The Solution: Neil Rockind, P.C. and Thomas Loeb, Esq Fight Back
Neil Rockind
Neil Rockind and Thomas Loeb, two (2) lawyers dedicated to the defense of medical marijuana patients, caregivers and the marijuana community fought back. Neil Rockind and Thomas Loeb, filed a lawsuit against Bloomfield Township challenging their ordinance and attempt to undermine the Medical Marijuana Act and Patients rights.
This website will chronicle Neil Rockind and Thomas Loeb's fight against Bloomfield Township, as the pair of law firms literally fight City Hall. We will include information about the lawyers, the pleadings, the press releases, the press interviews, the arguments advanced by the opposing side, pictures, etc. This site is devoted to this Marijuana Case, the fight to protect patients.
This website will chronicle Neil Rockind and Thomas Loeb's fight against Bloomfield Township, as the pair of law firms literally fight City Hall. We will include information about the lawyers, the pleadings, the press releases, the press interviews, the arguments advanced by the opposing side, pictures, etc. This site is devoted to this Marijuana Case, the fight to protect patients.
The Problem: Bloomfield Township
Bloomfield Township. Bloomfield Township is an affluent community in the heart of Oakland County, one of the nation's wealthiest and most affluent counties. One of its most affluent symbols -- Oakland Hills Country Club, the tony country club that is home to the United States Open Golf Tournament, the Ryder Cup Matches and the PGA Championship. It is also home to one of the more absurd and unconstitutional ordinances targeting the Medical Marijuana Act and the medical marijuana community. On October 25th, 2010, Bloomfield Township, adopted two (2) separate ordinances that severely impact the medical marijuana rights created by the Michigan Medical Marijuana Act.j
According to Bloomfield Township, the cultivation and/or distribution of medical marijuana is strictly prohibited. Despite the Act allowing and encouraging cultivation, Bloomfield Township passed a law that says that its residents cannot grow or cultivate. To add insult to injury, despite the intense and carefully drafted Act protecting patient's confidentiality and their patient information, Bloomfield Township mandates that its citizens identify themselves as marijuana patients for the police department. This scarlet letter or "marking" will be kept on file at the police department. And . . . only two (2) patients can live in a house together. God forbid, three patients live under one roof, e.g., three cancer sufferers pooling resources and sharing a home, one must move out per Bloomfield Township. Failing to register, having more than three patients in one home, growing . . . in other words, following the Medical Marijuana Act in Bloomfield Township gets you charged with a crime!
According to Bloomfield Township, the cultivation and/or distribution of medical marijuana is strictly prohibited. Despite the Act allowing and encouraging cultivation, Bloomfield Township passed a law that says that its residents cannot grow or cultivate. To add insult to injury, despite the intense and carefully drafted Act protecting patient's confidentiality and their patient information, Bloomfield Township mandates that its citizens identify themselves as marijuana patients for the police department. This scarlet letter or "marking" will be kept on file at the police department. And . . . only two (2) patients can live in a house together. God forbid, three patients live under one roof, e.g., three cancer sufferers pooling resources and sharing a home, one must move out per Bloomfield Township. Failing to register, having more than three patients in one home, growing . . . in other words, following the Medical Marijuana Act in Bloomfield Township gets you charged with a crime!
Michigan Medical Marijuana Act - Grow, Manufacture, Cultivate
In November 2008 the People of the State of Michigan passed an initiative to legalize medical marijuana in the State of Michigan. The initiative legislation was passed by a wide majority (63% in favor to 37% opposed) of the Michigan population at an election held on November 4th, 2008. The initiative was then certified on November 25th, 2008 and became effective on December 4th, 2008 (10 days after certification.)
Thus, as of December 4th, 2008, the Michigan Medical Marihuana Act (MCL 333.26422) was and is duly enacted Michigan law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marijuana. Michigan joins in this effort for the health and welfare of its citizens.
A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner...for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and…12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The Michigan Medical Marijuana Act protects the rights of patients to use and acquire marijuana as medicine AND cultivate, grow, farm and manufacture marijuana plants for the production of marijuana as medicine.
Thus, as of December 4th, 2008, the Michigan Medical Marihuana Act (MCL 333.26422) was and is duly enacted Michigan law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marijuana. Michigan joins in this effort for the health and welfare of its citizens.
A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner...for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and…12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The Michigan Medical Marijuana Act protects the rights of patients to use and acquire marijuana as medicine AND cultivate, grow, farm and manufacture marijuana plants for the production of marijuana as medicine.
Confidentiality Guaranteed
Lastly, the MMMA has a very particular privacy provision, to-wit: 333.26426(h), which states as follows:
(h) The following confidentiality rules shall apply:
(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.
(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.
(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.
These state-enacted laws are very clear: the State shall maintain a confidential list of persons who are registered under the MMMA. Registration has nothing to do with local municipalities. Michigan’s Department of Community Health is the entity that administers, maintains and monitors the list of protected patients. Inasmuch as Bloomfield Township seeks to hijack the Michigan Department of Community Health’s duties, with regard to the registration of medical marijuana users, the Township is in direct conflict with Michigan law.
(h) The following confidentiality rules shall apply:
(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.
(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.
(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.
These state-enacted laws are very clear: the State shall maintain a confidential list of persons who are registered under the MMMA. Registration has nothing to do with local municipalities. Michigan’s Department of Community Health is the entity that administers, maintains and monitors the list of protected patients. Inasmuch as Bloomfield Township seeks to hijack the Michigan Department of Community Health’s duties, with regard to the registration of medical marijuana users, the Township is in direct conflict with Michigan law.
Tom Loeb
Thomas Loeb is an experienced and dedicated trial lawyer who focuses his practice on criminal defense, divorce and family law, plaintiff's police misconduct, and grievance defense.
Mr. Loeb began his legal career in 1976, and has been helping people throughout Michigan ever since. He established his private practice in 1981, and concentrates in the areas of criminal defense, divorce and family law, plaintiff's police misconduct (representing the victim's of police brutality in civil actions against law enforcement officers) and representing lawyers, doctors, and other licensed professionals when they are accused of violations of their professional standards.
With experience in over 300 jury trials and countless more bench trials, evidentiary hearings, and hearings in contested matters, attorney Loeb is often sought after for his court room experience. In Wayne County, he has been a faculty member of the Criminal Advocacy Program (CAP) since its inception over 20 years ago, and has been on its Board of Directors for over 15 years. He has also been a faculty member of the CDAM Criminal Trial College since 2005, and presented to the entire college in 2009 on direct exam techniques. He is a lecturer for Michigan's Institute for Continuing Legal Education (http://www.icle.org) and spoke at their seminar on "Drunk Driving Defense Update" in Troy, in 2009. Mr. Loeb is AV rated by Martindale Hubbell.
Mr. Loeb's office is located in Farmington Hills, and serves clients throughout Wayne, Oakland, and Macomb Counties.
BAR ADMISSIONS
Mr. Loeb began his legal career in 1976, and has been helping people throughout Michigan ever since. He established his private practice in 1981, and concentrates in the areas of criminal defense, divorce and family law, plaintiff's police misconduct (representing the victim's of police brutality in civil actions against law enforcement officers) and representing lawyers, doctors, and other licensed professionals when they are accused of violations of their professional standards.
With experience in over 300 jury trials and countless more bench trials, evidentiary hearings, and hearings in contested matters, attorney Loeb is often sought after for his court room experience. In Wayne County, he has been a faculty member of the Criminal Advocacy Program (CAP) since its inception over 20 years ago, and has been on its Board of Directors for over 15 years. He has also been a faculty member of the CDAM Criminal Trial College since 2005, and presented to the entire college in 2009 on direct exam techniques. He is a lecturer for Michigan's Institute for Continuing Legal Education (http://www.icle.org) and spoke at their seminar on "Drunk Driving Defense Update" in Troy, in 2009. Mr. Loeb is AV rated by Martindale Hubbell.
Mr. Loeb's office is located in Farmington Hills, and serves clients throughout Wayne, Oakland, and Macomb Counties.
BAR ADMISSIONS
- Michigan, 1976
- United States District Court, Eastern and Western Districts of Michigan
- Sixth Circuit, 1985
- Juris Doctor, 1975
Wayne State University, Detroit, MI - Bachelor of General Studies, 1972
University of Michigan, Ann Arbor, MI
Neil Rockind
Many words have been used to describe me as a lawyer. Artist. Lifesaver. Gifted. Animal. Master. Emotional. Hearing those things said about oneself is not easy. Don’t get me wrong, they are kind words and I appreciate each one of them but they only begin to scratch the surface of my character, my soul, my essence. There is something deeper in me -- a need to win or die trying.
I happened upon a portion of a speech given by Theodore Roosevelt that comes closer to describing me and what I feel:
“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood . . .”
I am a trial lawyer. A warrior. Unlike many of my contemporaries, I am in the arena. While I hate to see the government put a client, his/her family and loved ones in that arena, I relish those moments. I live for them. As I’ve said many times before, I was born to do this.
How did I get here? How did I become a criminal defense attorney?
In 1968, the country was in turmoil. War. Protests. The Counterculture. Citizens were fighting back against the government. In the midst of this environment, I was born. From the start, my parents and relatives said that “Neil’s going to be a lawyer.” I didn’t think much about it then . . . looking back on it now, I know that they saw into my soul -- I would never back down. I will fight.
I was born in Detroit, Michigan, graduated from the University of Michigan and returned to Detroit to go to law school (Wayne State University Law School). After law school, I joined the Oakland County Prosecutor’s Office. At one point, the Prosecuting Attorney, referred to me as one of the top five (5) trial lawyers in his office (of 120+ lawyers). In 1997, I could take prosecuting cases and people no more . . . I resigned and became a criminal defense lawyer. I have never looked back. Law and Politics Magazine named me of one of Michigan’s Super Lawyers, an honor bestowed on only 5% of all criminal defense lawyers, 944 Magazine named me one of Detroit’s Movers and Shakers and dbusiness magazine named me of Detroit’s Top Lawyers.
But some people still wonder, “how did you get to the forefront of Michigan Medical Marijuana Defense?” I hate suffering. I have seen too much of it in my family history. If medical marijuana provides assistance or relief to anyone suffering from any illness or painful condition, then that person should have access to it. Period. The idea of the government interfering in those personal decisions offends me to my core.
This biography is unconventional, I recognize that. Its written differently than any other I’ve seen. But, I’m an unconventional lawyer. Different than any other I’ve seen or met.
I live in the arena, the courtroom. I fight.
Bar Admissions:
Michigan, 1993
New York, 2006
U.S. District Court Eastern District of Michigan, 1997
U.S. District Court Northern District of Ohio, 2003>
U.S. District Court Western District of Michigan
U.S. Court of Appeals 6th Circuit, 2001
Education:
Wayne State University Law School, Detroit, Michigan, 1993
Juris Doctor
University of Michigan, Ann Arbor, Michigan, 1990
Bachelor of General Studies
Professional Associations and Memberships:
Michigan State Bar Association
Member
New York State Bar Association
Member
National Association of Criminal Defense Lawyers
Member
Criminal Defense Attorneys of Michigan
Member
Michigan Trial Lawyers Association
Member
American Association for Justice
Member
State Bar of Michigan, Criminal Defense section
Member
Friends of the Israel Defense Force, Board of Directors
Anti-Defamation League (ADL), Regional Advisory Board
Past Employment Positions:
Oakland County Prosecutor's Office, Assistant Prosecuting Attorney, 1993 - 1997
Fraternities/Sororities:
Alpha Tau Omega
I happened upon a portion of a speech given by Theodore Roosevelt that comes closer to describing me and what I feel:
“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood . . .”
I am a trial lawyer. A warrior. Unlike many of my contemporaries, I am in the arena. While I hate to see the government put a client, his/her family and loved ones in that arena, I relish those moments. I live for them. As I’ve said many times before, I was born to do this.
How did I get here? How did I become a criminal defense attorney?
In 1968, the country was in turmoil. War. Protests. The Counterculture. Citizens were fighting back against the government. In the midst of this environment, I was born. From the start, my parents and relatives said that “Neil’s going to be a lawyer.” I didn’t think much about it then . . . looking back on it now, I know that they saw into my soul -- I would never back down. I will fight.
I was born in Detroit, Michigan, graduated from the University of Michigan and returned to Detroit to go to law school (Wayne State University Law School). After law school, I joined the Oakland County Prosecutor’s Office. At one point, the Prosecuting Attorney, referred to me as one of the top five (5) trial lawyers in his office (of 120+ lawyers). In 1997, I could take prosecuting cases and people no more . . . I resigned and became a criminal defense lawyer. I have never looked back. Law and Politics Magazine named me of one of Michigan’s Super Lawyers, an honor bestowed on only 5% of all criminal defense lawyers, 944 Magazine named me one of Detroit’s Movers and Shakers and dbusiness magazine named me of Detroit’s Top Lawyers.
But some people still wonder, “how did you get to the forefront of Michigan Medical Marijuana Defense?” I hate suffering. I have seen too much of it in my family history. If medical marijuana provides assistance or relief to anyone suffering from any illness or painful condition, then that person should have access to it. Period. The idea of the government interfering in those personal decisions offends me to my core.
This biography is unconventional, I recognize that. Its written differently than any other I’ve seen. But, I’m an unconventional lawyer. Different than any other I’ve seen or met.
I live in the arena, the courtroom. I fight.
Bar Admissions:
Michigan, 1993
New York, 2006
U.S. District Court Eastern District of Michigan, 1997
U.S. District Court Northern District of Ohio, 2003>
U.S. District Court Western District of Michigan
U.S. Court of Appeals 6th Circuit, 2001
Education:
Wayne State University Law School, Detroit, Michigan, 1993
Juris Doctor
University of Michigan, Ann Arbor, Michigan, 1990
Bachelor of General Studies
Professional Associations and Memberships:
Michigan State Bar Association
Member
New York State Bar Association
Member
National Association of Criminal Defense Lawyers
Member
Criminal Defense Attorneys of Michigan
Member
Michigan Trial Lawyers Association
Member
American Association for Justice
Member
State Bar of Michigan, Criminal Defense section
Member
Friends of the Israel Defense Force, Board of Directors
Anti-Defamation League (ADL), Regional Advisory Board
Past Employment Positions:
Oakland County Prosecutor's Office, Assistant Prosecuting Attorney, 1993 - 1997
Fraternities/Sororities:
Alpha Tau Omega
