Pubdate: Wed, 15 Apr 2009
Source: Detroit News (MI)
Copyright: 2009 The Detroit News
Contact:  http://detnews.com/
Details: http://www.mapinc.org/media/126
Author: Jennifer Chambers, The Detroit News
Cited: The Hemp and Cannabis Foundation http://thc-foundation.com/michigan/
Bookmark: http://www.mapinc.org/topic/Michigan+Medical+Marijuana
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/topic/Hemp+and+Cannabis+Foundatio

MEDICAL MARIJUANA LAW TESTED

Couple Who Say They Have Permission to Use Plants for Illnesses Are 
Charged With Felonies

Madison Heights --A legal test of Michigan's new medical marijuana 
law is brewing in Oakland County, where a man and woman vow to fight 
felony charges of manufacturing plants in their home.

Robert Lee Redden and Torey Allison Clark appeared before a Madison 
Heights magistrate Tuesday afternoon to be arraigned on charges that 
could send them to prison for up to 14 years and cost them up to $1 million.

Both suffer from chronic illnesses and claim to be 
physician-certified to have the plants under the state's medical marijuana law.

On March 30, Madison Heights police broke down the door of the 
couple's home with a battering ram and confiscated 21 marijuana 
plants, $531 in cash and some notebooks, authorities said.

They were not arrested but were ordered to appear in court Tuesday on 
the charges.

Redden, who suffers from bone disease and deteriorating hips, said he 
was told by doctors that medical marijuana would ease his pain.

He said he showed police officers documents 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 showing he 
could use medical marijuana, and he started plants from seeds in 
early March. Clark, who suffers from cancer, said she also has her 
doctor's recommendation, which qualifies her to use the drug for pain.

On April 6, the state began accepting applications from residents to 
join the Michigan Medical Marijuana Registry. Both Redden and Clark 
applied for an ID card, but only after the offense occurred. Madison 
Heights Deputy Police Chief Anthony Roberts said that meant they were 
in violation of the law. Under the law, a registered user can possess 
up to 2.5 ounces of pot and 12 plants.

In November, nearly two-thirds of voters decided Michigan should join 
a dozen other states to allow medical marijuana use.

Attorney Robert S. Mullen said Redden and Clark were within their 
rights to have the plants and that charging them with a crime amounts 
to interfering with the patient-physician relationship.

The pair plan to use an affirmative defense -- an explanation for 
their actions that excuses or justifies their behavior -- which has 
been successful in other courts around the state, according to 
medical marijuana advocates.

"Based on the actions of law enforcement and prosecutors, it's almost 
as if the medical marijuana law doesn't exist and the will of the 
people means nothing," Mullen said outside 43rd District Court.

Redden, a Vietnam veteran and 30-year resident of Madison Heights, 
said he owned some of the plants and his girlfriend, Clark, owned some.

"Sick people shouldn't be in jail," he said after the hearing. Clark 
was equally anxious: "Fourteen years? I have cancer. I can't go to 
jail for 14 years." Redden and Clark are both charged with 
manufacturing 20 but less than 200 marijuana plants. Redden is also 
charged with being a repeat offender for having a marijuana 
conviction in March 2006.

Magistrate Kimberly S. Wilson set a $50,000 personal bond for each. A 
preliminary exam is set for April 22.

Oakland County Deputy Chief Prosecutor Paul Walton said any 
affirmative defense will have to be raised in a court of law and 
argued in a hearing.

Walton said his office had no "philosophy" regarding medical 
marijuana cases and each would be reviewed on its own merits. 
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MAP posted-by: Richard Lake