Brothers Plead Guilty In Connection With Running Medical Marijuana Dispensary, Get Probation

[MiMedical]

BAY CITY, MI — Two brothers who illegally operated a medical marijuana dispensary in Bay City have accepted plea offers, though they’ll likely avoid jail time.

Corey R. Randall, 32, and Johnnie V. Randall, 34, on Wednesday, March 19, appeared before Bay County Circuit Judge Joseph K. Sheeran and both pleaded guilty to attempted possession of marijuana with intent to deliver. Corey Randall pleaded guilty to three counts, and Johnnie Randall to two counts. The charge is a high-court misdemeanor punishable by up to two years of incarceration.

Johnnie V. Randall

In exchange for their pleas, the prosecution agreed to dismiss six counts of delivery or manufacture of marijuana and two counts of maintaining a drug house against each man.

Both men waived their right to have a presentence report and Sheeran proceeded to sentence both men to six months of probation. No restitution was sought or ordered. As part of their probation, the brothers are not to possess or consume alcohol or other drugs, though they may use medical marijuana, according to court records.

Corey R. Randall

 

 

The brothers previously owned the Beacon of Light Compassion Center located at 100 N. Catherine St. on Bay City’s West Side. The Bay Area Narcotics Enforcement Team, or BAYANET, raided the center in August and September 2011.

Tonya Laubscher, a Midland police officer working with BAYANET, previously testified she posed as a medical marijuana patient with an alias driver's license and fake doctor's certification when she entered Beacon of Light on Sept. 26, 2011, and purchased a gram of marijuana for less than $20. The Randalls’ employee, Joshua P. Perry, handed Laubscher the substance, she said.

BAYANET raided the shop about a month before Laubscher’s undercover purchase and again the day after she reportedly obtained the marijuana.

Their raids came on the heels of a state Court of Appeals ruling that deemed “patient-to-patient sales” of medical marijuana is prohibited.

However, licensed growers remain able to cultivate up to 12 plants for their own use, and up to 60 plants for five registered patients. The law does not prevent patients from compensating caregivers for time and resources spent cultivating their crop. It does not define the amount of compensation.

The Michigan Supreme Court in early 2013 upheld the appellate court’s ruling.

In light of this, Sheeran previously ruled the Randalls’ operation was illegal and not protected by the Michigan Medical Marihuana Act. The Randalls appealed the ruling to the state Court of Appeals, which opted not to hear their motions.

Perry is charged with two counts of delivery or manufacture of marijuana. His case has been remanded to Bay County District Court for further proceedings.

http://www.mlive.com/news/bay-city/index.ssf/2014/03/brothers_plead_guilty_to_charg.html

 

 

 

 

I thought this was already ruled to be entrapment in Oakland county?

"Tonya Laubscher, a Midland police officer working with BAYANET, previously testified she posed as a medical marijuana patient with an alias driver's license and fake doctor's certification when she entered Beacon of Light on Sept. 26, 2011, and purchased a gram of marijuana for less than $20"

[I wood]

Those cops should be prosecuted for fraudulent doctors certificates and alias drivers licenses.

Everyone should have to play by the same rules, basic kindergarten stuff.

[Dr. Bob]

It should be noted they used a real doctor's name and address on the 'fake certification'.  They simply changed the middle initial.

[MiMedical]

That's rediculos, I'm curious to who represented them. I swear this got deemed illegal in Oakland, also if its that easy, when and if hb4871 an hb5104 goes through, this will continue to occur.

[Highlander]

Entrapment:    A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit.

 

However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

 

Entrapment has nothing to do with this case.  The defendant(s) willingly sold MMJ to a person who wasn't his registered patient.  That in and of itself is a crime.

 

 Fake paperwork means nothing towards an entrapment argument.  If the LEOs had valid cards, they still would have been able to buy from the dispensary, and the defendant(s) would have been operating  outside of the protections of the MMMA.   Fake card or real card....the law doesn't allow for sales outside CG-five patients.  Any sale outside of that relationship voids MMMA protection, and the same criminal charges apply - fake or real card.

 

You might/probably could successfully argue entrapment if the LEO had a fake card and approached the defendant and signed him up as a caregiver and then busted him for selling to a non/invalid cardholder

Edited March 25, 2014 by Highlander

[pic book]

if these guys get probation watch disps mushroom to 1300 in detroit

[MiMedical]

if these guys get probation watch disps mushroom to 1300 in detroit

Lol, only those brave greedy souls with no priors will continue