People v. Redden

290 Mich. App. 65
CourtMichigan Court of Appeals
DecidedSeptember 14, 2010
DocketDocket Nos. 295809 and 295810
StatusPublished
Cited by69 cases

This text of 290 Mich. App. 65 (People v. Redden) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Redden, 290 Mich. App. 65 (Mich. Ct. App. 2010).

Opinions

Meter, J.

In this case involving the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., defendant Robert Lee Redden and defendant Torey Alison Clark appeal by leave granted a December 10, 2009, circuit court order reversing for each defendant the district court’s dismissal of a single count of manufacturing 20 or more but less than 200 marijuana plants, MCL 333.7401(2)(d)(ii). We affirm the circuit court’s decision to reinstate the charges.

I. FACTS

This case arose from the execution of a search warrant at defendants’ residence in Madison Heights, which resulted in the discovery of approximately IV2 ounces of marijuana and 21 marijuana plants. Officer Kirk Walker and Officer Mark Moine of the Madison Heights Police Department testified that in the evening of March 30, 2009, they arrived at the residence with three other officers to execute a search warrant for the purpose of looking for marijuana and other illegal substances.

Defendants and another unidentified individual were found in the residence and were secured by the officers. The officers found proof of residency for defendants and $531 in cash. The officers also found three bags of marijuana in a bedroom. In addition, they found 21 marijuana plants, which were all between three and four inches tall, on the floor of a closet in the same bedroom. Field tests of these items were positive for marijuana. The officers did not find any scales, small plastic bags, or packaging materials in the residence.

At some point during the search, Redden stated that he was in pain. Defendants also each turned over [69]*69documents regarding their use of marijuana for medical purposes. The documents, which were dated March 3, 2009, for Redden, and March 4, 2009, for Clark, were admitted into evidence. Each document stated:

I, Eric Eisenbud, MD, am a physician, duly licensed in the State of Michigan. I have completed a full assessment of this patient’s medical history, and I am treating this patient for a terminal illness or a debilitating condition as defined in Michigan’s medical marijuana law. I completed a full assessment of this patient’s current medical condition. This assessment was made in the course of a bona fide physician-patient relationship. I have advised the patient about the potential risks and benefits of the medical use of marijuana. I have formed my professional opinion that the potential benefits of the medical use of marijuana would likely outweigh any health risks for the patient. This patient is LIKELY to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate a serious or debilitating medical condition or symptoms of the serious or debilitating medical condition.

The MMMA went into effect on December 4, 2008, but, according to Walker, the state of Michigan did not begin issuing registry identification cards until April 4, 2009. The Michigan Department of Community Health issued medical-marijuana registry identification cards to each defendant on April 20, 2009, but this was after the search in this case took place.

In the course of the preliminary examination, defendants asserted the affirmative defense contained in § 8 of the MMMA, MCL 333.26428.1 In support of the [70]*70defense, defendants presented testimony from Eric Eisenbud, M.D., who testified that he had attended the University of Colorado’s medical school and had been a physician for 37 years. He was licensed to practice in seven states, including Michigan, and was board-certified in ophthalmology. Dr. Eisenbud also had worked in the past as an emergency room practitioner and a family practitioner. At the time of the preliminary examination, Dr. Eisenbud had worked for the past 19 months for The Hemp and Cannabis Foundation (THCF) Medical Clinic. He testified that he is “not from Michigan” and was currently working in six out of the seven states in which he was licensed to practice medicine, although he later suggested that he was working in all seven states.2

Dr. Eisenbud testified that defendants were his patients and that he examined each of them on March 3, 2009, when both were seeking to be permitted to use marijuana under the MMMA. A clinic technician screened defendants before their appointment in a telephone interview and by reviewing their medical records. Dr. Eisenbud met with each defendant for about a half-hour, spending 5 minutes reviewing the medical records and about 10 minutes on the physical examination; he also interviewed them. During their 10-minute physical examinations, Dr. Eisenbud examined both defendants’ general appearance and skin, listened to their lungs, examined their abdomens, ex[71]*71amined their heads and necks, did a neurological and cardiovascular assessment, and assessed their mental health.

Dr. Eisenbud testified that he signed the authorization for each defendant in his professional capacity because each qualified under the MMMA and each would benefit medically from using marijuana. He opined that his relationship with each defendant was a bona fide physician-patient relationship because he interviewed defendants, examined them, and looked at their medical records in order to gain a full understanding of their medical problems. Dr. Eisenbud acknowledged that the THCF Medical Clinic did not require patients to bring their complete medical records. The records from Redden were from two years before his examination by Dr. Eisenbud, and Clark’s records were from a year before her examination by Dr. Eisenbud.

Regarding Redden, Dr. Eisenbud concluded that he had a debilitating condition that caused pain, satisfying the MMMA’s requirements. Regarding Clark, Dr. Eisenbud concluded from her medical records and interviewing her that she suffered from nausea. Dr. Eisenbud did not testify regarding what caused Redden’s pain or Clark’s nausea. Dr. Eisenbud only examined each defendant once. He viewed the only risk of defendants’ using marijuana as related to driving; he indicated that they should not drive within four hours of using it.

Dr. Eisenbud testified that defendants had not consulted with any other doctors regarding medical-marijuana authorization before their appointments with him. According to Dr. Eisenbud, both defendants were using other narcotics for their conditions, and he opined that access to marijuana would give them the opportunity to wean themselves off of those narcotics.

[72]*72The parties stipulated that Redden had two previous convictions for possession of marijuana with intent to distribute.

During the preliminary examination, the prosecution argued that defendants were not entitled to assert the affirmative defense from § 8 of the MMMA because neither had a registry identification card at the time of the offense as required by § 4(a) of the MMMA, MCL 333.26424(a).3 The prosecution acknowledged that defendants could not have obtained a card previously because the state had yet to begin issuing them. However, the prosecution contended that defendants were required to abstain from marijuana use until they were able to obtain a card. Defendants argued that the plain language of § 8 of the MMMA did not require possession of a card.

The prosecution argued that under the probable-cause standard, the evidence showed that defendants were engaged in manufacturing marijuana.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Walter Joseph Caswell
Michigan Court of Appeals, 2025
People of Michigan v. Christopher Paul Schurr
Michigan Court of Appeals, 2024
People of Michigan v. Deonta Damek Cole
Michigan Court of Appeals, 2023
People of Michigan v. Matthew Darryl Green
Michigan Court of Appeals, 2023
People of Michigan v. James Robert Crumbley
Michigan Court of Appeals, 2023
People of Michigan v. Denzel Danagelo Tate
Michigan Court of Appeals, 2023
People of Michigan v. Franklyn Dimun Garrison
Michigan Court of Appeals, 2020
Taylor v. Patel
E.D. Michigan, 2020
Barry Ellentuck v. Jeffrey W Huntington
Michigan Court of Appeals, 2018
Tomra of North America Inc v. Department of Treasury
926 N.W.2d 259 (Michigan Court of Appeals, 2018)
People of Michigan v. Steven Anthony Fisher
Michigan Court of Appeals, 2018
People of Michigan v. Joel Martin Selman
Michigan Court of Appeals, 2018
People of Michigan v. Johnathan Lamonte Sails
Michigan Court of Appeals, 2017
People of Michigan v. Tremel Anderson
Michigan Court of Appeals, 2016
United States v. Phillip Walsh
654 F. App'x 689 (Sixth Circuit, 2016)
People of Michigan v. Joseph Steve Miskovich
Michigan Court of Appeals, 2016
People v. Bylsma; People v. Overholt
315 Mich. App. 363 (Michigan Court of Appeals, 2016)
People of Michigan v. Gregory Lamont Glenn Jr
Michigan Court of Appeals, 2016

Cite This Page — Counsel Stack

Bluebook (online)
290 Mich. App. 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-redden-michctapp-2010.