A Michigan medical marijuana patient wants the state to drop the charges surrounding the bust of his 200-plant grow operation because they used the odor of his daughter’s clothing as probable cause for a search.

Earlier last year, after Randall Fieck's 6-year-old daughter showed up at kindergarten “with a strong odor of marijuana on her clothing,” school officials called authorities and reported the skunk-like odor. The girl told police that her dad was "growing marijuana in the basement of their residence and that she was not supposed to tell anyone."

Although medical marijuana can be legally grown in Michigan, the law only allows patients to cultivate a maximum of 12 plants – considerably less than the 200 plants authorities found in this case. However, Fieck’s attorney says the police did not have probable cause to search the premises because the defendant is a legitimate medical marijuana cardholder.

“The mere allegations that the kindergarten-age child smelled like marijuana and that Mr. Fieck’s home smelled like marijuana is insufficient for the magistrate to issue the search warrant,” wrote attorney Karl P. Numinen. “The officers had no reason to suspect that the quantity of marijuana was more than allowed” under Michigan’s medical marijuana law.

Yet, U.S. Attorney Patrick A. Miles said that Fieck opened himself up for a search the moment he refused to tell officers how many plants he was growing.

The defense is now hoping to get a federal judge to kill the search warrant. They are due back in court at the end of October.

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