Pubdate: Fri, 30 Nov 2012
Source: Voice, The (New Baltimore, MI)
Copyright: 2012 Journal Register Company
Contact:  http://www.voicenews.com/
Details: http://www.mapinc.org/media/5146
Author: Jameson Cook

KIMBALL MAN, CO-DEFENDANT CAN SMOKE MEDICAL POT DURING PROBATION

A judge admitted skepticism but is allowing two men convicted of 
distributing marijuana to continue using the drug for medical purposes.

Dean Ferretti, 38, of Utica, and Kent Currie, 40, of Kimball 
Township, were sentenced to two years probation Thursday by Judge 
David Viviano of Macomb County Circuit Court in Mount Clemens.

Originally charged with four counts of delivering or manufacturing 
more than 45 kilograms of marijuana and operating a drug house, they 
pleaded guilty to the lesser charges of distribution of marijuana 
"without remuneration" and attempt to maintain a drug house, in a plea deal.

The men claimed they were growing marijuana in Lenox Township in 2010 
under the Medical Marijuana Act, but they possessed more marijuana 
than allowed.

Viviano ruled both men could continue to use cannabis plant product 
to address injuries and conditions but warned they could not 
distribute marijuana even under the MMA.

"I'm not going to tolerate you spreading marijuana in the community, 
medical marijuana or otherwise," Viviano told Ferretti. "I will allow 
you to continue to use - like I did while you were on bond - with a 
healthy dose of skepticism.

"If I ever hear you're spreading marijuana, you're going to jail for a year."

Ferretti's attorney, Michael Komorn, said his client wouldn't have 
broken the law in 2010 "if he knew then what he knows now" about the 
MMA, which took effect in December 2008.

"The law was relatively new," he said. "There's a lot more guidance now."

Both men described physical ailments that they said warrant marijuana 
use. They said they consume extracted marijuana in oil form and take 
prescription drugs, a situation about which Viviano seemed skeptical.

"You think you're going to get better eating pills and (taking) 
marijuana?" Viviano said to Currie. "It's hard to understand why 
you're taking Vicodin at all.

"What are you doing to get better?"

"It (marijuana and pain medication) allows me to work," Currie 
replied, adding he can get medical marijuana for free.

He said he takes Vicodin only for "severe" pain.

Currie's attorney, Ted Metry, conceded marijuana, "is not a cure-all" 
- - prompting Viviano to quip, "That's the first time I've heard that 
in this court."

The case has a relatively long procedural history.

Roseville police, acting on a tip in January 2010, arrested the men 
as they left the 28 Mile Road home in a vehicle. Officers learned 
Ferretti had a caregiver card and Currie a patient card under the MMA 
and searched the home.

In February 2011 Judge William Hackel III dismissed charges, ruling 
the officers should have sought a new warrant after learning about 
the MMA cards; but Viviano later reversed Hackel and remanded the 
case to district court to restart proceedings.
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MAP posted-by: Jay Bergstrom