After a lengthy battle that involved over a year of hearings, Amberg & Amberg attorney Jim Amberg obtained a dismissal in a highly contested medical marijuana case in Oakland County. The case started when officers entered Jim's client's home after chasing a suspect wanted in a home invasion case. After entering the client's home, officers discovered marijuana, bongs, papers, and money strewn throughout the house. Additionally, officers entered the back bedroom and found a grow operation consisting of 17 marijuana plants. Everything was confiscated, including the client's televisions, marijuana, and all of his money, supposedly under the government's forfeiture powers.
However, Jim's client has recently applied for his medical marijuana card and although he hadn't actually received the card, the State did cash his application check. From this, although the client was over the allotted amount of 12 plants, Jim pushed through the argument that the 17 plants was a reasonable amount necessary to alleviate the client's medical condition, which was TMJ, the jaw disease.
The Oakland County Prosecutor's Office fought vigorously against dismissal. Ultimately, Jim called the client's marijuana clinic doctor to the stand, as well as a renowned marijuana horticultural expert to show that dismissal was appropriate. After over twenty separate court appearances, numerous days of hearings, and multitudes of motions, the Court held that the client was entitled to the Section 8 Defense and dismissed the case!