Michigan's Medical Marijuana Law No Defense In Multi-County Marijuana Case, Attorney Says

[MiMedical]

GRAND RAPIDS, MI – An attorney who specializes in marijuana cases said that charges against 37 West Michigan residents should have been filed in state court to determine if they violated the state's medical marijuana law.

 

Instead, they’re charged in federal court where the medical marijuana law cannot be used as a defense.

 

“It was not the intent of the voters that citizens who have lived their entire lives without any contact with the criminal justice system would find themselves in a federal courtroom, deprived of the protections of Michigan’s Act,” Kalamazoo attorney Daniel Grow said Thursday, April 17.

 

He represents one of the defendants.

 

He said such arrests have had a chilling effect on those who want to legally take part in medical marijuana use or growing. Otherwise law-abiding people have been hit with felonies for unwittingly violating the law.

 

“I can’t speak to the allegations involving all of the defendants, but it will be shown that some of the defendants were only remotely involved with the core allegations,” Grow said.

 

Federal prosecutors routinely file motions "in limine" to prevent defendants from using the state medical marijuana law as a defense in federal court. The motions are granted by federal judges. Because the medical marijuana law provides no defense, defendants often have few options other than take a plea deal.

 

“While I think the judge, at sentencing, will take all of the relevant factors into consideration, it is unfortunate that in this situation a good sentencing argument is really all that’s left,” Grow said.

 

“And again, I can’t speak to the allegations as to all of the defendants, but I am concerned that federal resources are being used where it looks like something that should be addressed in the state courts under state law."

 

The government said the 37 defendants took part in a multi-county grow operation that used the state’s medical marijuana law as cover. More than 160 police officers, from Kent, Ottawa, Muskegon, Kalamazoo, Grand Traverse and Oceana counties, were involved in the investigation.

 

Police in October arrested 27 on federal charges but prosecutors soon dropped charges to continue with the investigation. Another 10 defendants were added this week.

 

“As to the how they filed it and then dismissed it, I am a little disappointed that the defendants that were not obviously involved with the alleged conspiracy were not left out of the new prosecution. Instead, they added more defendants,” Grow said.

 

Court documents said Shawn Taylor led the “Medical Marijuana Team,” or MMT, with a goal of harvesting $3 million in marijuana. He and his wife, Molly, operated In Do Grow, a store in Muskegon that sold indoor hydroponic growing and other supplies to grow marijuana, police said in court records.

 

“The conspirators were not attempting to alleviate the suffering of ‘patients’ assigned to them; rather, they were attempting to profit from the sale of the marijuana they produced,” Assistant U.S. Attorney Mark Courtade wrote in a 44-page indictment unsealed on Wednesday, April 16.

 

He said MMT members told to social users and recruited people to become “patients,” and name the MMT member as caregiver. MMT also worked with certain doctors who would certify patients with “often bogus medical need without physical examination … .”

 

The government said it identified 22 grow operations in cities including Grand Rapids, Muskegon, Kalamazoo, Norton Shores, Grand Haven, Spring Lake and Wyoming. Authorities have filed papers to have the properties forfeited.

 

The government is seeking forfeiture of Taylor’s former residence and commercial property.

 

The government is also seeking a $1 million judgment representing proceeds of drug sales. Police seized $78,000 during October raids.

 

Medical-marijuana users and growers have long taken notice of such cases.

 

“People have been scared about what happens to patients and caregivers in court for a long time,” Grow said. “And as to state law, they know that the appellate courts can come along and change everything they thought was the law with a single opinion, and that they might not even hear about the change in the law until it is too late. So yeah, folks are scared. And I think that is wrong.”

 

http://www.mlive.com/news/grand-rapids/index.ssf/2014/04/michigans_medical_marijuana_la_2.html

Edited April 17, 2014 by MiMedical

[mibrains]

ouch.. took them federal..

 

well the good news is that's because it is the ONLY AVENUE to persecute cannabis victims left... but soon we shall close that loop also and protect Americans RIGHT to enjoy cannabis responsibly.

Edited April 17, 2014 by mibrains

[bobandtorey]

GRAND RAPIDS, MI – An attorney who specializes in marijuana cases said that charges against 37 West Michigan residents should have been filed in state court to determine if they violated the state's medical marijuana law.

 

Instead, they’re charged in federal court where the medical marijuana law cannot be used as a defense.

 

“It was not the intent of the voters that citizens who have lived their entire lives without any contact with the criminal justice system would find themselves in a federal courtroom, deprived of the protections of Michigan’s Act,” Kalamazoo attorney Daniel Grow said Thursday, April 17.

 

He represents one of the defendants.

 

He said such arrests have had a chilling effect on those who want to legally take part in medical marijuana use or growing. Otherwise law-abiding people have been hit with felonies for unwittingly violating the law.

 

“I can’t speak to the allegations involving all of the defendants, but it will be shown that some of the defendants were only remotely involved with the core allegations,” Grow said.

 

Federal prosecutors routinely file motions "in limine" to prevent defendants from using the state medical marijuana law as a defense in federal court. The motions are granted by federal judges. Because the medical marijuana law provides no defense, defendants often have few options other than take a plea deal.

 

“While I think the judge, at sentencing, will take all of the relevant factors into consideration, it is unfortunate that in this situation a good sentencing argument is really all that’s left,” Grow said.

 

“And again, I can’t speak to the allegations as to all of the defendants, but I am concerned that federal resources are being used where it looks like something that should be addressed in the state courts under state law."

 

The government said the 37 defendants took part in a multi-county grow operation that used the state’s medical marijuana law as cover. More than 160 police officers, from Kent, Ottawa, Muskegon, Kalamazoo, Grand Traverse and Oceana counties, were involved in the investigation.

 

Police in October arrested 27 on federal charges but prosecutors soon dropped charges to continue with the investigation. Another 10 defendants were added this week.

 

“As to the how they filed it and then dismissed it, I am a little disappointed that the defendants that were not obviously involved with the alleged conspiracy were not left out of the new prosecution. Instead, they added more defendants,” Grow said.

 

Court documents said Shawn Taylor led the “Medical Marijuana Team,” or MMT, with a goal of harvesting $3 million in marijuana. He and his wife, Molly, operated In Do Grow, a store in Muskegon that sold indoor hydroponic growing and other supplies to grow marijuana, police said in court records.

 

“The conspirators were not attempting to alleviate the suffering of ‘patients’ assigned to them; rather, they were attempting to profit from the sale of the marijuana they produced,” Assistant U.S. Attorney Mark Courtade wrote in a 44-page indictment unsealed on Wednesday, April 16.

 

He said MMT members told to social users and recruited people to become “patients,” and name the MMT member as caregiver. MMT also worked with certain doctors who would certify patients with “often bogus medical need without physical examination … .”

 

The government said it identified 22 grow operations in cities including Grand Rapids, Muskegon, Kalamazoo, Norton Shores, Grand Haven, Spring Lake and Wyoming. Authorities have filed papers to have the properties forfeited.

 

The government is seeking forfeiture of Taylor’s former residence and commercial property.

 

The government is also seeking a $1 million judgment representing proceeds of drug sales. Police seized $78,000 during October raids.

 

Medical-marijuana users and growers have long taken notice of such cases.

 

“People have been scared about what happens to patients and caregivers in court for a long time,” Grow said. “And as to state law, they know that the appellate courts can come along and change everything they thought was the law with a single opinion, and that they might not even hear about the change in the law until it is too late. So yeah, folks are scared. And I think that is wrong.”

 

http://www.mlive.com/news/grand-rapids/index.ssf/2014/04/michigans_medical_marijuana_la_2.html

WOW! bad news for sure 

 

I hope the Weed will be FREE soon

[ilynnboy]

Me too Bob.

Haven't pot smokers gone through enough for a plant that left unadulterated has no lethal properties?

The last 80 years have been a travesty of justice!

[MiMedical]

I spoke with a few people regarding the "MMT", just in passing conversation they had brought them up, they wanted to know why they are in trouble if we have MMJ in Michigan, I just told them the DEA is mad because the MMT were talking a lot of $$$$ and the Fed's were not going to get any part of the profits, since no one person has been hurt for the, what, almost full year the feds were watching them? it's all about the $$$$$$$$$$$$$.

 

I have also met a few folks in the last few months that knew a guy in this, I asked him who his Dr was and what ailments he had, needless to say there was no medical condition and the "patient" never even seen the Dr......

I suggested he cut his card in half and throw it as far as he can.. he agreed.

 

The other guy I had met, one that is on the list, is a really good guy (like most of them if not all) but he works 50+ hours a week and makes well over $30.00hr, He didn't even use cannabis, he was talked into it because "someone knew the laws" and he just agreed... he has no criminal record what so ever.. This is sad for all involved, except a few that wanted to create a underground mob..

 

anyhow.....

[bobandtorey]

Thanks for the post Mimedical its hard for anyone to feel sorry for the ones that are in it for the $$$$ but the others that got talked into it its sad because they could in up in Jail

 

It happens more then we know about i have been to some of the Fed Court dates for others and it doesn't turn out too good when Government takes their Homes , Farms, Land.

 

and their Freedom 

 

Peace from the front

[MiMedical]

Yes Bob, and they are infact in the process of taking their property's, its sad to see the ones that are being charged, and then you see the home/land owners that had nothing to do with it having their properties seized... it's a lot of people that are losing on this whole mess..

[pic book]

being involved in marijauana anywhere other than colo puts one at risk of seizure and 5 years penned. 1 of every 37,000 participants in 420 gets federally torqued and sprained----regardless of being state-compliant.  To the feds, traffickingis what EVERYONE does.

[pic book]

to the feds, everyone's a trafficker.  the odds of any one individual being federally torqued and sprained is 1 in 37.176 (a number pulled right out of the winds)... much 'better' odds than any other lottery.

[trichcycler]

I bet if we'd just stuck to using medical marijuana, and growing for five others who also use it, to offset the costs, the feds wouldn't care. Matter of fact, I bet nobody would care. 

[bobandtorey]

I am not sure if i can agree because who's fount is it when someone doesn't know the Law as good as some others do i have been to a lot of court rooms  and i would walk the hallways

 

reading the case's on the wall just to find out who was up that day and i would talk to them and they would tell me that they are their to plea because they had too many plants after the 

 

prosecutor told them they could only have 5 plants not 12 because the Law had changed when they where not looking 

[trichcycler]

stupid internet

[Willy]

because they had too many plants after the  prosecutor told them they could only have 5 plants not 12 because the Law had changed when they where not looking 

What, I haven't heard that ever, did i miss something///????

[grateful411]

Please some one answer this^^^^^ my heart just dropped.

[bobandtorey]

Yes thanks Zap as we can see it only takes a mistake like that to change how the people that read it siting on a jury 

[grateful411]

Thanks zap for clearing that up.

[phaquetoo]

I am not sure if i can agree because who's fount is it when someone doesn't know the Law as good as some others do i have been to a lot of court rooms  and i would walk the hallways

 

reading the case's on the wall just to find out who was up that day and i would talk to them and they would tell me that they are their to plea because they had too many plants after the 

 

prosecutor told them they could only have 5 plants not 12 because the Law had changed when they where not looking 

Ignorance of the law is no excuse for pt's, c.g's or leo!  you dont get off of speeding tickets by telling a judge I didnt see a speed limit sign, if you are in the program and dont know the law, I suggest you learn it quick, and I also suggest you act like there is no law and dont tell any one your biz!

 

Um sorry judge I thought I could drink beer and drive, I thought alcohol was just liquir not beer or wine, and I didnt mean to run into that pedestrian I couldnt see them I only had a few beers, It dont work for any one in any law and it wont work on the mm law, if your gonna be a part of it, You must know the law, you must keep your grow in an enclosed locked room, I dont read that to say basement with a locked door, ( most people with basements have washers and dryers, furnaces, hot water heaters, water purifiers, and none of the maintenance people can go in that base ment if you only have a locked door at the top of the stairs, you need to build a room, you dont need to spend a fortune, you can have 24 center 2 x 4's insulation sheets and white plastic inside, and of course a door to enter it and your golden  unless you are over you plant count, plants are cuttings in cubes or dirt, seeds with roots and plants, no more than 12 at one time, also your hanging drying plants are also plants untill they are off the plant and usable, I dont find that hard to follow or understand, if any one does that has read the law and asked questions from people who now how to follow the law and not go around it all will be good!

 

ignorance of the law will put you in jail like any one else who breaks the law!

 

Peace

[bobandtorey]

I agree Jim

 

Judge i didn't put salt in anyones batterie 

[trichcycler]

Phaqu,

 

have you noticed many registrants accepting advice online concerning what they can get away with  from others who have been in trouble?

It seems the  same as divorcing couples asking advice from other divorcing/ divorcees, instead asking  of people that are managing successful marriages.

[phaquetoo]

No I see alot of people getting in the program who dont have a clue what they are allowed to do or how much money can they make being c.g's, I think that in itself is enough,  but If you need to get divorced I can do it for you, I had an attny on my 1st one and I did my 2nd and 3rd lol, my 2nd one cost me 125 bucks and my 3rd cost under a 100 bucks, and I have the paper work in case my dumb donkey ever gets married again,,,,,,I think I will stay in the relation ship im in, we dont need a peice of paper to say we are a couple,  and I have seen alot of couples married for over 50 yrs my parents being one of them,,,,,,,no thanks my mom is my dads slave they are not partners what he says goes, I like to have sex so I dont mind listening to my lady, in fact that is one of the things I learned while being married dont follow the people I know who have been married for ever, it dont work like that now a days, Im not a male shovianist pig and consider us equal, it realy is to bad thought that my lady has to work long hrs just to make what ssdi pays me!

 

 

 

wow did that make sense?  bawahahahahahahahahaha,  all I know is im happy and debt free, if anything was to happen to this relationship she is the one in debt and im paying her bills, if it falls apart I just have to leave with what i came with and im debt free ye haw!  I always said I wanted her to be better off than when I found her, but if she cant maintain her bills w/o me that is on her not me, I didnt go in debt,,,been there done that, I dont mind using my whole check to live here, but I wouldnt mind having a care free life again either, we only have one more kid at home and with the record of her and her kids the last one will prob leave as soon as he graduates like the rest of them, 1 out of 5 left, the last 2 I would love to have for ever, the first 3 out of sight out of mind for me, my step daughter was in california with her scum bag boy friend 5 days after gradutating working at a carnival, Im so proud,,,,,,NOT, she was such a good girl, first butt head she meats and she is gone! neither have a liscense to drive and she dont even have I.d,,,,,im sure a bunch of mexicans could do the job she is doing, "get your darts here"  Im such a proud step dad,,,,,but im way prouder of my son a sgt in the marines, a good son married with 2 children and a bank acct, that is how I raise kids, I dont raise carny bumms!

 

Peace and I hope we dont get a call from a cali jail one day, nothing we can do about it!

Edited June 30, 2014 by phaquetoo

[Willy]

lol nice phaq....