[420 Girl]

Donald Dietz, 57, of Sherwood Township, says he needs to possess and use marijuana for his “severe diabetic neuropathy.”

His attorney Shellie Huffman of Colon has filed a motion to dismiss charges against him citing Mich-igan’s Medical Marijuana Act, passed by 63 percent of voters last November, as a defense to his July 2008 arrest.

Michigan State Police, acting on a tip, went to his home on Wheatfield Road and found 11 plants, 55 grams of marijuana, three grow lights and 20 grams of burnt marijuana.

Branch County Circuit Court Judge Bill O’Grady will have to decide if Dietz is covered by the law and the four-year felony charges of possession with intent to deliver must be dismissed.

Two other Circuit Court judges, William Carmody of Alger County and Patrick Joslyn of Tuscola County, have dismissed charges based on similar facts.

Battle Creek physician Dr. Mark Henry has treated Dietz for four years. He has issued an affidavit indicating Dietz would “likely receive therapeutic benefit” from use of the drug.

http://www.420magazine.com/forums/in...juana-act.html