Business Owner Arrested For Delivery Of Marijuana

[bobandtorey]

MARQUETTE, MI

 

Monday, detectives from the Upper Peninsula Substance Enforcement Team (UPSET) executed a search warrant at the Superior Relief Provision Center located on US-41 in L’Anse. Detectives from UPSET arrested the owner of the business on three counts for delivery of marijuana.

The suspect was lodged at the Baraga County Jail. The suspect’s name is being withheld pending arraignment.

A second person was also arrested on an unrelated charge.    

UPSET detectives were assisted by Trooper’s from the Michigan State Police Calumet Post and Hometown Security Team.

 

http://www.upmatters.com/news-upmatters/business-owner-arrested-for-delivery-of-marijuana

[Willy]

More selective enforcement!!!  And now its another location in Michigan, seems the area's keep moving around for the harassment..  

[bobandtorey]

I guess it works out for Leo that way keeps people guessing as to when a where a raid may  take place keeps people on their toes and Lawyer  and Courts happy

[outsideinthecold]

Two weeks ago I was sitting on a park bench in Camas, WA on a nice afternoon letting my lunch settle when a nice young man I'd talked a bit earlier drove up and gave me $8/grams of 'Green Crack' for my 'donation'.

 

The world didn't end.

 

These cutesy police teams and the world that spawned them are sad beyond measure.

Edited September 17, 2015 by outsideinthecold

[SimplyLost8]

Owner was arraigned in97th district court September 17th he faces three felony counts of Controlled Substance-Delivery/Manufacture Marijuana each four year felonies fines up to $20,000 and a high court misdemeanor Controlled Substance-Maintaining A Drug House, a two year misdemeanor with a fine up to $25,000.

The complaint filed with the court indicates two of the incidents took place on August 31st and one on September 14th where the owner sold marijuana to undercover officers. A preliminary examination will be conducted in the 97th District Court on Tuesday October 13th at 10 am

[trichcycler]

I'm just so happy LARA makes sure my patients are valid medical marijuana patients before I supply them. what a swell service they provide to keep this from happening to us. I wonder why everyone wouldn't be using it?

 

 

 

https://youtu   .   be/33oC_nQ-CrY

 

https://www.youtube.com/watch?v=5HNWhVXcjV8

Edited October 6, 2015 by grassmatch

[garyfisher]

whats with the unneeded spam, GM?

[trichcycler]

I know right?  I didn't post that spam, but rather youtube redirected my posting of https://www.youtube. com/watch?v=5HNWhVXcjV8

a Sammy Davis Song. I'll edit it at once though, thanks for the heads up

[Wild Bill]

They wouldn't get away with that if Sinatra was still around.

[GregS]

Ya know, it would be much harder for police to entrap anyone who sells them cannabis by first having them sign a document attesting to being a qualifying patient, with or without state registration. No signature? No dope. Real simple.

 

http://michiganmedicalmarijuana.org/blog/584/entry-1163-added-evidentiary-protection-with-or-without-registration/

Edited November 7, 2015 by GregS

[bobandtorey]

Ya know, it would be much harder for police to entrap anyone who sells them cannabis by first having them sign a document attesting to being a qualifying patient, with or without state registration. No signature, no dope. Real simple.

 

http://michiganmedicalmarijuana.org/blog/584/entry-1163-added-evidentiary-protection-with-or-without-registration/

 

 

Sounds OK to me but can it be used in a Court room ?

[Restorium2]

They would just tear up the paper they signed after you were in handcuffs. Don't assume they play fair when it's just your word against theirs. You would have to have them sign an electronic form on a laptop with remote recording ability. Or wait to give them any marijuana until the document was in your attorney's hands. 

[t-pain]

i think what resto is saying is , think if a police officer signed the paper. would it be entrapment if he signed a paper then you sold him weed?

[Restorium2]

What I'm saying is they would just tear up the evidence when they first get the chance .... Erase videos too. Everything that's not seen and recorded by a third party is useless. 

[Restorium2]

i think what resto is saying is , think if a police officer signed the paper. would it be entrapment if he signed a paper then you sold him weed?

It wouldn't be entrapment but it arguably would be a legit sale per the Act, (if the paperwork survived the raid). 

[bobandtorey]

I'll  let everyone know how it goes because i will be at court this week when someone has done it 

[GregS]

Sounds OK to me but can it be used in a Court room ?

Read footnotes 77 and 78 in Tut/Wick. The Court made the case that they can be allowed, but remember that prosecutors will try to keep them from being admitted, and sometimes bone headed judges arbitrarily disallow evidence, in which case an appeal may become necessary. I've already said that the ruling speaks to the issue. Just read it Bob. I don't know that I can make it more clear. There are people with limits to understanding.

Edited November 3, 2015 by GregS

[GregS]

They would just tear up the paper they signed after you were in handcuffs. Don't assume they play fair when it's just your word against theirs. You would have to have them sign an electronic form on a laptop with remote recording ability. Or wait to give them any marijuana until the document was in your attorney's hands. 

When using hard copy, you would keep the original and give them a copy. The notary would be able to testify that the undercover officer has signed the agreement. You might even have the prospective buyer make a video statement using your phone, and even record the notary signature. First things first. Get the signature, keep the original in your files, give the buyer a copy, and make no sale until those documents are secure. If you're going to notarize them at a bank, you can store them in a safety deposit box before you leave the building.

[GregS]

i think what resto is saying is , think if a police officer signed the paper. would it be entrapment if he signed a paper then you sold him weed?

Yes. Said officer is required to swear and affirm that he/she is a qualifying patient, and produce additional documentation of the bona fide exam and physician's statement. Fraud would be committed if they misrepresent themselves in that regard. A caregiver who remains compliant with the law cannot be held responsible for illegal acts of a patient, or in this matter police officer. That too was ruled on.

Edited November 7, 2015 by GregS

[bobandtorey]

Read footnotes 77 and 78 in Tut/Wick. The Court made the case that they can be allowed, but remember that prosecutors will try to keep them from being admitted, and sometimes bone headed judges arbitrarily disallow evidence, in which case an appeal may become necessary. I've already said that the ruling speaks to the issue. Just read it Bob. I don't know that I can make it more clear. There are people with limits to understanding.

 

 

There are people with limits to understanding? You mean the Judges or the prosecutors or both ?

[t-pain]

Said officer is required to swear and affirm that he/she is a qualifying patient, and produce additional documentation of the bona fide exam and physician's statement. Fraud would be committed if they misrepresent themselves in that regard. A caregiver who remains compliant with the law cannot be held responsible for illegal acts of a patient, or in this matter police officer. That too was ruled on.

but thats what i'm trying to say, officers are allowed to lie to get criminals.

 

"why yes, i am not a police officer, please sell me weed".

[Restorium2]

but thats what i'm trying to say, officers are allowed to lie to get criminals.

 

"why yes, i am not a police officer, please sell me weed".

Intent. It's all in the 'intent'. There was no criminal intent and the caregiver did his due diligence to weed out someone who wasn't medically qualified to buy it. 

[GregS]

but thats what i'm trying to say, officers are allowed to lie to get criminals.

 

"why yes, i am not a police officer, please sell me weed".

The short answer is that a charge of entrapment would likely stand and the charges would be dismissed. If and when a police officer entices a citizen to break a law they otherwise would not have, that is the definition of entrapment. What those forms deliver is evidentiary assurance on your part that you intend to conform to the law. Unknowlingly selling to a police officer after their having fraudulently asserted that they are a qualifying patient with bogus bona fides would mean that you have broken what law?

Edited November 8, 2015 by GregS

[GregS]

i think what resto is saying is , think if a police officer signed the paper. would it be entrapment if he signed a paper then you sold him weed?

If you can't understand, then just don't use them and don't sell to anyone you are not connected with through the registry. That, however, is no assurance that you will not be arrested and have to deal with the courts.

Edited November 7, 2015 by GregS

[SimplyLost8]

Owner of the business agreed to close up shop take down the sign and gets off with not even a fine, shouldn't of been a greedy business owner to begin with, I think he thought there was a loop hole when he was just plain old operating illegally and on top of it sold to undercover police...wonder if they had invalid card or no card at all...I will never know and I'm ok with that