Pubdate: Wed, 18 Dec 2013
Source: Oakland Press, The (MI)
Copyright: 2013 The Oakland Press
Contact:  http://www.theoaklandpress.com/
Details: http://www.mapinc.org/media/2114
Author: Carol Hopkins

MEDICAL MARIJUANA CHARGES DROPPED

Carruthers: 'A Big Weight Was Lifted Off My Shoulders'

Medical marijuana advocates are applauding news that charges against 
a Ferndale medical marijuana patient charged with marijuana 
possession and delivery have been dropped.

Earl Carruthers, 28, and five others, including his brother Ryan, 
faced six counts after an Oakland County narcotics law enforcement 
team raid at the Southfield-based Green and Greener Grow Collective 
dispensary on Jan. 4, 2012.

The charges against Carruthers and the others involved money 
laundering, conspiracy to deliver marijuana, three counts of delivery 
of marijuana, and possession with intent to deliver, all felonies 
ranging in penalties of four to five years.

The decision Monday, Dec. 16 in Oakland County Circuit Court brought 
a "big relief, a big weight was lifted off my shoulders," said 
Carruthers, who praised his attorneys and the judge in the case, 
Phyllis McMillen. Carruthers said the arrest changed his life.

"I ended up losing (a financial business) and just tried to keep my 
head above water," he said. He and his brother have since opened TV 
Fitness gym in Ferndale.

Carruthers' attorney, Michael Komorn, said Carruthers, a former Wayne 
State University football player who cracked his pelvis playing 
football in 2001, became a medical marijuana patient as a result of the pain.

(NOTE: Carruthers has another case where the Michigan Court of 
Appeals ruled edible marijuana is not protected by the state's 
Medical Marijuana Act, approved in 2008. That case has been appealed 
to the state Supreme Court.)

Komorn said when McMillen announced her decision, defendants were ecstatic.

"There was hugging and high-fiving," said Komorn.

"It was joy, the sweet sounds of justice."

Komorn said several patients who testified about the process at Green 
and Greener were the key to the defense.

"People queued up to tell their stories," said Komorn.

"They spoke about how they were benefiting (from the dispensary)."

Defense attorneys, who included Jim Amberg and David Rudoi, explained 
what transpired. Paul Walton with the Oakland County Prosecutor's 
Office staff said they will appeal the order.

Komorn said at Green and Greener, patients had to sign a membership 
agreement saying they promised to comply with the act and certified 
they were a patient with valid documents.

The undercover officer went to the dispensary as a patient.

Komorn said the police used "forged physician's certification, fake 
driver's license, fake cashed check from the state of Michigan 
showing the state had received (an medical marijuana card) 
application - paperwork saying he had a valid card."

Komorn said entrapment became a central point in the defense.

"With entrapment cases, we don't want a government's action to create 
a crime," he said.

Defense attorneys argued the transfer of medical marijuana was not to 
a real patient.

"If you create a fake prescription, you don't blame the pharmacist 
(for filling it) and they don't get charged," said Komorn.

Caregivers reviewing documents should have something to rely on, 
attorneys argued.

Rick Thompson, editor of The Compassion Chronicles, said the decision 
represented progress.

"Patients in Oakland County have been under a crushing weight for 
years - more than in any other Michigan county. Many cases involve 
individuals and small businesses who were acting under the impression 
that they were following the law," he said.

"If this decision changes law enforcement's behavior - and the days 
of unreasonable searches and entrapment techniques are behind us - 
perhaps we have turned a corner on this issue."

Amberg said he is seeing a shift in medical marijuana case decisions 
since the People vs. Kolanek decision in January 2011 from the 
Michigan Supreme Court.

In that decision, the Supreme Court affirmed a Court of Appeals 
decision that held patients must obtain a physician's statement after 
the enactment of the Medical Marijuana Act and before the arrest.

"The (worker) who provided marijuana to the undercover officer was 
acting lawfully under the act," said Amberg.

"The only thing arguably that made it not legal was the officer's own 
action. He was presenting fictitious documentation to the (dispensary)."

Komorn added, "The crime was created by the government. That is 
principle of entrapment."

Carruthers said he was happy, but also felt the moment was 
bittersweet. He said his faith helped keep him stable through the 
court process.

The narcotics team "took our cars, trashed our homes. They went to 
our parents' home and put guns to my mom's face," he said. He was 
angry, he said. "This wasn't right," he said. "You have to take a stand."

Carruthers, who said he changed his mind over the years after 
learning in 2010 about the benefits of medical marijuana, stated 
other patients and caregivers have been harassed.

"A lot didn't have the means to weather the storm. We had to get 
through the storm and (knowing about other patients) motivated us to 
keep fighting.

"It's about every patient and caregiver, not only Oakland County but 
in the state.

"You can't try to step on the voters' opinion. You have to respect 
patients and caregivers. We want respect."
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MAP posted-by: Jay Bergstrom