Waterford Medical Marijuana Case

Flood Law Attorneys Todd Flood,  David Gorcyca, and Paul Stablein argue on behalf of firm clients in Waterford District Court.  See the coverage in the Oakland Press.

Story by Carol Hopkins – Oakland Press

Michigan’s medical marijuana law had its first dramatic day in an Oakland County court as a dozen people arrested in a medical marijuana raid on Aug. 25 came before a judge for preliminary exams.

The raids conducted at various growing operations and marijuana dispensaries across the county resulted in the arrests of nearly 20 people who were charged with possession of marijuana with intent to deliver and other felonies. Oakland County Sheriff Michael Bouchard said afterward that state lawmakers need to amend the law.

In the packed 51st District courtroom in Waterford Township on Tuesday, Judge Richard Kuhn Jr. listened as two attorneys argued that their clients — medical marijuana patients — should be allowed to smoke marijuana while they areout on bond.

“He’s been evaluated by two doctors and he’s a qualified patient,” said Paul Stablein, on behalf of client Matthew John-Drinnon Miller, 26, of Waterford.

By not allowing him to use marijuana, Stablein said, Miller is “being penalized for exercising his rights (under the Medical Marijuana Act).”

Assistant Prosecutor Beth Hand countered, saying, “Marijuana is still illegal in Michigan. I object to him be allowed to smoke due to the severity of the charges.”

Stablein told Kuhn that not allowing Miller to have his medicine is “presuming (Miller) guilty.”

Kuhn argued drunken drivers cannot drink while on bond, and he denied the motion.

Attorney Jeffrey Perlman made a similar case for his client, Candace Teichman of White Lake Township, saying she is a certified medical marijuana patient.

“She uses marijuana to relieve her symptoms,” Perlman said.

Kuhn said Teichman, who owns Everybody’s Cafe with her husband, William Teichman, had just completed district court’s sobriety court program.

Attorney Michael Komorn, Perlman’s co-counsel, then told Kuhn that the lawyers are not doctors and that it was “inappropriate to decide what treatment should be determined. The law says this (marijuana) is a medicine. It’s a medical issue. Why should the law say what people should use?”

Kuhn repeated that it was a general condition for people arrested on drug charges to be ordered not to use during their case.

Most seated in the courtroom were supporters of medical marijuana. Some wore shirts with marijuana leaves on the front. One woman held up a folded piece of paper with a marijuana leaf on it.

Kuhn said that signs “aren’t going to make any difference.”

The 10 other defendants arrested in Waterford in the complex case — Max Brochert, Laval Crawford, Michael Danto, Todd Robinson, Kirk Swafford, William Teichman, Edward Thomas, Jennifer Zuck, Brian Vaughn and Andrew Nater — stood before Kuhn with attorneys. All agreed to return to court for a preliminary exam conference Oct. 7.

After the courtroom cleared, Matt Miller stood talking with friends.

“I should be able to smoke,” Miller said. “I am a patient. If I was prescribed Vicodin, I would still be able to have it. I’m prescribed for back pain.”

Standing outside the court, Larry Wolok of White Lake said he disagreed that police, the sheriff’s office and courts should become involved in medical issues.

“What difference does it make what medicine I take?” he asked.

Rally outside court

Just before the people arrested went into the courthouse, a small group of supporters rallied outside the front door. Some held homemade signs.

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