Pubdate: Sat, 20 Nov 2010
Source: Lansing State Journal (MI)
Copyright: 2010 Lansing State Journal
Contact: http://drugsense.org/url/uc45fODd
Website: http://www.lansingstatejournal.com/
Details: http://www.mapinc.org/media/232
Author: Scott Davis
Referenced: The Statute http://drugsense.org/url/8mvr7sW8
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana

DISMISSAL SOUGHT IN MEDICAL MARIJUANA CASE

An Ingham County judge will decide whether to throw out charges 
against a man accused of illegally dealing medical marijuana in what 
could be a test case for how the herb can be dispensed in Michigan.

Circuit Judge James Giddings said Friday he would render his decision 
in coming weeks after the attorney for the Rev. Frederick W. Dagit, 
61, of Meridian Township, contended charges should be dismissed under 
a provision of the nearly 2-year-old medical marijuana statute. 
Prosecutors asked Giddings to declare that provision unconstitutional.

Dagit is charged with two counts of possession with intent to deliver 
between 11 and 99 pounds of marijuana; growing 20 or more marijuana 
plants; maintaining a drug house and misdemeanor possession of marijuana.

The key question: whether Dagit, who admits he supplied marijuana to 
the Green Leaf Smokers medicinal marijuana club in Williamstown 
Township, should stand trial on allegations that he agreed to buy 50 
pounds of marijuana May 26 from an undercover police informant and 
also kept 41 marijuana plants in his home. Dagit said 12 of the 
plants were to treat his own ailments.

Statute clearly sets limits on the amounts of marijuana allowed: 
Patients can grow up to 12 marijuana plants and have 2.5 ounces of 
marijuana for themselves, or a caregiver to grow up to 12 plants for 
up to five patients each.

But James White, Dagit's attorney, said the statute also states a 
judge "shall" dismiss charges if he or she finds the quantity of 
marijuana seized was necessary to medically treat a patient's ailment.

Amount Unclear

How much marijuana this means is unclear -- most witnesses Friday 
agreed -- but Dagit testified that the club dispensed "least four or 
five pounds" of marijuana daily at the club.

"These are very sick people ... a hundred to 120 people used the 
facility on a daily basis," White said. "Was Mr. Dagit's behavior 
criminal? The marijuana the police brought to his house was going to 
be taken to the club."

But County Assistant Prosecutor Guy Sweet dismissed the statute 
provision as "crazy," "ridiculous," vague and unenforceable, saying 
Giddings should declare it unconstitutional.

Both Sides Criticize

"Somebody could park a pickup truck in their garage filled with bales 
of marijuana and say this is amount of marijuana I need for treatment 
until I die," Sweet said. "This statute isn't fair to anybody. Nobody 
knows what it means, and nobody can enforce it."

Giddings questioned whether Sweet had standing to ask that the 
provision be declared unconstitutional because he isn't a defendant 
in the case.

Since the state implemented the marijuana act in April 2009, both 
medical marijuana users and authorities have criticized the law as 
being overly vague. This year, a number of medical marijuana 
dispensaries have sprouted in Ingham County -- such as the Green Leaf 
Smoker's Club -- although critics have maintained that the statute 
doesn't authorize their creation.

Club Raided

The Green Leaf club was raided by police the same day that Dagit was 
arrested, but authorities allowed the club to continue to operate.

Before the hearing, Terry Clark, a Williamston man who used to 
frequent the club as a medical marijuana patient, said he believes 
authorities unfairly targeted Dagit.

"The only reason they went after him was because they're mad the law 
was passed," Clark said. "(Dagit) is outspoken. They don't like it 
when you're outspoken." 
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MAP posted-by: Richard Lake