Rave Radio: Offline (0/0)
Email: Password:
News (Media Awareness Project) - US MI: Judge To Decide On Restraining Order Against Pot
Title:US MI: Judge To Decide On Restraining Order Against Pot
Published On:2011-07-14
Source:Midland Daily News (MI)
Fetched On:2011-07-15 06:01:14
JUDGE TO DECIDE ON RESTRAINING ORDER AGAINST

Coleman resident Chris Gee likens himself to a pharmacist, directing
medical marijuana cardholders to the right strain of marijuana to help
them, and said he will comply with whatever changes are necessary to
continue the work.

Midland County Prosecutor Mike Carpenter says Gee's are actions in
violation of the voter-enacted Michigan Medical Marihuana Act and a
public nuisance, and has asked a judge to shut down Gee and his
business, the Twinn Bridges Compassion Club.

In a court hearing Wednesday, Carpenter also asked Midland County
Circuit Court Judge Michael J. Beale to render an opinion on the
legality of medial marijuana in the county, looking for a consensus
that the act is unconstitutional.

About 40 people came to a hearing Wednesday morning to support Gee and
Twinn Bridges. They left without a definitive answer, as Beale opted
to write an opinion in the case rather than decide the matter at the
bench.

Gee first decided against taking the stand under his Fifth Amendment
protection against self-incrimination, but later testified about how
his business operates.

"I've helped over 400 people in this town," he said, adding he has
not, to his knowledge, dispensed medical marijuana to anyone who is
not certified. "We're not a nuisance to nobody here." He said he has
followed the advice of counsel in running the business, and uses
medical marijuana himself after back-to-back auto accidents and
multiple surgeries. He switched from narcotic medications.

"I've done more in the last year than I did in five," he said, giving
credit for the change to medical marijuana.

The stock in the store comes from patients who grow their own
marijuana, and end up with small amounts of usable marijuana that are
in excess of the 2.5 ounces allowed by the act. "Everybody is trying
to stay legal," Gee said. It's sold for $35 to $55 per ounce, and it
took four months to make a $1,500 profit, which he said he put into
advertising. There are three employees and the store never has more
than 12 ounces.

The act allows each patient to possess 12 plants and 2.5 ounces of
usable marijuana. A patient can designate a person as a caregiver, and
a caregiver is allowed to have five patients, which is where Carpenter
says the problem comes in.

"He's providing to everyone, not his five patients," Carpenter said.
"You're starting to run afoul of the law."

The attorney representing Gee and his business is Thomas Lavigne of
Detroit's Cannabis Counsel. Lavigne pointed out Gee's testimony that
the business operates by transferring marijuana on a patient to
patient basis, and said a section of the Michigan Medical Marihuana
Act states that can occur: "No patient shall be subject to penalty for
acquisition aE& or transfer," he quoted. Lavigne asked Beale to
dismiss Carpenter's petition.

"This is a privilege to set up a compassion club for all these
beautiful patients seeking a cure," Lavigne said. "These are patients,
they can't always grow." Without the club, they would be forced to buy
off the streets, he said. "It's absurd."

The comment drew applause from one supporter, which in turn drew a
strict admonishment from Beale, who said no distractions would be
allowed. Beale also paused both attorneys at different times, asking
them to focus on the issue at hand.

Also testifying at the hearing was Midland County Sheriff's Office
employee Marsha Cabala, who went to Twinn Bridges on Tuesday seeking
information. She said she was told she could see a doctor there to be
certified to use medical marijuana.

"I was under the understanding that once I got my papers, I would be
able to buy," she said.

A representative of the Michigan Attorney General's Office also
attended the hearing as co-counsel for Carpenter.

"Michigan voters didn't count on pot shops springing up across from
their schools and churches," Attorney General Bill Schuette stated in
a media release. "That's why I'm joining Prosecutor Carpenter to
support his efforts to close an illegal marijuana dispensary."

Schuette noted the Michigan Medical Marihuana Act does not authorize
dispensaries and said he supports efforts by prosecutors to shut them
down.

Carpenter's petition is based on two recent opinions regarding the act
- -- one issued by Michigan Attorney General Bill Schuette and one by
Midland County Circuit Court Judge Jonathan E. Lauderbach.
Lauderbach's opinion, addressing the cases of two men who asked to use
medical marijuana while on probation, references the Supremacy Clause
of the U.S. Constitution, which states federal law comes out on top
when state and federal laws conflict. Marijuana, though legalized for
medical use in Michigan, remains illegal under federal law.

Lavigne holds the Supremacy Clause does not apply to medical marijuana
use.

"I really don't understand why all of a sudden when it comes to the
medical marijuana act, lawyers and judges can't read plain English,"
Lavigne said.

Carpenter argued that he needs a consensus on the law in order to
properly enforce it. Without it, "there will be no way to decide or
enforce criminal law aE& We will have a split in our own county,"
Carpenter said, adding clarification from a higher court may be
necessary. If Beale were to concur with Lauderbach, the club would
automatically be a nuisance, Carpenter said.

"It will create chaos in our county if we have two circuit judges with
different opinions," he said, adding that leaves law enforcement
officials exposed to civil liability for doing their jobs.
Member Comments
No member comments available...