A Livingston County judge will consider the prosecutor’s request to stop four people from using the medical marijuana law as a defense in their criminal case.

According to court documents, the prosecutor’s office wants Judge Michael Hatty to preclude the four defendants charged in connection to raids on the now-defunct Marshall Alternatives medical marijuana dispensary from using the Michigan Medical Marihuana Act as a defense.

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The prosecutor’s office also want to preclude “all references” to medical marijuana during the trial.

Hatty will consider the motion March 12.

Marshall Alternatives owners Christi Marshall, 39, and Alan Dale Marshall, 39, along with employee Stephanie Lynn Baxter, 30, of Howell, were charged with delivering marijuana for allegedly selling the drug to an undercover narcotics officer who posed as a card-carrying medical marijuana patient in February and May of last year.

April Sundie Smith, 44, of Pinckney, also is charged with possession of marijuana with intent to deliver in connection to the Marshall Alternatives raids.

The prosecutor’s office argued that to use the immunity section of the state law, the defendants must prove they are “primary caregivers” who have been authorized under the state’s registry to provide marijuana for medicinal purposes to the person receiving the marijuana, according to court documents.

The undercover officer’s medical marijuana card did not provide a caregiver designation.

The prosecutor argued that the law does not permit patient-to-patient sales of marijuana.

The defendants’ attorneys had not filed a response as of Friday.

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News Hawk – 420 Warrior 420 MAGAZINE
Location: Taunton, MA
Source: Taunton Daily Gazette
Author: James Deblois
Contact: [email protected]
Copyright: 2012 Taunton Daily Gazette
Website: The Taunton Gazette