Doctor's Note Enough To Grow Pot, Judge Rules

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  Doctor's Note Enough To Grow Pot, Judge Rules

Posted by CN Staff on June 17, 2009 at 10:15:42 PT
By Megha Satyanarayana, Free Press Staff Writer  
Source: Detroit Free Press 

Michigan -- After testimony from a Southfield clinic doctor who recommends medical marijuana, a judge in the 43rd District Court in Madison Heights has dismissed felony manufacturing charges against a Madison Heights couple, who were growing plants they thought were legal under the state’s medical marijuana law.At issue was whether Robert Redden, 59, and Torey Clark, 47, could use a letter from their doctor as authorization to grow a legal number of plants in the absence of the state-sponsored ID program.
The couple and their attorneys Matthew Able and Bob Mullen argued that the letter, which the couple received March 3, was sufficient, whereas Madison Heights police and the Oakland County prosecutor’s office said it was not.Judge Robert J. Turner reluctantly dismissed the charges, calling the voter initiated legislation “the worst piece of legislation I’ve ever seen.” In March, police seized 21 plants from the couple. Redden and Clark were among the almost 2,000 people who applied to use and grow medical marijuana in Michigan. They were also among the roughly half who fell into a legal black hole where they had letters from doctors recommending the use of marijuana, but not the state-issued cards that make it legal. The law went into effect in 2008 after the ballot calling for it passed in the November elections. However, some people who have cards now face legal questions because the state took months to launch its ID program after the law went into effect. Redden and Clark did not have an ID card because of the delay. "There hasn't been quite the degree of confusion as in the Michigan program, " said Dan Bernath, a spokesman for the Washington-based Marijuana Policy Project, about the other states the group has guided in starting medical marijuana programs. Medical marijuana advocates maintained a doctor's letter is sufficient to prevent prosecution for small amounts of marijuana, but state health officials disagreed saying that the applicants had to wait until the program was established. The mandated state identification card program went into effect in April.Source: Detroit Free Press (MI)Author:  Megha Satyanarayana, Free Press Staff Writer Published: June 17, 2009Copyright: 2009 Detroit Free PressWebsite: letters freepress.comURL: Medical Marijuana Archives 

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Comment #19 posted by juztbudz on June 18, 2009 at 14:46:12 PT:
An entertaining day
I attended the final day of this debacle. The Asst. PA was flummoxed to say the least. She shot several shots across the bow, but made no direct hits! Her attempts to discredit Dr. Eisenbud were fruitless, her attempt to hold up the process further by requesting a delay was feeble and in the end she could not hold her own against the fine defense attorneys she was allayed against. The judge showed a bit of dismay in his decision, but in the end made the only decision that would stand, case dismisal. It is unfortunate that Robert and Torey were forced to be "Test Case #1" in Michigan, as it caused them alot of mental anguish, poor Torey lost nearly 45 lbs. throughout the ordeal, but it is now supposedly over (we'll see what happens, there is the possibility of appeals, and there will likely be a civil case concerning the plants and equipment losses). At least they can now start thier grow again and become the self-reliant folks that they strive to be. Strike another blow for freedom!
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Comment #18 posted by GeoChemist on June 18, 2009 at 04:51:11 PT
Aggravated cultivation of marijuana?
So, how does one cultivate a marauding Mexican? 
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Comment #17 posted by BGreen on June 17, 2009 at 21:23:13 PT
I may have been wrong
I've heard Dr. Gupta so many times over the years vilifying cannabis and acting as a cheerleader for cannabis prohibition that I posted based on what he has said in the past without watching his latest broadcast.If he's changed his tune then I will take back my criticisms and welcome him into the club.The Reverend Bud Green
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Comment #16 posted by BGreen on June 17, 2009 at 21:00:45 PT
Gupta vs. Russo
Dr. Sanjay Gupta is a neurosurgeon and Dr. Ethan Russo is a neurologist. Both are considered tops in their fields and a debate between the two regarding the subject of cannabis would be enlightening.The old-timers here at CNews know exactly how blessed we used to be to have such a renowned medical expert as a regular poster here. We could ask questions and he was kind enough to take his valuable time to deal with us like we were worth more than throwaway animals needing to be caged.Of course, history shows us that the chances of a debate with medical experts on both sides will probably never happen. No offense to Rob Kampia, et al., but regardless of how dedicated and competent they are (and they are, God bless them,) they're still just lobbyists.Dr. Russo went to work for GW Pharmaceuticals and no longer posts here. He's still working for legalized whole-plant medical cannabis, but he chose the path that he felt would uphold his dedication to medical cannabis research, getting cannabis medicines to all of the sick people his research showed could benefit from this miraculous plant.Considering GW Pharm. does research on whole-plant extracts and NOT these freaky isolated and synthesized cannabinoid drugs, we can easily extrapolate the findings from the GW Pharm. research to organic cannabis plants with a similar cannabinoid profile, provided the delivery method chosen to consume the cannabis doesn't include combustion.Through that knowledge, combined with the proven results from the multi-phase drug testing performed by GW Pharm., we can easily see that the same hypothesis presented by Dr. Russo as a CNews poster has been supported by this research.Therefor, any post written by Dr. Russo here at CNews retains it's truth and validity, allowing Dr. Russo to still speak for the cannabis plant regardless of his current job restrictions.So we really do have an opportunity to have a debate between Dr. Gupta and Dr. Russo by comparing their written words.Dr. Gupta is a neurosurgeon with years of experience, many of those as a TV personality. Dr. Gupta has been proven to have lied on several occasions regarding Michael Moore and his movie Sicko, called out on the air by Michael Moore.Dr. Russo is a neurologist with years of experience, many of those as a leading researcher in the field of medical cannabis. In his words from 2002, Dr. Russo is a "clinical neurologist, researcher, and editor with Franjo Grotenhermen of the book, Cannabis and Cannabinoids: Pharmacology, Toxicology and Therapeutic Potential." Russo has comparable medical credentials to Dr. Gupta but possesses a professional knowledge of the subject of cannabis that Dr. Gupta simply doesn't.Dr. Russo disagrees, through his many postings here on CNews, with almost everything Dr. Gupta falsely proclaims as absolute truths. Dr. Russo, once again through his own words, agrees more with Rob Kampia than with Dr. Gupta.It's just a shame that CNN lacks the credibility to present a legitimate debate. Instead, they present a psuedo-expert who has been caught misleading viewers in the past to lecture us with propaganda.I don't watch CNN anymore and this exemplifies many of the reasons why.The Reverend Bud Green
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Comment #15 posted by gloovins on June 17, 2009 at 15:51:20 PT

What happened to judging a person's GUILT or INNOCENCE?? These drug warrior prohibs love to say, "if you don't like the law, change it..." Well, 63% of the Mich voters voted to do just that. Hey Judge Turner, quit picking on your own sick fellow citizens, keep your opinions of the law to yourself, and last but not least SHUT THE **** UP!Peace = )
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Comment #14 posted by josephlacerenza on June 17, 2009 at 15:10:42 PT

"...aggravated cultivation of marijuana." WTF Were they yelling at their plants to grow faster and the next door neighbors heard them??? We all know how getting aggro with your plants makes for some of the KINDESS smoke LoL!!! What a charge to have against you. Well I think I've heard it all!!!
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Comment #13 posted by FoM on June 17, 2009 at 14:51:10 PT

Audio Report: Maine Public Broadcasting Network
Marijuana-Growing Charge Lands in Maine Supreme Court Reported By Susan SharonJune 17, 2009 The Maine Supreme Judicial Court today heard arguments in the first challenge to the state's medical marijuana law. Longtime marijuana activist Don Christen is appealing a 2007 felony conviction for aggravated cultivation of marijuana. Christen and his attorney are arguing that a Superior Court judge improperly instructed the jury in the case. They think Maine's medical marijuana law needs clarification.URL:
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Comment #12 posted by FoM on June 17, 2009 at 14:40:56 PT

Rob Kampia on AC360
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Comment #11 posted by FoM on June 17, 2009 at 14:35:34 PT

You're very welcome. 
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Comment #10 posted by yoshi on June 17, 2009 at 14:33:50 PT:

FoM, thanks for Bill Bennett Cnn debate link
Thanks for posting that one yesterday, I'm sure you know that it has been widely reported that he had over 8 million in Las Vegas gambling losses. This is a man who after being Reagan's drug czar is best known for his bestseller"Book of Virtues" and touring the country making speeches on morality for tens of thousands $$$ each. Not to mention he's extremely obese.
Hard to believe he still shows his face in public, he has no credibility. 
When I first got on the web in 1999 (a little slow), this was one of the first sites I came across, thanks for all you do
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Comment #9 posted by HempWorld on June 17, 2009 at 14:10:18 PT

Dr. Sanjay Gupta will only highlight the 'detrimen
al' effects of marijuana because he is against it. Otherwise he would lose his job at CNN.Dr. Sanjay Gupta is a neuro surgeon and he should know better, but this is all about job protection and propagation.
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Comment #8 posted by HempWorld on June 17, 2009 at 14:07:22 PT

Eric Holder just gave the additional authority to
investigate drug cases to ICE. (Immigrations Customs Enforcement) This authority used to belong to the DEA exclusively.So basically the DEA has doubled, or tripled, in size as of today!Just wanted to make sure you guys know! This concerns us all.
Legalize It!
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Comment #7 posted by FoM on June 17, 2009 at 14:02:31 PT

AC360: Tonight: Text 360°
June 17, 2009Some say there are therapeutic benefits to smoking marijuana for medical purposes, others argue that it is ineffective, unsafe and detrimental to overall health. What is the current medical opinion of smoking pot? Will smoking marijuana help you or hurt you?Dr. Sanjay Gupta will be on our show tonight to discuss the health effects, or detriments, of marijuana.Do you have questions for him about the merits of using marijuana for medical purposes? Let us know!Send us a text message with your question to 94553, and you might hear it on air!URL:
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Comment #6 posted by dongenero on June 17, 2009 at 12:22:34 PT

big govt or little govt
These conservative prohibitionists are the same ilk that like to verbally rail against government being involved in virtually anything. They are quoting Reagan brain farts like "government is the problem not the solution". Of course that ideology only ramps up when they are largely out of power. Kind of like conservative ideology regarding state's rights. It's only their ideology when it fits their political goals at the moment.Funny how conservatives will then be the first to try and place big government as an obstacle against such democratically and voter established legislation.Turncoats.
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Comment #5 posted by HempWorld on June 17, 2009 at 11:44:26 PT

state health officials disagreed saying that the a
pplicants had to wait.Yeah, but my disease doesn't 'wait.' So what about that?In this country, the USA, judges and police and often the legislature gets to decide who gets medicine and who does not instead of a qualified doctor.These people (police and judges and the judicial and legislature) have no medical training and they are using this issue to punish sick people. Because in their own ignorant and biased opinion, add to that job protection, they are unnecesarily cruel. But hey that is the law of the land of USA. That is how prosecutors and police get promoted' by being a rabid prohibitionist!When I was in court several months ago the judge ruled against the law (i.e. this is highly illegal but a 'judge' did it, and to appeal this would cost me $20,000 my lawyer advised me not to do it) to punish me because he learned from my e-mail address on the documents that I was a hemp activist. This is hemp and not even marijuana!And by the way, see Anderson Pooper; 'Healthcare' is already abysmal and over the cliff in this country. Whereas 'the media' and US politicians in general have no clue that the public and private health systems and the marijuana prohibition are intimately connected.Don't quote me, it is a BIG 'secret' and nobody gives a damn.
Legalize It!
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Comment #4 posted by observer on June 17, 2009 at 11:21:23 PT

Worst Piece of ...
Judge Robert J. Turner reluctantly dismissed the charges, calling the voter initiated legislation "the worst piece of legislation I’ve ever seen."The "worst piece of legislation" - which forces the judge to free the evil pot smokers...Let me guess what the judge considers good legislation: laws that let the good judge railroad marijuana smokers into jail and pitchfork potheads into prison as fast as possible? Would those be good laws in the good judge's judgment? I'm not saying this particular judge gets a nice stream of kick-backs ($$$) from the private prison industry - just like many other judges do. But it is hard to say. Mock-concern for "the children" hideth a multitude of corruption. 

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Comment #3 posted by fight_4_freedom on June 17, 2009 at 10:41:59 PT

The charges against Bob and Torrey
dismissed!!!! I was unable to attend this morning but just heard the good news from another advocate. This is a big victory for Bob, Torrey, and the entire medical cannabis community of Michigan.
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Comment #2 posted by FoM on June 17, 2009 at 10:26:41 PT

I am so happy that we have an administration that seems to be helping spead common sense all around the country. I see the importance of a calm, intelligent and even funny president. It's contagious. I love this video. I know there are people on CNews who don't like Obama but darn this was funny to me.Obama Kills Fly Like a Ninja!
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Comment #1 posted by MikeC on June 17, 2009 at 10:17:30 PT

Common sense is on a roll!
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