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David Overholt in a photo taken earlier this year, with medical marijuana he was growing (MLive file photo)
GRAND RAPIDS, MI -- Even as he sentenced a Grand Rapids medical marijuana dispensary owner to probation, a Kent County judge called the state medical marijuana law "one of the worst statutes that was ever written and put into place."
David Overholt earlier pleaded no contest to delivery or manufacture of marijuana and on Thursday, Nov. 7, he was sentenced to two years of probation, a $1,000 fine and 150 hours of community service.
Kent County prosecutors charged Overholt after police in March raided his business, the Mid-Michigan Compassion Club on Leonard Street NW. Prosecutors and police were acting on a February ruling from the state Supreme Court that essentially banned all dispensaries statewide.
Circuit Court Judge Mark Trusock said he was not going to order any jail time for Overholt, per an earlier agreement with prosecutors contingent upon him closing the dispensary by Oct. 31. The dispensary was closed.
Trusock used the sentencing as an opportunity to offer his own opinion about the state's medical marijuana law, passed by voters in 2008.
Related: Healing or dealing? Grand Rapids medical marijuana dispensary owner heads to trial
"I think the medical marijuana statute has become a nightmare for some good honest people," he said. "It just has to be one of the worst statutes that was ever written and put into place."
"There are courts all over that don't know how to handle it because it was such a poorly written law," Trusock said.
Related: Despite plea, marijuana dispensary case is far from over, says attorney
Trusock said he believed that Overholt was "trying to do the best you could under the circumstances."
"I realize you were trying to comply here, but you were not, according to the law," he said. "We certainly need some clarification from the state Court of Appeals or the state Supreme Court.
Overholt in September was prepared to take the case to trial, but at the last minute decided to enter a plea because the judge ruled that he could not use his status as a licensed medical marijuana caregiver as a defense.
Trusock sentenced him Thursday based on a "conditional" plea, meaning that Overholt may be able to still fight the charge if the state Court of Appeals rules he should be allowed to use his Medical Marijuana Act registration as a defense.
Before his sentencing, Overholt indicated he still believes he was following the law.
"I agree the law has many gray areas, but it was created by the people, for the people," he said.
