Elizabeth,
Thank you; most helpful. As it may help the subcommittee in its study, there were two actions in Hillsdale this week that, while not precedential in other counties, may illuminate the MMMA in two areas:
1. My client, valid caregiver to the CI / patient, charged w 2 Deliveries and subject to "the doubler" under P v Lowe, plus an "enclosure" charge as to rottweiler vs locks and tops, was permitted to plead to:
(4)(k) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.
because the Court found that his sale of .25 pounds instead of 2.5 oz to the CI / patient rendered the CI not to be a valid patient under the act, and so placed the sale outside of the protections of the MMMA.
2. The Probate Court granted my motion for an amendment to its Order prohibiting mj use because my client showed valid registry under the MMMA. Further, dismissed one show cause under a section 8 affirmative defense after exploring the patient relationship and 5 show causes under section 4. The Court also established a theraputic level for this patient of 50 ng/ml.
One way or the other, the provisions of the MMMA are being "inked in." I should only note, that when I was an engineer we did not test new machines on human subjects. Imagine my surprise to learn that the law tests new law ONLY on human subjects! Have a fine spring weekend!
BFP Barry F. Poulson b.poulson@computer.org http://www.poulson.com
--- On Fri, 3/18/11, Elizabeth Lyon <ELYON@mail.michbar.org> wrote:
From: Elizabeth Lyon <ELYON@mail.michbar.org>
Subject: Medical Marihuana Case Law Summary
To: "Michael Gordner" <mgordnerlaw@bellnet.ca>, "John Boufford" <john@bouffordlaw.com>, "Richmond Riggs" <rriggs@co.genesee.mi.us>, "Abed Hammoud" <ahammoud@co.wayne.mi.us>, "Angela Povilaitis" <apovila@co.wayne.mi.us>, "Julie Powell" <jpowell1@co.wayne.mi.us>, "Barry Poulson" <b.poulson@computer.org>, "Donna McKneelen" <mckneeld@cooley.edu>, "Samuel Smith" <smiths@courts.mi.gov>, "Donald E. McGinnis, Jr." <dmcginnis@dmcginnis.com>, "Daniel Corrigan Grano" <dgrano@floodlawcenter.com>, "Nichole Jongsma Derks" <nderks@fosterswift.com>, "Jenna Bonmarito" <lawofficeassistant1@gmail.com>, "John Livesay" <livesayj48@gmail.com>, "John Freeman" <formerfedlawyer@hotmail.com>,
"Kimberley Reed Thompson" <kdrr@hotmail.com>, "Hon. David Hoort" <dhoort@ioniacounty.org>, "Erika Julien" <esjulien@julienlaw.com>, "J. McKay" <Kevin.McKay@kentcountymi.gov>, "Gretchen Schlaff" <gretchen.schlaff@macombcountymi.gov>, "Carrie Sharlow" <CSHARLOW@mail.michbar.org>, "James Heath" <HeathJ@michigan.gov>, "Haytham Faraj" <haytham@puckettfaraj.com>, "Adam Mittman" <miattorney@tds.net>, "Timothy Havis" <hlopllc@yahoo.com>, "John Jarema" <johnajarema@yahoo.com>, "Paul Bukowski" <paulbukowski@yahoo.com>
Date: Friday, March 18, 2011, 2:16 PM
Committee Members:
At yesterday's meeting, you requested a copy of the case law summary provided by PAAM. Please see the attached.
Have a great weekend,
E
Elizabeth K. Lyon
Director of Governmental Relations
State Bar of Michigan
Michael Franck Bldg.
306 Townsend St., Lansing, MI 48933
Phone: 517/346-6325 Fax: 517/482-6248
Email: elyon@mail.michbar.org >>> On 3/10/2011 at 2:10 PM, Carrie Sharlow wrote:
Committee Members:
The next meeting of the Criminal Jurisprudence & Practice Committee has been scheduled for Thursday, March 17, 2010 from 2 to 4 PM. We will be meeting at the State Bar of Michigan Building at 306 Townsend St in Lansing. If you are unable to attend in person, the call in number is 1-877-352-9775 and the pass code is 9152168764#. An agenda will be emailed shortly
Please indicate your attendance by person or phone by replying to my email by Monday, March 14th for quorum purposes.
Sincerely,
Carrie Sharlow
Carrie Sharlow
Administrative Assistant
Governmental Relations
State Bar of Michigan
Michael Franck Building
306 Townsend St., Lansing, MI 48933
Phone: 517/346-6317 Fax: 517/482-6248
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