Michigan Court Overturns Medical Marijuana Conviction Because of Prosecutor’s Closing Rant

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Dispatches from the Highlands

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October 26, 2016
Denver, CO

Last month, a Michigan Court of Appeals overturned the conviction of a man charged with cultivating marijuana for medical purposes. During the original trial, the prosecutor used her closing arguments to viciously criticize Michigan’s medical marijuana program.

The prosecutor’s closing argument was clearly and thoroughly improper. The prosecutor embarks on a political commentary, and a personal diatribe discrediting the MMA as a whole, claiming (without supporting evidence) that its protections are being abused by recreational users and exploitative physicians…and suggests that those suffering from chronic pain are simply cheating the system. She also denigrates the general population of lawful medical marijuana users, claiming that they attract violence to the community and advocate that everyone be allowed to “walk around stoned.” Finally, she states that it is unfortunate that the jury cannot judge the MMA…By making these unfounded, irrelevant and inflammatory statements, the prosecutor essentially argues that defendant’s affirmative defense is nothing more than a drain on the community, and that even if he is innocent under the MMA he is simply exploiting the system. As a result, the prosecutor encouraged the jury to convict defendant despite the protections of the Section 8 defense. This affected defendant’s substantial rights.

Hearing people in law enforcement use their positions to inappropriately cast dispersions on medical marijuana laws and patients is nothing new, but this is a rare occurrence where the consequences negatively impacted the prosecutor instead of the patient on trial. Police and prosecutors in medical marijuana states need to respect their laws instead of using people’s lives and freedom to protest policies they do not like.

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