Pubdate: Fri, 17 Apr 2009
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2009 Livingston Daily Press & Argus
Contact: http://drugsense.org/url/Kk1qVKJf
Website: http://www.livingstondaily.com
Details: http://www.mapinc.org/media/4265
Author: Lisa Roose-Church, Daily Press & Argus

MEDICAL POT LAW GETS FIRST TEST

A defense attorney will appeal a Livingston County judge's decision 
that the state's new medical marijuana law does not retroactively 
apply to his client, who allegedly grew marijuana in his backyard for 
medicinal purposes.

Judge David Reader's ruling is the first in the state to test a law 
passed in November by 63 percent of the voters and which went into 
full effect April 4 when the Michigan Department of Community Health 
began accepting applications from patients and caregivers seeking 
registry identification cards under the law.

Farmington Hills defense attorney Barry Resnick said he will appeal 
the decision.

Ryan Andrew Burke was charged with possession of marijuana with 
intent to deliver, a four-year felony, and a misdemeanor charge of 
possession of marijuana after undercover narcotics officers received 
a tip Aug. 18 that he was growing marijuana at his Pine Hill Trail home.

Police say they found 13 marijuana plants in 23-year-old Burke's 
backyard as well as remnants of marijuana in three bags of discarded garbage.

Police allege they also found marijuana in an unlocked and unsecured 
closet in Burke's bedroom.

Resnick argued the new law retroactively covers his client, who has 
since received the required state ID card identifying him as a 
patient requiring the use of marijuana for medicinal purposes.

Assistant Prosecutor Daniel Rose said Burke does not qualify under 
the state's new law because he had 13 plants -- the state law allows 
for no more than 12 marijuana plants.

However, Resnick argued more could be allowed if a doctor deemed it 
was medically necessary. Resnick said a hearing was needed to 
determine whether that applied to Burke.

Rose also argued that Burke kept his marijuana plants outside of an 
enclosed or locked facility, which also is required by law, and he 
did not have the registry card at the time of the offense.

Reader agreed, saying the legislation's intent clearly defined effective dates.

Reader said Resnick's appeal must be filed within 60 days.

The judge tentatively set a June 26 date to review the status of the 
appeal, if filed.

Michigan's medical marijuana law was passed in November -- about 11 
weeks after Burke's marijuana was discovered.

The law was effective Dec. 4, but did not go into full effect until 
April 4, when patients were allowed to register through the MDCH for 
the identification cards.

The law allows a person, with a doctor's recommendation, to possess 
up to 2.5 ounces of pot and cultivate up to 12 marijuana plants in an 
enclosed, locked facility, such as a closet, room or other enclosed area.

However, federal law still bans the use, possession and sale of 
marijuana anywhere in the United States.

Michigan's medical marijuana law also is being tested in two metro 
Detroit cases.

In the first, a Madison Heights couple was charged Tuesday with 
manufacturing marijuana and a 53-year-old Chesterfield Township man, 
who has liver problems, is using it to fight a May arrest for 
possession of marijuana.

The later case was adjourned Monday for 30 days while the defendant 
applies for his ID card, the Detroit Free Press reported. 
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