DETECTIVE: MEDICAL MARIJUANA CARD A FAKE

Undercover Cop Testifies at Hearing Phony ID Approved by Prosecutor,
Sheriff's Offices

Ferndale - A phony Michigan medical marijuana identity card used by
an undercover narcotics officer to make purchases came under attack
Friday by a group of defense lawyers representing nine employees of a
Ferndale dispensary.

Derek Myers, an undercover detective for the Oakland County Sheriff's
Office, testified during a probable cause hearing about six visits he
made to Clinical Relief in Ferndale in July and August.

Myers acknowledged he made the phony card, told the staff at Clinical
Relief he had back pain and made several purchases of marijuana.
During one visit, he said he sold marijuana to the staff for $140.
For the sale, he was given a receipt.

Myers said he got approval from his superiors at the Sheriff's Office
and from the Prosecutor's Office before making the card, a fake
version of those issued by the state to people certified by a
physician to use marijuana to treat a medical condition.

"You know Clinical Relief wouldn't give it (marijuana) to you unless
you had a card?" defense attorney Neil Rockind asked Myers on the stand.

Myers replied: "I made up the card so I could buy marijuana."

The hearing is examining whether the nine defendants - ranging from
receptionists to company owners - should face trial on felony
manufacture charges. Prosecutors are challenging the state's law that
allows distribution of medical marijuana. They contend the sale of
any marijuana is illegal under state law.

Lawyers for the defendants said no laws were broken because the
clinic operated within rules established by the law that voters
passed in 2008. They said Oakland County's prosecutor and sheriff
brought the charges to test the state's law.

Defense lawyers also argued that because the state considers issuance
of the cards private medical information, there is no way for a
marijuana dispensary to confirm if a card is real or fake.

The accused were arrested Aug. 25 after an Oakland County SWAT team
raided the facility and confiscated marijuana, cash and patient
records. An alleged warehouse in Macomb County and two clinics in
Waterford Township also were raided, leading to other arrests.

Judge Joseph Longo asked prosecutors to file written arguments and
briefs by Dec. 10. Defense counsel has until Jan. 10 to file responses.