MICHIGAN ATTORNEY GENERAL TO DEFEND MEDICAL MARIJUANA CONVICTION

Cass County Man Seeks to Overturn Verdict

The Michigan Attorney General's Office announced Monday that it has
filed a brief on behalf of the Cass County Prosecutor's Office and
will defend an appeal in the medical marijuana case against Howard
Township resident Sylvester Vanderbutts.

Vanderbutts was found guilty at a jury trial in April 2010, accused
of possessing more than 40 marijuana plants and almost a pound of
marijuana, which authorities say is in violation of the limits set
for registered medical marijuana patients under Michigan's Medical
Marijuana Act (MMMA).

The case set a precedence in Cass County as the first of its kind to
go to a jury trial.

Vanderbutts, 53, who had qualified for a medical marijuana card from
the Michigan Department of Community Health (MDCH), was charged
criminally by Cass County because he possessed more than the
permitted amount under the MMMA. Vanderbutts also admitted he had
previously supplied marijuana to four other individuals, despite the
fact that he was not authorized as a registered caregiver under the MMMA.

Vanderbutts later filed an appeal of his conviction with the Michigan
Court of Appeals. Because the Michigan Attorney General's Appellate
Division handles criminal appeals from felony convictions for
Michigan counties with a population of 75,000 or less, Attorney
General Bill Schuette's office is leading the team working to defend
the conviction.

In his brief, Schuette argues that Vanderbutts was not entitled to a
defense under the MMMA because he exceeded the prescribed possession
limit, had more marijuana than was reasonably necessary for his own
needs and possessed and grew marijuana that was not for his use.

"The people of Michigan approved this law with the expectation that
limits on medical marijuana possession would be strictly enforced,"
Schuette said. "We will continue to join county prosecutors to ensure
the health and safety of the general public is protected."

Cass County Circuit Court Judge Michael Dodge stayed on the bottom of
the sentencing guidelines -- which called for zero to nine months in
jail -- and sentenced Vanderbutts in May to 18 months probation and
90 days on a Michigan Department of Corrections tether.

At the trial, Vanderbutts claimed the MMMA gives patients a defense
even if they exceed the 2.5 ounces or a 12-plant limit as long as
they do not exceed an amount reasonably necessary for their own use.

Vanderbutts said in court during his sentencing that he has an ulcer
in his stomach and he uses the marijuana to alleviate the pain. He
said when he is taking marijuana, he can lead an active life, which
includes going to the YMCA five days week and being active at his church.

Vanderbutts, who claimed it would take just minutes for the jury to
find him innocent, collapsed in court upon hearing the guilty verdict.