Robert Celt
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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.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MI: No Authority To Padlock Medical Marijuana Dispensary, Lawyer Claims
Author: Gary Ridley
Contact: MLive
Photo Credit: Brennan Linsley
Website: MLive
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.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MI: No Authority To Padlock Medical Marijuana Dispensary, Lawyer Claims
Author: Gary Ridley
Contact: MLive
Photo Credit: Brennan Linsley
Website: MLive
