MI:Man Charged For Growing Medical Marijuana

[vta]

URL: http://www.mapinc.org/drugnews/v09/n428/a10.html

Source: Detroit News (MI)


MADISON HEIGHTS MAN CHARGED FOR GROWING MEDICAL MARIJUANA

MADISON HEIGHTS -- An arrest warrant has been issued for a Madison Heights man who claims he has a legal right to possess 21 medical marijuana plants in his home.

Robert L. Redden is named in a warrant charging him with manufacturing 20 to 200 marijuana plants. Redden is also charged with being a repeat offender for having a prior marijuana conviction in March 2006.

Madison Heights police used a battering ram to break down Redden's front door March 30 to investigate a tip about someone growing marijuana in the home.

Redden, 59, told police he suffers from bone disease and two deteriorating hips, and was told by doctors that medical marijuana would ease his pain. He showed police officers documents he obtained from the nonprofit Hemp and Cannabis Foundation, which opened its first clinic in Michigan in December in Southfield. A doctor there qualified Redden and gave him a document to use medical marijuana, and from there he started plants from seeds in early March.

Police did not arrest Redden but seized the plants, some cash and some paperwork. At the time, Police Chief Kevin Sagan acknowledged he didn't know whether Redden broke the law, since rules for marijuana possession in Michigan under the state's new medical marijuana law had not been laid out yet by health officials.

Some of the plants belonged to Redden's girlfriend, who is also being charged, according to court records.

Madison Heights deputy police chief Anthony Roberts was unavailable for comment this morning.

 

[ocean99]

So now it starts for you guys... Have fun with that shit. Condolences from Cali.

 

[danut]

Bob and Tori have now been charged with felonies.

Bob has been convicted before with felony growing. He spent a year in jail and had his house taken from him.

It cost them $60,000 to get their house back.

There is a very good probability that Bob and Tori will get their money back with interest.

 

[FirstTracks]

First of all, my thoughts and prayers go out to Bob and Tori.

Second, they sure better get their money back. I didn't see anything about trafficking or scales or the like. No reason to seize cash IMHO, other than the 'take everything we can' mentality that some officers of the law seem to have ingrained in them.

O yea, way to go stealing someone's medicine.........glad tax dollars are being spent wisely.

 

[nnnnghhhhgnnngh]

Police did not arrest Redden but seized the plants, some cash and some paperwork. At the time, Police Chief Kevin Sagan acknowledged he didn't know whether Redden broke the law

regardless of whether they had been charged later this is bullshit

So police didn't know whether he broke the law but broke into his house and seized his property anyway? Nice

 

[Strainbrain]

Yeah, nnnn... that's what got me. If you're not sure whether or not the guy's even breaking the law, why does it seem appropriate to batter down his door and seize his property?

-s

 

[xOOx]

since when is just a tip enough to bash someones door down with a battering ram? i'm surprised nobody has started attacking those police, or the judge that signed a no-knock warrant on a TIP -- especially in a state that has a medical MJ law on the books, right?

wtf?

xUUx

 

[Darkstarlive]

If they don't know if any laws were broken, then why did they raid this guys house??

Peace..

 

[danut]

So now it starts for you guys... Have fun with that shit. Condolences from Cali.

Thank you from MI

We will do our very best to make examples of this city.

With the history set for us by CA, this should be a short transistion.

 

[danut]

So police didn't know whether he broke the law but broke into his house and seized his property anyway? Nice

Nice of them to be so stupid.

Now how that will sound to the jury during the lawsuit?

That city is toast. The chief of police should be fired just for that single comment. The cop that busted open the door should fired also.

A cancer patient and a disabled VietNam vet?

The lawyers were in vulture like holding patterns flying low overhead. Pro Bono? No problemo.

 

[Bodhita]

It's hard to explain in words how angy I get when i read news like this...

Best of luck to you, Robert and Tori.

 

[CaptainTrips]

If they don't know if any laws were broken, then why did they raid this guys house??

Peace..

Its what pigs do... not like anything serious will happen to them even if there was some misconduct.

 

[teddybud]

hmmm grow some more plants?

 

[danut]

Its what pigs do... not like anything serious will happen to them even if there was some misconduct.

One positive outcome is that they have at least read the law now.

 

[I N Hail]

Another fine example of "Your guilty till proven Innocent" WTF

Good luck Bob and Tori ,Make them pay!!!!!


I N Hail

 

[dank.frank]

Well, the one thing that is failing to be mentioned here, is that even though he has a medical recommendation, the state had not at this time issued ANY valid medical cards and he was in fact, growing without a registry identification card. Even though the law was passed in November, and was immediately in effect, there were no standards or regulations for said law established or in tact legally until the first part of April. The plant limits for the state of MI are 12 per legal medical patient...he would be considered above plant limits therefore breaking the law. It says nothing about his girlfriend and if she is in fact a cannabis user under the authority of a doctor, if she is, then the plant limit should have been 24. But this still means that each grow for the individuals can STILL only have 12 plants and should be in their OWN growing area. So this means, each person must have their own separate cabinet / room...that is able to be locked.

That is what the law says. If he broke the law, then it is the first example of someone abusing the law and attempting to take advantage of the system...and it is unfortunate. HOWEVER, I hope beyond hope, that nothing was being done outside of the provisions made in the law, and that he is able to use this to his advantage in court, as he was obviously an individual using cannabis for medical reasons, approved by a doctor.

Hope all is worked out here....but this should remind people to KNOW THE LAW...and stay with in the details of said law!



dank.Frank

 

[Pops]

It is unfortunate,dank.frank, that here in Cali, the cops know the law.....and IGNORE it!

 

[danut]

Well, the one thing that is failing to be mentioned here, is that even though he has a medical recommendation, the state had not at this time issued ANY valid medical cards and he was in fact, growing without a registry identification card. Even though the law was passed in November, and was immediately in effect, there were no standards or regulations for said law established or in tact legally until the first part of April. The plant limits for the state of MI are 12 per legal medical patient...he would be considered above plant limits therefore breaking the law. It says nothing about his girlfriend and if she is in fact a cannabis user under the authority of a doctor, if she is, then the plant limit should have been 24. But this still means that each grow for the individuals can STILL only have 12 plants and should be in their OWN growing area. So this means, each person must have their own separate cabinet / room...that is able to be locked.

That is what the law says. If he broke the law, then it is the first example of someone abusing the law and attempting to take advantage of the system...and it is unfortunate. HOWEVER, I hope beyond hope, that nothing was being done outside of the provisions made in the law, and that he is able to use this to his advantage in court, as he was obviously an individual using cannabis for medical reasons, approved by a doctor.

Hope all is worked out here....but this should remind people to KNOW THE LAW...and stay with in the details of said law!



dank.Frank

A couple of errors there.

Yes they both have their paperwork.

No the law does not say they have to be kept in separate areas.

The plants have to be kept in an enclosed locked area. That area has to limit access to only A patient or Acaregiver.

The law does NOT say access only to THE patient or THE caregiver.

This law went into effect on 12/4/2008. The protection provided to the medical marijuana patient between the time of the effective date of the law and the date of the state issuing ID cards is called the affirmative defense section of the law.

The AD section of the law has been applied retroactivly in several cases already. That is cases where the arrest took place before November of 2008 BEFORE THE ELECTION have been tossed out with only a doctors letter for evidence.

The police have broken the law and the court continues to break the law in this case.

 

[danut]

I know of at least five lawyers that want in on this case.

 

[danut]

The limits that are established by the law:

Under the strict limits for protection under the ID card section of the law:
12 plants and 2.5 oz per patient.

This level of protection is not available yet as there have been no ID cards issued by the state yet.

Under the affirmative defense section the limits are different:

section 8(a)(2)(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition

"Reasonable" is what is in effect right now!

Within the next few days the limit, for the protections under the ID card of the law, will be that 12 plants and 2.5oz per person. And then, if a patient is over that limit, the AD section of the law kicks in. Back to "reasonable."

The voters of the state of Michigan decided that 12/2.5 is a reasonable amount for ANY MEDICAL CONDITION THAT QUALIFIES.