WHAT DO YOU THINK? Medical Marijuana patient given drug charges for growing plant in dog kennel
Fri, 04 Feb 2011 16:13:35 GMT —
Update: June 23rd, 10:05 a.m.
The Michigan Supreme Court has agreed to hear King's case. This is among the first appeals accecpted by the state's higher court since the Medical Marijuana laws were set in place.
The Michigan appeals court has reinstated drug charges against an Owosso man who has a medical-marijuana card and was growing pot outdoors.
Larry King was growing marijuana inside a fenced-in dog kennel. The fence was 6 feet high and locked. But in a 2-1 opinion released Friday, the appeals court says the kennel doesn't qualify as an "enclosed, locked facility" under the medical-marijuana law. NBC25 wanted to know what an "enclosed, locked" facility exactly meant. We looked it up on the state's website and found that it means, "a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by registered primary caregiver or registered qualifying patient."
Judges Henry William Saad and David Sawyer also say marijuana inside King's house was in an unlocked closet. They overturned a 2009 decision to dismiss drug charges in Shiawassee County.
Appeals court Judge E. Thomas Fitzgerald disagreed. He says the medical-marijuana law should be a "shield" for King, not a "sword."
What do you think? Is the drug charge too harsh or is the state merely upholding the law? Leave us your comments below!
*The Associated Press contributed to the information in this story.