Green Bay hearing seeks to challenge pot convictions

On Tuesday June 28, Green Bay area medical cannabis patient and Michigan medical cannabis cardholder Chris Potter will be filing a motion seeking post-conviction relief on two 2014 Wisconsin cannabis possession convictions at a hearing at the Brown County Courthouse. Potter, a music producer, had the two pot arrests involving very small amounts of pot within a few months and ended up with a felony for .03 gram of cannabis for the second bust.

Wisconsin Order of a Practitioner statutes 961.41(3g) and 961.32(2c).
Wisconsin Order of a Practitioner statutes 961.41(3g) and 961.32(2c).

Under Wisconsin statutes dating to the early 1970s and a law passed in 1982, the value of patients having a note from a doctor regarding their medical use of cannabis, and/or a medical cannabis card from a legal state, a valid order of a practitioner as defined under state law, has been repeatedly documented in the last dozen years.

Court cases have been dismissed or never filed. Interactions with law enforcement have not resulted in arrest and in more than one case, forfeiture of any medical cannabis. These situations involved both Wisconsin residents with letters from their Wisconsin doctors, with out of state medical cannabis cards or authorizations, or a combination of both, as well as visitors to the state.

Potter, a Michigan cardholder since at least 2012, says his lawyer feels they have a good shot at getting the convictions overturned and contends the possession law is “unconstitutionally vague.”

Chris would appreciate some support at his Motion for post conviction relief hearing, set for 3:30 pm on Tuesday, June 28, 2016 in Green Bay at the Brown County Courthouse, 3rd Floor, Room 300. Cannabadger will post the results of the hearing as soon as they are available.

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