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Brian Vaughan was smoking a cigarette on a curb in front of Everybody's Cafe in Waterford on Sunday, Aug. 25, 2010 when he saw a police officer round the corner.
"He put a gun in my crotch and said, 'Don't move,'" recalled Vaughan, then 55.
"I said, 'Yes, sir.'"
Three years ago today, a drug task force conducted a raid at the cafe because officials said medical marijuana transactions were taking place inside. A task force raided Herbal Remedies, a medical marijuana dispensary on Williams Lake Road in Waterford. In Ferndale, several people from a medical marijuana dispensary called Clinical Relief were arrested that same day.
Nearly 20 people were jailed, charged for delivery of marijuana.
Vaughan said he was at the cafe volunteering – checking people's driver's licenses against medical marijuana cards, doing community service for another offense.
"The judge (in the earlier case) even accepted my time there," said Vaughan, who is retired.
After the Waterford raid, he was charged with delivery or manufacture of marijuana. That 2010 case, which just ended in May, resulted in Vaughan being found guilty, sentenced to probation and fines.
"I fought as long and hard as I could but this is Oakland County and medical marijuana cards don't mean a thing here. I can drive into other counties to a dispensary and medical marijuana." But he quickly said he doesn't do that because he is not permitted to use while on probation.
He has back, knee and neck problems and has daily pain.
"It never goes away," he said.
Law enforcement: Act clear on dispensaries 3 years ago
Oakland County Sheriff Michael Bouchard – who said he was unaware of guns being pointed at people during the raids in 2010 – explained that the Michigan's Medical Marijuana Act carved out an exemption among existing penalties for use of marijuana.
"But the law says no dispensaries are allowed in Michigan," he said. "We uphold the law and are duty-bound to take action." Waterford Police Chief Daniel McCaw said his department had received complaints about the cafe, owned by William and Candace Teichman.
"What they were doing wasn't legal," he said.
The Michigan Department of Licensing and Regulatory Affairs reported Oakland County has 11,841 patients and 4,677 caregivers with active registrations. Michigan has nearly 130,000 registered patients, officials said. Caregivers are issued a registration card for each patient and a caregiver can have up to five patients.
Oakland County Chief Assistant Prosecutor Paul Walton said when the act was passed in 2008, Prosecutor Jessica Cooper reviewed the statute. "It is very clear," said Walton. "It provides for patients in need. There is no provision for dispensaries."
This past February, the state Supreme Court ruled dispensaries "are not entitled to operate a business that facilitates patient-to-patient sales of marijuana," the court said in a 4-1 opinion.
Raid 'destroyed lives'
William and Candace Teichman, formerly of White Lake, have left the area. William was contacted for this story but did not wish to comment.
The couple entered guilty pleas after the raid in September 2011.
The raid "destroyed lives," said one of the Teichmans' attorneys, Jeffrey Perlman.
"I wanted to fight their case," said Perlman of Southfield. "I felt a jury would rather people be on marijuana than opiates."
He said the raid clients he had did not want to go to jail.
"The voters wanted to help alleviate pain. But now clients with pain have had to go back onto heavy narcotics such as Oxycontin or Norco. Some even went to heroin."
There are some medical marijuana arrestees who were jailed. A raid at Big Daddy's Hydro in Oak Park resulted in the arrest and jailing of owner Rick Ferris, said Perlman.
"It's unfortunate that various interpretations of the act are costing some people dearly," said Perlman.
Perlman said wide coverage of the raids and arrests had an impact.
"It's changed attitudes of the people who thought they could use medical marijuana. It put them in a state of fear," said Perlman.
Attorney Michael Komorn, who also represented the Teichmans and Vaughan, said he is still getting calls from people arrested for medical marijuana.
"Juries are sick of it (medical marijuana cases)," he said. "They think of it as a waste of time. The laws were passed."
He said the people in the raids weren't "gangbangers." "There was such uncertainty (about the act) at the time." He dreams, he said, that one day there might be amnesty granted for the people arrested during the raids.
Late husband inspires in one lingering case
The case against Barbara Agro, a former dispatcher for the Lake Orion Police Department who worked at the Ferndale Clinical Relief clinic, is still in two courts.
Barbara Agro was 70 years old when Clinical Relief – a dispensary where Agro was employed as a receptionist – was raided in August 2010. Investigators also searched the home that Agro shared with her husband, Sal Agro, who died of a heart attack about a week after 2010 raid.
Barbara Agro ultimately was convicted of one count of delivery/manufacture of marijuana and was sentenced to 90 days of probation, along with 20 hours of community service.
Agro appealed the conviction, arguing that she should have been allowed to disclose the fact that she was a medical marijuana patient to the jury.
The Court of Appeals decided Oakland County has to either allow Agro to have a trial using her medical marijuana card or drop the case, Agro explained as a guest on the Planet Green Trees radio show.
Her late husband, Sal, is her guiding force, according to her account of the armed raid on their home on the radio show.
She stated, "I won't give up for him. He can't talk, he can't speak anymore. It was so ridiculous what they did and how they did it. I will not give up until my dying breath."
The report indicated it could take between one to two years before Barb Agro and her son, Nick, will know the outcome of their cases.
Attorney Neil Rockind handled the case of Matthew John-Drinnon Miller, 26 at the time of the raid, of Waterford. Miller was a licensed patient and caregiver who sold marijuana at Herbal Remedies in Waterford.
"He's doing well, working," said Rockind. "He's a new father and embracing the role of being a dad."
Miller was sentenced to probation and fines.
"Most of the raids occurred before there was any interpretation (of Medical Marijuana laws). The cases took their toll on a lot of people – emotionally and financially. Some have bitterness toward the system. They attempted to interpret the law and were criminally prosecuted."
He said even the courts can't seem to figure out the laws.
In the case of People v. Green, involving hand-to-hand transfers of marijuana, the Court of Appeals said it was protected under the law. "And a week later the Supreme Court reversed it," said Rockind.
"If the courts can't agree, how can an individual interpret the act?"
New searches continuing
People in the medical marijuana community are discussing recent raids in Holly, Walled Lake and other areas.
Rick Thompson, editor of The Compassion Chronicles, has written about what he sees as greater involvement by the DEA (Drug Enforcement Administration). He wrote online that agents conducted a search July 30 at an Ypsilanti operation, and two days later, entered the Walled Lake facility.
Despite the rulings, Thompson said 100 dispensaries are still operating in Michigan, but none in Oakland County.
In his research he said the west side of the state is monitored by federal agents, and on the east side, you have "wet" and "dry" counties for medical marijuana.
"Oakland County is the Sahara Desert of Michigan counties," he said.
The 2010 raids, he said, were a "reaction to the emerging social situation that the 'establishment' was frightened of. Anytime anyone is scared, they'll run or lash out. Since (law enforcement) can't run, it only gives them one choice."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: theoaklandpress.com
Author: Carol Hopkins
Contact: - theoaklandpress.com
Website: People weigh in on anniversary of 2010 pot raids in Oakland County WITH VIDEO - theoaklandpress.com
"He put a gun in my crotch and said, 'Don't move,'" recalled Vaughan, then 55.
"I said, 'Yes, sir.'"
Three years ago today, a drug task force conducted a raid at the cafe because officials said medical marijuana transactions were taking place inside. A task force raided Herbal Remedies, a medical marijuana dispensary on Williams Lake Road in Waterford. In Ferndale, several people from a medical marijuana dispensary called Clinical Relief were arrested that same day.
Nearly 20 people were jailed, charged for delivery of marijuana.
Vaughan said he was at the cafe volunteering – checking people's driver's licenses against medical marijuana cards, doing community service for another offense.
"The judge (in the earlier case) even accepted my time there," said Vaughan, who is retired.
After the Waterford raid, he was charged with delivery or manufacture of marijuana. That 2010 case, which just ended in May, resulted in Vaughan being found guilty, sentenced to probation and fines.
"I fought as long and hard as I could but this is Oakland County and medical marijuana cards don't mean a thing here. I can drive into other counties to a dispensary and medical marijuana." But he quickly said he doesn't do that because he is not permitted to use while on probation.
He has back, knee and neck problems and has daily pain.
"It never goes away," he said.
Law enforcement: Act clear on dispensaries 3 years ago
Oakland County Sheriff Michael Bouchard – who said he was unaware of guns being pointed at people during the raids in 2010 – explained that the Michigan's Medical Marijuana Act carved out an exemption among existing penalties for use of marijuana.
"But the law says no dispensaries are allowed in Michigan," he said. "We uphold the law and are duty-bound to take action." Waterford Police Chief Daniel McCaw said his department had received complaints about the cafe, owned by William and Candace Teichman.
"What they were doing wasn't legal," he said.
The Michigan Department of Licensing and Regulatory Affairs reported Oakland County has 11,841 patients and 4,677 caregivers with active registrations. Michigan has nearly 130,000 registered patients, officials said. Caregivers are issued a registration card for each patient and a caregiver can have up to five patients.
Oakland County Chief Assistant Prosecutor Paul Walton said when the act was passed in 2008, Prosecutor Jessica Cooper reviewed the statute. "It is very clear," said Walton. "It provides for patients in need. There is no provision for dispensaries."
This past February, the state Supreme Court ruled dispensaries "are not entitled to operate a business that facilitates patient-to-patient sales of marijuana," the court said in a 4-1 opinion.
Raid 'destroyed lives'
William and Candace Teichman, formerly of White Lake, have left the area. William was contacted for this story but did not wish to comment.
The couple entered guilty pleas after the raid in September 2011.
The raid "destroyed lives," said one of the Teichmans' attorneys, Jeffrey Perlman.
"I wanted to fight their case," said Perlman of Southfield. "I felt a jury would rather people be on marijuana than opiates."
He said the raid clients he had did not want to go to jail.
"The voters wanted to help alleviate pain. But now clients with pain have had to go back onto heavy narcotics such as Oxycontin or Norco. Some even went to heroin."
There are some medical marijuana arrestees who were jailed. A raid at Big Daddy's Hydro in Oak Park resulted in the arrest and jailing of owner Rick Ferris, said Perlman.
"It's unfortunate that various interpretations of the act are costing some people dearly," said Perlman.
Perlman said wide coverage of the raids and arrests had an impact.
"It's changed attitudes of the people who thought they could use medical marijuana. It put them in a state of fear," said Perlman.
Attorney Michael Komorn, who also represented the Teichmans and Vaughan, said he is still getting calls from people arrested for medical marijuana.
"Juries are sick of it (medical marijuana cases)," he said. "They think of it as a waste of time. The laws were passed."
He said the people in the raids weren't "gangbangers." "There was such uncertainty (about the act) at the time." He dreams, he said, that one day there might be amnesty granted for the people arrested during the raids.
Late husband inspires in one lingering case
The case against Barbara Agro, a former dispatcher for the Lake Orion Police Department who worked at the Ferndale Clinical Relief clinic, is still in two courts.
Barbara Agro was 70 years old when Clinical Relief – a dispensary where Agro was employed as a receptionist – was raided in August 2010. Investigators also searched the home that Agro shared with her husband, Sal Agro, who died of a heart attack about a week after 2010 raid.
Barbara Agro ultimately was convicted of one count of delivery/manufacture of marijuana and was sentenced to 90 days of probation, along with 20 hours of community service.
Agro appealed the conviction, arguing that she should have been allowed to disclose the fact that she was a medical marijuana patient to the jury.
The Court of Appeals decided Oakland County has to either allow Agro to have a trial using her medical marijuana card or drop the case, Agro explained as a guest on the Planet Green Trees radio show.
Her late husband, Sal, is her guiding force, according to her account of the armed raid on their home on the radio show.
She stated, "I won't give up for him. He can't talk, he can't speak anymore. It was so ridiculous what they did and how they did it. I will not give up until my dying breath."
The report indicated it could take between one to two years before Barb Agro and her son, Nick, will know the outcome of their cases.
Attorney Neil Rockind handled the case of Matthew John-Drinnon Miller, 26 at the time of the raid, of Waterford. Miller was a licensed patient and caregiver who sold marijuana at Herbal Remedies in Waterford.
"He's doing well, working," said Rockind. "He's a new father and embracing the role of being a dad."
Miller was sentenced to probation and fines.
"Most of the raids occurred before there was any interpretation (of Medical Marijuana laws). The cases took their toll on a lot of people – emotionally and financially. Some have bitterness toward the system. They attempted to interpret the law and were criminally prosecuted."
He said even the courts can't seem to figure out the laws.
In the case of People v. Green, involving hand-to-hand transfers of marijuana, the Court of Appeals said it was protected under the law. "And a week later the Supreme Court reversed it," said Rockind.
"If the courts can't agree, how can an individual interpret the act?"
New searches continuing
People in the medical marijuana community are discussing recent raids in Holly, Walled Lake and other areas.
Rick Thompson, editor of The Compassion Chronicles, has written about what he sees as greater involvement by the DEA (Drug Enforcement Administration). He wrote online that agents conducted a search July 30 at an Ypsilanti operation, and two days later, entered the Walled Lake facility.
Despite the rulings, Thompson said 100 dispensaries are still operating in Michigan, but none in Oakland County.
In his research he said the west side of the state is monitored by federal agents, and on the east side, you have "wet" and "dry" counties for medical marijuana.
"Oakland County is the Sahara Desert of Michigan counties," he said.
The 2010 raids, he said, were a "reaction to the emerging social situation that the 'establishment' was frightened of. Anytime anyone is scared, they'll run or lash out. Since (law enforcement) can't run, it only gives them one choice."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: theoaklandpress.com
Author: Carol Hopkins
Contact: - theoaklandpress.com
Website: People weigh in on anniversary of 2010 pot raids in Oakland County WITH VIDEO - theoaklandpress.com
