Michigan: Judge Dops Drug Charges Against Madison Heights Couple

By Jennifer Chambers, The Detroit News

Madison Heights -- Declaring Michigan's medical marijuana act the "worst piece of legislation he has ever seen in his life," an Oakland County judge dismissed felony drug charges against a Madison Heights couple who asserted a medical defense.

Torey Clark and Bob Redden jubilantly walked out of a Madison Heights district court just after noon today after 43rd District Court Judge Robert Turner said the defendants were entitled to have their case dismissed after their attorneys presented an affirmative defense that included testimony from their physician who qualified the pair to legally obtain the marijuana under the state's new law to treat their illness.

Clark and Redden were charged with growing marijuana after Madison Heights police raided their home March 30 and found 21 marijuana plants. They had faced up to 14 years in prison because they had prior drug offenses.

After the case was dismissed, the couple hugged their lawyers and embraced a small group of medical marijuana supporters who had come to court Wednesday to watch the outcome of the case.

Clark, who has ovarian cancer, said the judge's decision brought her immense relief after weeks of worry and stress over going to prison.

"I think they should leave the patients alone," Clark said outside court. Redden said he planned to move out of Madison Heights after living there for 35 years after police broke down his door with a battering ram and seized his plants.

"I no longer feel safe here," said Redden, who suffers from long-term hip pain.

Michigan's medical marijuana act was designed to protect qualified patients from arrest and prosecution, yet it has been widely criticized for being poorly written, vague and confusing.

Clark and Redden sought and obtained a recommendation from a state-licensed physician that they each were qualified to use marijuana for medical purposes under the Michigan Medical Marijuana act. They did not receive their state-issued ID cards for medical marijuana users until after the raid.

Testifying to that Wednesday was Dr. Eric Eisenbud who treated the couple at the Hemp and Cannabis Foundation clinic in Southfield.

Eisenbud spent nearly two hours on the witness stand answering questions from Assistant Prosecutor Beth Hand about the nature of his relationship with Clark and Redden. Eisenbud testified he spent about 30 minutes evaluating each person, which included performing his own medical exam, reviewing past medical records and talking to them about their current condition and health problem

Prosecutors are planning an appeal.

jchambers at detnews.com (248) 647-7402

Video Source: http://www.myfoxdetroit.com/dpp/news/local/090617_medical_pot_bust

Source: http://www.detnews.com/article/20090617/METRO02/906170415/1361/search/Ju...