Pubdate: Thu, 21 Nov 2013 Source: Press and Guide (Dearborn, MI) Copyright: 2013 Press and Guide Contact: http://www.pressandguide.com/ Details: http://www.mapinc.org/media/5196 Author: Joe Slezak Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan) Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.) STATE COURT OF APPEALS UPHOLDS JUDGE'S DISQUALIFICATION IN MARIJUANA CASE DETROIT -- The state Court of Appeals ruled Nov. 14 that 19th District Judge Mark Somers was properly disqualified from hearing a case involving the Michigan Medical Marihuana Act because of comments he made in a different case regarding the drug. Court of Appeals Judges Michael Kelly, Mark Cavanagh and Douglas Shapiro unanimously agreed on the ruling in the city of Dearborn's case against defendant Glen Steven Navoy. Navoy, 56, was arrested in October 2011 on a marijuana possession charge and planned to used the Michigan Medical Marihuana Act in his defense. Before the trial, his attorney, Neil Rockind, filed a motion to disqualify Somers, but Assistant City Attorney William DeBiasi objected, saying there wasn't sufficient evidence to disqualify the judge. After both sides presented oral arguments, Somers denied the motion to disqualify himself, but then-19th District Chief Judge Richard Wygonik, who lost a re-election bid last year, granted a motion disqualifying Somers. The city filed an appeal in Wayne County Circuit Court, where Judge Vonda Evans affirmed the disqualification and remanded the case to 19th District Court. The city then filed an appeal with the state Court of Appeals. Somers previously had ruled that the Michigan Medical Marihuana Act violates the U.S. Constitution. The Court of Appeals judges cited his references to marijuana as the "devil's weed," "Satan's surge" and "Satan's weed," and that he has lectured those who have appeared before him on marijuana charges about how they have contributed to drug cartels and homicides in Mexico and other related areas. He also said in an interview that he felt the Michigan Medical Marihuana Act was unconstitutional. "There are some inaccuracies in the factual representations made to the court," Somers said Wednesday. "I'm not criticizing their decision." He said that every time a marijuana case has come before him, if the defendant has a valid medical marijuana card and the prosecutor has asked for a dismissal, he has granted the request. The state Supreme Court decided April 3 to hear a 2012 case, Beek v. City of Wyoming, in which it will rule on the constitutionality of two issues: If a municipality's ordinances prohibit use of marijuana, does the Michigan Medical Marihuana Act trump it; and does the federal Controlled Substances Act trump the state law, which voters approved in 2008. A Kent County trial court judge ruled that the federal drug law supersedes the state marijuana law, but the state Court of Appeals disagreed. The Dearborn case isn't the first time Navoy was arrested in the city on marijuana charges. In 1999, he pleaded guilty to possession of the drug, and a charge of delivery/manufacturing of marijuana was dismissed. Wayne County Circuit Judge Gershwin Drain fined him $1,000. It is unclear if the city plans to appeal to the state Supreme Court. A city spokeswoman was unavailable for comment late Wednesday afternoon. - --- MAP posted-by: Jay Bergstrom