A medical cannabis patient in Oakland County, Michigan has won his legal battle against the county after a judge ruled to dismiss the charges on the grounds that law enforcement officials failed to establish probable cause for raiding the patient’s home, the Detroit Free Press reports.
Police raided Donny Barnes, 41, of Orion Township, two years ago, charging him with possessing more than 100 pounds of cannabis and intent to distribute. The raid was conducted by OAKNET, the county’s Narcotics Enforcement Team, and the victory is one of very few that comes out of Oakland’s Circuit Court, the report says.
David Moffitt, Barnes’ attorney, said the ruling “sends a strong message that inappropriate procedures on the part of police and prosecutors will result in dismissal.”
“To have an Oakland County judge dismiss search warrants for faulty procedures is a game-changer in the state because everyone looks at Oakland County for their legal leadership on key issues,” Moffitt said in the report. “What this judge said was that you can’t just kick down doors and seize people’s property without having good reason to do so.”
Judge Denise Langford Morris also allowed Barnes to continue using medical cannabis while out on bond “for a very demonstrable medical need.”
Oakland County officials indicated they plan on appealing the ruling.