Criminal Defense Lawyer Serving Ann Arbor

Caregiver vindicated after criminal appeals

Debates about marijuana are constantly changing because of the introduction of new information. A former caregiver in Michigan was finally justified after five years of criminal appeals. The Michigan Court of Appeals dismissed her case after determining that the un-dried marijuana seized during a raid could not have been used.

The original raid took place in Sept. 2012. During this raid, authorities found 34 marijuana plants and nearly six pounds of partially dried harvested marijuana. As a licensed caregiver, the defendant was allowed to have up to two and a half ounces of medicinal marijuana per patient. The defendant had five registered patients, four of which were being provided with medicinal marijuana. 

In a split decision by the court of appeals, the original conviction was overturned. Courts determined that because the marijuana was only harvested four days prior to the raid it should be considered drying and not dried. This slight distinction meant that the drying marijuana that was seized was not yet in a usable state, and its weight should not count against the defendant. An expert testified that marijuana takes anywhere from seven to ten days to dry enough to be considered usable. 

Even though this defendant served her probation, she was forced to live with a felony conviction. A conviction like this can make certain aspects of a person's life very difficult. For example, it can be difficult for someone convicted of a crime like this one to find a job. Michigan residents who believe they have been wrongfully convicted and wish to file criminal appeals could benefit from speaking with an attorney in their area.

Source: wzzm13.com, "Marijuana conviction overturned because harvested pot was not completely dry", John Hogan, Jan. 4, 2018