The state’s claim of a Heien-type mistake of law fails. The statute is not ambiguous, and the defendant didn’t violate it. State v. Trout, 2019 Ohio ___, 2019 Ohio App. LEXIS 124 (5th Dist. Jan. 15, 2019).
Defendant operated a medical marijuana grow in Michigan. He was subjected to a search, and he was indicted federally. He can’t meet his burden to enjoin the federal prosecution for violating the state MMJ statute under the federal appropriations act that limits use of federal funds from interfering with state MMJ activities. United States v. Trevino, 2019 U.S. Dist. LEXIS 7917 (W.D. Mich. Jan. 16, 2019).*