DISTRICT JUDGE RULES STATE MEDICAL MARIJUANA RULES UNCONSTITUTIONAL

DEARBORN - The city's chief judge last month made a ruling that could
have big implications for the state's two-year-old medical marijuana law.

In an order denying a motion to dismiss a possession of marijuana
case, Judge Mark Somers wrote, "This court finds that in consequence
of the lawful designation of marijuana as a Schedule I narcotic under
the Controlled Substances Act, the Michigan Medical Marihuana Act is
rendered unconstitutional and void in its entirety by operation of
the Supremacy Clause of the United States Constitution."

The Controlled Substance Act is a federal statute that classifies
drugs into five categories, known as schedules, based on their
potential for abuse. Schedule I drugs, such as marijuana, cocaine and
LSD, are considered to be the most addictive and are not legal to prescribe.

The case stems from a traffic stop in January 2010. Dearborn police
cited the defendant, Robert Brandon, for illegal possession of
marijuana and contributing to the delinquency of a minor, according
to court documents.

Brandon tried to have the case dismissed four months later based on
the grounds that, after he was ticketed, he saw a doctor who issued
him a "physician's certification" for medical marijuana to treat
chronic back pain. Doctor's can't legally prescribe medical marijuana
so, under the Michigan law, a physician's certification is the
terminology used.

Somers questioned the legitimacy of the claim, however, noting that
Brandon's doctor only met with Brandon for about 20 minutes before
writing the certification, did not perform any physical examination,
and had no previous patient-doctor relationship, which is part of the
criteria for medical marijuana certification.

Moreover, Somers wrote, Brandon's certification came after the
traffic stop, meaning that it couldn't be used as a defense.

But what was most significant in the order was that Somers, an
outspoken critic of marijuana and skeptic of the medical marijuana
law, declared the medical marijuana law void. The case is scheduled
for a pretrial conference April 12.

Somers declined comment Thursday because the case remains pending.

The medical marijuana law has been a legal quagmire since Michigan
voters adopted it in 2008. Because marijuana remains illegal under
federal law, local governmental bodies in Michigan have been forced
to interpret how to apply it.

Somers' ruling doesn't mandate Dearborn's two other district judges
take the same view.