COUPLE CLAIM MEDICAL MARIJUANA AS DEFENSE

MADISON HEIGHTS -- A Madison Heights couple charged with growing
marijuana is seeking to have their case dismissed under the state's
new medical marijuana law.

Defendants Robert Redden and Torey Clark say they both have doctor
recommendations to use marijuana for their illnesses. Redden suffers
from bone disease and Clark has cancer, they said.

"What I was hoping to achieve from this was to be able to take less
prescription painkillers," said Redden, 59. "There are bad side
effects from the painkillers but not from marijuana."

Clark and Redden were in Madison Heights 43rd District Court on
Wednesday for a preliminary examination that was adjourned until 9:30
a.m. May 14. They each face up to 14 years in prison if convicted of
the felony charges of manufacturing marijuana.

Madison Heights police raided the couple's house March 30 and
confiscated 21 marijuana plants. The couple said they already had
physician letters of certification to use medical marijuana at the time.

The couple said they applied for state ID cards to use medical
marijuana on April 6, the first day the Michigan Department of
Community Health began taking applications for medical marijuana users.

Clark's attorney, Matthew Abel, said the couple will present what is
called an "affirmative defense," with the defendants admitting they
had the marijuana, but arguing it was justified under the state's
medical marijuana law.

"There is nothing to suggest these clients were acting beyond the
law," Abel said.

Abel said records show police searched the couple's garbage at the
curb to turn up some marijuana use evidence in order to obtain a
search warrant. Police began searching the garbage based on an
anonymous tip, he added.

The couple will also challenge the search warrant in the case.

"I think there are a lot of grounds for getting this case dismissed,"
Abel said.

State voters in November approved the medical marijuana law. The law
allows users with a doctor's prescription to possess up to 12
marijuana plants and up to 2.5 ounces of dried marijuana. The MDCH
oversees the program, but it has not been determined by the courts
whether medical pot users have to be registered with the MDCH with a
state-issued ID to be immune from prosecution or if a physician's
documented recommendation is sufficient.

Though the MDCH started the process on April 4, Abel said the medical
marijuana law went into effect on Dec. 4, 2008.

Madison Heights Police Chief Kevin Sagan said that after the couple's
house was raided, police were unsure whether they were exempt under
the medical marijuana law. Sagan said his department turned over its
investigation to Oakland County prosecutors, who decided to file
felony charges against the couple.

"This is all new territory for us," Sagan said earlier this month.