feb 7, 2014 - U.S.A. v Duval
Description:
The U.S.A. v Duval case is an example of how blurred the lines are between state and federal laws. Under Michigan's Medical Marijuana Act (MMMA), Gerald Duval Jr., his children Jeremy and Ashley Duval were allowed a total of 156 cannabis plants due to all three's state status of "patient" (they had an illness and were prescribed) and Jeremy and Ashley's registration as "caregivers." Searches of the family's house found 211 plants, and the family was convicted for 5-10 years. However, the Duvals claim the search warrants used were invalid, as the law enforcement officials knew the cannabis was on their property due to MMMA regulation visits for the state. The Country Sheriff denied these claims and said he discovered Gerald was a felon convicted of cocaine trafficking, making him unable to qualify as a caregiver for the MMMA. As a task force agent, the Sheriff was able to get either a state or federal warrant. The court found that the Sheriff obtained a state warrant based on Gerald's violation of state, not federal, law. Normally in this situation, officials would get a federal warrant. However, the County Sheriff said that at the time, his team didn't know if the case was going to state or federal court. Ultimately, the Duvals were convicted. The Duvals believed they were protected under Michigan state law, however they were tried and found guilty. This trial is an example of how messy a case can become when laws between state and federal government contradict.
*It should be noted that the creator of this timeline is not a lawyer, and has omitted and changed some part of the case to shorten it in length and simplify the terms, therefore some parts of the above paragraph may be slightly incorrect.
Added to timeline:
Marijuana Legalization in the U.S.
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