later case was adjourned Monday for 30 days while the defendant
applies for his ID card, the Detroit Free Press reported.