The War on Medical Marijuana in MI Super Thread, NEWS,BUST,LAWS <<<<Updated Often>>>>

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State Police serve several warrants on illegal marijuana dispensaries

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Theses are the same Kent County PIGS ,that Have raided Clubs,Homes,People and Caregivers and there own boys are shipping Lbs in the Mail......:finger:

Four Kent Co. Corrections Officers Face Drug Charges
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KENT COUNTY, Mich. (March 21, 2014) — Four corrections officers with the Kent County Sheriff’s Department are facing drug charges following a suspicious package discovery by the United States Postal Service in Grand Rapids.

The Kent Area Narcotics Enforcement Team (KANET) was called by the USPS March 17 to inspect a suspicious package, according to a release.

Their investigation led them to the corrections officers who, according to a press release, were making or in possession of a large quantity of marijuana butter.

The corrections officers have been identified as Sgt. Tim Bernhardt, Corrections Officer Mike Frederick, Corrections Officer Todd VanDoorne and Corrections Officer Brian Tennant.

All four were arraigned Friday on drug-related charges.

Bernhardt was charged with delivery or manufacturing marijuana and conspiracy to deliver or manufacture a controlled substance. Frederick was charged with delivering or manufacturing marijuana and possession of a controlled substance. VanDoorne faces charges of possession of a controlled substance and maintaining a drug house. Tennant faces charges of delivering and manufacturing marijuana nd possession of a controlled substance.

They have all been with the department for 20 years or more.



Read more: http://fox17online.com/2014/03/21/four-kent-co-corrections-officers-face-drug-charges/#ixzz2wdVKuxuW
 
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4 corrections officers arrested on drug charges

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Kent County Sheriff: 4 corrections officers accused in marijuana butter operation 'should have known better'
Mike FrederickCourtesy Photo
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KENT COUNTY, MI – Four longtime Kent County corrections officers are accused of receiving marijuana and making marijuana butter over a span of two years, but investigators say they don't believe the substance entered the jail.

Mike Frederick, Tim Bernhardt, Todd VanDoorne and Brian Tennant were arraigned on drug charges Friday, March 21, after post office employees alerted Kent Area Narcotics Enforcement Team officers to a suspicious package on March 17. An investigation tied the package containing a "large quantity" of marijuana butter to the men, authorities said. The employees are on unpaid leave.

Kent County Sheriff Larry Stelma said there's no indication at this time that inmates or other employees were involved in the alleged drug activity, which investigators believe occurred over a span of two years.
Tim BernhardtCourtesy Photo
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"We never had any suspicions of trafficking by these four officers or any of these people involved," Stelma said, adding that the allegations were "very surprising."

The package containing marijuana butter was delivered to a location. Stelma declined to state where the package was delivered to, citing an ongoing investigation.

Marijuana butter is made by simmering ground cannabis and butter over a stovetop, according to Food Republic. The plant matter is strained and the butter can be used during cooking and as a spread.

Todd VanDoorneCourtesy
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Warrants were issued for the arrest of two other people involved in the alleged drug activity. They have not yet been detained.

The employees are accused of receiving marijuana, using it, making the butter and sharing it, Stelma said.

Brian TennantCourtesy Photo
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Tennant is a 20-year veteran of the department. Bernhardt and VanDoorne have each been employed for 22 years, and Frederick for 24.

Bernhardt is a sergeant and the others are officers.

Stelma said the employees "should have known better."

"I think that’s what so distressing about this is that they are long-term employees. They're people that have been involved in the criminal justice field for a long time," he said. "They know that this type of behavior is not condoned by either this agency or any other law enforcement agency."

Bernhardt is charged with delivery/manufacture marijuana and conspiracy to deliver/manufacture a controlled substance. Frederick is charged with delivery/manufacture of marijuana and possession of a controlled substance. VanDoorne is charged with possession of a controlled substance and maintaining a drug house. Tennant is charged with delivery/manufacture of marijuana and possession of a controlled substance.

Their bond was set at $2,000.

In a separate bust in February, corrections officer Michael Carlson pleaded guilty to a misdemeanor count of use of a non-narcotic controlled substance after investigators received a tip of regarding illegal steroids. A cadet, Travis Otten, 24, was terminated when the allegations came to light. Authorities in February said an internal investigation was underway while Carlson remained on paid leave.

Stelma said the recent positive publicity surrounding the Kent County Jail - such asMSNBC's Lockup featuring the facility and the jail hosting the American Jail Association conference in 2012 - shows that the most recent allegation is a "very unusual circumstance" for the county.

"This really is a blip on the radar," he said. "When something goes amok, we deal with it. We don’t cover it up."

Stelma said such activity is not condoned.

"We're not making excuses for them. We're not going to justify it. We're going to deal with it and move on," he said.

http://www.mlive.com/news/grand-rap..._sheriff_4_correcti.html#incart_river_default
 
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“Yes Weed Can” Is A Michigan Must-See
HAMTRAMCK- Laughter. Dance numbers. A history lesson. People smoking marijuana. Planet Ant Theater in Hamtramck has all of those, featured in their newest production called, “Yes Weed Can.”
Yes weed can

You have to love the irreverence and accurate lampooning this comedic company creates as they expose the truth about how marijuana became illegal in the United States. The story is told through the experience of several modern characters that Michigan marijuana community members will recognize: a long-term marijuana user who is trying to quit, nicknamed Tammy Chong; a national legislator who has introduced a pro-marijuana bill; a fledgling news reporter who sees the story as a means to further her career; and The Botanist, an underground marijuana grower who just wants to take a vacation.

The story’s most informative portions- and many of the funniest moments in the production- come via flashbacks to Colonial times, to the early 1930-s and the Nixon era. Historical figures including Anslinger and George Washington are portrayed as they illustrate hemp’s significance to an emergent America, the renaming of the plant to ‘marijuana,’ the influence of industrialists in federal drug policy and the efforts of many to maintain pot’s illegality despite evidence of medical benefit.

The marijuana is fake (of course), the fog is real (and non-allergenic), the actors are talented and the history is all true. Except for the part about Thomas Jefferson writing the Declaration of Independence on Washington’s back while standing in a cloud of hemp smoke. I think. My short-term memory seems to have failed me for some strange reason.

Planet Ant’s actors perform in a theater that puts the players just a few feet from your face and that’s a good thing. There are hilarious songs, interesting dance numbers and snappy dialog that’s best heard without artificial amplification or crazy camera angles. Writers Jamie Moyer and Shawn Handlon hit the nail on the head with this script, and Handlon’s direction seems to bring the most out of the cast and crew.

Speaking of cast, this troupe is amazing! Every actor and actress play several parts in the production, each calling for wardrobe and vocal changes, and the players do all the set changes as well. The production is long- a two-hour play with a 15 minute intermission (smoke break)- but you’ll never see these folks sweat it out. Dax Anderson, Mikey Brown, Patrick Cronin, Patrick Loos, Kelly Rossi and Katie Terpstra keep the action flowing and never miss a note.


The production run for this play is limited so get out and see this show right away.



Where: Planet Ant Theater, 2357 Caniff, Hamtramck

When: Shows Friday and Saturday evenings, 8PM Sunday matinees at 2PM

How long: Only two weekends left! Show runs through March 29 with only one Sunday show left- March 23

How Much: $20 per ticket

Information: 313 365-4948

http://www.theweedblog.com/yes-weed-can-is-a-michigan-must-see/
 
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Brothers plead guilty in connection with running medical marijuana dispensary, get probation


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BAY CITY, MI
— Two brothers who illegally operated a medical marijuana dispensary in Bay City have accepted plea offers, though they’ll likely avoid jail time.

Corey R. Randall, 32, and Johnnie V. Randall, 34, on Wednesday, March 19, appeared before Bay County Circuit Judge Joseph K. Sheeran and both pleaded guilty to attempted possession of marijuana with intent to deliver. Corey Randall pleaded guilty to three counts, and Johnnie Randall to two counts. The charge is a high-court misdemeanor punishable by up to two years of incarceration.

Johnnie V. Randall
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In exchange for their pleas, the prosecution agreed to dismiss six counts of delivery or manufacture of marijuana and two counts of maintaining a drug house against each man.

Both men waived their right to have a presentence report and Sheeran proceeded to sentence both men to six months of probation. No restitution was sought or ordered. As part of their probation, the brothers are not to possess or consume alcohol or other drugs, though they may use medical marijuana, according to court records.

Corey R. Randall
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The brothers previously owned the Beacon of Light Compassion Center located at 100 N. Catherine St. on Bay City’s West Side. The Bay Area Narcotics Enforcement Team, or BAYANET, raided the center in August and September 2011.

Tonya Laubscher, a Midland police officer working with BAYANET, previously testified she posed as a medical marijuana patient with an alias driver's license and fake doctor's certification when she entered Beacon of Light on Sept. 26, 2011, and purchased a gram of marijuana for less than $20. The Randalls’ employee, Joshua P. Perry, handed Laubscher the substance, she said.

BAYANET raided the shop about a month before Laubscher’s undercover purchase and again the day after she reportedly obtained the marijuana.

Their raids came on the heels of a state Court of Appeals ruling that deemed “patient-to-patient sales” of medical marijuana is prohibited.

However, licensed growers remain able to cultivate up to 12 plants for their own use, and up to 60 plants for five registered patients. The law does not prevent patients from compensating caregivers for time and resources spent cultivating their crop. It does not define the amount of compensation.

The Michigan Supreme Court in early 2013 upheld the appellate court’s ruling.

In light of this, Sheeran previously ruled the Randalls’ operation was illegal and not protected by the Michigan Medical Marihuana Act. The Randalls appealed the ruling to the state Court of Appeals, which opted not to hear their motions.

Perry is charged with two counts of delivery or manufacture of marijuana. His case has been remanded to Bay County District Court for further proceedings.

http://www.mlive.com/news/bay-city/index.ssf/2014/03/brothers_plead_guilty_to_charg.html
 
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Three of four busted Kent County corrections officers are medical marijuana patients

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Mike FrederickCourtesy Photo
KENT COUNTY, MI — A Belmont couple accused of supplying four Kent County sheriff’s corrections officers with marijuana butter are registered medical marijuana caregivers, court records showed.

But police say in court records that the drugs were shared by those involved, and not always provided directly from caregiver to patient.

Related: Lawyer: Kent County corrections officers accused of making marijuana butter have medical cards

Related: Kent County Sheriff: 4 corrections officers accused in marijuana butter operation 'should have known better'

Three of the four deputies are registered medical marijuana patients. The fourth isn’t, but his wife is, records showed.

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Tim BernhardtCourtesy Photo
Timothy Scherzer, 47, and Alyssa Scherzer, 42, are facing multiple charges in the investigation for allegedly supplying marijuana butter. The butter is made by heating ground marijuana buds and butter, straining the plant material, and using the butter in cooking or as a spread.

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Todd VanDoorneCourtesy
An attorney said that a “bizarre” technicality in the medical marijuana law says patients using edibles such as marijuana butter are not protected from prosecution.

Kent Area Narcotics Enforcement Team, or KANET, raided the Scherzers’ home on Van Dam Drive NE on March 17. The search warrant was executed after U.S. Postal Services workers alerted police about a package of marijuana being delivered to an undisclosed residence.

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Brian TennantCourtesy Photo
Timothy Scherzer told police that he is a caregiver and patient, with patients including deputies Michael Frederick, 43, of Jenison, and Todd VanDoorne, 48, of Ada Township, and Christine Tennant, the wife of Deputy Brian Tennant, 45, of Wyoming, police said in a search-warrant affidavit.

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Timothy ScherzerCourtesy photo
Alyssa Scherzer is the caregiver of the other deputy, Timothy Bernhardt, 48, of Rockford, the affidavit said.

Timothy Scherzer told police that he packages the marijuana butter into 2-pound containers. He had been delivering the product to Timothy Bernhardt, who wasn’t his patient but his wife’s, for 2½ years, reports said.

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Alyssa ScherzerCourtesy photo
Scherzer told police he delivered 14 pounds of marijuana butter to Timothy Bernhardt three weeks earlier, reports said.

The next day, investigators met with Timothy Bernhardt at his home. He told police he received three or four containers of marijuana butter from Timothy Scherzer every month. He would then provide the product to deputies Frederick and Tennant. Tennant does not have a medical marijuana card, records said.

Bernhardt told police he provided five or six containers to Brian Tennant during the previous week, records showed.

Brian Tennant said he picked up containers of marijuana butter two or three times from Bernhardt. In the previous week, however, he received five containers. He kept two and took three to Frederick’s home.

Frederick said he had provided the butter to Brian Tennant and Todd VanDoorne in the past. He said that Timothy Scherzer is his caregiver but he receives the marijuana butter from Bernhardt.

Detective John Tuinhoff, who filed the affidavit, said police found marijuana butter at the homes of Tennant, Frederick and VanDoorne after obtaining consent to search their homes. The affidavit does not say if police found anything at Bernhardt’s home.

At the Scherzers’ home, police found 31 suspected marijuana plants, about 1,132 grams of suspected marijuana and 170 grams of the butter.

Attorney Bruce Block, representing VanDoorne, said, "This was medical use beginning and end.”

The deputies are on unpaid leave. They have all worked at least 20 years with the Sheriff’s Department.

They were arraigned Friday in 63rd District Court and released on bond.

"Mr. VanDoorne is certainly going to present a medical use defense because that’s what this was," Block said last week.

Sheriff Larry Stelma said there is no indication that the drugs were provided to inmates or other officers.

John Agar covers crime for MLive/Grand Rapids Press E-mail John Agar:

http://www.mlive.com/news/grand-rapids/index.ssf/2014/03/three_of_four_busted_kent_coun.html
 
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No additional arrests expected in jail marijuana probe
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GRAND RAPIDS (WZZM) -- More than a dozen Kent County corrections officers were interviewed about using marijuana butter made by a Belmont couple, but no additional arrests are expected beyond the four officers already charged.

Based on the interviews, four corrections officers were asked to submit to drug tests, Sheriff Larry Stelma said. Results of those tests showed no presence of controlled substances.

"The four who consented to testing have returned to active duty,'' Stelma said. "With a negative drug test. it kind of ends the speculation that this was so widespread.''

RELATED: 4 Kent Co. deputies charged in marijuana butter operation

Today's announcement comes on the heels of criminal charges filed Friday against four corrections officers related to the use of marijuana butter. Three of the corrections officers have medical marijuana cards.

Kent County does not ban employees from using medical marijuana, but they cannot be under the influence of the drug when they report to work.

Meanwhile, Tim and Alyssa Scherzer, the Belmont couple accused of growing marijuana and making marijuana butter, will be arraigned in 63rd District Court Wednesday on several felony charges, including delivery of THC – the active ingredient in marijuana, and maintaining a drug house.

During a raid of at their Plainfield Township home last week, officers seized 31 suspected marijuana plants, 1,132 grams of suspected marijuana and 170 grams of suspected marijuana butter, court records show.

Alyssa Scherzer, 42, is licensed as a Michigan marijuana caregiver and Tim Scherzer, 47, tends to the medical marijuana plants and delivers marijuana butter to clients, court records show.

The four officers charged in the case have been suspended without pay.

"When people try to exploit or manipulate the law, they run into trouble,'' Stelma said. "And those people, whether I like the law or not, if they are complying with the law, I have no problem with it.''

Attorney Bruce A. Block, who represents one of the deputies charged, says the investigation sends a message to jail employees that medical marijuana is frowned upon by county administrators.

"The administration is basically saying we don't want the jail staff using marijuana – even for medical reasons,'' Block said. "You have a government that is white-knuckled and clinging to failed marijuana policies.''

Under Michigan's 2008 medical marijuana law, caregivers are allowed to grow up to 12 marijuana plants per patient, with the cap at five patients. It also places restrictions on using marijuana as an ingredient in other products, be it butter or brownies.

The way the law currently stands, having 11 pounds of marijuana butter (the equivalent of 5 kilos) is a felony punishable by up to seven years in prison, even if it only contains 11 ounces of marijuana.

But that could change. Legislation pending in Lansing would allow patients and caregivers to make marijuana-infused products in specific quantities. Under the bill, one ounce of usable marijuana would be permitted in 16 ounces of food.

The measure was overwhelmingly approved by the state House in December and is now before a state Senate committee.

Michigan voters approved the medical marijuana law in 2008 by a 63 percent to 37 percent margin. Since then, more than 100,000 people have been certified to use medical marijuana. There were more than 27,000 licensed caregivers as of last year.

A second bill pending in Lansing would permit medical marijuana to be offered through licensed dispensaries. Under current law, medical marijuana users or caregivers have to grow their own plants. The bill allows individual communities to decide whether they want medical marijuana dispensaries.

The Michigan Court of Appeals has ruled dispensaries are not allowed under Michigan's Medical Marijuana Law.
 
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Detroit marijuana expo boasts 100 vendors and a magic bus ride to try out wares
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The marijuana expo features more than 100 vendors of supplies, including costly gear for raising the plants. / AP

At the fourth annual medical marijuana expo — being held through Sunday at Detroit’s Roostertail catering facility — a $15 admission fee lets patrons visit the booths of more than 100 vendors of medical-marijuana supplies, including costly gear for raising the plants as well as apparel and curios that celebrate the pot-loving lifestyle.

And according to an online promotion for the THC Expo, attendees who possess a state medical-marijuana card “will also be able to ride the magic vapor bus to a designated medicating site.”

But, as in previous years, that site’s location is kept secret to avoid difficulties with curious law-enforcement officers as well as news reporters, organizers said.

Expo impresario Tom French of Roseville said he hoped to attract 10,000 patrons this weekend, doubling the 5,000 attendance figure from last year’s THC Expo. The letters stand for the compound in marijuana thought to impart the drug’s effects and some of its medicinal qualities.

“I’m hoping a lot of people come out ... because we’ve got new laws to think about,” French said.

One that went into effect April 1, 2013, requires anyone seeking a doctor’s approval for medical marijuana do so in a “bona fide doctor-patient relationship.” French’s expo offers on-site doctor approvals for those sending applications to Lansing, offered by the same physician who provides exams year-round at French’s business, American Medical Marijuana Professionals. French charges $150 for the doctor’s exam and assistance with state paperwork, he said.

That complies with the state law because French retains records for every patient and encourages follow-up exams, he said — in contrast with so-called pot doctors who set up temporary sites in motels and provide approvals after cursory exams.

A bill pending in Lansing would allow Michiganders to possess so-called medibles — the nickname for edible forms of medical marijuana, such as brownies infused with the drug. Passage of the bill is crucial to many medical-marijuana users, who often don’t wish to smoke the drug but instead consume it orally, said state Rep. Eileen Kowall, R-White Lake Township, the originating sponsor of the bill.

But Michigan state police have objected that they can’t tell whether a person is over the state-allowed limit of 2.5 ounces of usable medical marijuana if they’ve mixed the cannabis in a large quantity of foodstuffs, Kowall said Thursday.

She said she is working to resolve the issue.
 
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20 Plants Seized in Lowell Marijuana Investigation\
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LOWELL, Mich. (March 31, 2014) — Lowell Police seized 20 marijuana plants, an irrigation system and a lighting system Monday while executing a search warrant in a home in the 700 block of E. Main Street.

According to police, a 31-year-old man in the residence is a medical marijuana cardholder but was exceeding the number of plants he was allowed to grow.

No one was arrested, but all information on the investigation was forwarded to the Kent County Prosecutor’s Office.



Read more: http://fox17online.com/2014/03/31/20-plants-seized-in-lowell-marijuana-investigation/#ixzz2xa9SslTu
 
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Retired Flint couple sees the light on medical marijuana
14631040 mmmain


Jan Nelson sits with her husband Ted at their kitchen table on Friday, April 4, 2014 at their home in Flint. Ted has been utilizing medical marijuana to treat symptoms from having an enlarged prostate as well as Type 2 Diabetes. Katie McLean | MLive.com

FLINT, MI -- In an unlikely place, Flint couple Jan Nelson and her husband, Ted, found a way to make their marriage better and enjoy their retirement more.

Medical marijuana.

Ted Nelson, 72, suffers from multiple ailments including Type 2 Diabetes, essential tremors, arthritis and an enlarged prostate.

A few years ago, he said, some of the medications for his prostate were making life miserable. On top of complications from ailments, he wasn't sleeping through the night.

"I was getting up six, seven times a night," he said.

Someone recommended a hit of marijuana. He hadn't used pot since his 20s, he said, but figured it was worth a try.

"I slept like a baby the whole night," he said.

By the time he was in his 30s and 40s, Nelson said, marijuana had sort of gone out of style. The war on drugs came about and made the plant more stigmatized and less available. It simply wasn't something adults with careers and children participated in.

Now that he's semi-retired, he said, and much of that stigma has faded, he's finding more and more people accepting of medical pot.

He's not alone. More than 82,000 new medical marijuana applications and 36,000 renewals were approved last year, according to the Michigan Department of Licensing and Regulatory Affairs.

Jan Nelson is a retired writing professor from the University of Michigan-Flint who's still teaching one class. Now, they split their time between Flint and Southern California, where Ted Nelson runs a family business that sells award statues throughout the world. His children are mostly running the business now, he said, but he's still helping out.

He promptly got registered as a medical marijuana patient in California, but hasn't been able to register in Michigan since he has a California drivers license. He would like to be able to use marijuana in both states, he said, but when he's tried to get registered here he was told a Michigan drivers license was required.

That part is frustrating, the couple said.

"I see the benefits on my husband," Jan Nelson said. "He gets a good night's sleep. His pain is reduced."

In California, he chews daily chocolate-flavored tablets of cannibidiol, a major property of cannabis with none of the psychoactive effects of THC. At night, he takes a few puffs of an indica strain of marijuana before bed.

The shakes from his tremors are reduced dramatically, he said, and the overall pain from other ailments and stress is reduced or eliminated.
 
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APR 14, 2014
SWAT’s Up: Michigan Cops Arrest and Charge Ganja Grandmother
Maggie Volpo / Law, Medical, News & Editorial, The War Isn't Over / affirmative defense, Allison family, cannabis, caregiver, carol allison, cass county, COPD, jaime allison, ladybud, ladybudmag,marijuana, medical cannabis, medical marijuana, michigan, michigan medical marihuana act,michigan medical marijuana, patients, patients rights, police, police brutality, public defender, swat,the war isn't over, war on drugs / 0 Comments

Some days in Michigan, it’s hard to remember that we’re making progress. Even as public opinion has turned against the War on Drugs, law enforcement continues to crack down on cannabis users and growers, including licensed growers and caregivers. Given the economic condition of our state, it is beyond frustrating to see copious police resources being used to enforce cannabis prohibition while violent crime in most Michigan cities is well above what is normal for similarly-sized cities in other states.

Here’s an example of what is clearly an excellent use of police force: a SWAT-style paramilitary force of local police officers in Cass County smashed into a residence back in January. They were armed with rifles and were wearing masks. They forced a grandmother with COPD (Chronic obstructive pulmonary disease, also known as severely compromised lung/respiratory function) to lay on the floor, separated from her oxygen machine. In fact, the armed officers would eventually force the very sick Carol Allison to crawl across the floor to access the oxygen she required. The brute squad also held a gun to the head of Carol’s custodial grandson, the one hundred and thirty pound 16-year-old son of the man they were there to arrest.

That man, Jaime Allison, may have a bit of a mild criminal past, but he has never posed a threat to his community. Despite the lack of a history of violence, local police treated him like a gang member with a cache of weapons. Most of his past charges have been cannabis-related, and none of them should preclude Jaime from asserting a medical marijuana affirmative defense in court. The truth is, he should never have been charged with a crime to begin with after the raid. When law enforcement saw that they had far less weight of dried plant matter than than what is legally allowed and fewer plants as well, all secured as required within separate locked grow rooms (as was confirmed by the police report), they should have offered a very sincere mea culpa and respected the immunity clause in the Michigan Medical Marihuana Act.

Theoretically, the law is meant protect those in compliance with from even being arrested. Jaime and Carol were both arrested and have been charged with two charges of delivery/manufacture of marijuana, maintaining a drug house, and possession of marijuana. All of these cannabis charges should in theory be protected against by both Carol’s and Jaime’s status as medical marijuana patients and caregivers, legally registered with the state. The police report indicates that the officers at the house were aware of their status as patients and caregivers and were provided with documentation at the time of the raid, but chose to hand the case over to the county prosecutor anyway. The police also seized their growing equipment

Jaime was also charged with stalking, and police reports indicate that the raid on the Allison residence was the result of a complaint by a former lover. While it is important for law enforcement to act on all reports of dangerous behavior such as possible stalking, this issue should have been addressed separately from the cannabis cultivation, which in theory was legal. The claims of stalking were essentially thrown out once Jaime was able to establish that the two did have a consensual relationship. The court terminated the PPO against Jaime because of the evidence presented, but Jaime is still facing some very serious cannabis charges.

Because they couldn’t afford an attorney, Jaime and Carol were forced to accept representation by a public defender. Like other trials involving public defenders in Michigan, it already seems like their representation is not correctly pursuing a medical cannabis defense, but the Allisons are left with few options. Representing yourself in court, especially in a criminal trial, is incredibly dangerous, no matter how glamorous movies or television shows make it look. There is a saying about self-representation: “The man who acts as his own attorney has a fool for a client.” Unfortunately, the saying could just as reasonably go “the man who allows someone who graduated at the bottom of his class to act as his attorney has a fool for an attorney.”

This is highlighted by the fact that when Carol told their court-appointed attorney about her medical use of cannabis (remember, she has COPD, a serious, debilitating, and often painful medical condition), he essentially laughed at her. Not only has he admitted that he is not familiar with the proper process for claiming and supporting a medical marijuana defense, he doesn’t believe in medical marijuana. Apparently the lawyer compared the medical use of cannabis to calling a doughnut a medical device. In a meeting with at least three people besides the accused, he said something along the lines of “Just because you can rub it on your genitals and cause an erection doesn’t mean the doughnut really is medical.” It’s hard to believe the Allisons are getting adequate representation when the lawyer involved doesn’t even respect Michigan law.

Because of her counsel and the threat of several serious felony drug charges, Carol has been backed into a corner and plans to accept a plea bargain despite her legal rights to grow the plants found on her property. She is being treated somewhat leniently, having been offered a plea that includes only 6 months probation and no time in prison. Out of fear of losing her house and possibly custody of her grandson, she will most likely accept the deal. Jaime is still waiting for his next day in court and has not received any reasonable plea offers.

You can help Jaime and his mother Carol by donating at Jaime’s GoFundMe page, where he is collecting funds to cover an attorney’s retainer fee. As it stands, he is waiting for his next court date under the counsel of a public defender who did not assert his medical cannabis defense via any motions or even verbally at the preliminary examination wherein Jaime was charged.
 
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Another great idea from michigan!

Roadside saliva testing for marijuana use gets House hearing in Michigan
16 Apr, 2014





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by Rick Thompson/April 16, 2014

LANSING- The Michigan House of Representatives will consider making the state’s citizens subject roadside saliva testing for the presence of marijuana and other drugs in a Judiciary Committee meeting on April 17, 2014.

Michigan already has laws and procedures to protect citizens from hazardous drivers, including liberal rules defining reckless operation of a motor vehicle and a visual analysis of drivers to determine if they are under the influence of drugs or alcohol. If impairment is suspected officers already have the ability to order a blood test, to seize a motorist’s vehicle, and to arrest the individual involved. Saliva tests have been rejected for use by the federal government and the industry reports no FDA approval for the methodology.

Michigan has a per se drug law. Anyone operating a motor vehicle with any presence of cannabis in the bloodstream is committing a crime, even if the driver is not driving recklessly or has no detectable signs of impairment. A Michigan court case ruled that the presence of a specific marijuana metabolite in the bloodstream did not constitute impairment, which stands in opposition to the per se law.

SALIVA TESTING- IS IT REAL SCIENCE?

Generally speaking, saliva testing for marijuana is viewed by the experts as an unproven technology that does not demonstrate behavior that is dangerous to the public. Sources report that “even the US Department of Justice concedes that a positive drug test result for the presence of a drug metabolite “does not indicate … recency, frequency, or amount of use; or impairment.”" One industry website states, “Some people may question the saliva drug test accuracy because there is no formal method or certification required while testing saliva. False positives may occur due to improper testing processes.”

Manufacturers of saliva tests do not agree on the reliability of the testing methodology. “Why is it important to evaluate the performance of a saliva test?” asks drug testing manufacturer Narco Check. “Because the only molecule present in the mouth after smoking a joint is the Δ9-THC, not THC-COOH. But many saliva tests on the market are still designed on the basis of modified urine tests, that track mainly THC-COOH and not the Δ9-THC. These tests are completely ineffective.” MediTests reports that, “The designation of “for forensic use only” means that the substance abuse test is not FDA 510k Cleared.”

In the scholarly journal Clinical Biochemist Reviews, questions were raised about the varying degrees of accuracy in saliva testing. “Oral fluid cannot be seen as a substitute for blood or urine drug testing… For example, the Salivette® has poor recovery for THC but is reasonable for codeine, whereas the Cozart® collector has good recovery for THC, and methamphetamine (unpublished data). The Quantisal® collection device has a good recovery for THC, although another study found lower recoveries for THC.”

How long will the saliva tests detect marijuana use? Depends on who you ask. Narco Check says, “whatever the test used, THC (the active ingredient in cannabis) can never be detected more than 4 to 6 hours in saliva.” Competitor Test Country says the tests are good for up to 12 hours. “Delta 9 THC has been measured in oral fluid up to 72 hours after smoking,” says another competitor, Forensic Fluids. Medical Health Test, an industry website, reports that, “Drugs like marijuana and cocaine can be detected up to 24 hours after consumption.”

At what threshold will the test detect marijuana presence? Again, the result depends upon whom you ask. Narco Check will not detect THC at a level below 25 nanograms per liter. Test Country advertises the cutoff for detectable amounts of THC is 50 ng/ml. Other testing companies reported a wide variety of detection ranges.

In an article from 2012 titled, “Why FDA Toughened Its Stand Against Saliva-Based Drug Test Kits,” author Greg Shpungin states that, “The use of oral fluid drug tests in the workplace is considered a violation in many states and federal laws.”

WHO SUPPORTS THIS TESTING IN MICHIGAN GOVERNMENT?

The House Judiciary Committee will take up the issue of oral marijuana testing in their regular session, which begins at 9 am in the Anderson House Building in Lansing. The proposal is contained in House Bill 5385, which is sponsored by Rep. Dan Lauwers, R-Port Huron, and co-sponsored by 15 other House members, including professed medical marijuana advocate Rep. Michael Callton, R-Nashville.

Lauwers served asa legislative assistantto current Attorney General Bill Schuette during Schuette’s time in Washington, D.C. as a Congressman. Schuette led the fight to prevent medical marijuana from becoming law in Michigan in 2008; he failed, as the people elected to authorize medicinal cannabis by a 63% YES vote. Since he attained the position of A.G., Schuette has initiated or instigated multiple efforts to restrict the activities of those Michiganders who have registered for the program.

Callton has sponsored HB 4271, called The Provisioning Centers Act, a bill which would allow local communities to allow or restrict distribution centers for medical marijuana. The move to embrace testing that supports a zero-tolerance law which would undoubtedly snare some of the state’s 115,000 licensed and registered medical marijuana patients has members of the cannabis community questioning Callton’s commitment to patient’s rights.

Supporting the legislation are four Democrats- David Rutledge, Paul Clemente, Bill Lavoy and Andy Schor. Notable Republican sponsors of the Bill include Committee Chairman Kevin Cotter and Kevin Daley, sponsor of pro-industrial hemp legislation pending before the Michigan legislature.
 
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Feds charge 37 in sweeping West Michigan marijuana probe

GRAND RAPIDS — A federal indictment alleges that more than three dozen West Michigan residents used the state's medical marijuana law as a ruse to grow thousands of marijuana plants, netting at least $1 million in illegal profits.

Calling themselves the Medical Marijuana Team, the 37 participants grew pot in Kent, Muskegon, Ottawa and Oceana counties under the protection of Michigan's medical marijuana law, the government alleges.

"The conspirators were not attempting to alleviate the suffering of patients. It was sold for profit to other individuals,'' the indictment says. "No records were kept of the amount of marijuana produced, sold or profit made from the illegal sale of the marijuana.''

Those involved – including five married couples – bought and sold marijuana, hashish, marijuana wax and other marijuana-related products. Many even wore clothing bearing the group's distinctive logo, while others had tattoos of the logo on their bodies, the government says.

They sold supplies at two 'grow stores,' - Plant Paradise and In Do Grow, and had a network of members consisting of medical marijuana patients, caregivers or both.

At the helm of the Medical Marijuana Team is Shawn and Molly Taylor of New Era, who had grow operations in Montague and New Era. They provided the wherewithal and cash for members running growing operations, the government alleges.

Several other homes, mostly in Muskegon County, were used to grow marijuana. The government is also going after at least $1 million in proceeds it says the group earned. It has already seized more than $78,000 during raids in October.

Forfeiture proceedings are underway against 11 homes and lots owned by those charged in the indictment. The indictment, filed April 15, mirrors one the government filed in October against 27 people. Charges were dropped so investigators could cast a wider net.

This week's indictment includes another 10 people.



John Hogan is a reporter for WZZM-TV


 

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