Medical marijuana law's grey areas affect police, patients, caregivers Watch Video See Photos Read Comments
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Photo taken during raid, courtesy Huron Daily Tribune.
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By Kim Russell
Thursday, November 12, 2009 at 7:33 p.m.

Read more: Local, State, Health, Politics, Crime, Medical Marijuana Problems Michigan

One year ago more than 60% of Michigan voters decided to legalize medical marijuana. Now police, patients, and caretakers all say they are dealing with legal issues.

On September 25, 2009, caretaker Jeffrey Ellis got a phone call that turned his life upside down.  Bad Axe Police raided his vacation home and called it their largest pot bust in history. 

“I was mortified,” says Ellis. 

Ellis says he started growing marijuana for his wife who has lupus, and then for several ill friends.

“I would not jeopardize being with my wife who has lupus and dearly needs me,” he says. “I thought I was doing everything right.”

Bad Axe Police Chief Mike Anderson says his investigators found everything wasn’t right.  He says investigators found 85 plants, far more than the 12 per patient allowed by law. 

Ellis says he only had as many plants as allowed, and that investigators must be counting the clippings he cut off his plants as whole plants.

“We believe there are clear violations of the medical marijuana act,” says Chief Anderson.  “The excuse of medical marijuana is only a cover for what is actually going on there.”

He says the current law makes it easy for folks to use medical marijuana production as a front for illegal activity.  The law leaves anonymous the location where registered caretakers grow.  Aside from this, the chief points out, the law does not provide for inspection or quality control, as is required of other medical drugs.

Ellis’ lawyer Chris Drouillard says police should have checked the Michigan Marijuana Registry before raiding the property, that the search was unlawful.  He says the Bad Axe Police Department needs to return the marijuana and other belongings seized.  

Chief Anderson defends his search, saying a legitimate tip started it.  He says even though the registry’s written rules state otherwise, the registry’s workers won’t share information with police, so a check is not helpful.   He says as a result police are struggling to differentiate between legal medical marijuana patients or caregivers, and illegal users or dealers.

Law enforcement agencies across the state are dealing with similar growing pains as they adjust to the recently passed medical marijuana law.

Genesee County Prosecutor David Leyton says he's fielding numerous calls from police and communities. 

“I’ve been asking the Department of Community Health to promulgate rules to help us understand better what is to be, and we’re asking the attorney general to step forward and help the department of Community Health come up with those rules,” says Leyton.

In Ellis' case, the biggest victims are his patients.  They say since the raid they have had no legal way to obtain what they call a life-changing medicine.

    

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33 Comments on this Story
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MEDICAL CANNABIS

Posted by KAT BURTON, NEWBERRY - Wednesday, January 13, 2010 at 9:43 p.m.

The thing is,A Million $ crop everyone wants it.It is a easy plant to grow.You need knowone to grow for you they could lace it or lie to you why mess around and have someone steel from you.The hell with caretakers notice taken.Hell i tell ya step by step for free.

Truth

Posted by Andrew Gould, Michigan - Friday, January 01, 2010 at 9:04 p.m.

There is over 100 documents from doctors Proclaiming cannabiss as a effective medicine before the 1900s! And hemp has been a cash crop in our world for over 4000 years. This is not drug,only a usful medicine. Just because you may be someone who doese not understand how it medicates doese not mean you can make jugement calls for poeple who do! And if you do your math you can see that medical cannabiss will help the state with cash to put back in to this broke state and help patiants suffer less in there final years alive. This plant helps treat the smallest to some of the worst health conditions! No one has ever died from cannibiss in the worlds history! You can bash anything and make it look bad, but you cant bash the truth forever!

Marijuana

Posted by old weed hog, weed heaven - Monday, December 21, 2009 at 10:29 a.m.

Real conservatives are against a police state, where the police impose their morality on the citizens.

Only phony conservatives would say that the government has a right to tell you what you can and can't put in your own body.

Too bad the Republican party was hijacked by the religious nuts and the moralist idiots. Now the party is the very thing that they told us they were not: The worst threat to individual rights in this country.

Everyone is gulty of something

Posted by Steven Aldrich, Mid MI - Tuesday, December 01, 2009 at 3:06 p.m.

Once again we enter into a power struggle with the police, many of whom are more intent of intimidation than protection of citizens.
I once called the police because of my teenage daughter, being a normal teen, dissappeared one night. Two State Police came to my home to "help me find my daughter". I misstakenly allowed them in my home thinking they wanted to protect my daughter. As one officer took my information I disscovered he was more intent on distracting me as the other walked through my home shining a flashlight and walking into my bedroom. When I tried to stop him from entering and search every room in my home.
When I tried to stop the search I was informed that by asking for help from the police and inviting them into my home I could not restrict them from moving freely in my home.
I found my daughter at a freind's home with no help from police. The were to busy tring to find what I was guilty of doing than protecting a 16 year old girl.

Get over it! You work for us!

Posted by Grant Martin, EUP - Monday, November 23, 2009 at 11:30 a.m.

The majority of THE PEOPLE of Michigan voted to allow medical marijuana. It seems the police and certain PA's along with a few state legislators can't handle the fact that they work for us. It's about time we get rid of these so-called public servants, and replace them with people who will focus on more important issues instead of wasting our tax dollars on fighting a victimless "crime". For those of you who think otherwise...if you don't want anything to do with marijuana then by all means, continue what you are doing and everything will be fine, but leave the people who need and want it alone!

title is required

Posted by Connie Jennings, Flint - Thursday, November 19, 2009 at 11:14 a.m.

Any person legally in possession of a prescribed drug has the ability to engage in an illegal activity. Does anyone not know people also illegally sell prescription drugs? Are the police raiding them to see if they're doing something illegal?

:P--

Posted by J.C. ., Traverse City - Tuesday, November 17, 2009 at 9:47 a.m.

What would you do if the LAW said a person had to report every Mexican in town. Not because of illegal immigration but because of what they look like. Not that this would ever happen but WOULD you do it because the LAW says so? If you don't you are an evil bad molester. :P

I guess my point is, does anyone know what "Jury Nullification" is? In a nut shell it says, if you are on a jury and you think a law is JUNK, you can basically say just that. Trial over. THIS IS A WAY FOR THE CITIZENS TO CONTROL THE LAW MAKERS AND INTERPRETERS OF THE LAW!! If all the so called "criminals" the police pull in are excused by the citizens, the police will stop wasting everyone's time.

I encourage anyone to look into this. This is real.
In the good old days the judge had to notify the jury about this ability they had, but soon the people caught on and all the worthless laws where being overridden by the citizens. Not to mention the judge lost a TON of power over the court room. Now days if a lawyer mentions this he will get disbarred. If a judge thinks a jury member is practicing this he will dismiss him/her off the jury.

They say ignorance of the law is no excuse. You try and make sense of all the pages of law; just a portion even. The judge will not tell you the rights you have as a juror. Your lawyer is trying to defend you against a M.J. law, or any law that is ridiculous, can't do anything but the lawyer game.

If people are fed-up with the way things are going, they should look into the rights and authority they have as a juror. You have more power than the judge if you know your rights as a juror and play your cards correctly. We can keep allot of innocent people out of jail.

End this corrupt prohibition they call a Drug War and save some lives. Even something as simple as smoking M.J. is still a belief. You can't force someone to believe the way you do. (Your dad drinks but you don't.) Take honor in being selected for a jury position, don't avoid it.

Jury Nullification is a first step.

psycho sitzema

Posted by Mr Happytree, u.p. - Monday, November 16, 2009 at 6:48 p.m.

Hey Mr.Sitzema sounds like you could use a puff or two,you need to mellow out. p.s. the police are capable of lying.

How many people do you care for?

Posted by Mr. Sitzema, Charlevoix - Monday, November 16, 2009 at 12:36 p.m.

The story says there were 85 plants. Now I realize that most of your brain cells must be damaged by now, but a cutting that has rooted is a plant. If you had more than what you are allowed then you broke the law and must be punished for it. If you or your wife suffers, well, then you should have thought about it beforehand. Ellis you're not above the law are you? Yes 60%+ of the population of the State of Michigan bought into the lies spread about what this iniative was for, but you have to obey the new law like everyone else.

Now here is some items that I would like the state to pass. If a caregiver ever sells marijuana to someone who doesn't have a card, (and its only a matter of time for most of you caregivers), and they get caught. Permanent ban + prison sentence or very stiff fine. If you are caught driving under the influence, suspension of DL, permanent ban. I wouldn't expect you liberals to support this because I don't believe there is a shred moral responsibility between the lot of you, but I am open to being suprised.

A couple of other comments, I would like to know why I or anyone else viewing these comments should believe the Marijuana caregivers over the police, when isn't it likely that you at sometime have distributed/used that product illegally? That makes you a potential criminal/bad guy/evil. By distributing marijuana, you have made it easier for kids to get addicted and/or other drugs, and that makes you as bad as a child molester.

Now don't get me wrong, if scientist's can prove beyond a reasonable doubt that THC is better than any other drug out there for treating certain symptoms, then by all means people should get it. But you shouldn't be allowed to grow it, because that means you now have the ability to sell what is still an illegal product in the U.S. and get away with it. So Ellis don't expect sympathy from me for you or your wife.

.

Posted by Gary Jones, Traverse City - Monday, November 16, 2009 at 10:02 a.m.

Don't forget about the industrial use of M.J. The next time you cry because they cut down a tree for paper, just remember a much better plant to use. Not to mention clothing and rope exet. Very strong. Stronger even. But we would rather increase the cost and have hemp imported instead, and wage a war for nothing but violence and corruption.

The other thing to remember is dealers don't target kids for the most part. They go for the older people. People that will not get them busted. Kids will usually steal it from there parents who don't approve of there children smoking in the first place. If there parents do let them smoke than that's freedom of religion believe it or not.

THE LAW

Posted by jeff ellis, livonia - Sunday, November 15, 2009 at 11:11 a.m.

Mr.Sitzema -We the people of Michigan voted at the polls for this law.67% vs 33% .You my friend are in the minority.For the record i didn,t have too many plants.The majority that voted this LAW into effect will not be presecuted because the minority doesn,t like it.This is U.S.A.If you don,t like the law try and change good luck the people have spoken.Please do not slander my name before you know all the facts.

Pot Wars

Posted by BUZZ OLDBUD, REDDING,CA. - Saturday, November 14, 2009 at 11:53 p.m.

As someone who has made a fortune selling pot since 1964, and has helped your kids stop being alcoholics and Republicans, I fear I will now have to retire with all my ill gotten gains, that I have not had to pay taxes on to support your illegal wars and the lazy cops who go after pot users instead of real criminals. There is so much misinformation going around on the issue that is really all about the culture war going on now on most major issues of the day. The right-wingers out there deserve to eat the crap they spill out their mouths as their kids now get high instead of drinking and smoking cig's. The people who really will hurt are the ones who have been making a killing off of the high prices they have been charging people for years for a plant that is so easy to grow that your grandma could grow it successfully in a flower box with alittle lite and water and fertilizer. Take the profit out of it and that will open the cops time to go out and find real bad guys who are molesting your children.
Stop feeding your face with fast foods and watching your waist grow like a pot plant, and read the facts available on the internet on the positive effects that common folks have reported with the use of cannabis and how it has changed their lives to the positive and how it just makes them just plain feel better. This issue won't ever go away no matter who you put in office as millions of common folk choose pot over pills now. How many times have you heard of a bar room brawl and when was the last time you heard of a pot room brawl? When was the last time you heard of someone who died from smoking to much pot? People wake up and smell the flowers, the voters won't stand by and let lazy cops bust us, and take our land, and make lazy lawyers take our hard earned money that supports the perverted legal system that makes money off the suffering of people who smoke or eat a flowers just to deal with lifes daily problems.

The actions of the police are only unreasonable....

Posted by Mr. Sitzema, Charlevoix - Saturday, November 14, 2009 at 8:12 p.m.

to people who want to get high. I applaud the brave men and women of the police. I'm glad that they stand resolute protecting society the best that they are able to. This MMJ law is a travesty. Bob and people like him were used so as to take us one step closer to a society approving of addiction to drugs.
If you people truly did care for sick people with selfless motivation, then you should be willing to submit to whatever inspections are necessary to prove that you are legal.
After reading some of the posts about electing police friendly to the MMJ law, I can see how you would want a liberal police officer, sympathetic to your cause, who might look the other way when you are caught selling your product to 12 year olds. Has anyone stopped to ask what Ellis was going to do with the extra plants? Did you ever think that maybe the police caught him before he was able to sell his extra product illegally? Of course not, because you would support those actions as well, wouldn't you? But that's why we love you liberals.

This article should be titled

Posted by Wayne Koper, Caro, MI - Friday, November 13, 2009 at 11:54 p.m.

"America's largest gang shakes down legal marijuana patients."
"America's largest gang ignores new medical marijuana law to shake down patients"

Taking their money and property by force through forfeiture laws. This gang has come to rely on this "shake down" revenue to operate their large operations. The gang keeps the booty irregardless of outcome. Even the innocent suffer at their hands. The only gang authorized by law to carry firearms while conducting this type of business. Gotta love it. Scariest part is the courts and legislature approve of and support these unreasonable and archaic laws.

Sensible Crops

Posted by Jason Hafelein, Midland, MI - Friday, November 13, 2009 at 11:24 p.m.

Every Week or two, on the Evening News there is a story about how after countless man-hours, police and Feds finally track-down and bust a Million-dollar Marijuana farm or other stash someplace.

Doesn't anyone realize what HUGE Cash Crop Marijuana could be? It could totally Reverse the Recession if it were properly and Fully legalized and regulated!

Right now- the Feds and various Police crews are working around the clock busting Marijuana operations worth Thousands and Millions of dollars.
Millions of Tax Dollars are being used to pay for the War on Drugs, and millions more are being spent on keeping Marijuana-users and sellers in Prison.

If Marijuana was 100% Legally Farmed in the US, we could Secure our Southern Borders easier. The violent South American and Mexican Drug Cartels wouldn't have any business here any longer.

We could Farm Marijuana just like we do Corn and Wheat and Soy.
It should be our next major E85 Fuel source, plus a source of Fiber for Paper products and Fabric and Rope, as well as used in items such as Adhesives and Sugar...and of course as Regulated Medications, too...

See? instead of Spending Millions of Tax Dollars ON fighting Marijuana, we could be Making Millions of Income and Sales Tax dollars FROM Marijuana...plus providing new Money-making Jobs in a new field of work.

I am not a junkie. I am not even a user of pot. I had tried it years ago, and I understand how it can take the sense and feelings away from pain and other discomfort.

But Marijuana is worth so much more than simply a 'natural medication.'

People sometimes don't realize that Smoking the Bud is not the only way to feel the effects. It can be reduced into a liquid to be made into anything from oils, butters, syrup, and even lozenges.

If they made Marijuana Legal to farm as a Legit crop similar to corn or wheat or tobacco... it Would be Taxable. Mega-Bucks taxable... and a whole new Economy will blossom.

Just look as the huge turn-around that followed the end of Prohibition in the 1930s... If you Legalize Marijuana, then the just like in 1933, organized crime will Lose nearly all of its Market Value. No one is going to smuggle and barter and kill for street-drugs when there are cleaner and better Legal ones available.

If it could be Regulated in a Legal fashion similar to the way that Alcohol and Tobacco and other monitored substances are-- a Lot of progress could be found.

There is nothing evil about Marijuana. The strong desire mixed with the strong resistance against it is what creates the violent and offensive opposition in the world.
If one day, Sugar was made Illegal, you would have the very same Illegal Trafficking and Violence over it, too. Would people with a sweet-tooth be classified as evil, too?

Another Waste Of Tax Payer Dollars

Posted by Steve Snyder, Millington - Friday, November 13, 2009 at 4:10 p.m.

This is totally ridiculous. The man has cards and the bust was wrongful. This is clearly a case where the local law enforcement thinks they are going to show the citizens they are above the law.

The real law breakers here are the police. The Michigan Medical Marijuana Act clearly states that legal patients are not to be harassed because they are patients.

Cops get warrants illegally and almost constantly to bust legal grows in Michigan. What is going on? When I was in school they taught us if we don't like the law then change it. We changed it.

If LE don't like the law they need to try and change it the same way we did. Until then they need to follow the law and protect law abiding citizens instead of terrorizing them.

These officers will NOT be forgotten come election time folks. 63% of the voters are for medical marijuana. Pulling stunts like this is polotical suicide.

In a way we can thank you for showing your faces so we know who not to vote for. We will run strong pro cannabis officers to take your place. They will win because they will have 63% plus of the voters backing them. The fact that these people don't understand that they will be accountable for their actions isn't really all that amazing when you take into consideration that they don't even understand the law and they are supposed to be law enforcement professionals.

between my Doctor and me

Posted by Bob A, Comstock Park - Friday, November 13, 2009 at 12:38 p.m.

I thought we weren’t going to have anyone interfere with the doctor/patient relationship. Don’t tell me that the Government won’t be involved in decisions over my heath when Joe blow think he knows what’s best for me right now. I have chronic pain because of a botched surgery. I can’t take pain pills because they make me sick. MMJ has given me major relief. I would recommend gaining some knowledge on the subject before you make up your mind and stop assuming that ALL mmj users are bad people.

Pain chronic

Posted by Robert Enke, Germany - Friday, November 13, 2009 at 11:46 a.m.

The medicines that are used for bone pain are narcotics findrxonline as opioids such as Vicodin, Lortab, OxyContin, hydrocodone and the doctors that are usually used to combat pain they cause diseases such as homeopathy, fibromyalgia and even cancer In general, these medicines are used mostly is the United States and Europe are controlled because their use can lead to addiction.

No Grey areas.

Posted by Casey Long, Mid Michigan - Friday, November 13, 2009 at 10:20 a.m.

This law has no gray areas. The letter of the law is to protect patients. For some reason the police in certain counties are not following the law. If over zealous police and prosecutes would leave these patients alone it would save the state money. If the police don't have anything better to do than arrest law abiding citizens maybe I don't really mind when funding is cut for law enforcement.

Thank you Chief.

Posted by Mr. Sitzema, Charlevoix - Friday, November 13, 2009 at 10:07 a.m.

For proving that the medical marijuana act is just a front for illegal pot growers. Keep up the good work of keeping us safe from these evil people.

Soldiers needed for Afgahnistan

Posted by mike collins, brighton - Friday, November 13, 2009 at 6:44 a.m.

That's where this Police Chief belongs. Not messing with Legal US citizens.

Sherriff states that the defendant had another purpose than growing mmj, however niether speculates what that use might be.

Furthermore the only evidance they produce shows that they were legally growing mmj.

He concludes they are over in their plant count. Yet never specifies anything AS TO THE CONDITION OF THE PLANTS.
ie: vegeing, flowering, or clones.

Read: they found what appeared to be 87 mmj plants. Patient shows 6 patient cards, thats 12 x 6 = 72 plants. In order to pick twelve plants, you would have to grow twelve more to replace them. This is normally done by cloning, it is not a plant till it has roots. Viola, looks like 87 plnts, really 72! Maybe a grey area? Maybe not. Certainly not a blatant criminal enterprise.

Things must be really slow in Bad Axe. Very unfortunate for some of the sick people there.

illegal location?

Posted by Dan Martin, Port Austin - Friday, November 13, 2009 at 6:38 a.m.

If this was a legal growing operation then why was it located in Hron Cty and not in the county that the grower was from. I believe he was from down state. Hmmmm. I wonder !!!!!!

Illegal warrent

Posted by david oliver, michigan - Friday, November 13, 2009 at 4:24 a.m.

Since when is a tip to police about someones legal activity grounds to issue a warrent. Chief Anderson you your department and the judge that illegally issued this warrent have violated this mans constitutional right to due prosess of law

Illegal Search Warrants

Posted by Larry King, Owosso - Friday, November 13, 2009 at 4:08 a.m.

Test Case Shiawasse County 35th Circuit Court ( Part one )
View What links here Edit
Submitted by Kingpinn on Mon, 10/12/2009 - 08:14

Test Case Shiawasse County 35th Circuit Court ( Part one )
People of the State of Michigan vs Larry King

At a session of said Court held in the Courthouse City of Corunna, Shiawasse County.Onthe 21st day of September 2009

Present: Honorable Gerald D Losstracco 35th Circuit Judge

The Defendant Filed a motion to dismiss based on the Michigan Medical Marijuana Act and a motion to quash the search warrant and bind over.This Court heard oral arguements on September 21 2009 and took the matter under advisement.

FACTS

The facts of the case are not disputed: the police had recieved an anonymous tip that the Defendant was growing marijuana in his back yard. The police then drove to the Defendant's neighbor's driveway. The police using binoculars, were able to observe marijuana plants growing in a dog kennel in the Defendant's backyard. the dog kennel was made of chain link fence covered with black shink wrap. The police were able to see into the kennel where a section of shink wrap had been detached.
The police then apporoached the Defendant'shome,knocked on the door,and asked if the Defendant had a medical marijuana card. Defendant produced bhis card.The police then asked if he would allow them to see the plants. Defendantwent back inside to obtain the key to the kennel. he then went with officers around the house and opened the dog kennel. (All this part is bull shit i never opened the kennel for them they had to ask for a key when they went to kill my plants)
After Defendant opened the kennel, the officers asked if he had more marijuana in the home. Defendant stated he did,but that the officers would need a search warrant.The police then obtained a search warrant and marijuana plants and processed marijuana was found in the home.

ANALYSIS

(1) IS THE SEARCH WARRANT VALID ??

Defendant first argues that the search warrant is invalid because it is based on impermissible hearsay upon hearsay. Acting on an anonymous tip,police drove past the Defendant's property and were able to observe through binoculars that the Defendant hed marijuana growing in his backyard. They approached the defendant and he produced a registry card issued under the Michigan Medical Marijuana Act ( MMMA ).Defendant also allowed the police to view the marijuana plants.
Defendant's argument is without merit. The police acted on the anonymous tip and were able to independently verify the exsitence or marijuana plants on Defendant's property.The Michigan Supreme Court has decided that an anonymous tip may supply probable cause if it sufficently corroborated the information provided by the anonymous tip.
(2) The Defendant argues that the affidavit in support of the search warrant provided a legal conclusion and therefore cannot be the basis for probable cause that a crime was commited.The affidavit in question consist of two pages with three paragraphs.Paragraph three contains several subparts and is the basis of the Defendant's objection. Specifically (3d) contains the statement that the kennel is approximately six feet in height and has no cover/top ,and is in violation of the MMMA.(citation to statute omitted ).
Both the United States Constitution and the Michigan Consitution requires that a search warrant provide specifcity with regards to the places to be searched and objects to be seized. Each warrant shall designte and describe the house or building or other location or place to be searched and property or thing to seized. MCL 780654.Warrant must also contain particularized proable cause for the place and property to be searched.
Probable cause determinations must be made from the facts and circumstances contained within the affidavit,and not from any conclusory statements. The magistrate decision(must be) based on actual facts-- not merely the conclusions of the affidavit.People vs Sloan 450 Mich 160 168-169(1995),overruled on the grounds 460 Mich 118 (1999).
The Michigan Supreme Court held that affording deference to the magistrate's determination, a reviewing court simply must ensure that the magistrate had a substansial basis for concluding that proable cause exsisted at the time of the search warrant was issued.People vs Russo 439 Mich 584 604 (1992).The task of the issuing magistrate is simply to make a practical,common sence decision whether given all the circumstances set forth in the affidavit before him,including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. Illinios vs Gates 462 U S 213 238(1983).

The facts in the affidavit are as follows
(1) police responded to an anonymous tip
(2) police observed marijuana growing in the kennel
(3)Defendant presented a medical marijuana card
(4) a key was necessary to open the kennel's gate
(5) the kennel is approximately six feet tall
(6) the kennel has no cover /top
(7) Defendant advised he had six more plants in the house and he would not allow a search without a search warrant.

In reviewing the search warrant, this Court must be satisfied that the Distric Court Judge had a substantial basis for believeing that proable cause existed at the time the warrant was issued.For the following reasons,this Court concludes that the District Court Judge Lacked a substantial basis for believing that proable cause existed.
The Defendant was in possession of a medical marijuana card.MCL 333.26424(d) sets forth the statutory presumtion that the Defendant,if in possession of a registry card ,and an amount of marijuana that does not exceed the amount allowed under the act,is acting in accordance with the MMMA.the statutory presumption can be rebutted with proof that a defendant's conduct is not in compliance with the MMMA.There are ne allegations that this presumption could be rebutted by Defendant's conduct.
Second,MCL 333.26426(g) provides:

Possession of,or application for,a regisrty identification card shall not constitute proable cause or reasonable suspicion, nor shall it be used to support the search of the person or property of the person possessing or applying for the registry identification card,or otherwise subject the person or property of the person to inspection by any local or state governmental agency

MCL 333.26426(g) specifically prohibits inspections by any local or state governmental agency.
Applying the statutory presumption that the Defendant possessed marijuana for a medicinal purpose in accordance with the Act, This Court must now determine if there was a substantial basis to believe that proable cause existed at the time of the issuance of the warrant.
Assuming compliance by defendant with the MMMA he may possess or manufacture marijuana. The Defendant may also use an affirmative defence to avoid prosecution.When evaluating a request for a search warrant , the magistrate must determine if there is probable cause to believe a crime has been commiitted.The defendant was in possession of a valid registry card and is qualifying patient.The possession of the regisrty card shall not be used to support the search of the property.However, the magistrate must be told if the defendant is a qualifying patient because it affects his analysis of the situation.Therefor ,this Court must review the affidavit in conjunction with the MMMA.
Defendant was in possession of a legal quantity of marijuana.The fact that he refused to allow officers to conduct an inspection search of his home is irrelevant.The law specifically prohibits said inspections. Further, Defendant's statement that he was in possession of an additional six plants does not constitute proable cause---the Defendant is entitled to possess cultivate,etc. marijuana.
The only remaining issue is whether the fact that the marijuana was in a outside kennel with no top or cover amounts to probable cause to believe that the defendant's cultivation of marijuana is illegal.The statute defines an enclosed locked facility to mean a closet room or other enclosed area equipped with locks or other security devises that permit acess only by primary care giver or patient. MCL 333.26423(c).The statute does not provide a definition of enclosed area.
Where(statutory)terms are undefinded(courts) may consult the dictionary to discern thier meaning. people vs Caban 275 Mich App 419 422 (2007) .Blacks Law Dictionary defines enclose as (1) to surround or encompass;to fence or hem inon all sides. Therefore , there was no probable cause to believe a crime had been committed as the Defendant was complying with the statute.
The good faith exception ( to the exclusionary rule) renders evidence seized pursuant to an invalid search warrant admissible as substantive evidence in criminal processdings where the police acted in reasonable reliance on a presumptively valid search warrant that was later declared invalid( internal citation ommitted) People vs Hellstrom. 264 Mich app 187 193 (2204). Accordingly ,suppression of the siezed evdence is not a valid remedy for Defendant.It is so ordered case dismissed

Pointman.In The War On MMJ # 238

Kingpinn's blog

Dr. williams

Posted by B W, Royal Oak - Friday, November 13, 2009 at 1:59 a.m.

Explain to me how anyone in there right mind, thinks this law is working the way it should.

1. Patients/very sick people in constant pain and need medicine. Pain killers are horrible for their livers. So they get a recommendation to use Marijuana by a Physician.

2. A patient must then send in the proper paperwork along with $100.00 to the state.

3. It takes the state about 90 days from the day you mail your app. and money to get your card sent to you. This is an accurate time frame.ask anyone. It's pathetic.

4. patient receives card and then begins the 4-5 month process of growing and indoor crop of marijuana. That is if they have the money, equipment and knowledge to do so.

5. now that a minimum of 8 months have gone by, they only have another 4 months left on their card(since the state makes you renew annually) Before they have to pay again.

6. So more doctors appointments, more forms to fill out and another $100.00 to send to the state. And start the process all over again.

Please explain to me how this is fair for people with cancer/hiv-aids/chronic pain/extreme nausea..the list goes on. We make it impossible for sick people to medicate with a harmless plant...but we'll send them to the corner pharmacy for some frickin Vicodin/oxycontin.

I'm ashamed that this has gone on for a year now. It's truly sad that people wait 90 days for their cards. It's just a tragedy


and for this Idiot police whoever from Bad Axe says that 85 plants is their biggest bust ever is a joke. I could tell when they aired it that those were all half rooted cuttings. any gardner or farmer of any kind will tell you that at least 60 % of those plants wouldn't even be used to produce the medicine or crop. They would be weeded out to make room for the strongest young. Alot of these officers need to back off. People are aloud to use marijuana now legally , so get over it!

- Dr. Williams

Dr. Williams

Posted by B W, Royal Oak - Friday, November 13, 2009 at 1:57 a.m.

Explain to me how anyone in there right mind, thinks this law is working the way it should.

1. Patients/very sick people in constant pain and need medicine. Pain killers are horrible for their livers. So they get a recommendation to use Marijuana by a Physician.

2. A patient must then send in the proper paperwork along with $100.00 to the state.

3. It takes the state about 90 days from the day you mail your app. and money to get your card sent to you. This is an accurate time frame.ask anyone. It's pathetic.

4. patient receives card and then begins the 4-5 month process of growing and indoor crop of marijuana. That is if they have the money, equipment and knowledge to do so.

5. now that a minimum of 8 months have gone by, they only have another 4 months left on their card(since the state makes you renew annually) Before they have to pay again.

6. So more doctors appointments, more forms to fill out and another $100.00 to send to the state. And start the process all over again.

Please explain to me how this is fair for people with cancer/hiv-aids/chronic pain/extreme nausea..the list goes on. We make it impossible for sick people to medicate with a harmless plant...but we'll send them to the corner pharmacy for some fucking Vicodin.

I'm ashamed that this has gone on for a year now. It's truly sad that people wait 90 days for their cards. It's just a tragedy


and for this Idiot police whoever from Bad Axe says that 85 plants is their biggest bust ever is a joke. I could tell when they aired it that those were all half rooted cuttings. any gardner or farmer of any kind will tell you that at least 60 % of those plants wouldn't even be used to produce the medicine or crop. They would be weeded out to make room for the strongest young. Alot of these officers need to back off. People are aloud to use marijuana now legally , so get over it!

- Dr. Williams

I grew up

Posted by Wayne Koper, Caro, MI - Friday, November 13, 2009 at 1:08 a.m.

being taught that the police enforce the law. 63% of the voter's overwhelmingly supported Proposal 1. It is a slap in the face to the citizens of this state that this gang of thugs can harass law abiding citizens. The law was intentionally written to provide the highest legal level of protection to patients and their care givers. There are no gray areas only lack of gray matter.
Example: The law is intentionally written to not allow inspections. Would law enforcement come to your home on a complaint that you possessed more Vicodin than you are legally prescribed and count your pills? How ludicrous. most patients and caregivers understand the awesome responsibility placed upon them by the citizens of Michigan. Forfeiture is the drive behind law enforcement arresting citizens making every effort to be in compliance with this new law.
With time many in this rural area are going to be touched by this. Watching a loved one persecuted for exercising their rights under the law, your neighbors, people otherwise respected in your community. What have they done to deserve this? How sad.

It is just a waste of taxpayer's

Posted by Douglas Orton, Brighton - Friday, November 13, 2009 at 1:07 a.m.

hard earned monies to be spending it on busting medical users and their providers. The sensible thing to do in an instance such as this, would be to remove the excess, as it appears that the caretaker was trying to stay within the law, but simply misinterpreted a 'fuzzy' portion of a grey area. This is a simple minor infraction. "Biggest bust"...what a laugh...bet they say that about every 13 plant bust they make, cuz that is how many plants he was over, if they all had roots, which is questionable. The whole case will be tossed anyway, due to improper issuance of a search warrant. Waste of money...

Medical Marijuana and Law Enforcement

Posted by Daniel Vincer, Jackson Mi - Friday, November 13, 2009 at 12:50 a.m.

Grey areas? There are no grey areas within the law. The Michigan Medical Marijuana Act was written to protect patients and caregivers and it does just that. The problem is that law enforcement doesn't like the law because now they have to ascertain whether or not a person is a mmj patient or caregiver.
Some police officers completely disregard MMMact. In the City of Jackson on November 11, 2009, police forced their way into the home of two very ill patients after one produced a registry card the other produced a doctors certification (MDCH recognizes the certification as a registry card because of the states delay in issuing such cards). The police did not have a warrant. The patients were told that if they did not surrender their marijuana, then their home would be ripped apart until it was found. The patient surrendered about 5 grams of mmj. There are other incidents like this occurring all over the state of Michigan.
The solution is simple, educate law enforcement about the law. They need to learn that patients and caregivers can only be convicted for violating section 7 of the act. Even if a caregiver has more than 12 plants per patient this sentence will protect him,"(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition." The burden of proof is on the state to prove that the caregiver had more than what was reasonably necessary. This would probably require the prosecutor to call the caregivers patients to the stand and ask them how much mmj they need to alleviate their debilitating condition. This would most likely be debilitating to the prosecutors case
Finally, the Bad Axe chief of police would rather rewrite the law to allow inspection and quality control than comply with the MMMAct enacted by voters last November. There are several organizations watching how law enforcement is abusing the civil rights of Michigans citizens and taking notes. Civil suits will be filed on police and municipalities across the state.

many peoples lives wrecked by law breaking law enforcement officers

Posted by israel wilt, mi - Friday, November 13, 2009 at 12:18 a.m.

So there was nothing better to do than wreck several peoples lives...
lets see, someone was growing some plants indoors to be used as medicine for his wife and some other sick people...
oh and its legal to do that now...
who broke the law?
who are the victims of this crime?
wake up people!

Bad Axe

Posted by Ron Klug, Marijauna Ranch - Friday, November 13, 2009 at 12:00 a.m.

Stop waging war on Medical Marijuana


Prop.1 the Medical Marijuana Law passed with 63% of the voters...


The same 63% will vote in 2010!

Attention Huron County Politicians, you will pay at the polls for Bad Axe Police Chief Mike Anderson...

When Public officials do not uphold the law that is tyrannical...When they take away citizens medicine that is a crime against humanity

Door Busting

Posted by Jeff Adams, Thumb Area - Thursday, November 12, 2009 at 11:27 p.m.

I think Law enforcement better get to no the laws and the laws that protect the patients that are suffering because LE did not follow the law themselves. I think the ACLU needs to step in and stop these police violations of our cival rights. The people of MI voted for it to be legal to grow and use here in MI and the police still are arresting and door busting of innocent people. I guess it will take a few good cival law suites againt the LE to get them to stop and get their facts streight before they go and invade some innocent ill persons home. Law says a caretaker can care for 5 patients with twelve plants each for a total of 60 plants or a patient can grow 12 for themselves or have in their home 2.5 ounces of marijuana. Stop the door busting LE and stop the real criminals that are out there,not the medically Ill.

Adverse FX

Posted by Patient Caregiver, Michigan - Thursday, November 12, 2009 at 10:08 p.m.

I recently gave an "informative" speech on Michigans Medical Marihuana Act to my college class. The point of this was not to persuade one way or another, but to explain what is.
I not only circulated this petition but have read the lengthy but yet SPECIFIC and CLEARLY written law several times over. The law not only has common sense restrictions and allowances, but is overly obvious on what is and isn't allowed.
How-ever, I do agree that there is PLENTY of room for growth. It saddens me to see how the state has FAILED to embrace this law and only has TWO people working as program staff. Not to mention the other half of the law that our state was responsible for... ADDING "qualifying conditions" through the petition or request process.
I look forward to us getting over our immaturities and to when we start leading the way for responsibility and cannabis consumption for those who it helps. If the state would get smart we really could pioneer this revolution with! Yet they hesitate to make a FAIR, working, reliable system. So We The People did, to the best for where we were as a nation at that point in time. They frown on it, instead of properly implementing and expanding it. Uneducated mistakes or regression? BLAMING patients and caregivers for a faulty program isn't right.
STOP FIGHTING, START WORKING TOGETHER! Michigan depends on it.

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