[420 Girl]

A Farmington Hills defense attorney is asking a Livingston County judge to dismiss charges against a Hartland Township man who allegedly grew marijuana in his home for medicinal purposes.

This is the first case in Livingston County to test Michigan's medical marijuana law, which was approved by voters in November and went into effect Dec. 4.

Police say they found the marijuana at Ryan Andrew Burke's Pine Hill Trail home in August.

On April 2, defense attorney Barry Resnick will ask Circuit Judge David Reader to set a hearing to take testimony on whether his client meets the legal requirements to grow and possess marijuana for medicinal purposes.
Police tipped off

If Reader finds that Burke did possess the marijuana legally, then Resnick says the case must be dismissed.

Burke, 23, was charged with possession of marijuana with intent to deliver, a four-year felony, and a misdemeanor charge of possession of marijuana after undercover narcotics officers received a tip Aug. 18 that he was growing marijuana in his home.

Officers discovered remnants of marijuana in three bags of discarded garbage and used that information to get a search warrant, which allegedly revealed 13 marijuana plants in the defendant's backyard, according to court documents.

Police allege they also found marijuana in an unlocked and unsecured closet in Burke's bedroom.

Assistant Prosecutor Daniel Rose said Burke does not qualify under the state's new law because he "had more than 12 marijuana plants;" he possessed those plants outside of an "enclosed, locked facility;" and because he possessed marijuana without a valid "registry identification card," according to court documents.
Details of law

Michigan's medical marijuana law allows a patient to register through the Michigan Department of Public Health with a doctor's prescription to possess up to 2.5 ounces of pot and cultivate up to 12 marijuana plants in an enclosed, locked facility, such as a closet, room or other enclosed area.

Medical marijuana identification cards are not yet available from the Health Department and will not be issued until April 4.

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