Attorney Lisa Dwyer Receives Rare Interlocutory Appeal in Medical Marijuana Case

Criminal defense attorney Lisa Dwyer recently filed notice of an interlocutory appeal (an appeal taken prior to the final judgment in a case) after the motion seeking injunctive relief in a case (Case No. 15-cr-20800 filed in the United States District Court Eastern District of Michigan, Southern Division) stemming from her client’s alleged manufacture of a destructive device, as a prohibited person was denied. The defendant had a medical marijuana card due to the migraines he suffered as a result of a closed head injury he received during a violent attack by gang members in his neighborhood.

Court documents state that the defendant was growing two marijuana plants in his backyard that were secured, and on one occasion the plants were targeted by thieves. The defendant decided to protect the plants and his home by designing signaling devices or what he viewed as small fireworks to alert him to when someone was within inches of the two plants, which were grown adjacent to his back door. Court documents further state a thief later stepped on the signaling device and was injured.

The defendant, who at such time was deemed a “prohibited person” in that he was a marijuana addict or user, was charged with the manufacture of a destructive device, possession of an unregistered destructive device, possession of a destructive device by a prohibited person, and possession of explosive materials by a prohibited person. Court documents further state the defendant countered these allegations as he was lawfully using his medicine pursuant to the State of Michigan’s medical marijuana laws.

The defendant moved for injunctive relief to prevent the government from prosecuting him on two of four of his charges, because Congress passed an Appropriations Rider stating that the Department of Justice would not receive funding for the prosecution of medical marijuana cases in states where it is legal, but it was denied. However, according to court documents, the judge found the issue “subtle, unusual and would lend itself to interlocutory appellate review.”

About The Steingold & Dwyer Law Group

Attorneys at The Steingold & Dwyer Law Group specialize in criminal defense, including murder and other homicide cases, drug crimes, white collar crimes and conspiracy. Lisa Dwyer has practiced in federal court for more than 20 years and has expertise in a number of subcategories of criminal defense, including the defense of medical marijuana patients. For more information, please call (313) 962-0000, or visit http://www.steingolddwyerlaw.com. The law office is located at 400 Monroe St., Suite 280, Detroit, MI 48226.