Criminal Charges Issued In Medical Marijuana Raids

[bobandtorey]

Six people now are charged following a raid of three Springfield medical marijuana dispensaries last year.

The Calhoun County prosecutor issued the warrants Friday and Michigan State Police have begun to make arrests.

Chief Assistant Prosecutor Matt Smith said the warrants were issued for employees and owners of The Karmacy at 4549 W. Dickman Road, Southwest Compassion Care Center at 700 N. 20th St., and Happy Daze at 695 N. 20th St.

Smith said warrants were issued for two people at the Karmacy, one from the Compassion Care Center and three from Happy Days.

The owner of Karmacy, Kiel Howland, surrendered on Monday, according to his attorney, Bruce Leach of Grand Blanc.

“The government gave my client license to do something and the new prosecutor disagrees with that,” Leach said Tuesday. “We are confident my client will be exonerated.”

All three dispensaries were licensed by the city of Springfield and Leach said Karmacy was inspected by law enforcement and given approval to operate.

“In our opinion he was legally operating and was inspected and was approved,” Leach said.

Charges include delivery of marijuana and possession with intent to deliver marijuana. Possible penalties range from maximums of four years to seven years in prison.

Some employees of the dispensaries were not charged because they were following directions of the business owners and believed they were operating within the law, Smith said.

But Smith said the businesses were not following the parameters of Michigan’s Medical Marijuana law.

In some cases, he alleged, the employees were just selling the drug to buyers.

But Smith said Karmacy had established a system to suggest they were following the law.

“They tried to create a front that looked like they were following the law,” Smith said. “But they were growing it, they were selling it and they were pocketing the money.”

“There is nothing further from the truth,” Leach said about Karmacy operations. “It was professionally run by the book.”

Smith said the business owners suggested they assigned caregivers to each patient and that each caregiver was assigned an area at the business to grow the required number of plants and placed marijuana for each patient in locked cabinets.

But Smith said the investigation showed that caregivers were not assigned to patients, as required, and that marijuana was simply placed in different lockers according to price.

“We sent in two undercover officers who were assigned as patients and they never met their caregiver,” Smith said. “They didn’t know they were caregivers for those undercover police.”

“They tried to set up a front that they were doing everything correctly” he said. “They really weren’t.”

Smith said at the other two businesses, if a patient arrived with a medical marijuana card they simply were sold the marijuana.

“They were just selling. They got individual hand-to-hand deliveries.”

The charges follow the raids by the Michigan State Police and Southwest Enforcement Team on June 26 at the three dispensaries and homes of owners in Kalamazoo and Barry counties.

“Everything was completely legal,” Leach said. “This is a little ridiculous. They are not criminals but they are being turned into criminals.”

 

 

http://www.battlecreekenquirer.com/article/20140318/NEWS01/303180026/Criminal-charges-issued-medical-marijuana-raids?nclick_check=1

[trichcycler]

Some employees of the dispensaries were not charged because they were following directions of the business owners and believed they were operating within the law, Smith said.'

 

theres the ticket !! 

[t-pain]

i dont understand why the prosecutor is allowed to say they were committing crimes , these people are still innocent until proven guilty in a court of law.

 

seems strange to me.

[bobandtorey]

Some employees of the dispensaries were not charged because they were following directions of the business owners and believed they were operating within the law, Smith said.'

 

theres the ticket !! 

Only Some employees 

[bobandtorey]

i dont understand why the prosecutor is allowed to say they were committing crimes , these people are still innocent until proven guilty in a court of law. seems strange to me.

I agree the Prosecutor is out of line here

 

Let 12 people here the case first

[trichcycler]

the court is not bound to any law stating "innocent until proven guilty".

This is a made up statement drawing origins from Sir William Garrow, expressing the courts presumption of innocence in his own personal way. The cops arrested him because they state enough evidence to prove guilt, the prosecutor reviews the evidence, agrees with the arrest of the guilty, and the jury presumes he is innocent .

 

"The presumption of innocence is in fact a legal instrument created by the French cardinal and jurist Jean Lemoine to favor the accused based on the legal inference that most people are not criminals.It is literally considered favorable evidence for the accused that automatically attaches at trial. It requires that the trier of fact be it a juror or judge, begin with the presumption that the state is unable to support its assertion.To ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. The presumption means:

1. With respect to the critical facts of the case - whether the crime charged was committed and whether the defendant was the person who committed the crime - the state has the entire burden of proof.
2. With respect to the critical facts of the case, the defendant does not have any burden of proof whatsoever. The defendant does not have to testify, call witnesses or present any other evidence, and if the defendant elects not to testify or present evidence, this decision cannot be used against them.
3. The jury or judge is not to draw any negative inferences from the fact the defendant has been charged with a crime and is present in court and represented by an attorney. They must decide the case solely on evidence presented during the trial."

[bobandtorey]

  and the jury presumes he is innocent 

 

Until they get the jury instructions in witch hasn't changed in many years

[bobandtorey]

The government gave my client license to do something ? i wonder if his Lawyer also told them it was legal ?

[t-pain]

the court is not bound to any law stating "innocent until proven guilty".

the hell you say. its case law in the usa.

 

http://en.wikipedia.org/wiki/Coffin_v._United_States

[trichcycler]

Precisely !!   this is "presumption of innocence" not "innocent until proven guilty", betting they are two different legal matters, and one is not in law at all, that I know of.

can you show me where it is?  please ole bud

[TheHarvester]

This "locker" business model was discussed here at length. With this case moving to court, I have a bad feeling that many people who believed that this was going to be successfully defensible will be surprised. 

Nothing would make me happier than to see all parties exonerated and sincerely hope that's the outcome. I believe there is again a lesson to be learned here that conservative interpretations of the law and a ruthless exploration of "intent" is a far better lens to view our laws than the sometimes more loose and "theory" based ideas occasionally purposed. 

The last time I saw the "locker model" being contested, the PA dragged half the Dispensaries patient list into court to testify. I'm guessing they sent the two UC Leos in to perpetuate the investigation to avoid that route this time.

 

“We sent in two undercover officers who were assigned as patients and they never met their caregiver,” Smith said. “They didn’t know they were caregivers for those undercover police.”

 

Imagine finding out you were signed up as a CG to an undercover cop.

 

I'm curious as to the specific charges. I would think Distribution/Possession would be a given, but wonder if they also are charging for Conspiracy as I believe Mal predicted when this model was first discussed here.

[beourbud]

We tried to warn everyone the locker model was a bust ,  but greed a powerful thang

Edited March 19, 2014 by beourbud

[t-pain]

Precisely !!   this is "presumption of innocence" not "innocent until proven guilty", betting they are two different legal matters, and one is not in law at all, that I know of.

can you show me where it is?  please ole bud

 

yes the presumption of innocence is part of the constitution's due process right, which is also tied in with Prosecutorial misconduct or tainting of jury pools with misleading statements.

 

some prosecutors are disbarred for misleading statements to the media. see nifong's duke lacrosse case for more info.

 

why does the prosecutor feel the need to talk to the media at all about a case? i mean, how does talking to the media help or hurt the prosecutors case? if done incorrectly, the prosecutor can be disbarred and sued. personally, i dont want my tax dollars going to pay someone so they can spend their time talking to reporters.

 

thats not the prosecutors job. the prosecutors job is to be in court.

you dont see judges commenting on cases. because judges know better. you remember the judge in oakland? county who gave an interview about his opinion on medical marijuana? then he was reprimanded off medical marijuana cases by the court of appeals?

 

judges are supposed to be unbiased, prosecutors arent supposed to taint jury pools by talking to reporters. you dont see police giving interviews like this either.

[bobandtorey]

This "locker" business model was discussed here at length. With this case moving to court, I have a bad feeling that many people who believed that this was going to be successfully defensible will be surprised. 

Nothing would make me happier than to see all parties exonerated and sincerely hope that's the outcome. I believe there is again a lesson to be learned here that conservative interpretations of the law and a ruthless exploration of "intent" is a far better lens to view our laws than the sometimes more loose and "theory" based ideas occasionally purposed. 

The last time I saw the "locker model" being contested, the PA dragged half the Dispensaries patient list into court to testify. I'm guessing they sent the two UC Leos in to perpetuate the investigation to avoid that route this time.

 

“We sent in two undercover officers who were assigned as patients and they never met their caregiver,” Smith said. “They didn’t know they were caregivers for those undercover police.”

 

Imagine finding out you were signed up as a CG to an undercover cop.

 

I'm curious as to the specific charges. I would think Distribution/Possession would be a given, but wonder if they also are charging for Conspiracy as I believe Mal predicted when this model was first discussed here.

 

[garyfisher]

havent heard updates regarding this but here is one I just dug up.

 

 

http://arbroath.blogspot.com/2014/07/cremation-ashes-that-looked-like-dope.html

 

Cremation ashes that 'looked like dope' returned a year after drug raid

 

Cremains seized during a drug raid more than a year ago were returned on Friday, Michigan State Police said. “Correct, they are part of cremated remains,” said First Lt. Wayne Eddington, commander of the MSP Fifth District Task Force, when asked on Thursday about the ashes. “They looked like dope and no one said anything to us for a year. They were packaged like we typically see as drugs. They will be returned on Friday.” The two plastic bags were seized from a cluttered desk drawer at a home in Barry County, according to attorney Bruce Leach of Grand Blanc.

Troopers described them as plastic bags, one containing 0.9 ounces of a unknown tan-coloured powder and the second was 1.5 ounces of the same unknown powder. The seizure was part of a June 26, 2013, raid on three marijuana dispensaries, including the Karmacy. That business, owned by Kiel Howland, was accused of selling marijuana in violation of Michigan Medical Marijuana law. As part of the investigation, a search warrant was issued for the Barry County home of Howland’s parents. Leach said the cremains were of Howland’s grandparents. Leach asked about the cremains at a Calhoun County District Court hearing for Howland on June 30 and then sent a letter to Assistant Prosecutor Matt Smith on Tuesday.



“As we discussed on the record following the last hearing with Judge Franklin Line, the immediate return of the cremated remains of Mr. Kiel Howland’s grandparents is demanded,” Leach wrote to Smith. He said on Thursday they were seized at the home of Howland’s parents and marked as evidence, “desecrating the treasured family members remains.” Leach said family members told officers at the time what was in the plastic bags and Leach said he has asked for them to be returned. Eddington said he was not at the house and doesn’t know what the officers were told. He said he only learned of the request on Wednesday from Smith.

Prosecutor David Gilbert said he approved the search warrant for the house but officers decided what to seize. “They probably thought there was some evidential value,” Gilbert said. “I don’t know what is in it. If it’s remains it ought to be returned.” Charges against Howland include delivery of marijuana and possession with intent to deliver marijuana. A preliminary examination in the case was reset for Oct. 6. Police have alleged Howland violated the law by selling the drugs to customers rather than using caregivers, as prescribed by the Michigan law. But Leach has argued that the dispensary was licensed and inspected by the City of Springfield and approved to operate. “I am hoping I can end this case at the preliminary examination,” Leach said.

 

 

time to vote David Gilbert OUT!

Edited October 15, 2014 by garyfisher

[garyfisher]

yes officers from a DRUG enforcement team.  ASHES look like DOPE.  I'm really concerned when we see these article describing instances where people are arrested or raided because police easily confuse substances that are clearly not dope.  You think if your job was to identify dope, you would know dope when you see it. 

[trichcycler]

i dont understand why the prosecutor is allowed to say they were committing crimes , these people are still innocent until proven guilty in a court of law. seems strange to me.

what gives you the conception of "innocent until proven guilty ? A nice notion, but not a real one in law, obviously. why would innocent people be made to sit in jail for a year before court for instance?

[t-pain]

you know what gave me that impression?

i finally remembered.

 

 

its the tv show COPS. the narrator/intro guy says it at the start of every episode.

 

 

https://www.youtube.com/watch?v=FLvH-2d6ruY

 

"cops is filmed on location with the men and women of law enforcement, all suspects are innocent until proven guilty in a court of law."

Edited October 15, 2014 by t-pain

[bobandtorey]

It was like that back in the day but not true today 

[trichcycler]

Bad Boys Bad Boys...whatcha gonna do when they come for you

[phaquetoo]

The bag of creamation kinda looks like some old mexican swag!  but they have ways to test it on site, so realy there is no excuse, I hope this bites leo in the butt!

 

Peace

Edited October 16, 2014 by phaquetoo