A Royal Oak traffic stop that lead to the seizure of a licensed medical marijuana patient’s pot is coming under scrutiny.
The Macomb Daily reports on the case of Christopher Frizzo, a 46-year-old Royal Oak man who had his seven grams of medical marijuana seized last month following a traffic stop. Royal Oak police allege Frizzo made an improper lane change, and that was the reason he was pulled over.
When cops found his medical marijuana, along with his handicap license plate, medical marijuana patient card, walker and cane, they seized it because Frizzo was not listed as a patient on any licensed provider’s license. He also, according to the police, refused to tell police where he got it.
“There are only two ways you can have medical marijuana: grow it yourself or get it from a registered caregiver and that person has to list you,” [Royal Oak Police Chief Christopher] Jahnke said. “(Frizzo) told us he got it from someone other than a caregiver. His marijuana — not his medical marijuana — was taken because he got it illegally.”
The American Civil Liberties Union says that’s not accurate.
“I think Royal Oak has it wrong,” [attorney Daniel] Korobkin said. “If you have less than 2.5 ounces, it doesn’t matter whether you got it from a supplier who isn’t registered or it dropped from the sky. If you’re a registered patient, it can’t be taken from you. You can’t be arrested. You can’t be prosecuted. It’s not contraband.”
Korobkin says his client has not decided whether to file a civil suit against the cops in the case.
Meanwhile, Royal Oak police say they have “empathy” for Frizzo, but they stand by their confiscation of his medical marijuana. The police chief noted that is department’s empathy and compassion were demonstrated by the fact that Frizzo was not arrested and charged with marijuana possession.