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Can Police Use A ‘Borrowed’ Medical Marijuana Card?


michigan medical marijuana cardPretending to be a medical marijuana patient just got a lot easier for undercover narcotics officers in Michigan. A case from Port Huron features a unique twist; police just “borrowed” a medical marijuana card from a friend and made a marijuana purchase.

Or did the St. Clair County Sheriff’s undercover officer take the card out of the evidence file from another case? A hearing on Monday will reveal the details- and if the ill-gotten card will be allowed to remain a part of the case against Don and Diane Ferguson.


Police pretend to be legitimate patients to trick- lawyers say, entrap- licensed and registered medical marijuana caregivers into transferring marijuana to someone they believe is sick for the purpose of alleviating their illness and symptoms. The trickery is mandatory, because the caregivers are not like drug dealers; these registered medical marijuana providers are so strict with their policies that, without proof that you are a patient, you won’t get anything from them.

“If people are so selective as to refuse to transfer marijuana to anyone not enrolled in the medical marijuana program, aren’t they behaving in a responsible way?” asked Genesee County activist and local elected official Eric Gunnels. “Shouldn’t police focus that effort on the people that sell hard drugs and don’t care who is buying it?”

Over the last five years police in Michigan have reportedly created their own fake medical marijuana cards, they have altered legally-obtained cards and they have lied to doctors and used false identities to have Michigan’s Licensing and Regulatory Affairs (LARA) issue bogus medical marijuana identification cards straight from the government press.

“A classic tale of wasted resources. Police spending the time and effort to entrap people who are selective and compassionate and demonstrably not posing a risk to the health and safety of the community,” observed Jamie Lowell of the Michigan chapter of Americans for Safe Access and Ypsilanti’s 3rd Coast Compassion.

“To create crimes by using another person’s card falsely is the opposite of what the voters intended when they passed the MMMA,” stated Southfield attorney Michael Komorn. Regarding patients and caregivers trapped by law enforcement over the years through the use of the misrepresentation of identity, he said, “This is a category of individual that is so different than those the law was intended to punish.”


In the Ferguson case, the undercover officer convinced Don Ferguson that he was a patient. After marijuana was allegedly transferred Don was arrested and search warrants were issued for his home, where Diane lay sleeping. It was the fraudulent representation of that card by the undercover that created Don’s belief in the legality of his alleged actions.

“(The undercover officer) has been on the stand testifying about the card twice,” said Diane Ferguson, in an exclusive interview with The Compassion Chronicles. The card was issued to a person whose first name is Joe, and the questionably-obtained card has been referred to as the ‘Joe card’ by the defendants.

“On the stand all he would say was, I borrowed it from a friend,” Diane said.  ”He admitted twice on the stand that he used this card.”

The name on the card seems to match the name of a person who was ensnared in a drug raid executed by the same Sheriff’s office earlier that month. That case is being argued by Komorn.

“The St. Clair County Sheriff Deputy has been using this ‘Joe card’ to ensnare other patients and caregivers into doing transactions,” Komorn said.

“I think it’s fair to say that, if the undercover officer and the raid victim were “friends,” as he has indicated in court proceedings, their relationship may be hitting a rocky point just about now,” attorney Jeff Frazier observed.


According to the Fergusons, the St. Clair Prosecutor’s Office sent a notice of in limne procedure for Monday to remove the use of the card from the court proceedings. The court has scheduled jury selection proceedings in the criminal case against the Fergusons for Tuesday, January 6th.

Having the questionable card removed from the evidence in the Ferguson case may halt the inquiries into how it was obtained and if its use in this manner is lawful, but Komorn questions this “manipulation of evidence.”

In an odd twist, Ann Arbor attorney Jim Wines informed the Fergusons that he intends to withdraw from the case over a money issue and that request may be brought before Judge Michael West during one of the two court dates.

Regardless of the decisions Judge West and the potential jury may arrive at, punishment has already been dealt to the Fergusons. They are selling everything precious to them to cover attorney’s fees, including a treasured motorcycle and a Ford truck.

Beyond the financial, the sting of being raided hits home even before charges are brought. Diane Ferguson told TCC that her opinion of law enforcement has been forever altered- and not for the better.

“I have had the police help me so much through my lifetime. I always trusted them before. Never again.”

Attorney Komorn has heard this many times from defendants. “The fears, the emotions, seeing your house ripped apart. These are images that will never go out of someone’s mind.”

Post-Traumatic Stress Disorder (PTSD) is caused by shocking, traumatic events in one’s lifetime that leave them mentally scarred and physically responsive to situations of a similar nature. Diane Ferguson has all the classic symptoms of the ailment.

“Every night when it gets dark I get shaking attacks,” Ferguson said. “They busted in my house in the dark. They busted in with guns. They busted up the house right in front of me. ”

Her voice shook as she said, “How can you live with this every day, and still trust them? You can’t.”



for Don and Diane Ferguson

January 6 9am

St Clair County 31st circuit ct

Circuit Court Judge Michael West, room 3300

201 McMorran Blvd., Port Huron  48060

Source: TheCompassionChronicles.Com


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.


  1. Diane Ferguson on

    This is not the card that was used by the undercover (it is a sample of a card) also he was asked for a DL that matched his Joe card and yes the card said Joe.

  2. I’m not going to get too excited just yet. I couldn’t agree more that what the p0lice did wasn’t right. My wife and I are both in our 60’s, we’ve had medical issues for years, now, for the past year and a half, she’s been battling cancer. Medical marijuana is a Gods send. Ok, has anybody noticed the DOB on the “Joe card”? Joes DOB is September 7, 1988, the card was issued August 9, 2010, Joe would’ve been 21 years old at the time. I’m just curious as to what medical problems were at issue here regarding young Joe. I know thats kinda moot and I don’t trust the p0lice much either, but come-on. Do we know what the whole story is here? Joe may have a reputation with the p0lice going back to his juvenile days (2004). And he may be in better health than all of us put together. Which I know, still doesn’t make what the cops did right. Like most of you all, the people I really feel sorry for, are the Fergusons, Don and Dianne.

  3. legalizepotusa on

    This is so wrong !
    The US government has been perpetrating frauds on the people regarding pot ever since the thirties. They do it so much one might think they consider it an inalienable right. It is not. It is blatant fraud and entrapment. I believe that the Fergusons have a cause for criminal and civil actions against “Joe” and the cops involved. They should be taken to the whipping post and punished severely. Give them no quarter.!!!

  4. Unfortunately in Michigan, patient to patient transfers are illegal. A patient cannot transfer any marijuana period. A caregiver can only transfer to those registered to that specific caregiver. If the police used this tactic shame on them, but it’s well known that transfers are only very strictly permitted. The articles on this site sometimes refuse to tell the whole story. It’s a sad day when police resort to trickery but it is common everywhere. A simple check of a state issued identification would have been prudent. It’s strange how in some cities dispensaries are allowed to remain open and prosper but individuals are targeted?

  5. my only question is why didn’t he match the Patient card with a Valid State ID? So you sell to someone with a card but don’t bother to check the ID also? This Could of been a red flag and saved a lot of time.

  6. Wouldn’t this be illegal use of federal funds? Remember your not buying weed your buying fake identification with federal monies. That sounds like fraud to me. Hope non of this weed made it in to any cops pocket because then there all in deep shit.

  7. If cops hate crime, why are they making more crime through lies and deceit? GOD help us.

  8. Any medical Marijuana patients that let’s a cop use his med card even under duress should be black balled. Karma is a mother ffrr. This is why Michigan needs plastic med identification with a picture. I would pay the extra cost to support the picture and card.
    SECOND IT SHOULD BE ILLEGAL for any cop to TRAP ANY LEGIT MEDICAL MARIJUANA SUPPLYER. THIS CRAP BEING ALLOWED IN THE COURTS IS CRUEL. THIS IS WHY I AND MANY OTHERS WILL SUFFER IN PAIN UNTIL these asshole in the police department and political groups stop this blatant misuse of a loop hole.

  9. shouldnt post a mmmp card with confidential info still unblurred (this persons address and patient ID number).

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