One Delivery and Three Marijuana Possessions Dismissed | Shyler Engel, PLLC

May 13, 2016
Three Shyler Engel, PLLC clients had just finished seeing a comedy show held at Soaring Eagle Casino, and decided to smoke marijuana in the parking lot. This parking lot is somewhat notorious in the medical marijuana defense community because it is the same casino parking lot that was the subject of question in People v Carlton, the Court of Appeals’ case that determined whether the immunity and defenses provided under the Medical Marihuana Act apply to a person who smokes marijuana in his or her own car while that car is parked in the parking lot of a private business that is open to the general public. In People v Carlton, the medical marijuana patient lost because the Court concluded that a person’s own car, when in a public place, constitutes a public place, and therefore, medical marihuana protections do not apply. Our clients’ prosecutor was, in fact, the very prosecutor who argued the case before the Court of Appeals. However, we had alternative theories of defense. Despite only one client having a medical marihuana patient card, we filed a motion to dismiss based on the difference between communal use and possession as it relates to medical marijuana patients, and other traditional defenses. One of our clients was even charged with delivery for simply sharing the marijuana, which we believed a complete overreach from the intent of the delivery statute. When the day of the motion hearing was held, all of our clients we offered and took advantage of the same deal: Possession charges were dropped. Delivery charge dropped, elimination of a non-public record after 30 days of non-reporting and non-testing probation. In fact, the court sent a check back to our clients because the arraigning judge had assessed a bond that well exceeded the fine imposed.