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Press Release March 22, 2011 FOR IMMEDIATE

RELEASE

Bloomfield Hills Judge recants medical

marijuana prohibition

The Michigan Association of Compassion Centers SponsorsDefense

Bloomfield Hills, Michigan- Judge Kimberly Small of the 48th District Court has reversed her decision to

prevent the use of medical marijuana by a probationer. Previously, Judge Small had relied upon the prohibitions of 

marijuana use in federal law to deny Perry Winfrey, 38, a medical marijuana patient, the ability to use medical

marijuana pursuant to Michigan’s Medical Marijuana Act (MMMA). His defense is being sponsored by the

Michigan Association of Compassion Centers (MACC) as part of a campaign to establish case law supporting

patient’s rights across the state.

Winfrey’s attorney, Jim Rasor, argued that Winfrey was entitled to use medical marijuana while on probation and

that his privilege pursuant to Michigan law is not superseded by federal law. The court agreed with Rasor, and also

found that Michigan law clearly allowed Winfrey a right to a confidential doctor-patient relationship that Judge

Small could not invade. The Judge agreed that she was not a medical professional and she could not overrule

Winfrey’s doctor’s recommendation for use of medicinal cannabis.

However, Judge Small indicated that she would deny Winfrey the privilege of driving if he tested positive for 

marijuana use in the future. Rasor argued that this case does not involve the use of a motor vehicle while Winfrey

was impaired by cannabis or other drugs. A date is being set for further arguments regarding the revocation of 

driving privileges.

Today’s case marks the latest action MACC has taken in support of patients across the state. In January the MACC

filed an injunction to halt the release of patient records to the DEA by the MDCH, which was quickly joined by

Michigan-based Cannabis Patients United and the prestigious national organization Americans for Safe Access.MACC has sponsored individual court actions and large rallies while appealing to local and statewide agencies to

develop ordinances that comply with the MMMA.

In evaluating today’s court action Attorney Rasor praised Judge Small’s decision reaffirming Winfrey’s right to use

medical marijuana while on probation. “This decision clearly shows that Judge Small respects the will of Michigan’s

voters, at least in terms of the basic fundamental rights of Michigan’s medical marijuana patients. We are looking

forward to educating the court further on the right of Michigan’s medical marijuana patients to drive as long as they

are not impaired. The real issue is if the patients are impaired in the use of their motor vehicle, not whether they

have traces of THC or metabolites in their bloodstream.”

For more information please contact:

Michigan Association of Compassion Centers Rasor Law Firm

www.bigmacc.com www.rasorlawfirm.com

248 721-3518 248 543-9000

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