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News (Media Awareness Project) - US MI: Hearings Delayed for Pot Defendants
Title:US MI: Hearings Delayed for Pot Defendants
Published On:2010-09-02
Source:Daily Tribune, The (Royal Oak, MI)
Fetched On:2010-09-03 15:00:52
HEARINGS DELAYED FOR POT DEFENDANTS

FERNDALE - One of the owners of a Ferndale medical marijuana
dispensary raided last week said the facility won't reopen until
court cases against owners and employees are resolved.

"We're pretty much sitting on our hands waiting to see what the court
does," said Matthew Curtis, co-owner of Clinical Relief, 352 Hilton,
following a brief court appearance Thursday in Ferndale 43rd District
Court. "We want to find out from the courts what we did wrong."

Curtis of Lake Orion was in court along with co-owner Ryan Richmond
of Royal Oak and five other defendants for a preliminary hearing that
was delayed until Sept. 20. At least three other defendants were not
in court because of a death in their family.

The defendants face a range of charges that include conspiracy and
illegally growing and selling marijuana. All are free on personal
bond. Authorities allege that marijuana sales were conducted with
people lacking state-issued patient cards and that some sales took
place outside the dispensary.

Ferndale Judge Joseph Longo granted a delay Thursday because an
employee of the dispensary - Sal Agro, 68, of Lake Orion, whose house
was raided last week - died of a massive heart attack Thursday at
William Beaumont Hospital in Royal Oak Thursday. He is the husband of
one of the defendants and the father of two others, including
Clinical Relief co-owner Nicholas Agro.

Oakland County Sheriff's deputies raided Clinical Relief with guns
drawn Aug. 25. Similar raids were carried out the same day at private
homes in Oakland and Macomb counties, a warehouse in Macomb County,
Everybody's Cafe in Waterford Township where a marijuana compassion
club meets, and Herbal Remedies, a marijuana dispensary in the township.

More than 20 defendants from all the raids face charges.

Other charged in the Ferndale case are Barbara Johnson, Barbara Agro,
Anthony J. Agro, Angelina Veseli, Stacey Ellenbrook, Ryan M.
Fleissner and Derek A. Anderson.

Ten people connected with the Waterford Township raids waived
preliminary hearings Tuesday in 51st District until October. More
than two dozen demonstrators who support medical marijuana attended
the hearing.

Authorities say those arrested violated the state medical marijuana
law. Sheriff Michael Bouchard has said that while the law allows
caregivers to grow plants for up to five patients there is nothing
that allows for dispensaries where patients can buy marijuana. He and
others see the current proceedings as a test case to clarify the law.

Richmond's attorney, Neil Rockind, said defendants acted legally.

"They were attempting to assist patients in the medical use of
marijuana," Rockind said. "The people have (voted) and said they want
people to have access to this medicine."

He also challenged Sheriff Bouchard's claim that because dispensaries
aren't addressed in the marijuana law they are illegal.

"You can't have no provision for how (patients) are going to get
medical marijuana," Rockind said.

Robert Redden of Ferndale has a medical marijuana case pending before
the state Supreme Court and showed up at Thursday's hearing. Redden
was living in Madison Heights early last year when police confiscated
marijuana plants from him and his girlfriend. They were both
registered as medical marijuana patients but hadn't received their
state-issued ID cards. Former Madison Heights 43rd District Judge
Robert Turner dismissed the case in April 2009, but county
prosecutors are challenging Turner's dismissal and want Redden's case
sent back to district court.

Redden said the current batch of medical marijuana cases and
dispensary closings makes it harder for patients to get what they need.

"All we want is a safe place to get our medicine," he said.
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