Clio Medical Marijuana Facility Could Be Padlocked For Year After Raid

[bobandtorey]

CLIO, MI – A suspected Clio medical marijuana dispensary will remain closed, at least temporarily, after prosecutors filed a motion asking a judge to padlock the business for alleged violations of the state's medical marijuana laws.

Judge Archie Hayman ruled Monday, March 28, that a temporary restraining order shuttering Clio Caregiver Connection will remain in effect after prosecutors asked a judge for padlock the business for up to a year under the state's nuisance ordinance.

Genesee County Prosecutor David Leyton filed a nuisance ordinance violation March 3 against the business after an investigation by the Flint Area Narcotics Group alleged the business at 105. N. Mill St. was acting outside of the state's medical marijuana act.

"Dispensaries are not permitted under the Michigan Medical Marihuana Act," Leyton said after Monday's hearing. "We're merely following the law."

RELATED: Medical marijuana patients increasing in Michigan and five other facts

State law allows officials to padlock a property for up to a year over complaints of drug dealing.

FANG began its investigation into the facility Sept. 22, after receiving information that the facility was acting as a dispensary, according to the violation complaint.

Three separate controlled purchases of marijuana were conducted at the business, according to the complaint. The purchaser was a medical marijuana patient, but no person present at the facility was the registered caregiver for the buyer, the complaint claims.

State law allows individuals to serve as caregivers for medical marijuana patients, allowing them to possess up to 2.5 ounces of useable marijuana or 12 marijuana plants for each of their registered patients. Caregivers are allowed to have up to five patients.

Search warrants were obtained for the facility and executed Feb. 18. Officials claim they discovered multiple jars of marijuana in cases listed for sale, edible marijuana items, THC wax, suspected psychedelic mushroom cultivation, suspected LSD tabs in the business owner's vehicle, 12 marijuana plants and $860, according to the complaint.

The temporary restraining order was issued after authorities alleged the business continued operating even after the warrants were executed. 

The business's owner did not appear in court for Monday's hearing. His name is not being released because he has not yet been arraigned on the suspected crimes.

The owner, when contacted by Mlive-The Flint Journal, declined comment and forwarded questions to his attorney, Farmington Hills-based Michael Komorn. Komorn could not be immediately reached for comment.

After the nuisance complaint was filed, the shop's owner launched a GoFundMe campaign to raise money for his defense.

"I have been helping people in the community since June, 2011," the business owner posted on the fundraising page. "There has been several instances where the police got involved, ignoring the laws. I opened the club as a safe haven for people to talk and socialize, along with getting their medications, mainly medical marijuana."

Leyton said legislators or the courts need to provide better more clarity on the state's medical marijuana law, which was approved by voters in 2008.

The Michigan House in October 2015 passed sweeping plans to create a highly-regulated medical marijuana industry and allow patients to purchase the drug at storefront dispensaries. However, the bill stalled in the state Senate.

It's the first medical marijuana facility Leyton's office has sought to padlock under the state's nuisance ordinance.

Since its inception, many local communities across Michigan have enacted measures that have both lessened the criminalization of the drug. Others have gone in the opposite direction to slow or block the availability of it.

The case will return to court April 25 when Hayman will be asked to decide if the business can be padlocked for up to a year. 

 

http://www.mlive.com/news/flint/index.ssf/2016/03/clio_medical_marijuana_facilit.html

[t-pain]

clio is the small town where the cannabis cup is held.

 

whats going on in clio?

[Restorium2]

Things are getting a little dicey there. There was that arson of a dispensary late last year. Gas poured just inside the door and torched. There's definitely some criminal activity going on. Leyton is fired up about it. Starting to investigate things and catching people with their pants down after given so much rope for years. Looks like they have cops with cards there now. The low hanging fruit is going to get pinched. 

[phaquetoo]

There is another place in clio,  They have a farm market every weekend, I havent been to it but my c.g goes at crop time, any one aware of that place?  I dont know the name of it but it isnt this one!

 

The domino effect may hit gennese county just like gaylord earlier this month!

 

Peace

Edited March 29, 2016 by phaquetoo

[trichcycler]

Psychedelic Mushroom Cultivation Center, one can only dream

[AbominableDro-Man]

I won't lie, I'd probably be one of their best customers if they'd been in league with the fun guys. 

Edited March 30, 2016 by AbominableDro-Man

[bobandtorey]

At some of the raids Leo took a few cars that where inn the parking lot of a dispensary so

 

Sounds like things our heating up in that County they have always said they lived in a bubble and couldn't be touched

 

I think we will see more of this happening I would think getting a letter or a plaid lock is better then a Jail sell Imo

 

More and more dispensary our getting their case tossed out 3 cases I know of last week

 

Theirs a plan for Michigan but it will only includ a few

[bobandtorey]

CLIO, MI – The attorney for the owner of a medical marijuana facility faced with the possibility being padlocked for a year questions why prosecutors are trying to have the business declared a nuisance.

Attorney Michael Komorn said he doesn't understand why prosecutors are trying to close the Clio Caregiver Connection as a nuisance even though the community hasn't come forward with complaints.

"It appears that the main allegation regarding 'a nuisance' comes from the drug task force and not the local police agency or community leaders or citizens," Komorn said.

Genesee County Prosecutor David Leyton filed a nuisance ordinance violation March 3 against the business after an investigation by the Flint Area Narcotics Group alleged the business at 105. N. Mill St. was acting outside of the state's medical marijuana act.

FANG began its investigation into the facility Sept. 22, after receiving information that the facility was acting as a dispensary, according to the violation complaint.

"It appears as if FANG and FANG alone are the persons complaining of the behavior and will testify about that behavior justifying any injunctions," Komorn said. "Instead, FANG warrants an injunction for their behavior, and the complaint of nuisance in this case."

State law allows officials to padlock a property for up to a year over complaints of drug dealing.

Three separate controlled purchases of marijuana were conducted at the business, according to the complaint. The purchaser was a medical marijuana patient, but no person present at the facility was the registered caregiver for the buyer, the complaint claims.

State law allows individuals to serve as caregivers for medical marijuana patients, allowing them to possess up to 2.5 ounces of useable marijuana or 12 marijuana plants for each of their registered patients. Caregivers are allowed to have up to five registered patients.

Search warrants were obtained for the facility and executed Feb. 18. Officials claim they discovered multiple jars of marijuana in cases listed for sale, edible marijuana items, THC wax, suspected psychedelic mushroom cultivation, suspected LSD tabs in the business owner's vehicle, 12 marijuana plants and $860, according to the complaint.

Komorn also took issue with Leyton filing the complaint, claiming it contradicts prior statements from the prosecutor.

"The restraining order action seems absurd in light of David Leyton's declaration that he will only review cases where the 'community' brings it to him or his office," Komorn said.

Leyton said Komorn took his statements out of context, and said he would review any case brought to him by law enforcement.

A temporary restraining order was issued this month against the business by Genesee Circuit Judge Archie Hayman after authorities alleged the business continued operating even after the warrants were executed. 

On Monday, March 28, Hayman agreed to continue the restraining order until a hearing is held on the padlocking of the business.

The business's owner did not appear in court for Monday's hearing. His name is not being released because he has not yet been arraigned on the suspected crimes.

The case will return to court April 25 when Hayman will be asked to decide if the business can be padlocked for up to a year. 

 

http://www.mlive.com/news/flint/index.ssf/2016/03/attorney_questions_possible_pa.html

[Restorium2]

Prosecutor Leyton;

 

Where not all dispensaries may be violating the Michigan Medical Marijuana Act, Leyton said the statute and Wednesday's ruling make it clear that patient-to-patient sales are not allowed.

"If five caregivers got together and wanted to have a dispensary and serve 25 patients (they could). And they could be compensated for the marijuana, for the cost of growing it," Leyton said. "Patient-to-patient sales are not allowed. The government can shut them down."

Leyton, however, said he will only review a case against a dispensary if a community brings it to him.

"If a police agency brings me a case where there's evidence that the Michigan Medical Marijuana Act is being violated, we will review it to see what action to take, if any. ... It's up to those communities. They're the ones that have to find it. I will review cases brought to me on a case by case basis," Leyton said. "I don't think we will see (too many cases). ... Police agencies are pretty busy."

Edited April 1, 2016 by Restorium2

[Restorium2]

FANG is a multijurisdictional drug team that investigates drug and criminal activity in Genesee County. There are currently two street level teams assigned at FANG. Each team investigates criminal and drug activity within Genesee County by targeting low to mid-level dealers in an effort to identify and target source dealers and organizations. FANG members encompass a cross section of agencies throughout Genesee County. The following law enforcement agencies have officers assigned to FANG: Bureau of Alcohol, Tobacco and Firearms (ATF), Flint Police Department, Flint Township Police Department, Swartz Creek Police Department, Burton Police Department, Grand Blanc City Police Department, Grand Blanc Township Police Department, Davison Township Police Department, Genesee Township Police Department, Mt. Morris Township Police Department, Flushing Police Department and Michigan State Police. In addition to law enforcement participants FANG has numerous governmental entities including townships, villages and cities throughout Genesee County that are participating members. 

[garyfisher]

FANG was responsible for raiding a party I was at 11 years ago.  They strip searched everyone and cavity searched some.  I left literally 5 mintes before this all went down.


http://www.mlive.com/news/flint/index.ssf/2009/11/flint_to_pay_800000_to_settle.html

[bobandtorey]

CLIO, MI – The attorney for a Clio medical marijuana dispensary claims Genesee County Prosecutor David Leyton has no authority to padlock the facility following an investigation by the Flint Area Narcotics Group.

Attorney Michael Komorn, who represents the Clio Caregiver Connection, said Monday, April 25, that Leyton lacked the authority to proceed with the case against his client because of shortcomings in the intergovernmental agreement governing the FANG multi-jurisdictional drug task force.

 

"I think it is clear patients need a safe access point," Komorn said. "It's an over reach by FANG."

 

Komorn argues the county board of commissioners failed to sign the intergovernmental agreement giving approval for FANG to operate in Genesee County. FANG's agreement contains signatures from Leyton and the heads of multiple local municipalities, but not a representative from the county board of commissioners.

Without approval of the county board, Komorn claims FANG was acting without legal authority when it raided the dispensary.

The city of Clio is a signatory to the FANG agreement.

Leyton disputes Komorn's claim, arguing he is authorized by the state constitution and state statute to handle cases from the drug task force.

"It's a novel argument," Leyton said.

Gerald A. Fisher, a professor with Western Michigan University Cooley Law School, said prosecutors serve on behalf of the county and the state under state law. He added that he is skeptical Komorn's argument will prove successful.  

However, if Genesee Circuit Judge Archie Hayman does agree with Komorn's argument, Fisher said previous cases handled by the drug task force may need to be reviewed.

"It would certainly bring it into question," Fisher said, adding that each case would need to be reviewed individually.

Leyton filed a nuisance ordinance violation March 3 against the business after an investigation FANG alleged the business at 105. N. Mill St. was acting outside of the state's medical marijuana act.

"I don't make the laws, I enforce them," Leyton said, adding that dispensaries are not included in the state's medical marijuana law.

FANG began its investigation into the facility Sept. 22, after receiving information that the facility was acting as a dispensary, according to the violation complaint.

Three separate controlled purchases of marijuana were conducted at the business, according to the complaint. The purchaser was a medical marijuana patient, but no person present at the facility was the registered caregiver for the buyer, the complaint claims.

State law allows individuals to serve as caregivers for medical marijuana patients, allowing them to possess up to 2.5 ounces of useable marijuana or 12 marijuana plants for each of their registered patients. Caregivers are allowed to have up to five patients.

Search warrants were obtained for the facility and executed Feb. 18. Officials claim they discovered multiple jars of marijuana in cases listed for sale, edible marijuana items, THC wax, suspected psychedelic mushroom cultivation, suspected LSD tabs in the business owner's vehicle, 12 marijuana plants and $860, according to the complaint.

State law allows officials to padlock a property for up to a year over complaints of drug dealing.

Hayman has issued a temporary restraining order against the business. A hearing is scheduled for May 16 to determine if the facility will be padlocked.

 

http://www.mlive.com/news/flint/index.ssf/2016/04/no_authority_to_padlock_medica.html

[t-pain]

lol paperwork

[imiubu]

"THC wax" HU???  Where did this term come from?

 

"$860" ?  That sure isn't big time imho.

 

Who got to Leyton?  I thought he was a friendly.

[GregS]

Again. This.

 

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

 

It is only smart to protect yourself from prosecution if you choose to sell to patients you are not connected with through the registry or if law enforcement does something stupid.

[Alphabob]

Just another example of the local government and community allowing dispensaries, but the drug tasks forces can’t keep their hands off civil forfeiture. Even if you do cover you’re a** with respect to criminal charges, they can still impose their own civil nuisance claims and pad-lock the building for a year. I’m guessing it’s also pretty easy to win those forfeiture cases.

 

At least they acknowledged it’s possible to run a ‘dispensary’ without violating the MMMA, although I feel like local laws should overrule state laws. Maybe this is how Ann Arbor is doing so well.

[bobandtorey]

Just another example of the local government and community allowing dispensaries, but the drug tasks forces can’t keep their hands off civil forfeiture. Even if you do cover you’re a** with respect to criminal charges, they can still impose their own civil nuisance claims and pad-lock the building for a year. I’m guessing it’s also pretty easy to win those forfeiture cases.

 

At least they acknowledged it’s possible to run a ‘dispensary’ without violating the MMMA, although I feel like local laws should overrule state laws. Maybe this is how Ann Arbor is doing so well.

I’m guessing it’s also pretty easy to win those forfeiture cases?  Do you mean it's easy for Leo to win ? Or easy  for a Dispensary to win ?

 

because with an forfeiture cases. you can't even have a jury here your case

[phaquetoo]

I’m guessing it’s also pretty easy to win those forfeiture cases?  Do you mean it's easy for Leo to win ? Or easy  for a Dispensary to win ?

 

because with an forfeiture cases. you can't even have a jury here your case

I couldnt even afford the bond they wanted from me to try and get my van back!  It is not easy for us to win a forfeiture case!

 

Peace

[Alphabob]

It’s generally hard to beat the prosecutor in civil forfeiture cases and isn’t worth it below $5,000 - $10,000 worth of items. It will be over before you are proven innocent, guilty or dismissed; and all the prosecutor has to show is by a preponderance of evidence. Did an undercover officer purchase from the store? If so I think they have quite a bit of ‘preponderance’. Plus it’s difficult to fight back when all your assets are gone.