090414[freep.com]Medical marijuana raid leads to charges for Madison Heights couple

[해리한포드차]

Medical marijuana raid leads to charges for Madison Heights couple
By MEGHA SATYANARAYANA • FREE PRESS STAFF WRITER • April 14, 2009

Read Comments(102)Recommend(7)Print this page E-mail this article Share this article Del.icio.us

A Madison Heights man and his partner whose cache of marijuana plants they said were for medical purposes was seized last month were arraigned this afternoon on felony drug manufacturing charges.

Robert Redden, 59, and his partner Torey Clark, 47, each face a charge of manufacturing more than 20, but less than 200 marijuana plants. Because both have previous drug-related convictions, they each face up to 14 years in prison and up to $1 million in fines each, Madison Heights Deputy Police Chief Tony Roberts said. Each was released on a $50,000 personal bond and face a preliminary hearing on April 22.

The March 30 raid on Redden and Clark’s home fell in a window of legal uncertainty. It came after the law went into effect Dec. 4, but preceded the April 4 beginning of the state’s program to issue ID cards for medical marijuana users. Michigan patient advocates said they believe the seizure was the first significant event to test the law's limits.

In the raid, police seized 21 marijuana plants, money, and Redden’s letter from a doctor recommending that he be allowed to use medicinal marijuana. That letter is needed to get a medical marijuana ID card. Redden said he uses it for hip pain, and Clark uses it for cancer. The state's medical marijuana law allows 12 plants per user, grown in a locked facility. Redden said previously some of the plants were for Clark.

At the time of the raid, Madison Heights police chief Kevin Sagan said the department didn't know if the finalized rules for the medical marijuana law were available from the Michigan Department of Community Health. MDCH spokesperson James McCurtis said previously the rules, which were hotly debated in a public forum, were available on their Web site.

Medical marijuana advocates say a letter of recommendation for use of medical marijuana by a doctor is sufficient for immunity from prosecution. Roberts said Madison Heights police disagree.

“The documentation doesn’t fulfill the legal requirement. That’s our interpretation,” he said.

Rob Mullen, Redden’s attorney, said his client has applied for his ID to use marijuana to ease hip pain. Clark is Redden’s caregiver, and uses marijuana for cancer. Both receive disability payments.

Roberts said, as far as he knows, officers have not yet encountered a marijuana user with a temporary or permanent ID card.

“It’s a new issue, so the police department is going to be dealing with it more,” he said.

Contact MEGHA SATYANARAYANA: 313-223-4534 or megha@freepress.com.