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Appeals court: Man who left medical marijuana ID at home can’t be prosecuted

Posted on | June 28, 2012 | No Comments

Court: Pot ID card at home still counts

A Michigan medical marijuana patient cannot be prosecuted for illegal drug possession, despite not having proof of his or her registration at the time of arrest, the state Court of Appeals said Wednesday.

But the court said police were within their rights to arrest the patient, identified in court records as James RG Nicholson of Ottawa County, because he couldn’t establish proof of registration on the spot.

Prosecutors had argued that Nicholson was not protected by the medical marijuana law because he did not “possess” a registry identification card at the time of arrest in May 2011. He told police his registration card was in a car at his residence.

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