This article was originally published on the Marijuana Patients Organization site on January 18, 2011.
A case involving medical marijuana found in a barn has been dismissed in Genesee County.
The case of Chason William-Gregory Pointer of Clarkston began when an Oakland County Narcotics Enforcement Team (NET) arrested Pointer in October, 2009. Officers found marijuana and growing equipment in Pointer’s barn in Genesee County.
Pointer was charged with unlawful manufacture of marijuana contrary to the Medical Marijuana Act.
The Oakland County Sheriff’s Office was closed Monday for the Martin Luther King Jr. holiday.
Judge Geoffrey Neithercut with Genesee County Circuit Court dismissed the case against Pointer, who had a state medical marijuana card, on Jan. 14, saying the prosecutors failed to show evidence that Pointer had more than 2.5 ounces of usable marijuana.
The court’s opinion indicated that instead of presenting the marijuana in its “processed and usable form, the Prosecutor brought in a very large quantity of unprocessed marijuana well in excess of 2.5 ounces, and said a jury could infer a percentage of usable material.”
The opinion stated, “There was no need of the jury to infer the weight of usable (marijuana). The Prosecutor and law enforcement had the unprocessed marijuana and could have processed it down to a useable form…and presented that as evidence.”
Instead the “Prosecutor made a tactical decision to sway the jury with large bags of unprocessed and legally meaningless marijuana refuse instead.”
The defendadnt was represented by Michael Komorn of the Komorn Law Firm. Great job Michael.