Recently, a state appellate court issued a written opinion in a Michigan marijuana case in which the defendant argued that the identity of the confidential informant used by law enforcement should be disclosed. Ultimately, the court concluded that the defendant was not entitled to the disclosure and affirmed the defendant’s conviction for both the distribution of marijuana as well as a firearms offense.
The Facts of the Case
According to the court’s opinion, police officers were tipped off by a confidential informant that the defendant was selling marijuana from his home in Pontiac, Michigan. As officers arrived at the defendant’s home, they saw him sitting on his front porch with a pistol in his hand. Officers went into the defendant’s home, where he was searched. Officers located marijuana, cocaine and a loaded gun.
In a pre-trial motion, the defendant argued that the prosecution should be compelled to release the confidential informant’s identity. The defendant based his argument on the fact that the defendant had a medical marijuana card and only distributed marijuana to his patients. The defendant argued that, if the confidential informant existed, it was not illegal for the defendant to sell marijuana to him.