Neil Rockind’s Challenge to Schedule I Status in Michigan

Neil S. Rockind, a prominent criminal defense attorney based in Bloomfield Hills, Michigan, successfully argued for the dismissal of charges in People v. Richmond (also referenced as the “Clinical Relief Dispensary Case”). This case centered on marijuana-related charges tied to the operation of a medical marijuana dispensary (Clinical Relief) in Michigan. Rockind challenged the validity of marijuana’s classification as a Schedule I controlled substance under Michigan law, arguing that it was unconstitutional and violated equal protection principles, particularly in light of the state’s Michigan Medical Marijuana Act (MMMA, enacted in 2008).

Key Case Background and Outcome

• Charges and Context: The defendant (identified as A.B. or Richmond in records) faced felony charges related to the possession, distribution, and operation of a marijuana dispensary, which was illegal under Michigan’s Public Health Code at the time due to marijuana’s Schedule I status (deeming it to have “no accepted medical use” and “high potential for abuse”).

• Legal Argument: Rockind filed a motion to dismiss, contending:

• The Schedule I classification was outdated and inconsistent with the MMMA, which recognized marijuana’s medical utility.

• The statute violated the Equal Protection Clause of the U.S. and Michigan Constitutions by treating medical marijuana patients and caregivers unequally compared to those using other regulated substances.

• This was part of broader advocacy amid evolving state cannabis laws, predating Michigan’s full recreational legalization in 2018.

• Ruling: The Oakland County Circuit Court granted the motion to dismiss with prejudice (meaning charges could not be refiled). The judge explicitly ruled that “marijuana was no longer a Schedule I Controlled Substance in Michigan” for the purposes of this case, effectively invalidating the charges based on the classification challenge. This outcome aligned with emerging judicial interpretations post-MMMA, which led to similar dismissals in medical marijuana cases.

• Date and Court: Handled in Oakland County Circuit Court (exact filing year not publicly specified in summaries, but tied to early 2010s dispensary enforcement waves; post-2008 MMMA). The dismissal was affirmed in related appeals, including suppression of evidence in People v. A.B. (Michigan Court of Appeals, 2012), where Rockind secured dismissal of marijuana and firearms charges for a medical patient.

Broader Impact

This victory was one of Rockind’s notable successes in medical marijuana defense, contributing to the erosion of strict enforcement against caregivers and patients before Michigan’s 2016 caregiver registry expansions and 2018 recreational amendments (Proposal 1). It highlighted tensions between federal Schedule I status (unchanged until partial rescheduling proposals in 2024) and state reforms. No federal challenges were involved; the focus was state-level invalidation.