Prosecutors have dropped marijuana charges and will return items seized from a Kimball Township woman in the wake
of a Michigan Supreme Court ruling last week, the woman learned Wednesday.
“I’m elated that this part is over,” said Ginnifer Hency. “It’s been a long year.”
St. Clair County Prosecutor Michael Wendling said about 18 cases were on hold while prosecution and defense waited on the Supreme Court decision.
“We re-evaluated the files that we had pending and at least five were no longer viable in light of the Supreme Court decision,” Wendling said.
“I think that’s an analysis that prosecutors across the state are undertaking.”
The Supreme Court ruling last week clarified when caregivers and users can use their medical marijuana certification as a defense or immunity if charged with a marijuana-related crime. It was the court’s ninth medical marijuana ruling since voters approved the Michigan Medical Marijuana Marihuana Act in 2008.
“We would have to have specific evidence on those items in order to overcome that burden now that we did not have to show before,” Wendling said.
Wendling said any unresolved civil forfeiture cases connected to those five dismissed cases also will be dismissed, and items seized will be returned.
The Free Press in February reported in February that police seized more than $24 million in assets from Michiganders in 2013. In many cases the citizens were never charged, but lost their property anyway.
Komorn said Hency was arrested and her home raided in July 2014. The medical marijuana caregiver was charged in December 2014 with possession with intent to deliver marijuana.
According to appeal documents from the prosecution, Hency told a Drug Task Force member she had six ounces of marijuana in a locked bag that she intended to exchange for a different strain with another caregiver and give the marijuana to her patients.
Her case was dismissed by visiting District Judge David Nicholson in May after Nicholson found that no crime had occurred.
The prosecutor’s office appealed in circuit court. Oral arguments on the appeal were supposed to be heard by Circuit Judge Michael West on Wednesday.
Hency’s lawyer, Michael Komorn, hailed the dismissal.
“But that does not eliminate the horror of what they’ve had to deal with the last year,” Komorn said.
“It didn’t come easy. We’ve had to fight for a year.”
Komorn said Hency’s family was devastated by the July 2014 raid on their home and Hency has had trouble finding employment because of the pending narcotics charge.
Hency said authorities seized several items, including a Chevy Impala, two iPhones, an iPad and a ladder, when they raided her home in 2014.
nuHency’s case gained national attention when she said the Drug Task Force also seized a sex toy.
Sheriff Tim Donnellon said that was investigated and was unfounded.
“It’s absolutely not true,” Donnellon said. “There’s no reason for us to do any such thing, it never happened,” he said.
The sex toy wasn’t listed on the forfeiture seizure list. endnu
The mother of four, who has multiple sclerosis, told Forbes Magazine that they even took her sex toy.
Hency said she appreciated the prosecutor’s decision to dismiss the case “in the interest of justice.” But she said she feels her case isn’t completely finished.
“When I get my stuff back I will consider it over,” Hency said.
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