Michigan: Medical Marijuana Activists Considering Legal Action Following Raids

Robert Celt

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Medical marijuana dispensary owners, caregivers and activists are looking to sue the Michigan State Police, Straits Area Narcotics Enforcement and others following raids of every Otsego County dispensary Thursday evening.

Ben Horner, a board member for the Cannabis Stakeholders Group – a nonprofit organization with a mission to give more Michigan residents safe access to medical marijuana – said Friday he and others are working to reach out to patients and caregivers who were injured or had a loss as a result of the Thursday raids.

Horner said Michael Rola, Otsego County prosecutor, signed off on these search warrants and by doing so, Horner said he violated the recently enacted Gaylord medical marijuana ordinance amendment – which officially added medical marijuana provisioning centers as an approved use in areas deemed C-1 and C-2 Commercial District by the city zoning ordinance – as well as the Michigan Medical Marihuana Act.

"According to the Michigan Medical Marihuana Act, all patients can get medicine from wherever they want," he said. "The city gives permission and law enforcement enforces a different set of laws."

Paul Slough, city attorney, disagreed with Horner's belief the raids violated the recently enacted city zoning ordinance amendment regarding medical marijuana dispensaries.

"I have no knowledge of the charges or the basis of the raids," he said. "But, they certainly were not related to the zoning ordinance, which strictly regulates land use."

Rola strongly disagreed with Horner's interpretation of medical marijuana law and his belief the Michigan Medical Marihuana Act was violated during the raids.

"He's wrong," Rola said. He explained if dispensary owners or caregivers are found using, selling, distributing, maintaining or storing a controlled substance, it is in violation of the law. Caregivers and dispensary owners found with more marijuana than what is allowed, selling to unregistered patients or selling to more patients than what is allowed are also violating the law.

All nine medical marijuana dispensaries in Gaylord, in addition to another in Vanderbilt, were served with search warrants Thursday. The Gaylord City Police, Otsego County Sheriff's Department, Straits Area Narcotics Enforcement, Michigan State Police and were among several other law enforcement branches conducting the searches.

Two arrests have been made so far, though more are expected.

More than 150 jars and numerous bags of marijuana were seized by law enforcement officials, a Straits Area Narcotics Enforcement press release indicates, in addition to countless edibles in the form of chocolates, cookies, fudge and others. Marijuana infused drinks, waxes, extracts and oils were confiscated as well.

Reports also indicated 143 marijuana plants were found and seized, as well as prescription opiates, prescription drugs, more than $17,000 in cash and two vehicles. Officers also found a lab for manufacturing THC oil and three marijuana grow operations.

The investigations regarding these dispensaries remain ongoing.

Horner said a peaceful protest is being organized and is expected to take place Sunday.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Michigan: Medical Marijuana Activists Considering Legal Action Following Raids
Author: MArk Johnson
Photo Credit: None found
Website: Gaylord Herald Times
 
While I agree that the compassionate care shop must follow the laws in the state, I don't agree with the way the police handled themselves. From the video I saw, they entered the shop like they were going to rob the place. Guns drawn, faces covered. These people weren't armed. They were patients and care givers. The police need to get over their militarized selves. And the officers that were bad mouthing the patients need some sensitivity training.
 
The fact that marijuana is safer than the most popular legal drug, alcohol, is more than enough reason to vote for rec. Dunno if MI Legalize or Abrogate is going to get on the ballot, but either will get my vote to really end the war on drugs. Enough of the BS.....
 
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