Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A judge denied a defense attorney's request Thursday to dismiss marijuana charges lodged against his client, who claims he needs the illegal drug for medicinal purposes.
Livingston County District Judge L. Suzanne Geddis said defendant Michael Francis Collins could not retroactively apply the state's medical marijuana law, and she denied his request to dismiss a charge of possession of marijuana lodged against the 52-year-old man.
Collins' attorney, L. Bert Beurmann, immediately told Geddis that he will appeal her decision to the county Circuit Court. He declined to discuss the case after the hearing.
Collins was charged after county sheriff's officials discovered marijuana in Collins' home on Skyview Court in March. The find came after the officers went to the home to arrest a relative of Collins' who was wanted on an outstanding warrant.
Beurmann argued Collins could not be charged because the state Department of Community Health issued his client a registration card April 21 under the state's Medical Marijuana Act that says he can use marijuana to treat his Hepatitis C. He wanted an evidentiary hearing to prove his client's claim.
Section 8 of the law grants an affirmative defense and dismissal of criminal charges to patients under the act.
Michigan's medical marijuana law went into effect in December, but prosecutors argue it did not take full effect until the following April when rules for the state identification cards needed to verify a person was using marijuana for medicinal purposes were available.
As a result, Assistant Prosecutor Angela Del Vero said the state law could not be applied retroactively and that Collins was not entitled under the law to the hearing he sought.
To support her argument, Del Vero pointed to the case of Ryan Andrew Burke, a Hartland Township man charged with possession of marijuana with intent to deliver, a four-year felony, and a misdemeanor charge of possession of marijuana after undercover narcotics officers received a tip Aug. 18, 2008, that he was growing marijuana at his Pine Hill Trail home.
Burke also is arguing his alleged marijuana is for medicinal purposes. In Burke's case, Circuit Judge David Reader ruled in April the medical marijuana law cannot be applied retroactively.
The Michigan Court of Appeals in August declined to hear Burke's appeal and the case is currently set for a Sept. 18 status conference before Reader.
Beurmann said Reader's decision in the Burke case does not apply because Burke was arrested more than 100 days before the law went into effect, whereas his client's alleged offense occurred more than three months after the law went into effect.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2009 Livingston Daily Press & Argus
Contact: livingstondaily.com | Howell Online Feedback | Livingston Daily
Website: livingstondaily.com | Livingston Daily | Howell news, community, entertainment, yellow pages and classifieds. Serving Howell, Michigan
Author: Lisa Roose-Church
Livingston County District Judge L. Suzanne Geddis said defendant Michael Francis Collins could not retroactively apply the state's medical marijuana law, and she denied his request to dismiss a charge of possession of marijuana lodged against the 52-year-old man.
Collins' attorney, L. Bert Beurmann, immediately told Geddis that he will appeal her decision to the county Circuit Court. He declined to discuss the case after the hearing.
Collins was charged after county sheriff's officials discovered marijuana in Collins' home on Skyview Court in March. The find came after the officers went to the home to arrest a relative of Collins' who was wanted on an outstanding warrant.
Beurmann argued Collins could not be charged because the state Department of Community Health issued his client a registration card April 21 under the state's Medical Marijuana Act that says he can use marijuana to treat his Hepatitis C. He wanted an evidentiary hearing to prove his client's claim.
Section 8 of the law grants an affirmative defense and dismissal of criminal charges to patients under the act.
Michigan's medical marijuana law went into effect in December, but prosecutors argue it did not take full effect until the following April when rules for the state identification cards needed to verify a person was using marijuana for medicinal purposes were available.
As a result, Assistant Prosecutor Angela Del Vero said the state law could not be applied retroactively and that Collins was not entitled under the law to the hearing he sought.
To support her argument, Del Vero pointed to the case of Ryan Andrew Burke, a Hartland Township man charged with possession of marijuana with intent to deliver, a four-year felony, and a misdemeanor charge of possession of marijuana after undercover narcotics officers received a tip Aug. 18, 2008, that he was growing marijuana at his Pine Hill Trail home.
Burke also is arguing his alleged marijuana is for medicinal purposes. In Burke's case, Circuit Judge David Reader ruled in April the medical marijuana law cannot be applied retroactively.
The Michigan Court of Appeals in August declined to hear Burke's appeal and the case is currently set for a Sept. 18 status conference before Reader.
Beurmann said Reader's decision in the Burke case does not apply because Burke was arrested more than 100 days before the law went into effect, whereas his client's alleged offense occurred more than three months after the law went into effect.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2009 Livingston Daily Press & Argus
Contact: livingstondaily.com | Howell Online Feedback | Livingston Daily
Website: livingstondaily.com | Livingston Daily | Howell news, community, entertainment, yellow pages and classifieds. Serving Howell, Michigan
Author: Lisa Roose-Church
