Raids Aren't Stopping New Marijuana Dispensaries From Opening

[bobandtorey]

Medical marijuana dispensaries in northern Michigan are no strangers to law enforcement raids. But despite the raids, dispensaries keep opening up. And law enforcement ends up spending time and resources that don’t seem to achieve the intended result.

 

Al Witt worked at Gaylord Provisions in Gaylord until last May. Then the medical marijuana dispensary was raided.

"Those officers all came into the store in tactical gear, jackets, camo pants, guns, knives," Witt says. "Way more excessive for a friendly environment that they’re going into. They took all my stuff, took my money, took my phone, and then just started interrogating me, and making us try to feel like we’re cartel members when that’s not even close to what’s happening here. It was very terrifying."

After the raid, Gaylord Provisions shut down and Witt was hit with multiple drug charges. He pled not guilty. He’ll face a jury trial in January.

 

Now, just half a year after the raid he called traumatic, Witt is standing in his new medical marijuana dispensary on Otsego Avenue in Gaylord.

The dispensary is called Cloud 45, and they sell high-grade medical marijuana.

Witt and his co-owner, Chad Morrow, are fully aware that it might only be a matter of time before this shop is also raided.

"Honestly, I kind of expect it," Morrow says. "I’m prepared for it. And if it happens, it’ll happen. It’ll be on the news and you can come here tomorrow and interview at the same spot because I’ll be open the next day." 

 

Witt and Morrow think they’re operating legally. Law enforcement disagrees. Either way, the owners of Cloud 45 are willing to risk raids for their cause, which they say is helping people get the medicine they need.

After the raids in May, Witt and Morrow asked the City of Gaylord to consider a zoning ordinance. They think it will help protect marijuana dispensaries from future raids.

"Well, we enforce violations of the law, and that's what we do. If people are going to break the law we're going to enforce those laws." - Detective Lieutenant Ken Mills 

But Jesse Williams, a defense attorney for medical marijuana clients in northern Michigan says,  "Not in Gaylord. I think those people have false hopes." 

Williams says it’s the county prosecutor who signs off on the raids. And he feels confident that Otsego County’s prosecuting attorney will keep authorizing raids and prosecuting dispensary owners and employees regardless of a zoning ordinance.

"There is zero protection for those folks," says Williams. "The state can and will prosecute them, and I would encourage them to stop doing that because they are living in a hostile zone in that regard."

The prosecuting attorney did not want to comment for this story.

Even though Williams recommends that dispensaries stay closed, he’s also adamant that the raids are just over the top.

"Law enforcement needs to stop wasting our tax dollars and resources on dispensaries," he says. "There are serious issues and serious problems going on, particularly with opiate overdoses, heroin overdose and other things.”

Williams says he defended a medical marijuana dispensary owner who sold 23 grams and a lollipop with possible traces of THC, and the case took years to conclude. 

"About 29 months of resources were wasted to prosecute a case that ultimately resulted in the Attorney General’s Office making a recommendation that jail ... was not necessary," Williams says. "So, what are we doing? What are we accomplishing?"

 

Detective Lieutenant Ken Mills, unit commander of Straits Area Narcotics Enforcement (SANE) team says it's simple. 

"Well we enforce violations of the law, and that’s what we do," says Mills. "If people are going to break the law we’re going to enforce those laws."  

SANE carried out the raids in Gaylord, and Mills says the raids happened in one day, and didn’t take much investigation.

Mills perception of the raids is different than medical marijuana providers like Witt who say they were traumatized.

"Nobody’s really happy to see the police in most cases," Mills says. "And I guess I felt the ones that I was on - and I was on a few of those that we did that day - and all of them were done pretty low key, pretty quietly and peacefully." 

 

Al Witt at Cloud 45 says police raids and possible felony charges won’t deter him, "Because it’s all beatable in court. And we’re curing people and helping people not killing people. You can’t stop that. It’s the right thing to do."

Attorney Jesse Williams says he hopes Witt is right for his own sake, but he’s not optimistic. He says it’s become increasingly difficult to beat these cases in court.

 

http://interlochenpublicradio.org/post/raids-arent-stopping-new-marijuana-dispensaries-opening

 

 

[t-pain]

dispensaries are doing their best civil disobedience we've ever seen in a long long time.

[Restorium2]

We knew they would open and get shut down. Over and over again. There's no heroes or winners. Just a viscous cycle of victims and wasted law enforcement time and money. It's a lose lose situation.

[bobandtorey]

OK then am going to have a Grand opening soon

[bobandtorey]

GAYLORD — There was a time in Gaylord not long ago when drivers couldn't come through without seeing a large, green cross on display every few blocks through the downtown area.

Sightings of those crosses, used to mark the locations of medical marijuana dispensaries, are now more infrequent as it appears most of the 10 dispensaries that once called Otsego County home, including nine in Gaylord, have removed the signs and closed up shop following a number of law enforcement raids over the past year.

“I'm totally concerned they will come back,” said Jolene Fowler, owner of Otsego County Patient Resource Center, one of what appears to be two of Otsego County's remaining marijuana dispensaries. “I think patients need medicine and I'm just trying to take the least amount of risk as possible. I'm a single mom with three kids. I'm not looking to jeopardize that.”

Fowler's business, formerly known as Cloud 45, is located at 2631 S. Otsego Ave.

Fowler took ownership of the dispensary after one of Cloud 45's former owners, Chad Morrow, was recently charged a few months after the other former owner, Alan Witt, was also charged.

Morrow entered a not guilty plea to charges of delivery or manufacturing of marijuana, delivery of a controlled substance and operating and maintaining a drug house during a hearing April 20, as a result of an April 19 raid of Cloud 45 by police officials, including those from Straits Area Narcotics Enforcement. Cloud 45 was also raided March 10. According to the Otsego County courts website, Morrow faces a probable cause hearing Thursday, May 12.

Witt was found guilty on one count of delivery of marijuana, not guilty of maintaining or keeping a drug house, and the jury was hung on a count of possession of marijuana with intent to deliver. He was sentenced to 180 days in jail and 18 months probation, among other stipulations. This resulted from a May 27, 2015, raid of the dispensary he and Morrow were working for at the time, Gaylord Provisions. After being charged, Witt said he terminated his ownership of Cloud 45.

Fowler said she plans to do everything she can to adhere to the interpretation of the Michigan Medical Marihuana Act as enforced by police officials and Michael Rola, Otsego County prosecutor, though she does not agree. This includes having the dispensary treat only those patients who are connected to her through the Michigan Medical Marihuana Act or who are connected through the act to one of the caregivers employed at the dispensary. According to the act, a registered caregiver may have only five registered patients.

If Fowler follows through, Rola said there should be no issues.

“If they follow the law, they are not bothered. It's that simple,” he said. “Contrary to what some people have claimed, the only people who have been charged are people who have committed crimes.”

A list of the 10 operating dispensaries prior to the March 10 raids was provided by the city, with contact information for each dispensary. After calling each of the numbers listed and visiting the locations, it appears the Otsego County Patient Resource Center and D & L's Medicinal Exchange, 1523 S. Otsego Ave., are the only dispensaries continuing to provide marijuana to registered patients.

An employee at Tincture Town, 522 West Main St., said the business remains open though it no longer dispenses marijuana. The employee said Tincture Town does offer patients assistance in finding medical marijuana at other dispensaries after filling out a deposition.

A sign seen May 3 in the front window of Nature's Remedy, 1349 S. Otsego Ave., said it no longer dispenses marijuana, though the building will remain open as an “event space, community resource, educational hub, artist's collective and pipe store.”

While others have chosen to close, Fowler said she continues to be a part of what she considers a fight to allow safe access to medical marijuana for patients.

“I have to try to do what Mike Rola asks, and outside of that we will have to put together a network,” she said. “I spoke with people around the state about different business models. We have lots of resources in California and Colorado who want to see Michigan be successful. This is a statewide battle.”

Some have suggested these raids were the result of a lack of education on what is and what is not permitted under the law. Rola didn't rule out more of those types of resources as a solution to the problem.

“More education would help, if they are willing to listen,” he said. “The problem is they like to think the law is what they think it should be, or what they want it to be, or what it could be.”

Fowler said she will continue to help her patients who rely on the marijuana to help with various health conditions within the confines of the law.

“It's very rewarding,” she said. “Until you've lived in chronic pain, and it wasn't until recently I was in chronic pain every day, I don't think people understand. Until you experience that, I don't think you have a right to dictate how these people deal with it.”

 

http://www.petoskeynews.com/gaylord/few-medical-marijuana-dispensaries-continue-operations-following-raids/article_3e00869a-1607-11e6-bc02-df34627d912f.html

[trichcycler]

“I'm totally concerned they will come back,” said Jolene Fowler, owner of Otsego County Patient Resource Center, one of what appears to be two of Otsego County's remaining marijuana dispensaries. “I think patients need medicine and I'm just trying to take the least amount of risk as possible. I'm a single mom with three kids. I'm not looking to jeopardize that.”

[Willy]

 We have lots of resources in California and Colorado who want to see Michigan be successful. This is a statewide battle.”

Some have suggested these raids were the result of a lack of education on what is and what is not permitted under the law. 

 

http://www.petoskeynews.com/gaylord/few-medical-marijuana-dispensaries-continue-operations-following-raids/article_3e00869a-1607-11e6-bc02-df34627d912f.html

[Wild Bill]

Resources in California and Colorado? There are those here who believe all the product in Michigan dispensaries comes from caregivers "overages".

Could they be mistaken?