JUDGE RULES STATE MEDICAL MARIJUANA LAW UNCONSTITUTIONAL

A Midland County judge's recent ruling that the state's medical
marijuana act is unconstitutional has Oakland County medical marijuana
supporters and detractors speculating on what may come next.

The opinion, written by Midland County Circuit Court Judge Jonathan
Lauderbach, addresses two separate cases involving probation
conditions and the use of medical marijuana.

"This is truly a battle between the federal government and state
government," said Samantha Moffett, marijuana business consultant with
Walled Lake-based Ambrose Law Group.

Moffett's reference to the two governments going head to head springs
from Lauderbach's opinion, where he wrote that the courts are bound by
the Supremacy Clause - guided first by the U.S. Constitution and
federal laws.

That means, he concluded, even if defendants prove they are seriously
ill and use medical marijuana to ease symptoms, Lauderbach stated, the
Michigan Medical Marihuana Act - passed by voters in 2008 - is
unconstitutional and "therefore must be declared to be 'without
effect,'" according to his opinion outlined in a story in the Midland
Daily News.

This sets up the possibility of the Michigan Court of Appeals weighing
in on medical marijuana, said Moffett.

Oakland County Prosecutor Jessica Cooper said this opinion validates
Oakland County law enforcement officials' position on medical marijuana.

"(The opinion says) the same thing we have been saying," she said. In
the past, county prosecutors have said distributing marijuana is
against federal law.

"I find (the opinion) interesting. Across the state, every time
(medical marijuana cases) get into court and you see court analysis,
you'll see they look at the statute very narrowly."

She believes the Midland situation is "one more piece" in the overall
medical marijuana discussion.

The issue in Midland involved two defendants - Jonathon Murray Finney,
29, and Todd Alan VanWert, 46, both of Midland - who were sentenced
for offenses including marijuana possession. The court ordered the
men, who both said they were qualified to use marijuana, to stay away
from marijuana.

Moffett said 15 states and the District of Columbia which have
legalized marijuana on some level.

If the act is deemed unconstitutional in Michigan, "I believe we are
going to see similar challenges in other states," said Moffett.

Cooper said she believes it will take another two years before medical
marijuana cases "wind their way to the Michigan Supreme Court" and
before there is a "definitive statement" on the act here.

Neil Rockind, an attorney currently defending medical marijuana
patients in Oakland County courts, said other states with medical
marijuana laws have dealt with the state vs. federal law question.

"In California this issue was addressed, decided, appealed and
reaffirmed and each and every time it was concluded the state's
medical marijuana act and the federal controlled substance law can
operate together," he said, adding even Congress has said the federal
substance acts do not pre-empt state medical marijuana laws.

"This (Midland) decision is only going to complicate things. I believe
the Midland judge made an error, and (his decision) is going to be
reversed."