STANTON, Mich. (WOOD) - A Vestaburg couple is fighting to get their marijuana plants back after they were taken from their home in July 2009.
Police raided the home of David and Patricia Rempp on July 6 and seized 46 marijuana plants. Under the Michigan Medical Marijuana Act, the couple fought the charges filed against them, including the delivery and manufacturing of marijuana.
The criminal drug charges were dropped.
Now, the Rempps want their plants back.
"They both have some serious medical conditions," said the Rempps' attorney, Keeley Heath, in a statement. "They're legitimately using under the Medical Marihuana Act. They do have medical marijuana cards. The marijuana is obviously something that's difficult and costly for the Rempps to replace, just as any medication would be."
Among the officers that raided the Rempps' home was Andrew Bucholtz, a member of the Central Michigan Enforcement Team.
The Rempps filed a lawsuit against him earlier this month because they believe he has unlawfully kept their pot plants since the raid.
In part, the lawsuit states, "A physician had stated that, in the physician's professional opinion, after having completed a full assessment of (David and Patricia Rempp's) medical history and current medical condition made in the course of a bona fide physician-patient relationship, that (the couple) is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate (the couple's) serious or debilitating medical condition."
No one knows what happened to the marijuana plants, Heath said, and more parties may be added to the lawsuit as more information is uncovered.
A court date has not been scheduled.
Heath also said with the Medical Marijuana Act being so new to courts, it can be hard to interpret and understand.
"We've been having some recent success with medical marijuana cases," she said. "This is just an extension of trying to fight for the right of medical mari-juana patients."
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