Attorneys: Medical Marijuana Registrants Face 'selective Prosecution' By Federal Government

[bobandtorey]

GRAND RAPIDS, MI – Two men facing federal marijuana charges were singled out for prosecution because they are registered under Michigan’s medical marijuana law, their attorneys say.

Lloyd Thomas Martin and Ronald Andrew Jach asked that charges of conspiracy to manufacture 100 marijuana plants be dismissed on grounds of selective prosecution.

Their attorneys, in a court filing, said the government has shown “an intent to attack” the state’s medical marijuana law.

“I think this has been a developing issue for a long time,” Martin’s attorney, Frank Stanley, said recently.

The defendants, along with Lonnette Patricia Martin-Strecker and Walter Leon Collins, are accused of conspiring to grow marijuana in Kent and Newaygo counties.

Stanley, along with Jach’s attorney, Lawrence Phelan, said there is “nothing remarkable” about the allegations against their clients other than Martin’s “smorgasbord of physical problems” and their registration under the Michigan Medical Marijuana Act, or MMMA.

“Said differently, there is nothing egregious about the facts of the case that makes it stand out from a routine marijuana grow operation. The defendants are not zealots, and are not advocates against the enforcement of federal law because of the MMMA.

"Rather, they are ordinary people who happened to have MMMA cards,” Stanley and Phelan wrote in a joint filing.

Marijuana is illegal under federal law, a judge noted in a recent ruling.

The federal government, in this case and others, has filed motions in limine to preclude defendants from using the state medical marijuana law as a defense in a federal trial.

Stanley and Phelan said the filing showed the federal government’s stance toward state medical marijuana laws.

“It is clear that the MMMA is a factor in the government’s decision because the Motions in Limine are all focused at that legislation,” they wrote.

“It is also true that Michigan has not been bashful about prosecuting individuals who are involved with marijuana and who are not protected by the MMMA. If the defendants are in violation, and if they are not protected by the MMMA, they are certainly subject to state prosecution.”

As of late last month, the attorneys noted, there were 131,483 registered medical marijuana patients and caregivers in Michigan. All presumably were violating federal law.

Stanley said: “Why is this case being prosecuted when so many others aren’t? What’s going on here?”

Assistant U.S. Attorney Mark Courtade said recently that federal authorities go after larger operations where amounts exceed what would be legal under the state law.

But, he noted, the medical marijuana law “doesn’t apply in federal court.”

Stanley and Phelan said courts have set a “heavy burden” for those asserting selective prosecution. They have to show their clients were singled out, and that the government acted in bad faith.

“The defendants have no idea why they were selected for federal prosecution, but the undisputed facts and relative normalcy of the case strongly suggests that they were singled out in violation of the doctrine of selective prosecution,” the attorneys wrote.

They have requested a hearing on the issue.

 

http://www.mlive.com/news/grand-rapids/index.ssf/2012/06/attorneys_medical_marijuana_re.html

[restlesslegs]

I don't understand why we are looking at so many Fed cases when it comes to MM in a state that it is legal. Albeit the men had 100 plants but considering how many people there are it doesn't make sense but that doesn't mean anything right now just like your case. Seems like there are a lot of these type charges being filed in Grand Rapids.

Edited June 5, 2012 by restlesslegs

[Dr. Bob]

The key there is 100 plants. A medical grow? The feds are not interested in medical patients following their state law. They are interested in commercial grows, dispensaries, and other for profit trafficing of large amounts of marijuana. Where does this fall? 100 plants, you decide. Selective prosecution holds water when they are prosecuting large numbers of grandma's with glaucoma and less than 12 plants, 2.5 ounces.

 

Dr. Bob

[restlesslegs]

There really isn't enough information in this article. Is this all together in one area or separate areas, are the men caregivers. Unfortunately they won't allow the fact they are MM patients to be used as a defense and I think that bothers me the most. If we can keep the Feds out of these cases it would make a dramatic difference. How do the Feds find out about these cases, are they keeping a close eye on Michigan?

[GanjaWarrior]

The key there is 100 plants. A medical grow? The feds are not interested in medical patients following their state law. They are interested in commercial grows, dispensaries, and other for profit trafficing of large amounts of marijuana. Where does this fall? 100 plants, you decide. Selective prosecution holds water when they are prosecuting large numbers of grandma's with glaucoma and less than 12 plants, 2.5 ounces.

 

Dr. Bob

the feds are in a war with marijuana of any variety. the feds dont give a bunny muffin about my card, nor could i bring it up in court. not knowing about me isnt the same as not pursuing me.

[CaveatLector]

There really isn't enough information in this article. Is this all together in one area or separate areas, are the men caregivers. Unfortunately they won't allow the fact they are MM patients to be used as a defense and I think that bothers me the most. If we can keep the Feds out of these cases it would make a dramatic difference. How do the Feds find out about these cases, are they keeping a close eye on Michigan?

There are federal agents on virtually every drug task force in the state. They are omnipresent. It isn't a matter of them keeping a close eye on Michigan.

 

Knowing this, people need to stay below limits that attract fed attention. Such a simple thing yet so many would rather push their luck. Don't have 100 plants in one location regardless of the number of cgs.

[GanjaWarrior]

There really isn't enough information in this article. Is this all together in one area or separate areas, are the men caregivers. Unfortunately they won't allow the fact they are MM patients to be used as a defense and I think that bothers me the most. If we can keep the Feds out of these cases it would make a dramatic difference. How do the Feds find out about these cases, are they keeping a close eye on Michigan?

 

Its part of obammers war on medical marijuana

[restlesslegs]

There are federal agents on virtually every drug task force in the state. They are omnipresent. It isn't a matter of them keeping a close eye on Michigan.

 

Knowing this, people need to stay below limits that attract fed attention. Such a simple thing yet so many would rather push their luck. Don't have 100 plants in one location regardless of the number of cgs.

No doubt but I always wonder when I read about these cases how did they find this out. What leads them to these people? I am legal and don't do things to attract attention and I am always curious as to how this happens to bring this down on the state level which leads the Feds into it.

[Dr. Bob]

How did they find out? Don't know. I would venture a guess that it was a commercial grow and they were selling, and that brought them to the attention of the Feds. Remember 100 plants ????

 

Dr. Bob

[Hayduke]

100 plants gets you Federal interest, investigation, and potential Federal charges.

 

If you think it would be different with Willard Romney or anyone else for that matter, I am inclined to believe you are mistaken.

[AmishRnot4ganja]

4 people X 12 plants = 48

 

5 patients X 12 plants X 4 caregivers = 240 plants. Whoops! It appears to be rather easy to exceed acceptable levels if caregivers grow under cooperative arrangements. The act must address this problem somewhere, doesn't it?

[Kingdiamond]

Whats happening is once michigan law enforcement cant catch legal caregivers breaking the law they resort to making a phone call to the feds because to them everythings against "federal law" so they do not have the restraints put on them that the local yokels have .

[Dr. Bob]

4 people X 12 plants = 48

 

5 patients X 12 plants X 4 caregivers = 240 plants. Whoops! It appears to be rather easy to exceed acceptable levels if caregivers grow under cooperative arrangements. The act must address this problem somewhere, doesn't it?

 

5 patients x 12 plants x 25 caregivers = 1800 plants. Who thinks they can get away with that?

Dr. Bob

[restlesslegs]

Whats happening is once michigan law enforcement cant catch legal caregivers breaking the law they resort to making a phone call to the feds because to them everythings against "federal law" so they do not have the restraints put on them that the local yokels have .

Think that is about right. I always find it just a bit odd and very curious it is always 100 or 200 or 250 plants. Not sure about anyone else but I don't grow plants by the 10's.

[restlesslegs]

Also makes me curious that people that do not grow are the ones who seem to know it all, they don't smoke they don't grow for patients, yet they know all about everything.

[SFC]

Anyone that can read can know plenty. What part of what Bob is saying do you not find accurate restlesslegs? You speak of people constantly attacking yet you just did it again.

[restlesslegs]

What I say is true and I am not calling anyone names making a rather obvious observation is all and it gets tiring. And I do not "attack". LOL Who says it is Bob or is that your observation

Edited June 5, 2012 by restlesslegs

[restlesslegs]

oolaa

Edited June 5, 2012 by restlesslegs

[SFC]

Well considering the only known person in this thread that fits the criteria of your post is Bob it is rather obvious. But, we all know that is your style, I just want you to know that we know... Savvy?

[restlesslegs]

Hmmm hummm I don't have a beef with you SFC at least not from what I see here at the MMMA. And there are a lot of us who are savvy to a few things more then is given credit for. Insults, style? you don't even have half a clue of who I am. Don't start crap where it doesn't need to be started.

[SFC]

Fair enough..

[CaveatLector]

Hmmm hummm I don't have a beef with you SFC at least not from what I see here at the MMMA. And there are a lot of us who are savvy to a few things more then is given credit for. Insults, style? you don't even have half a clue of who I am. Don't start crap where it doesn't need to be started.

 

 

Also makes me curious that people that do not grow are the ones who seem to know it all, they don't smoke they don't grow for patients, yet they know all about everything.

 

 

 

Does that count as starting crap?

 

 

I suppose SFC may not have know of whom you were speaking so maybe you'll tell us then and we can clear it up? Let's face it--it was an uncalled-for comment. I don't know what growing or smoking has to do with being qualified to comment on what attracts federal attention.

 

Bottom line is you could have 5, 10, or 20 caregivers in a cooperative arrangement--that is true. However, the point is that THAT MANY PLANTS IN ONE PLACE is what will attract federal attention.

[GanjaWarrior]

Also makes me curious that people that do not grow are the ones who seem to know it all, they don't smoke they don't grow for patients, yet they know all about everything.

 

ty...this so needs to be said...over and over again i am afraid

[pic book]

Duh? Selective? Maybe in whom to tail, but all anybody needs to do to know who the growers are and where's their grow is follow them from the grow store...The biggest purchasers in the biggest pick-ups are the biggest growers. Selective? Certainly.

Edited June 6, 2012 by pic book

[THEmichi-icky]

The key there is 100 plants. A medical grow? The feds are not interested in medical patients following their state law. They are interested in commercial grows, dispensaries, and other for profit trafficing of large amounts of marijuana. Where does this fall? 100 plants, you decide. Selective prosecution holds water when they are prosecuting large numbers of grandma's with glaucoma and less than 12 plants, 2.5 ounces.

 

Dr. Bob

Dr. Bob, the feds are very interested in patients/caregivers who follow state law. They dont fly here from washington, they live here, just like the local police and rely on asset forfeiture the same. Would it make a difference, if you knew that 3 locations were invovled and not one was over state limits? <start sarcasm> but that can't be true b/c mlive never twisted or underreported anything<end sarcasm>

There are federal agents on virtually every drug task force in the state. They are omnipresent. It isn't a matter of them keeping a close eye on Michigan.

 

Knowing this, people need to stay below limits that attract fed attention. Such a simple thing yet so many would rather push their luck. Don't have 100 plants in one location regardless of the number of cgs.

plants were at seperate locations.

 

How did they find out? Don't know. I would venture a guess that it was a commercial grow and they were selling, and that brought them to the attention of the Feds. Remember 100 plants ????

 

Dr. Bob

here you go again bob, making the presumption that they were a bunch of dope growers looking for cash.Your acting like LEO; guilty untill proven innocent... God help anyone who has a MM card and gets you on a jury, they'll rot in prison.

5 patients x 12 plants x 25 caregivers = 1800 plants. Who thinks they can get away with that?

Dr. Bob

reduncancy

Does that count as starting crap?

 

 

I suppose SFC may not have know of whom you were speaking so maybe you'll tell us then and we can clear it up? Let's face it--it was an uncalled-for comment. I don't know what growing or smoking has to do with being qualified to comment on what attracts federal attention.

 

Bottom line is you could have 5, 10, or 20 caregivers in a cooperative arrangement--that is true. However, the point is that THAT MANY PLANTS IN ONE PLACE is what will attract federal attention.

Apart from what i've already said, They did not bring "federal" attention to themselves, the local LEO did after everyone was in compliance and they had extorted enough money from them. I'm not one of them but i've been following it closely.

Ask yourself though, If your a caregiver, do you know any other CGs? Have you ever run low and purchased meds from another cg? Do you know any patients? IF you do better watch out about those relationships, they might end up being labeled a conspiracy..

Edited June 6, 2012 by THEmichi-icky