County Press Article

[bobandtorey]

“We do have to take a stand,” Metamora Township Police Chief Walt

Sierakowski told Metamora village council members on Monday, speaking

of pursuing action against a grow operation in the village.

Photo by NANCY R. ELLIOTT

METAMORA — The Village of Metamora is taking off the gloves. At

Monday’s village council meeting, members voted unanimously to

authorize village attorney, Tim Denney, to pursue a civil action

against a facility housing medical marijuana growing operations.

 

“It’s an important time for the village council because now is the

time to defend your line in the sand,” said Denney, who drafted the

ordinance. “It gives your residents confidence when they know that

what you do have, you enforce.”

 

“We would ask the court to shut the facility down,” said Denney.

He qualified that such an action would not apply to the woodworking

portion of the facility.

 

Last week, following the apprehension of a would-be burglar at 4155

S. Oak St. in Metamora, officials entered the industrial facility

armed with a search warrant. Inside, they found separated medical

marijuana grow operations under the oversight of four different

caregivers. The total of 271 plants discovered was less than the

possible total that would be allowable under state law for four

caregivers. Each room held patient documents to correlate the plants

with the caregivers.

 

Nevertheless, Metamora Township Police Chief Walt Sierakowski told

council members, “They’re in violation of your ordinance.

They’re in violation of state law.” The village ordinance allows

no more than one primary caregiver per parcel. Additionally,

Sierakowski said that two rooms held more than the allowable number

of plants, and several caregivers had some plants co-mingled in one

room. Contrary to a previous report, Sierakowski directed the seizure

of a total of 123 medical marijuana plants from the facility.

 

Lapeer County Prosecuting Attorney Byron Konschuh accompanied

Sierakowski at his request when the search was conducted. Although he

observed several irregularities, he concluded, “I think there was an

attempt to comply with the law.” He noted that the plants appeared

to have been temporarily co-mingled during a light installation.

 

Konschuh has consistently maintained that “some kind of legal and

physical separation” is key to comporting with the law. With

caregiver grow operations in separate, locked rooms, and

documentation tying caregivers and patients to plants, Konschuh

said, “It’s extremely close to complying with the intent of the

statute.”

 

“I don’t want to do technical charges,” Konschuh said,

suggesting that working together could be more productive than

repeated search warrants. “If they have reasonably complied with the

intent of the law, I’m going to err on the side of not charging

them.”

 

At Monday’s council meeting, however, Denny told council members,

“We would recommend pursuing enforcement options.” He outlined two

possibilities. He said a district court criminal ticket was a “bit

of a weak tool.”

 

 

 

 

He urged council members to instead pursue a stronger path, “circuit

court with a civil action.” Although describing it as the more

expensive route, he said it was the better course to “impact long

term use of the property.”

 

Denney urged swift action, since demonstrating urgency in the matter

of the preliminary injunction would underpin the argument of

“irreparable injury.”

 

Denney told council members that he was not aware of any similar

cases currently in the court system being tested. “I’m not going

to sugar coat it. Everybody’s grappling.... there could be a whale

of a fight on it,” Denney told council members.

 

Konschuh agreed that in defending the village’s ordinance that

permits only one caregiver per parcel, “They’re going to be

raising, probably, constitutional issues.”

 

Pat Salas of Romeo owns the facility in question. He’s operated his

business there for more than two decades, doing architectural

millwork and cabinetry for homeowners, builders and business. He is a

past president of the Metamora DDA, helping to usher in the sewer

project, water tower, road repaving and library construction.

 

Salas says no one from the village council paid his facility a visit

even after the initial raid was conducted in September. “I’ve been

here for 26 years and they couldn’t take the time to come and see

me,” said Salas.

 

No charges have resulted from that search. “I was never given an

order to shut down after the first raid,” said Salas. “I never

kept it a secret. I was never told to stop doing it,” said Salas.

Konschuh confirmed no such orders were ever issued.

 

“I am going to seek legal counsel. I am following state law,” said

Salas. “I intend to go before the judge and prevent that

injunction,” said Salas.

 

Salas laments the impact to patients who depend on caregivers at the

facility. “Those plants belong to patients.... That’s who lost the

plants,” said Salas. “It’s people’s medicine that was taken

here.”

 

Nancy Elliott

nelliott@mihomepaper.com

810-452-2601

[bobandtorey]

so even the PA did not want to charge any one the chief said he would nay way

[MORE COWBELL]

even though patient privacy has been shredded -ever one knows now what is going on there at that address -just bunk

 

OUR MMMA LAWS ARE GOOD SOLID AND PROTECT PATIENTS AND CAREGIVERS-THE LAW AS IT STANDS AFFORDS A LOT MORE PROTECTION IN ITS INTENT THAN THE LEO OR LOCAL/STATE OFFICIALS ARE WILLING TO GIVE US- C'MON its about time for the madness to stop

[dutch&Dutchess]

desperation demonstrates devious desire.

[Croppled1]

To keep hearing these conflicts repeated is heartbreaking .

[mrniceguy8252]

wow our city council is messed up. these guys are awesome respected citizens and they want to shut them down for following the law... and we know thats not byrons real fealings about our law he does not want it period....