DEARBORN — Last week, a Michigan Court of Appeals upheld the disqualification of 19th District Court Judge Mark Somers’ decision over a medical marijuana case, concluding that he was biased when declaring the Michigan Medical Marijuana Association (MMMA) unconstitutional.

The move appears to be the latest in a trend of regulations and policies that are slowly but surely paving the way for the handling, selling and use of medical marijuana in the State. Last week, the Michigan Senate approved a bill that would allow the selling of medical marijuana at local pharmacies. 

But while the State continues to ratify medical marijuana, other cities this year have taken it one step further with attempts to legalize small amounts of marijuana for personal use. This month in Ferndale, 69 percent of voters approved a proposal that would allow individuals aged 21 and over to use, possess or transfer less than one ounce of marijuana on private property.

In Jackson and Lansing, voters also approved similar measures. But while voters appear to be determined to try to legalize marijuana in some forms, there still seems to be some grey legal areas. Conflicts with state and federal laws have made it difficult to determine policies, as enforcement agencies are still sorting out how it affects prosecution of marijuana possession.

Judge Somers of the 19th District Court.

In courtrooms across the State, judges have been left puzzled over how to handle marijuana cases. 

In Dearborn, a medical marijuana case involving local resident Glen Navoy may have done just that. Navoy, who presented a defense with a medical marijuana card to fight off possession charges, claims he was met with resistance from the court.

According to findings made by the Michigan Court of Appeals on Nov. 14., Judge Somers, who was overseeing the case, had stated on the record that he personally believed the MMMA was unconstitutional, possibly affecting his judgment in cases involving marijuana. 

An attorney on Navoy’s case filed a motion to have Somers disqualified from the case in December 2011, claiming that the Judge seemed to have a personal (displeasure with or prejudice against) marijuana, thus fearing that he wouldn’t be able to reach a fair judgment.

From 2012-2013, the case worked its way up from the Wayne County Circuit Court to the Michigan Court of Appeals. After examining the case, including the attorney’s claims against Somers, the court upheld the disqualification of Somers from an earlier ruling made by former Dearborn Judge Richard Wygonik. Wygonik, the former Chief Judge at the 19th District Court, had taken over the case in 2012.

In its findings, the court stated that Somers had referred to marijuana as the “devil’s weed” and “stan’s surge,” often lecturing defendants who appeared before him in marijuana cases, stating that they have contributed to drug cartels and homicides in Mexico. 

“It seems apparent to this Court that Judge Somers’ previous decision to declare the MMMA unconstitutional in its entirety, without any appellate courts agreeing or so holding, creates a serious risk of actual bias impacting defendant’s due process right to present a complete defense under a valid state law,” the ruling states.

In an interview with The Arab American News, Somers says that there may have been some factual inaccuracies in the case, as well as statements that he may or may not have made. Somers affirms that he has no bias towards medical marijuana cases, as he has dismissed many that have come his way, following the MMMA guidelines. 

“I’ve had a number of cases where the defendant comes to a pre-trial and brings proof that they have a medical marijuana card and the prosecution agrees to dismiss it,” Somers said.  “My goal is to follow the law as given by our superior courts and I have no issue with that. If the higher court rules in a particular way, then that’s the law we are going to apply here.”

Somers adds that sometimes the court may be in a no win situation when cases emerge involving the transportation of medical marijuana. Often, carriers are not following restrictions established by state laws that require them to keep the cannabis stored in a locked box in the trunk of a vehicle.

While marijuana cases continue to encounter bumps and dead ends as they navigate their way through Michigan’s legal system, one current case pending at the Michigan Supreme Court may be a game changer. 

A lawsuit filed by a medical marijuana patient in the city of Wyoming, Michigan could potentially answer some major questions for Michigan’s legal system. 

The patient who filed the lawsuit argues that the City’s ordinance, which bans the use and growing of medical marijuana under a zoning code, is against state laws. If the Supreme Court denies the City’s attempt to ignore the medical marijuana law, it could perhaps set a precedent for the direction judges take on similar cases in the future.