Pubdate: Sat, 6 Nov 2010
Source: Detroit News (MI)
Copyright: 2010 The Detroit News
Contact: http://detnews.com/article/99999999/INFO/71011004
Website: http://detnews.com/
Details: http://www.mapinc.org/media/126
Author: Jennifer Chambers, The Detroit News
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/Ferndale
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

DETECTIVE: MEDICAL MARIJUANA CARD A FAKE

Undercover Cop Testifies at Hearing Phony ID Approved by Prosecutor, 
Sheriff's Offices

Ferndale - A phony Michigan medical marijuana identity card used by 
an undercover narcotics officer to make purchases came under attack 
Friday by a group of defense lawyers representing nine employees of a 
Ferndale dispensary.

Derek Myers, an undercover detective for the Oakland County Sheriff's 
Office, testified during a probable cause hearing about six visits he 
made to Clinical Relief in Ferndale in July and August.

Myers acknowledged he made the phony card, told the staff at Clinical 
Relief he had back pain and made several purchases of marijuana. 
During one visit, he said he sold marijuana to the staff for $140. 
For the sale, he was given a receipt.

Myers said he got approval from his superiors at the Sheriff's Office 
and from the Prosecutor's Office before making the card, a fake 
version of those issued by the state to people certified by a 
physician to use marijuana to treat a medical condition.

"You know Clinical Relief wouldn't give it (marijuana) to you unless 
you had a card?" defense attorney Neil Rockind asked Myers on the stand.

Myers replied: "I made up the card so I could buy marijuana."

The hearing is examining whether the nine defendants - ranging from 
receptionists to company owners - should face trial on felony 
manufacture charges. Prosecutors are challenging the state's law that 
allows distribution of medical marijuana. They contend the sale of 
any marijuana is illegal under state law.

Lawyers for the defendants said no laws were broken because the 
clinic operated within rules established by the law that voters 
passed in 2008. They said Oakland County's prosecutor and sheriff 
brought the charges to test the state's law.

Defense lawyers also argued that because the state considers issuance 
of the cards private medical information, there is no way for a 
marijuana dispensary to confirm if a card is real or fake.

The accused were arrested Aug. 25 after an Oakland County SWAT team 
raided the facility and confiscated marijuana, cash and patient 
records. An alleged warehouse in Macomb County and two clinics in 
Waterford Township also were raided, leading to other arrests.

Judge Joseph Longo asked prosecutors to file written arguments and 
briefs by Dec. 10. Defense counsel has until Jan. 10 to file responses. 
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MAP posted-by: Richard Lake