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Judge Conducts His Own Medical Trial On Epilepsy And Marijuana

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judge richard garcia epilepsy michigan medical marijuanaLANSING- The judge who refused to return baby Bree to her parents is insisting on a trial to determine the legitimacy of father Steve Green’s medical basis for his medical marijuana certification. Green suffers from epilepsy and other ailments.

Judge Richard Garcia from Ingham County delivered his verdict on Friday, September 20. Although he could have returned Bree to her parents, Steve and wife Maria Green, he chose instead to continue the Referee’s order and keep custody of the child in the hands of her grandmother while demanding a trial to determine the validity of marijuana use and epilepsy. That case is set to be heard in early October.

Steve Green reported the startling development during his appearance on Michigan’s only real radio program focusing on marijuana issues, WFNT’s The Political Twist Up Show, which came less than 24 hours after the Judge’s ruling.

Judge Garcia doesn’t believe in the medical benefits of marijuana: at least, his actions indicate this. In the Green case he decided that the marijuana garden in the Green home creates a risk to the children, hence his decision to keep Bree from that building. If his trial proves that Green’s use of marijuana is justified, he will have to return Bree to the family and reverse his opinion that any marijuana garden in the home represents risk.

The chance of him making a pro-marijuana decision is minuscule. Tiny. Almost non-existent. We know this because he said so, two years earlier, when he threatened to take a child from another patient suffering from epilepsy.

Judge Garcia has made news in the past for using children as weapons to force parents out of the Michigan Medical Marihuana Program. In 2011, Garcia forced Livingston  Thompson Jr (no relation to this article’s author) to spend a weekend in jail for refusing to give up his doctor-certified medical marijuana certification, threatening to revoke Thompson Jr’s custody right to his then-10 year old daughter Shylynn.

The story was told via WILX, who reported that Garcia refused to accept Michigan’s state-issued card as proof of any illness- just as he has in the Green case. ”I understand he says he has a license. I told him a long time ago that I don’t accept that on its face value,” Garcia was reported to have said, referring to Thompson Jr. “I think he obtained that card fraudulently. I don’t think there’s a legitimate reason why he needs to smoke pot because he may have epilepsy.

That statement by Garcia to Thompson Jr proves that, no matter what evidence the Greens can produce in court, Garcia will not deliver a pro-marijuana decision, a pro-family decision, a decision that connects a daughter and her parents while respecting Michigan’s medical marijuana laws.

“The case worker feels Shylynn is doing find and well adjusted and so does the court because the court put Shylynn back with Mr. Livingston,” said Thompson Jr’s attorney, Matt Newburg, at the time.

WILX reported that Judge Garcia believed that Thompson Jr was addicted to marijuana and smoking it clouds his judgment as a father.

“If you continue to smoke, l will continue to put you in jail until you stop using,” Garcia said in court.

Attorney Thomas Lavigne, of Detroit’s Cannabis Counsel, told The Compassion Chronicles that “Judges are practicing medicine without a license, ordering patients to ignore their doctor’s recommendation to use an herbal alternative that has no overdose risk.  Judges order patients to take instead the pharmaceutical drugs- but not too many or you overdose.”

It is time to petition another judge to handle the Green case as Garcia is clearly biased on the issue.

Source: The Compassion Chronicles

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About Author

"Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer." Rick Thompson Is An Author At The Compassion Chronicles and focuses on all things Michigan.

30 Comments

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  2. unfortunately here in Michigan our Attorney General is even more biased than this judge and I’m sure they are in bed together on this issue. Our AG has even conducted a campaign across the state to educate the police on how to circumvent the law and bust legal card holders. many times using underhanded tactics such as lying about the facility being locked or someone being over on their numbers. We all look forward to our next state election as these idiots will certainly be voted out in favor of more cooperative politicians. 62% voted this into law several years ago, and now the numbers that approve legality are much higher. but prejudice still exists I was just told a lie today by my doctor that if I need my records to obtain my MMJ card they can refuse to fax my records to that doctor. I later found out from my Certification doctor that , that is against the law to refuse to give records to another doctor with my signature and request.
    I personally know 3 people that use cannabis to control their epilepsy , effectively, and much better than prescription drugs , without the side effects. Big pharma is mostly responsible for the propaganda that surrounds cannabis and lack of knowledge feeds it. so those of us that KNOW how effective and harmless it really is, need to educate those that fear or just plain don’t understand. There will be some opposition that you won’t be able to educate so ignore them and go on to the ones that will listen.

  3. These old people really just need to die. Anyone that believes in the Nixon/Reagan era, in relation to marijuana, needs to die. I may be to optimisitc but I feel like in the next 10-20 years this country will be better off. Us citizens of this free country really need to speak up and let your voice be heard. Sign a petition at least, don’t just complain to someone who can’t do anything. Talk to the local politicians and make sure they know your concerns. The only way this country gets turned around is if we do so. We need to take control, and not allow the corporate greed run this world. Just don’t go killing people.

  4. no,its limited to people with the balls to put a bullet between the eyes of tyrants. no problem on earth a well placed lead projectile can’t solve.

  5. looks like he’s another cog in the money machine called CPS, oh yea, i guess he’s a medical doctor also.

  6. Economic_Refugee on

    We have no shortage of shitty judges, one need look no further than a Judge in Montana that gives a rapist of a 14 year old 30 days. Our legal system is broken.

  7. bluecreamsherry on

    He has know idea how bad it is to have a seizure or see a loved one have one . he is to old and narrow minded to be on a bench this judge needs to read about what medical marijuana can do instead of making a personal judgement of what he thinks it does with medical marijuana you don’t get high

  8. This judge has totally lost it ! He’s there to uphold the law – not make up his own as he goes. Usually, at the begining of the list of attorneys in your local phone book, there is a number for people to file grievances on judges, attorneys, ect. I find it hard to believe that Garcia has ruled on cases like this before and is still on the bench. He has no legal ground to take the child out of the home to start with. I guess my question would be to the people of Lansing – why have you let him continue to be on the bench and hand down rulings that are against the laws of your state ? I understand some people can’t get past the idea that marijuana is an illegal drug or that it leads to the use of more hardcore drugs. But the fact remains that medical marijuana does NOT give you that high that street marijuana does. On the other hand, people trying to control their pain the conventional way are becoming what I call – legal drug addicts. You start with something like Tylenol 3 and before you know it, you’re left with nothing but morphine to attempt to control your pain. In the process your kidneys, liver, and other vital organs have failed and caused even more problems. All at the expense of medicare, medicaid, or some other insurance company. Obviously, there is proof that marijuana does control many health issues and in some cases, even better than the conventional medicines do. I personally would rather deal with someone who’s using medical marijuana than the one that is all strung out on morphine the doctor ordered !!

  9. How can he still sit on the bench if he is publicly stating that he doesn’t believe in a law on the state’s books?
    Get rid of him ASAP

  10. Jezebelj Ferrentino on

    seems to me if medical marijuana is allowed in the state, then the guy who was forced to go to jail for complying with his local laws regarding medical marijuana has every right to sue – for False imprisonment for starters.. just because a judge thinks that medical marijuana is a crock, doesn’t mean anything if the law says he can have it as long as his doctor prescribes it. End of story.

  11. Yet ANOTHER person stuck in the stone ages….People, when you suffer from chronic pain and there is something out there to help you without you having to break the bank or kill your liver, take it. Its been around for 1000’s of years. GOD, the same GOD he goes to Church (if he does go to church) and prays to made this stuff. I have suffered for over 26 years. I cant smoke it here because its illegal. If I would bring down the building on this man. Toss him off the bench. From the looks of his face it looks like he is either in real pain or constipated pretty bad. Something definitely is wrong with him. I don’t see how he can legally do this. He is allowing his personal opinions to cloud his judgment in this case. This guy should and I hope sues the court system, judge and anyone involved who is trying to take his child away from him. Medical Marijuana can and does get used every day by people who are in severe pain. For myself, I am stuck taking narcotics. Narcotics that are actually KILLING ME. I have been taking them for over 13 years due to over 40 surgeries on my back, hip, neck and other areas. NOT ONE TIME has my doctor done any type test to see what damage is done. Yes, as sad as it sounds I am thankful I am able to get these drugs, but only because I NEED THEM. I wake up in tears and hurt so bad the first thought in my mind each morning is I WISH I WAS DEAD. If I had my own supply of MMJ, I could have money to buy food and pay my utility bills, but in lieu of doing that I have to pay the pharmacy and the doctor. Actually YOU pay the pharmacy and doctor, I am on Medicare. So why would you not want to save the tax payers money. ITS STUPID. This country is in such bad shape and this is the reason why. Making dumb decisions like this because people are stuck back in the times of prohibition. Look what happened there… We will continue to fight people like this douche and get the bills passed. If I sound rude and perhaps out of line its because I just now went to bed and that’s when the pain really gets bad. Ive had all the pain meds I’m allowed for the day and will be suffering all night. Waking every 30-45 minutes trying to get comfortable. WE MUST HELP THESE PEOPLE. Yes, a PETITION is in ORDER, Where DO I SIGN! This is NUTS!
    M. Sosebee
    Chickamauga, GA

  12. How is that any different from making the Judge demonstrate that he is fit for the Bench? This action actually demonstrates that he is not.

  13. Grow your own – weedsthatplease com can help for free. This is the best Season to grow indoors, less electric for cooling your garden. As far as the court goes, I hope this judge and his family members never need the help of God’s medicine – They do not deserve it (IMO)

  14. This should be declared a mistrial. Judge Garcia is so outside the law that lhis rulings in the case cannot be accepted as legitimate. While unfortunate, appeals are the only way to move toward clearing it up. If the Greens win, the prosecution will no doubt appeal. If the Greens lose, they will be obligated toward themselves to appeal. Taking a judge down is a real tall order. They are protected with qualified immunity, and recourse is limited to the legislature and to the Judicial Oversight Panel.

  15. Were is this petition can I sign it? I want to offer my help anyway i can please post a link or email so that I can get involved!!!

  16. “Judge Garcia doesn’t believe in the medical benefits of marijuana….” This guy needs to be impeached. A judge cannot adjudicate a case based on his or her own personal beliefs and biases. His job is to uphold the law, not to impose his own ideological agenda.

  17. This judge needs to be defrocked and disbarred! As proponents of cannabis, this kind of conduct on the bench is what we should fear the most.

  18. I don’t have epilepsy…I have epilepsies. Pot works to prevent seizures, and if I forget to prevent one, pot relieves the symptoms in minutes rather than days.

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