A Howard Township man convicted of violating medical-marijuana laws when authorities discovered 46 plants in his home last year will not go to jail.
Sylvester Vanderbutts, 51, whose marijuana case could set a precedence as the first of its kind in Cass County to go to a jury trial, was sentenced Friday by Cass County Circuit Court Judge Michael Dodge to 18 months' probation and 90 days on a Michigan Department of Corrections tether.
Dodge stayed on the bottom end of the sentencing guideline range, which called for zero to nine months in jail. The judge cited a limited criminal history and Vanderbutts' health problems as reasons for the lighter sentence.
Vanderbutts, a medical-marijuana card holder, remained calm throughout the sentencing. He defended his reasoning for having so much marijuana as providing relief for a variety of illnesses, including Stage 4 lymphoma cancer.
Authorities, though, said he had way more than is legal, even for a card holder.
At his trial a month ago, Vanderbutts collapsed and was taken away by ambulance after hearing the guilty verdict. He had been adamant earlier in the trial that the jury would bring back a not guilty verdict in just minutes.
Vanderbutts was convicted of possession with intent to deliver marijuana, manufacturing marijuana, possession of marijuana and maintaining a drug house, stemming from a police raid at his home on Sept. 14, 2009.
Before the sentencing Friday, Cass County Prosecutor Victor Fitz called for a sentence that would "send a message" to the public that violations of the medical-marijuana card laws will not be tolerated, adding jail time in Vanderbutts' case was clearly merited.
"He pushed the envelope too far when it comes to medical marijuana," Fitz said in court. "He didn't just push the envelope, he drove a truck through it."
After the hearing, Fitz said the prosecution had hoped for some jail time.
"We can live with the sentencing," Fitz said. "The guidelines would not have allowed for prison. We did request jail time, but by the court instituting tether, it's a very restrictive program. That's something we'll live with."
Vanderbutts, who said he will appeal, told the court Friday that he has an ulcer in his stomach and he uses the marijuana to alleviate the pain. He said when he is taking marijuana, he can lead an active life, which includes going to the YMCA five days week and being active at his church.
However, Dodge pointed out that Vanderbutts clearly had more than 2.5 ounces or 12 plants – the maximum for card holders – at his home and that none of it was locked away. He added Vanderbutts was not qualified yet to be a quality caregiver to help others with medical-marijuana cards.
"In my opinion, the police investigation was more than justified," he said.
Vanderbutts has argued that another part of the Michigan Medical Marijuana Act permits individual growers to have as many plants as reasonably needed "to ensure ... uninterrupted availability" to treat their illnesses.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: South Bend Tribune
Author: TOM MOOR
Copyright: 2010 South Bend Tribune
Sylvester Vanderbutts, 51, whose marijuana case could set a precedence as the first of its kind in Cass County to go to a jury trial, was sentenced Friday by Cass County Circuit Court Judge Michael Dodge to 18 months' probation and 90 days on a Michigan Department of Corrections tether.
Dodge stayed on the bottom end of the sentencing guideline range, which called for zero to nine months in jail. The judge cited a limited criminal history and Vanderbutts' health problems as reasons for the lighter sentence.
Vanderbutts, a medical-marijuana card holder, remained calm throughout the sentencing. He defended his reasoning for having so much marijuana as providing relief for a variety of illnesses, including Stage 4 lymphoma cancer.
Authorities, though, said he had way more than is legal, even for a card holder.
At his trial a month ago, Vanderbutts collapsed and was taken away by ambulance after hearing the guilty verdict. He had been adamant earlier in the trial that the jury would bring back a not guilty verdict in just minutes.
Vanderbutts was convicted of possession with intent to deliver marijuana, manufacturing marijuana, possession of marijuana and maintaining a drug house, stemming from a police raid at his home on Sept. 14, 2009.
Before the sentencing Friday, Cass County Prosecutor Victor Fitz called for a sentence that would "send a message" to the public that violations of the medical-marijuana card laws will not be tolerated, adding jail time in Vanderbutts' case was clearly merited.
"He pushed the envelope too far when it comes to medical marijuana," Fitz said in court. "He didn't just push the envelope, he drove a truck through it."
After the hearing, Fitz said the prosecution had hoped for some jail time.
"We can live with the sentencing," Fitz said. "The guidelines would not have allowed for prison. We did request jail time, but by the court instituting tether, it's a very restrictive program. That's something we'll live with."
Vanderbutts, who said he will appeal, told the court Friday that he has an ulcer in his stomach and he uses the marijuana to alleviate the pain. He said when he is taking marijuana, he can lead an active life, which includes going to the YMCA five days week and being active at his church.
However, Dodge pointed out that Vanderbutts clearly had more than 2.5 ounces or 12 plants – the maximum for card holders – at his home and that none of it was locked away. He added Vanderbutts was not qualified yet to be a quality caregiver to help others with medical-marijuana cards.
"In my opinion, the police investigation was more than justified," he said.
Vanderbutts has argued that another part of the Michigan Medical Marijuana Act permits individual growers to have as many plants as reasonably needed "to ensure ... uninterrupted availability" to treat their illnesses.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: South Bend Tribune
Author: TOM MOOR
Copyright: 2010 South Bend Tribune
