Judge Denies Medical Marijuana Defense Motion, Sends Witt Case To Trial

[imiubu]

I know you don't need defending mibrains but I felt the desire  

 

After a small bit of research into the meaning of the word "militia", I found that

Congress has changed the definition many times since the 2nd. Amendment was written.

So, the word means something different now than it did then, go figure.

 

I believe that in our time, when the word "militia" is heard the general population gets

visions of radical gun toting 'crazies'.  Maybe those militias get all the media coverage

so those are the militias that people are more familiar with? 

 

It is my understanding that militias are formed locally for the purpose of fighting against

governmental tyranny.

If cannabis users have not been tyrannized... well... anyway... rise up folks.

 

I also believe that mibrains intention and use of the word in this instance is proper.

[beourbud]

Mibrains

 

I met you at the gathering.

 

I question injecting guns/2nd amendment into the politics of recreational or MMJ .

 

What good does it do?

 

Guns are not the solution here and more guns would be a problem.

Edited February 2, 2016 by beourbud

[mibrains]

Mibrains

 

I met you at the gathering.

 

I question injecting guns/2nd amendment into the politics of recreational or MMJ .

 

What good does it do?

 

Guns are not the solution here and more guns would be a problem.

 

i do not remember you specifically beourbud.  i thought i did but my memory is a funny thing.. it like to play games with me

 

i apologize for using the wrong word.

 

so maybe a better choice of words would have been coalition.

 

a cannabis coalition.

 

i wanted to use the word army but i thought that would promote violence so i said militia..lol look where that got me...kicked in thy nutz.

 

i really do not advocate violence.

 

i really do want to start my own cannabis militia/coalition/partnership/compassion club where members know that the rest of the club has their back.

its my own fault... i have been watching the show "sons of anarchy" on netflix.. i am in the middle of season 6 and i feel their pain...

 

police always messing with them...

 

i was feeling like we need a cannabis MC... but i refuse to ride on anything that only has 2 wheels... so a MC is out...

 

well an MC as it stands for Motorcycle Club is out...

 

what we need is an MC that stands for Marijuana Coalition.

 

strength in numbers.

power to the people.

[AmishRnot4ganja]

i do not remember you specifically beourbud. i thought i did but my memory is a funny thing.. it like to play games with me

 

i apologize for using the wrong word.

 

so maybe a better choice of words would have been coalition.

 

a cannabis coalition.

 

i wanted to use the word army but i thought that would promote violence so i said militia..lol look where that got me...kicked in thy nutz.

 

i really do not advocate violence.

 

i really do want to start my own cannabis militia/coalition/partnership/compassion club where members know that the rest of the club has their back.

its my own fault... i have been watching the show "sons of anarchy" on netflix.. i am in the middle of season 6 and i feel their pain...

 

police always messing with them...

 

i was feeling like we need a cannabis MC... but i refuse to ride on anything that only has 2 wheels... so a MC is out...

 

well an MC as it stands for Motorcycle Club is out...

 

what we need is an MC that stands for Marijuana Coalition.

 

strength in numbers.

power to the people.

Well, if nothing else it would sure draw attention. Maybe we need more attention. I don't think that the average person is aware of the scope of the persecution that medical marijuana patients are subjected to in this state. Maybe a little radical attitude would tear the scab off this festering problem and expose its ugliness.

Edited February 3, 2016 by AmishRnot4ganja

[mibrains]

Well, if nothing else it would sure draw attention. Maybe we need more attention. I don't think that the average person is aware of the scope of the persecution that medical marijuana patients are subjected to in this state. Maybe a little radical attitude would tear the scab off this festering problem and expose its ugliness.

 

i know one thing for certain..

whenever i wore/wear my MMMA staff bombers jacket in public it will undoubtedly cause a lot of people to come up to me and ask questions.

i do not wear it much these days... but when i do it always emboldens people to come speak with me.

 

if more people had a recognizable symbol that they stood behind that said "if you mess with me - you mess with my whole canafamily" at the same time it needs to say - "i am approachable and willing to answer any questions you might have".

 

i sincerely believe it would help stabilize the industry in part and as a whole. 

 

strength in numbers...

Edited February 3, 2016 by mibrains

[imiubu]

I still want one of those jackets jk (maybe)

 

Coalition it is then.

 

and... I still don't think the use of the word militia was improper in the general sense.

We are being tyrannized after all.

 

I hear ya @mibrains about SOA.  I binge watched every ep last winter and man was

I saturated, so much so I started dreaming like I was living the show lol.

Sometimes maybe, too much of a good thing isn't so good haha.

This winter is Game of Thrones (at a slower pace)

[matt79]

How many people have actually gone to jail or prison for mmj in michigan?

[matt79]

Im kust confused how a jury will actually convict a dispensary owner.why isnt jury nullification being used in these cases? Thats what i would do if i was a dispensary owner

[bobandtorey]

How many people have actually gone to jail or prison for mmj in michigan?

 

 

More then i can count 

 

20,000 people get arrested in Michigan each year for cannabis

[trichcycler]

Im kust confused how a jury will actually convict a dispensary owner.why isnt jury nullification being used in these cases? Thats what i would do if i was a dispensary owner

would be nice if it was up to the dispensary to give orders to the jury

jury nullification is for a jury to decide

stress sweat is for the defendant

[Greg Rx]

I just don't understand how you can be prevented from making your defense. 

[bobandtorey]

This is an important point; the prosecutors that vigorously pursue these cases ultimately believe that the judge's jury instructions will rule the day even if the defendant is able to really tell his story. They work their butts off to get a ruling from the judge that says you can't speak of medical purpose, and still rely on the judge's jury instructions to keep jurors from being swayed by any testimony that "slips out" they deem irrelevant.

 

In addition, jury civic education is seemingly at an all-time low. After a particularly disappointing jury trial loss on resisting and obstructing charges, the jury foreman told Michael that he "didn't do enough to prove his client's innocence."

 

We have also had a jury verdict that was split like this, where the jury accepted the fact that the marijuana kept in the place was meant only for sale to legal recipients and that the place is not a drug house, but then convicting on the actual delivery to the CI or undercover (one felony instead of three, basically). It really shouldn't be possible legally, but the jury brings strange and interesting things to the equation.

 

 

Thank you

 

I was at the Hartwick case for 3 days this week they even ask the jury if anyone had a mmj card and a lot of them did those people could not be on this jury and where sent home until they had the 13 they needed that didn't have a card 

 

Haraywick could use the words medical marihuana to the jury because the prosecutor messed up by letting some text messages into evidence  that said he was growing for his patients 

 

Doesn't the Law say you can't be denied any rights just because you have a card  ?

[bobandtorey]

Despite the prosecutor's best attempts, I don't think they can. For instance, I believe even though Oakland County Prosecutor sought and was granted a gag order in the Hartwick trial this week, I believe it is already blown, by the prosecutor, so everybody gets to talk about it.

 

 

It was the most railroaded case i've been too other then our own in the last 7 years  and i've been to many as you know 

[trichcycler]

A "Jury School" would be interesting, but in my experience people do the craziest things just to avoid jury duty, not to mention going to a class first to learn their real rights.

[bobandtorey]

He could say the words, but the judge ensured, as I said above, that the jury couldn't use them to render a verdict. Unfortunately it appears, at least in this case, that the prosecutor was right regarding the jury's inclination to follow judge's jury instructions.

 

We need a prospective juror that was denied the right to be on the jury to contact our office, and we can figure out if there is a problem with jury selection.

 

 

We need a prospective juror that was denied the right to be on the jury to contact our office, and we can figure out if there is a problem with jury selection. i didn't know that it's not the first time i've been it so next time i will make sure i talk to them and tell them 

 

If theirs  a next time but the way things are going in the court house  in Oakland County their will be many more next times 

[imiubu]

I've been summoned 5 times now and have yet to be called.

 

I would really like to set on a jury, at least once.

[trichcycler]

in my experience honesty during open attorney interviewing precludes many juror selections sadly.  

Edited February 5, 2016 by grassmatch

[bobandtorey]

He could say the words, but the judge ensured, as I said above, that the jury couldn't use them to render a verdict. Unfortunately it appears, at least in this case, that the prosecutor was right regarding the jury's inclination to follow judge's jury instructions.

 

We need a prospective juror that was denied the right to be on the jury to contact our office, and we can figure out if there is a problem with jury selection.

 

 

Thank you 

 

When the prosecutor messed up by letting the text messages inn the prosecutor stopped the trail right then and told the Judge she had to call her boss to find out what she should do 

i think she wanted a mistrial so she could start over and not let the words medical marihuana come inn 

 

the Judge didn't want a mistral but she talked about it   but now i'am not sure why or  if a Judge would or wouldn't want one but out in the Hallway where things our talked about more inside  a court room the Lawyer said the prosecutor was wanting it 

[Spartyon]

Last june i had jury trail in Wisconsin. Same thing i could not say i was a licensed medical card holder or mistrail. I was originally charged with possession times 2 and para so t3 mistas then went back week later to get my car and was arrested again and they added 2 felonies. At the last min before trail DA tries to get pics from my phone entered into evidence. All pics where taken in Michigan of my legal grow. My attorney says fine then we get to explain my medical status in Michigan. Judge agreed so all Michigan stuff out. Judge instructed DA that his ci who i refused to sell anything too couldnt say i sold mariujuana for a living or i get to explain who i sell to my 5 patients in Michigan. Ci looked like a deer caught in the head lights.

Best part was during jury selection after DA asked the prospective jurers his questions, then judge asked potential jury if they understood what the DA said. One retired gentleman raised his hand and told the judge "i didn't listen to a dam word thr DA said" i almost fell out of my chair had to pinch my self looked at my attorney and did he really just say that. In my wildest dreams i could not of come up with that one. So its my attorneys turn to ask potential jury questions turns out retired guy worked for the state of Wisconsin and studied marijuana for the state of Wisconsin and does not see anything wrong with marijuana as medicine. He polluted the whole jury pool for us. The DA wanted to put his head between his leg.

After lunch i took ple to 2 mistas got back 400.00 no prpbstion done.

[trichcycler]

with such a good jury pool why did you take a plea for the original misdemeanors?

[t-pain]

cause they can always do mistrial. and get new jury

[bobandtorey]

 

Witt receives lengthy jail sentence in medical marijuana case - Gaylord - Petoskey News-Review

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Witt receives lengthy jail sentence in medical marijuana case

 

3 images

Mark Johnson/Herald Times

 

Alan Witt, right, is taken into custody by an officer from the Otsego County Sheriff's Department Monday in 46th Circuit Court, after being sentenced to 180 days in jail and 18 months probation after a jury found him guilty on a charge of delivery of marijuana.

 

3

Mark Johnson (989) 732-1111 mjohnson@gaylordheraldtimes.com | Updated 9 hours ago

 

GAYLORD — A former Gaylord medical marijuana caregiver received a sentence containing substantial jail time Monday, though his attorney said they plan to appeal.

 

 

Several people in the packed courtroom made their disapproval known with gasps and shouts of anger after Alan Witt, 27, of Gaylord, was sentenced to 180 days in jail and 18 months probation, among other stipulations, Monday morning in 46th Circuit Court by Judge George J. Mertz. Witt was found guilty on one charge of delivery of marijuana by a jury Jan. 27.

 

“I'm disappointed,” said Josh Covert, Witt's defense attorney. “I don't think the sentence delivered really fit what happened.”

 

Following the hearing, Witt was subsequently taken into custody by the Otsego County Sheriff's Department and was unavailable for comment.

 

In addition to the jail time and probation, Witt's sentence also included:

 

• A suspension of his driver's license for 30 days, then restricted for six months after that;

 

• Restitution payable to Straits Area Narcotics Enforcement in the amount of $75;

 

• Various court costs amounting to approximately $1,303;

 

• A $2,500 fine, which, Mertz said, goes to the Otsego County Library.

 

Some of the conditions of the assigned probation include required drug testing, a ban from using or possessing controlled substances or drug paraphernalia, no contact with anyone he knows who has a felony record, no use of medical marijuana and no involvement with any medical marijuana dispensary.

 

Witt will be required to serve 90 days of the 180-day sentence up front. He will be eligible for work camp after the first 30 days.

 

Covert requested a stay pending appeal, which was objected to by Michael Rola, Otsego County prosecutor, and then denied by Mertz.

 

During the trial, Covert argued that Witt's actions were protected under the Michigan Medical Marihuana Act, though Rola disagreed and continued to dispute those claims Monday.

 

“We have a situation where the defendant and others like him, but more specifically in this case, the defendant is operating a dispensary. He effectively is a drug dealer,” Rola said. “He's not helping people, he's merely preying on persons with substance addictive personalities.”

 

In addition to the delivery of marijuana charge, Witt was found not guilty on one count of maintaining or keeping a drug house, and the jury was hung on one count of possession of marijuana with intent to deliver. These charges were the result of a raid of Gaylord Provisions, a medical marijuana dispensary where Witt was then employed as a caregiver, May 27. Additional Otsego County medical marijuana dispensaries were searched as well.

 

The charges involved a confidential informant, Arnold Czarnecki, used for a Straits Area Narcotics Enforcement investigation.

 

During the trial, it was shown that Czarnecki allegedly entered Gaylord Provisions with his registered medical marijuana card on different dates and allegedly acquired marijuana, though none of the caregivers at Gaylord Provisions were his registered caregiver. He identified Witt during the trial as the store employee who sold him marijuana. The Michigan Medical Marihuana Act limits sales of medical marijuana to registered caregivers to their registered patients, Rola argued.

 

In a hearing prior to the trial, Covert attempted to show the transaction in question was protected under the Michigan Medical Marihuana Act, but was unsuccessful.

 

Before delivering the sentence Mertz admitted the medical marijuana law isn't perfect, which made it extremely risky for Witt to enter the industry, a risk Mertz told Witt he should have known could result in the situation he is in now.

 

Regardless if the law is confusing or flawed, Rola said it is his duty to enforce it to the fullest extent possible.

 

“The prosecution is required to follow the law. We don't pick and choose which laws we want to follow,” he said. “In this particular case, the law was violated, and under my oath of office I am required to follow that law. I don't decide which ones to enforce, I only decide whether there is probable cause to pursue charges.”

 

Witt was one of two dispensary owners or caregivers included in the raids who chose to challenge the charges and bring the case to court. The other individual, Bradley Worde, faced the same charges Witt originally faced and also planned to challenge the charges in court. They were prepared to begin the process, Covert said, but Worde has since died, as Covert said he was suffering from various medical issues.

 

It was due to Witt's decision to bring the case to trial that Covert believed he received a sentence that appeared harsh in his eyes as well as many of his supporters in attendance at the hearing Monday.

 

Rola previously said he had not yet made any decisions regarding the hung charge, though he said he could make a decision once sentencing was concluded.

 

Following the hearing, Covert again confirmed plans to file a series of appeals, though he could not say if he expected a different result.

 

“We'll just have to wait and see what the Court of Appeals says,” he said.

 

 

 

Edited April 5, 2016 by bobandtorey

[dutchfarm]

Politicians are like diapers, they both need changing regularly, for the exact same reasons!!

                                         Farmer Brown

[beourbud]

So let me get this right, The same folk pushing for dispensaries that are continuing to be raided want a top on an Outdoor Grow?

 

The dispensary lobby are and have been promoting activity they know is getting people arrested.

 

They have No Credability.

Edited April 5, 2016 by beourbud

[trichcycler]

BB,

c'mon now, don't take away from this, don't be in poor form. Some people want a top on their greenhouse, and some don't, their is no reason to segregate either. I personally would like it to be my choice to cage or not in the first place.  If I caged it, I would top it, and in fact did, with "wooden slats" to attach pig fence, and solex to cover that, on a small hillbilly outdoor a few years ago. My greenhouse will be covered too. I've never suffered cannabis losses in a cage like I have when not in a cage for thought. It is a personal choice too, so why not allow people to grow peacefully, within the law, instead of testing it to create more attorney fees?

 

what you are disputing is what the law says, not what WE want I think or support. Your  bone is with those who interpret the law differently than yourself, so be it right. Those people do not necessarily support the regulation but do support their interpretation in order to stay safe.  Nobody wants restrictions, and everyone but you knows that yelling about a rule, suggesting lawlessness, will not get laws changed. It will drive business to an attorney possibly, or generate some gofundme pages, but no patient will benefit until a case. I see no reason to divide growers and patient on this issue really, it is of no matter.

 

Some of us are here not to see what we can get away with, or yell about the rules given to us, but to discover ways to avoid leo contact, grow within current laws, and wish for the best outcomes for everyone.

 

peaceness