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Cloud 45. Gaylord Raided......again


beourbud

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That's how the worst prosecutors roll: total nonsense, whatever they think they can get away with in front of the judge. Thankfully most are treating things more reasonably these days, but there are still more than a handful out there that will trot this kind of logic out in front of a judge regularly.

Yes I know NOBODY on here really believes this crap and only wants to keep us safe. But we should not ever let this pass without challenge.  

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I think they wanted to make damnded sure nobody could cause the resurgence of hemp fibers in America. Those must be purchased from China at any cost.

I have very mixed feelings about hemp. I sure would not want someone growing it near me. An outdoor grow would be contaminated.

                                   Farmer Brown

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I have very mixed feelings about hemp. I sure would not want someone growing it near me. An outdoor grow would be contaminated.

                                   Farmer Brown

I hear you man. I grow indoors now primarily and would be o k  with a hemp field across the street. In a greenhouse maybe a hepa positive pressure system full time might work. But outdoors....I only know of one way to prevent cross pollination......a sterile female, on the horizon surely. Monsanto's been on the top of that awhile "if you can grow it, we must own it"

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could confuse them and sell Duff Drops, Pipe Scrapin's Pie, Bonged Bites, Roach Paper Pips. 

Sellers be packing small pipes with oil and selling them as used pipes to patients. tehe

mixture of...... preparation thereof......resultant  analog by the time the court gets it.

I have a used glass bowl that has soooo much oil in it lol,  put it on the screen hit it with heat,,,,,oooops!,,,,,,,,,where did it go bawahahahahaha!  Im gonna take a blow torch to it if I ever am in need!

 

Peace

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a look around shows us the seed police in action all around the world. And now our own Homeland Security enforces patent infringements. Farm acres are confiscated because a plant found on the property shows dna of a patented monsanto plant. farmers have little to no power against this type of force. I dont think I'll be alive to see this with cannabis, but I didnt think I'd see a marijuana card either.

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That's how the worst prosecutors roll: total nonsense, whatever they think they can get away with in front of the judge. Thankfully most are treating things more reasonably these days, but there are still more than a handful out there that will trot this kind of logic out in front of a judge regularly.

 

Thank you

 

I think if more people would come to see things for themselves they would get a better picture of how prosecutors roll and Judges agree with them when you'll sitting and watching 

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GAYLORD — It’s been nearly six weeks since all of the medical marijuana dispensaries in Otsego County were raided by law enforcement officials, resulting in two arrests and an ongoing investigation.

As of Friday afternoon, the execution of search warrants at nine dispensaries in Gaylord and one in Vanderbilt March 10 have been proceeded with the arrest of two men, including Robert Garrow Jr., 45, of Gaylord, and Steven Scully, 36, of Gaylord, though more are expected to be made, possibly by the end of the month.

Garrow was arraigned March 14 on one count of operating or maintaining a controlled substance laboratory near certain places, other businesses in this instance; four counts of delivery of or possession with intent to deliver marijuana, or manufacture of marijuana; and one count of operating or maintaining a drug house. Each will be charged as a second offense.

Scully, former owner of The Apothecary in Gaylord at the time of the raids, was arraigned April 4 on a series of charges, including three counts of delivery of or possession with intent to deliver marijuana, or manufacture of marijuana; and one count of maintaining a drug house.

All of the felony charges will be considered a second offense, Michael Rola, Otsego County prosecutor, said previously.

In a Facebook conversation, Scully said he was frustrated as he is one of the few dispensary owners to face prosecution to this point.

“Why was I singled out?” he asked. “Why was I arrested?”

Officials from Straits Area Narcotics Enforcement — the law enforcement agency that spearheaded the searches of the dispensaries — said more arrests could be made by the end of the month or in the following weeks.

When asked why Garrow and Scully were the only individuals to be arrested at this time, Detective Lt. Ken Mills, unit commander of Straits Area Narcotics Enforcement, said there were different circumstances surrounding both cases leading to their arrest.

“We could have arrested a bunch of people, but they were the only two arrested at the time,” Mills said. “They were dispensing illegally.”

Scully challenged law enforcement officials and the courts to review the Michigan Medical Marihuana Act closely, saying they would find provisions that show he was operating legally.

Mills previously said one of the factors leading to the searches was his claim that most, if not all, of the dispensaries were selling to card-carrying patients who they were not registered with, which can be considered a violation of the Michigan Medical Marihuana Act.

Rola said the reports he has reviewed to this point show caregivers selling to patients they were not registered to was a common theme following the latest round of searches.

Bruce Block, a Grand Rapids defense attorney, said there are different protections for the patients and caregivers under Section 8 of the Michigan Medical Marihuana Act, though the marijuana law leaves different aspects up to interpretation, including transactions between registered patients and caregivers who are not connected to each other through the law. He did argue, however, that under Section 8 a caregiver in this instance could assert the affirmative defense of the medical purpose of the transaction.

Through a previous protest and other means, medical marijuana caregivers and patients from Otsego County and around the state have come together, arguing the actions by the law enforcement officials were illegal as the caregivers and patients say they were operating within the law.

This argument continued through a trial for Alan Witt, a former medical marijuana caregiver who worked at Gaylord Provisions during an earlier series of raids on May 27, 2015.

Through the trial it was discovered Witt sold marijuana to a registered medical marijuana patient, though the patient was not registered to him. Witt and his attorney argued his actions were protected under the Michigan Medical Marihuana Act, but were mostly unsuccessful.

Witt was found guilty on one count of delivery of marijuana, 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.

Scully said he chose to leave the medical marijuana industry for the time being, though he plans to fight the charges.

“I chose to leave Gaylord behind me,” he said in the message. “People are very upset. Nobody was ever hurt by my medical marijuana in Gaylord. Many were hurt by the raids.

“I’m not going to prison for cannabis. It’s archaic like Rola’s beliefs.”

Rola said it remains unclear if any of the dispensaries involved in the raids were operating legally. If there were a dispensary operating legally, he said the individuals would not be charged.

 

http://www.petoskeynews.com/gaylord/investigations-continue-following-medical-marijuana-raids/article_f23b04ba-062f-11e6-a3f5-8bee60b301d5.html

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A legally operating dispensary would be one that was operated by a caregiver who sold only to the five patients who were registered to that caregiver by the state.

 

If there are any that fit that description then they are legal.

 

If others are allowed to operate it looks like it might be a case of fattening them up for the slaughter.

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Ok

cool

I want to discuss this.

 

Where do you as a PATIENT draw the line?

 

Do you care where you acquire your cannabis from?

 

The supreme court says as a patient you are protected to procure your cannabis from any source so why all the bother about dispensaries?

 

Please tell me one reason why any person here who uses cannabis would be against a dispensary when you know you as a patient are protected?

 

Dispensaries as the seller are not protected by the act?

 

Why do you care as the supreme court protected buyer?

 

Is it not up to the dispensary owner to suffer the consequences of supplying more than their 5 patients?

 

Why do we as a community of patients worry?

 

We are protected to procure from any source right?

 

In the case of some dispensaries that choose to dispense products that the COA AND THE MSP have said are no go items...then I do not support their actions.

 

My point is this

 

Can anyone give any reason why a state satisfied patient should not acquire cannabis from a particular source? Even if that source happens to be a "dispensary"

 

Call it whatever you f u c k I n want...

 

As a patient if it works for me and the supreme court says its cool then quit telling me dispensaries are evil or wrong...

 

I could care less if they are protected or described by the original act.

 

Seriously who are any of us to judge where anyone procures their cannabis from?

 

We as the patient are always protected to procure our cannabis from any source..

 

Ask yourself... why do you care if the dispensary supplier is at risk of supplying cannabis if the patient is protected?

 

Now. That being said.

 

In the case of profit mongers who are whores In the eyes of our community and deserve to be stoned.. in the literal sense we shall as a community come forth and declare due dililgence and proper justice.

 

Some dispensaries are not in it for the betterment of the community.

 

We can WEED them out

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Loss of privacy when records are taken.

 

The damage caused by dispensaries trying to fit under the umbrella of patient and caregiver protections.

 

And, helping to fund commercial interests who are supporting lobbyists that are supporting police suggested restrictions against patients and caregivers to make what they do(commercially sell pot for inflated prices) legal. The proverbial, thrown under the bus.

 

 

In many ways that doesn't fit under what you are asking, but you asked.  :-)

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and then what?

 

Thanks 

I'm not sure if you our asking me 

 

and then what? Imho it would let you know how the courts and procurtors ( the system works ) against someone by not letting someone tell their story i've been to Court support when someone was very sick and the court wouldn't even let him say on the stand how sick he is and how cannabis helps to a jury 

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Ok

cool

I want to discuss this.

 

Where do you as a PATIENT draw the line?

 

Do you care where you acquire your cannabis from?

 

The supreme court says as a patient you are protected to procure your cannabis from any source so why all the bother about dispensaries?

 

Please tell me one reason why any person here who uses cannabis would be against a dispensary when you know you as a patient are protected?

 

Dispensaries as the seller are not protected by the act?

 

Why do you care as the supreme court protected buyer?

 

Is it not up to the dispensary owner to suffer the consequences of supplying more than their 5 patients?

 

Why do we as a community of patients worry?

 

We are protected to procure from any source right?

 

In the case of some dispensaries that choose to dispense products that the COA AND THE MSP have said are no go items...then I do not support their actions.

 

My point is this

 

Can anyone give any reason why a state satisfied patient should not acquire cannabis from a particular source? Even if that source happens to be a "dispensary"

 

Call it whatever you f u c k I n want...

 

As a patient if it works for me and the supreme court says its cool then quit telling me dispensaries are evil or wrong...

 

I could care less if they are protected or described by the original act.

 

Seriously who are any of us to judge where anyone procures their cannabis from?

 

We as the patient are always protected to procure our cannabis from any source..

 

Ask yourself... why do you care if the dispensary supplier is at risk of supplying cannabis if the patient is protected?

 

Now. That being said.

 

In the case of profit mongers who are whores In the eyes of our community and deserve to be stoned.. in the literal sense we shall as a community come forth and declare due dililgence and proper justice.

 

Some dispensaries are not in it for the betterment of the community.

 

We can WEED them out

 

 

Thank you

 

At one dispensary raid didn't Leo take people's Cars that where in the parking lot ?

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GENESEE COUNTY, MI – Prosecutors are seeking to padlock two more Genesee County medical marijuana dispensaries following investigations by the Flint Area Narcotics Group.

The Genesee County Prosecutor's Office has filed motions asking a judge to padlock Hardcore Harvest, 119 W. State Street in Montrose, and Hemphill Wellness Center, 3365 Associates Drive in Burton, over claims the facilities are violating the state's nuisance ordinance.

Prosecutor David Leyton said he believes the dispensaries are a violation of the state's medical marijuana law.

The state's nuisance law allows officials to padlock a property for up to a year over complaints of drug dealing.

Leyton said he decided to pursue the cases after they were presented to him by FANG, a multi-jurisdictional drug team organized through the Michigan State Police.

"Our focus is to stop criminal activity, which includes drug traffickers who are operating illegally under the guise of the state's medical marijuana law," said Michigan State Police spokesperson Shanon Banner.

However, Bruce Leach, an attorney representing Hemphill Wellness, said the investigations by FANG have more to do with the agency's attempt to ensnare marijuana patients and caregivers before a possible state initiative is place on the ballot later this year to decriminalize the drug than protecting county residents.

Voters passed the state's medical marijuana law in 2008, but it wasn't until earlier this year that FANG asked prosecutors start padlocking the dispensaries.

"FANG has become extremely cavalier in the abuse of medical marijuana patients and their caregivers," Leach said.

Attorneys for Hardcore Harvest could not be reached for comment.

This is the third effort to padlock an area dispensary in the past two months.

Prosecutors first sought to padlock the Clio Caregiver Connection in early March after FANG made multiple controlled purchases of marijuana 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.

FANG conducted similar operations at the Montrose and Burton facilities.

Leach, who specializes in marijuana law at Kirsch Leach + Associates, said the facilities, particularly the Hemphill Wellness Center, have long operated in the area and have no history of complaints from the community.

"They're not hurting anybody," Leach said. "They're helping people."

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.

However, Leach said previous court cases and the support of local ordinances and officials have allowed the dispensaries to operate without interference from law enforcement, particularly in Genesee County.

"Genesee County has been an area of hope and compassion," Leach said.

Leyton said he plans to meet with Leach to discuss the state's medical marijuana law and hear the attorney's arguments as to why the dispensaries should be able to operate.

"I'm open-minded on the issue," Leyton said, adding that he has not pursued criminal charges in the cases. "I'm not looking to criminalize people for low-level marijuana transactions."

Leyton said he couldn't comment as to why FANG has recently delivered multiple padlocking cases to his office in the past few months, but Leach said he believes the agency is looking to cash in before a possible change in state law.

Michigan's drug forfeiture program allows 15 percent of any property forfeited in a drug case to go to the prosecutor's office for future drug-enforcement actions. The remainder goes to the police agency responsible for the bust.

FANG seized nearly $109,000 in assets in 2013, according to the state's 2015 asset forfeiture report. That total jumped to more than $318,000 in 2014.

Court records show $40,000 was seized as part of the investigation at the Montrose dispensary. A civil forfeiture case is currently pending over the dispensary's assets.

State police officials deny the busts are motivated by a potential ballot initiative.

"We follow the law on the books," Banner said. "Speculation about future law does not factor into enforcement decisions."

The Michigan Comprehensive Cannabis Law Reform Committee, known as MI Legalize, announced in February that its campaign to legalize marijuana "the right way" in Michigan has now collected 240,000 signatures.

The state requires 252,000 valid signatures to qualify for the November 2016 general election ballot.

"We're on pace and on track," Jeffrey Hank, the group's executive director, told MLive in February. "We're trying to bring everyone together in unity. We're trying to set the standards for this industry to take off."

The group wants to allow marijuana possession and use by adults, tax retail sales at 10 percent and allow local communities to license marijuana facilities.

All three padlocking cases against the Genesee County dispensaries are still pending in circuit court. Temporary restraining orders are currently in place to keep the businesses from operating. 

http://www.mlive.com/news/flint/index.ssf/2016/04/2_more_flint-area_medical_mari.html

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Loss of privacy when records are taken.

 

The damage caused by dispensaries trying to fit under the umbrella of patient and caregiver protections.

 

And, helping to fund commercial interests who are supporting lobbyists that are supporting police suggested restrictions against patients and caregivers to make what they do(commercially sell pot for inflated prices) legal. The proverbial, thrown under the bus.

 

 

In many ways that doesn't fit under what you are asking, but you asked. :-)

Helping fund commercial interests is a great point. That's not cool behavior on their part.

 

Hopefully patients don't leave behind any records...

 

I'm wondering if patients didn't want dispensaries wouldn't they be gone?

 

Market driven?

 

I only ask because it seems like the raids in gaylord are designed by LEO only to grab money.

 

If leo actually cared in some way about them would they not stay closed?

 

How is it nearly all of them reopened within a couple days of being raided?

 

I ask having never bought anything from a dispensary...having nearly no reasons to visit one myself..my curiosity got the best of me.

 

Why did they reopen after being raided?

 

They must be needed...or at a minimum wanted by the general majority of patients in that area otherwise wouldn't they stay closed?

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Helping fund commercial interests is a great point. That's not cool behavior on their part.

 

Hopefully patients don't leave behind any records...

 

I'm wondering if patients didn't want dispensaries wouldn't they be gone?

 

Market driven?

 

I only ask because it seems like the raids in gaylord are designed by LEO only to grab money.

 

If leo actually cared in some way about them would they not stay closed?

 

How is it nearly all of them reopened within a couple days of being raided?

 

I ask having never bought anything from a dispensary...having nearly no reasons to visit one myself..my curiosity got the best of me.

 

Why did they reopen after being raided?

 

They must be needed...or at a minimum wanted by the general majority of patients in that area otherwise wouldn't they stay closed?

John you know better than most the answers to your own questions!

 

I personaly think you shouldnt be involved in this conversation!

 

I dont beleive I need to say why!

 

Peace

Jim

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I have issue with the dispensaries making statements about how dangerous home growing is.

Now my Mayor is looking at limiting and/ or licensing home growing... in Lansing... WHAT???

 

The only reason I can surmise for this is to cut out what they (disp) foresee as competition.

Where did all these shop owners come from?  Same people who were originally the

home growers they are now trying to quash.

 

Any disp I've visited does indeed record my LARA info and my ID.

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The only way a despense can run legaly at this time, (This is only my opinion)

 

They would have to employ all pt/cg's, The people working could only serve people they are registered to thru the mmma!

 

so If you wanted 100 sales, or upto 2.5 oz per sale, you would need 20 c.g's working and only their pt's could purchase at that time, so the person running the store would have to have a c.g working schedual, They could have 20 c.g's there for 2, 4, 6 or how ever many hrs they want, they would have to have a list of c.g's working times for the pt's to know when they can come get their mm, (pt's can only buy when their c.g is working or biz would be ilegal)  a despense cant have any medibles, oil, shatter, glass wtv!

 

That is the only way under the law we have now for a store front to operate and be totaly legal, yes a pt can buy from any one, but a despense cant sell to any one, so for them to be legal only c.g's can sell to their own pt's at the store!

 

We would still have plenty of stores that would open and plenty of people who would be happy purchasing their meds from a despense and their own c.g,

 

The c.g's who work at home an only grow and sell to their legal pt's would still be there!

 

No matter what there will always be people who would rather get their meds at a despense, I guess they dont care about price or quality, sorry I know despenses get some great quality, but is the price they put on it worth it?

 

Just some food for thought!  call it a selective or collective or despense for only c.g's and their pt's, 100's of c.g's could participate and pay counter fee's like they do table fee's at a farm market, the only dif is they can only deliver to thier registered pt, the pt would still be able to have a larger variety than just their own c.g would have!

 

Peace

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its only the ones that are allowed to remain open that say home growing is dangerous. maybe thats the deal they made with leo? our leaders have made habit of employing supplying criminals in order to get a job done. sometimes it backfires into full out terrorism. little leo's may be taking lesson form the big leo's.

..while they purchase all of their stock from those same gardens. Its no wonder they believe this is true.....just look at the crap they resell, they must think all home growers are just like the criminals they support. 

 

some drug trafficking houses are allowed to remain untouched for years. some not so much. always been that way. now that we know all about the corruption. I dont like crack houses in Mt Clemens, allowed to operate for long periods of time with no interference. will they become legal eventually too? there is a drug need evidently being supplied. 

so what, what now? sit in court and learn more of the corruption? do something about it? like what? yell at the forums? more civil disobedience? divide and conquer ? vote?  stop visiting illegal supply houses?   whatever....been doing those things forever. over and over, and voila! same results, over and over, go figure

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