Pubdate: Thu, 23 Apr 2009
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2009 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Michael P. McConnell, Daily Tribune Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

COUPLE CLAIM MEDICAL MARIJUANA AS DEFENSE

MADISON HEIGHTS -- A Madison Heights couple charged with growing 
marijuana is seeking to have their case dismissed under the state's 
new medical marijuana law.

Defendants Robert Redden and Torey Clark say they both have doctor 
recommendations to use marijuana for their illnesses. Redden suffers 
from bone disease and Clark has cancer, they said.

"What I was hoping to achieve from this was to be able to take less 
prescription painkillers," said Redden, 59. "There are bad side 
effects from the painkillers but not from marijuana."

Clark and Redden were in Madison Heights 43rd District Court on 
Wednesday for a preliminary examination that was adjourned until 9:30 
a.m. May 14. They each face up to 14 years in prison if convicted of 
the felony charges of manufacturing marijuana.

Madison Heights police raided the couple's house March 30 and 
confiscated 21 marijuana plants. The couple said they already had 
physician letters of certification to use medical marijuana at the time.

The couple said they applied for state ID cards to use medical 
marijuana on April 6, the first day the Michigan Department of 
Community Health began taking applications for medical marijuana users.

Clark's attorney, Matthew Abel, said the couple will present what is 
called an "affirmative defense," with the defendants admitting they 
had the marijuana, but arguing it was justified under the state's 
medical marijuana law.

"There is nothing to suggest these clients were acting beyond the 
law," Abel said.

Abel said records show police searched the couple's garbage at the 
curb to turn up some marijuana use evidence in order to obtain a 
search warrant. Police began searching the garbage based on an 
anonymous tip, he added.

The couple will also challenge the search warrant in the case.

"I think there are a lot of grounds for getting this case dismissed," 
Abel said.

State voters in November approved the medical marijuana law. The law 
allows users with a doctor's prescription to possess up to 12 
marijuana plants and up to 2.5 ounces of dried marijuana. The MDCH 
oversees the program, but it has not been determined by the courts 
whether medical pot users have to be registered with the MDCH with a 
state-issued ID to be immune from prosecution or if a physician's 
documented recommendation is sufficient.

Though the MDCH started the process on April 4, Abel said the medical 
marijuana law went into effect on Dec. 4, 2008.

Madison Heights Police Chief Kevin Sagan said that after the couple's 
house was raided, police were unsure whether they were exempt under 
the medical marijuana law. Sagan said his department turned over its 
investigation to Oakland County prosecutors, who decided to file 
felony charges against the couple.

"This is all new territory for us," Sagan said earlier this month. 
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