Attorney Says Local Medical Marijuana Case is Significant Attorney Says Local Medical Marijuana Case is Significant

12/6/12 - The attorney representing a Genoa Township couple in a Medical Marijuana case says the fact it’s even going before a local jury is significant and likely precedent setting. Prosecutors allege Dewey Thomas and his wife Pamela were growing 76 marijuana plants on their outdoor farm in Genoa Township in August of 2011 - more than allowed under the Medical Marijuana Act. Defense attorney Michael Komorn maintains both are protected under the immunity section of the Act and Thomas is a certified, card-holding caregiver for his wife, who is a certified patient with a debilitating medical condition. Livingston County Circuit Court Judge Michael Hatty recently denied a motion from prosecutors that had sought to deny the couple the ability to present an affirmative Medical Marijuana defense to a jury. Komorn says this is certainly the first such case allowed to make that argument to a jury in Livingston County and possibly the state which is significant because of what he calls a unified attempt by prosecutors all over Michigan to deprive defendants of the right to speak before a jury about medical marijuana. Komorn says that’s because they recognize 63% of voters approved the law and there’s a good chance many would be seated on a jury. He says what’s really significant is that law is finally now beginning to be implemented as intended and most of the violations prosecuted are very technical when compared to what one would consider traditional criminal activity. Komorn says it is his personal, legal belief that when juries see how law enforcement has been looking for ways to manipulate the law to arrest people and the way they’ve resisted implementing the act as it was intended, juries will acquit on the cases. He says that also means prosecutors will have to re-evaluate their current policies when it comes to arresting sick people and those who are assisting sick people with their medical use of cannabis. Komorn expects the case will go to trial in January but says prior to that, the matter of jury instructions will need to be addressed since no standard instructions currently exist as to how they should read for a medical marijuana trial. (JM)