Judge Okays Defendants' Use Of Medical Marijuana, Marijuana Business Can Continue

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Defendants charged last week in a raid at a Ferndale medical marijuana business can continue to use medical marijuana if they are state-certified patients, said the judge overseeing the case.

"If they need marijuana for their health they can use it just as they could continue to use insulin if they were a diabetic or a pain pill if they had back surgery," said Ferndale 43rd District Judge Joseph Longo on Friday.

Longo on Thursday delayed preliminary hearings for 10 defendants who are owners or employees at the Clinical Relief dispensary on Hilton Road. The issue of prohibiting medical marijuana to defendants did not come up in court as a condition of their bonds at Thursday's hearing.

The defendants are free on personal bond on felony charges of delivery and manufacture of marijuana. Authorities say the defendants violated the state medical marijuana law by illegally growing and selling marijuana.

Waterford 51st District Judge Richard Kuhn Jr. ruled Tuesday that medical marijuana use for

10 people charged in similar raids was a violation of their bond, even for those who are state-certified patients.

The Oakland County Sheriff's Narcotic Enforcement Team made raids at dispensaries Aug. 25 in Oakland and Macomb counties.

Longo said when the defendants in the Ferndale cases were arraigned last week before Ferndale Magistrate Jim Patterson, the issue of prohibiting medical marijuana to defendants who are legitimate patients never came up as a condition of their bonds.

"No one from the prosecutor's office asked that their use of marijuana be restricted," Longo said. "The prosecutor on Thursday didn't ask for an amendment of the defendant's bond so it is perfectly legal for them to use" medical marijuana.

Longo said he is not troubled by his divergence from Judge Kuhn's ruling in the Waterford cases.

"I don't know the nature of the cases in his court," Longo said. "Every judge has his own viewpoint on bond conditions given the facts of each case. In my cases it is not an issue anyone has brought up."


NewsHawk: MedicalNeed: 420 MAGAZINE
Source: The Oakland Press : The best place for news in and around Oakland County
Author:MICHAEL P. McCONNELL
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