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News (Media Awareness Project) - US MI: Judge Dismisses Madison Heights Couple's Medical
Title:US MI: Judge Dismisses Madison Heights Couple's Medical
Published On:2009-06-18
Source:Detroit News (MI)
Fetched On:2009-06-18 16:29:54
JUDGE DISMISSES MADISON HEIGHTS COUPLE'S MEDICAL MARIJUANA CHARGES

Madison Heights -- Declaring Michigan's medical marijuana act the
"worst piece of legislation" he has ever seen, an Oakland County
judge on Wednesday dismissed felony drug charges against a couple who
say they grew pot for medical reasons.

Torey Clark and Bob Redden jubilantly walked out of the Madison
Heights courtroom of 43rd District Court Judge Robert Turner . The
judge had heard testimony from the physician who qualified the couple
to use medical marijuana under the state's new law.

Clark and Redden were charged with growing marijuana after Madison
Heights police raided their home March 30 -- days before the medical
pot law took effect -- and found 21 plants. With prior drug
convictions, they faced up to 14 years in prison.

After the dismissal, the couple hugged their lawyers and embraced supporters.

Clark, who has ovarian cancer, said the judge's decision brought her
immense relief after weeks of stress over going to prison.

"They should leave the patients alone," Clark said outside court.
Redden said he planned to move out of Madison Heights after living
there for 35 years because police broke down his door with a battering ram.

"I no longer feel safe here," said Redden, who suffers from long-term hip pain.

Michigan's medical marijuana law was designed to protect qualified
patients from arrest and prosecution, but many have criticized it as
poorly written, vague and confusing.

Clark and Redden obtained a recommendation from a state-licensed
physician, Dr. Eric Eisenbud, which stated each was qualified to use
marijuana for medical purposes under the act. They did not receive
state-issued ID cards for medical marijuana users until after the raid.

Eisenbud, an ophthalmologist who treated the couple at the Hemp and
Cannabis Foundation clinic in Southfield, spent nearly two hours on the stand.

Prosecutors are reviewing the case to consider an appeal.
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