Prosecutors were ready to move forward with their case Wednesday against a Madison Heights couple accused of illegally growing marijuana, but lawyers convinced a judge they need more time to prepare a defense under Michigan's medical marijuana law.
Attorneys for Robert Redden and Torey Clark said Wednesday they plan to challenge the search warrant and affidavit filed by Madison Heights Police in the case and to file a motion outlining the couple's defense against the felony charges.
Redden and Clark are physician-certified to use medical marijuana to treat their health problems and are seeking immunity from prosecution under the Michigan Medical Marijuana Act, which was approved statewide by voters Nov. 4.
Defense attorney Matthew Abel said the charges should be dismissed because Redden and Clark were legally permitted to possess the plants on March 30, the day police entered their home. Abel says the law took effect Dec. 4, according to the language of the statute -- not April 4, which was the day the state released its regulations on the law.
On Thursday, state officials further clarified their stance on the legal necessity of state-issued ID cards for medical marijuana users by saying patients are required to be registered and have the IDs. James McCurtis, Community Health Department spokesman, said that while the language of the statute does not specifically state this, "it is understood you need to have your card on your person to be protected under state laws."
Redden and Clark are charged with manufacturing more than 20 marijuana plants. They each face a double penality -- 14 years -- due to criminal records involving drugs.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Detroit News
Author: Jennifer Chambers
Contact: The Detroit News
Copyright: 2009 The Detroit News
Website: Madison Heights Couple Challenge Warrant in Medical Marijuana Case
Attorneys for Robert Redden and Torey Clark said Wednesday they plan to challenge the search warrant and affidavit filed by Madison Heights Police in the case and to file a motion outlining the couple's defense against the felony charges.
Redden and Clark are physician-certified to use medical marijuana to treat their health problems and are seeking immunity from prosecution under the Michigan Medical Marijuana Act, which was approved statewide by voters Nov. 4.
Defense attorney Matthew Abel said the charges should be dismissed because Redden and Clark were legally permitted to possess the plants on March 30, the day police entered their home. Abel says the law took effect Dec. 4, according to the language of the statute -- not April 4, which was the day the state released its regulations on the law.
On Thursday, state officials further clarified their stance on the legal necessity of state-issued ID cards for medical marijuana users by saying patients are required to be registered and have the IDs. James McCurtis, Community Health Department spokesman, said that while the language of the statute does not specifically state this, "it is understood you need to have your card on your person to be protected under state laws."
Redden and Clark are charged with manufacturing more than 20 marijuana plants. They each face a double penality -- 14 years -- due to criminal records involving drugs.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Detroit News
Author: Jennifer Chambers
Contact: The Detroit News
Copyright: 2009 The Detroit News
Website: Madison Heights Couple Challenge Warrant in Medical Marijuana Case
