DOCTOR WILL TESTIFY IN MEDICAL MARIJUANA CASE

MADISON HEIGHTS - The doctor who authorized a Madison Heights couple
charged with growing marijuana to use pot for their medical
conditions will have to testify in the case.

Robert Redden and Torey Clark had the doctor's signed certification
to use medical marijuana under the new state law when police raided
their house March 30 and seized 21 marijuana plants.

However, their identity cards to use medical marijuana from the
Michigan Department of Community Health were not received until April
20. Copies of the couple's cards were entered into evidence at their
preliminary examination Thursday before Madison Heights 43rd District
Judge Robert Turner.

Robert Turner ordered Dr. Eric Eisenbud to testify in the case before
adjourning the hearing until 8 a.m. May 27.

"I want that doctor to come in here and testify," Turner said.

Turner later added that the medical marijuana law indicates marijuana
charges can be dismissed based on a doctor testifying he or she
certified a defendant to use marijuana for a medical condition.

Eisenbud, an ophthalmologist, is licensed in several states and
certified Redden and Clark to use medical marijuana after they went
to the THC Foundation clinic in Southfield in early March. The
Southfield clinic is one of several in states such as Michigan,
California, Colorado, Hawaii, Montana, Nevada, Oregon and Washington
that have medical marijuana laws. The clinics are operated by the
nonprofit Hemp and Cannabis Foundation.

"Testimony from the physician will support our position" to have the
case against the defendants dismissed, said Redden's attorney, Robert Mullen.

Matthew Abel, Clark's attorney, and Mullen say Michigan's medical
marijuana law went into effect Dec. 4, a month after voters approved the law.

"The law had gone into effect and the machinery for getting those
(ID) cards wasn't available," when the couple's house was raided, Mullen said.

Madison Heights police Officer Kirk Walker, who was in charge of the
raid, testified police believed the new medical marijuana law didn't
go into effect until April 4.

Abel is also challenging the search warrant in the case. Records show
police got an anonymous tip and found marijuana butts in the
defendants' curbside garbage as part of the information they used to
get a search warrant.

Abel said marijuana butts in a garbage bag no longer constitute
indication of a crime since the medical marijuana law went into effect.

"I think this case should be dismissed here in district court after
the judge hears from the doctor," Abel said after Thursday's hearing.

Madison Heights police officers testified they seized 21 marijuana
plants, each about 4 inches high, and a couple of ounces of dried
marijuana during the raid. Under the state law, one patient is
allowed up to 12 plants and 2.5 ounces of dried marijuana.

Walker testified that during the raid Clark said she doesn't know how
to grow marijuana and told police, "I didn't want to do this."

Clark reportedly has cancer and Redden suffers from a bone disease.
Both used canes to walk during their court appearance.

Oakland County Assistant Prosecutor Beth Hand unsuccessfully argued
to have access to the couple's medical records at the hearing with
Eisenbud later this month.

But under the existing new law, Turner said: "I don't think any other
medical records would be necessary."