Marijuana to be decriminalized in New York?
Attorneys in MI Say Their Clients are Being Selectively Prosecuted
Michigan attorneys Lawrence Phelan and Frank Stanley say their clients – who are facing federal prosecution – were targeted because they are state-registered medical marijuana patients. If there are over 130,000 registered patients in Michigan and all are breaking federal law, why are their clients being singled out for it?
“Said differently, there is nothing egregious about the facts of the case that makes it stand out from a routine marijuana grow operation. The defendants are not zealots, and are not advocates against the enforcement of federal law because of the MMMA (Michigan Medical Marijuana Act).
"Rather, they are ordinary people who happened to have MMMA cards,” Stanley and Phelan wrote in a joint filing.
The attorneys also say the fact that the federal government has filed motions attempting to preclude state medical marijuana laws from being used in federal cases shows that someone being a medical marijuana patient is a factor in their prosecution.
“It is clear that the MMMA is a factor in the government’s decision because the Motions in Limine are all focused at that legislation,” they wrote.
“It is also true that Michigan has not been bashful about prosecuting individuals who are involved with marijuana and who are not protected by the MMMA. If the defendants are in violation, and if they are not protected by the MMMA, they are certainly subject to state prosecution.”
But even Stanley and Phelan admit they have an uphill battle proving “selective prosecution” as the courts have placed a heavy burden of proof on them. They must prove that the feds singled out their clients and acted in “bad faith.”
There is no doubt that the federal government is fond of sending messages, whether it be to state governments or individuals who dare to assert their state rights. In any event, the battle between the states and feds continues.
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