MEDICAL POT DEFENSE PRESENTED

ESCANABA - An Escanaba man who claims he was growing marijuana at his
home for medicinal purposes was bound over Tuesday to Delta County
Circuit Court where he will be tried for manufacturing marijuana at his home.

Jason McEntire, 37, Escanaba, was arrested April 13 on two controlled
substance charges of delivery/manufacturing marijuana and maintaining
a drug house.

On Nov. 10, 15 pot plants were confiscated from McEntire's residence
in the southside trailer court. Eight officers from the Upper
Peninsula Substance Enforcement Team (UPSET) conducted the drug bust.

During McEntire's preliminary hearing in district court Tuesday, his
lawyer, Jayne Mackowiak, said he had received authorization from a
doctor in January after the raid to grow the plants for medicinal purposes.

A recently-enacted drug law states a person can grow marijuana prior
to medical authorization, Mackowiak said, requesting more time for
the preliminary examination or dismissal of the charges.

Delta County Prosecutor Steve Parks said the marijuana plants were
seized from McEntire's residence on Nov. 10 before the new law went
into effect in December.

"I feel the behavior was before the effective date of the (new) act,"
Parks told the court.

Judge Glenn Pearson agreed the case occurred prior to the new
legislation and will listen to the facts presented according to laws
at the time.

"I think the courts are supposed to interpret and enforce existing
laws, not anticipate them," Pearson said.

One prosecution witness testified during Tuesday's preliminary
hearing. UPSET Det. Jeff Erickson said detectives conducted a search
warrant on the McEntire residence on Nov. 10 and confiscated 15
marijuana plants and 107 clones, which are plant clippings.

Erickson said McEntire told him he had been growing the plants for
three weeks and said he was willing to talk about the marijuana
plants because he did not want to go to prison.

During cross-examination, Erickson said the marijuana must have root
structure to be considered a plant. The 15 plants were analyzed by
the state police lab as plants, he said.

The detective also explained how McEntire invited him and another
UPSET officer into his home April 13 when the suspect presented an
medical authorization form for the marijuana that was dated Jan. 12.

McEntire was arrested on April 13.

Judge Pearson asked if the defense had any witnesses, telling
Mackowiak he's not precluding any witnesses and it's up to her
discretion to present a defense. After conferring with her client,
Mackowiak said it was in the best interest of her client to bring the
evidentiary hearing to circuit court.

Pearson ruled, based on the testimony, there was probable cause to
believe the defendant was maintaining a marijuana growing operation
at his residence and the case was bound over to the higher court.
McEntire remained free on bond.