Pubdate: Wed, 22 Feb 2012
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2012 Livingston Daily Press & Argus
Contact: http://drugsense.org/url/Kk1qVKJf
Website: http://www.livingstondaily.com
Details: http://www.mapinc.org/media/4265
Author: Lisa Roose-Church, Daily Press & Argus 

PROSECUTOR SEEKS TO BLOCK POT LAW IN CASE

A Livingston County judge will consider the prosecutor's request to
stop four people from using the medical marijuana law as a defense in
their criminal case.

According to court documents, the prosecutor's office wants Judge
Michael Hatty to preclude the four defendants charged in connection to
raids on the now-defunct Marshall Alternatives medical marijuana
dispensary from using the Michigan Medical Marihuana Act as a defense.

The prosecutor's office also want to preclude "all references" to
medical marijuana during the trial.

Hatty will consider the motion March 12.

Marshall Alternatives owners Christi Marshall, 39, and Alan Dale
Marshall, 39, along with employee Stephanie Lynn Baxter, 30, of
Howell, were charged with delivering marijuana for allegedly selling
the drug to an undercover narcotics officer who posed as a
card-carrying medical marijuana patient in February and May of last
year.

April Sundie Smith, 44, of Pinckney, also is charged with possession
of marijuana with intent to deliver in connection to the Marshall
Alternatives raids.

The prosecutor's office argued that to use the immunity section of the
state law, the defendants must prove they are "primary caregivers" who
have been authorized under the state's registry to provide marijuana
for medicinal purposes to the person receiving the marijuana,
according to court documents.

The undercover officer's medical marijuana card did not provide a
caregiver designation.

The prosecutor argued that the law does not permit patient-to-patient
sales of marijuana.

The defendants' attorneys had not filed a response as of Friday.
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