Dea Strikes Again

[Croppled1]

http://www.lansingcitypulse.com/lansing/article-5436-dea-strikes-again.html

 

 

 

Wednesday, February 2,2011

DEA STRIKES AGAIN

 

Two caregivers charged with violating federal pot laws for grow operation in Mason

by Andy Balaskovitz Two Lansing-area men face federal marijuana charges in U.S. District Court in Grand Rapids, yet the lawyer for one of the defendants says the men were in compliance with the Michigan Medical Marihuana Act.

 

The lawyer, Bob Baldori, said that the number of plants that were seized was within state law because of the number of caregivers who were growing at the location.

 

Randall Lloyd Darling, 24, and Joseph David Johnson each face counts of growing more than 100 marijuana plants, according to court documents. Johnson is in his 20s, Baldori said.

 

The charges come with a five-year minimum prison sentence. Warrants were issued for Darling and Johnson on Jan. 20. Both are awaiting pretrial hearings.

 

Baldori, who represents Johnson, believes both defendants were within the state’s medical marijuana law. While Baldori said the DEA confiscated more than 200 plants from a grow operation in Mason, he added that Johnson and Darling are both patients and caregivers with the maximum-allowed five patients. Under state law, each can grow up to 72 plants and possess 15 ounces of usable product. It is also Baldori’s understanding that other caregivers were using the house as a growing site.

 

“These kids have not broken any Michigan laws,” Baldori said. “There were enough patients and caregivers to justify the plants.”

 

 

For the rest of the article and there is more please visit the source .

 

http://www.lansingcitypulse.com/lansing/article-5436-dea-strikes-again.html

 

 

[Retta]

72 X 2 = 144 if there were more than 200 plants I have no pity for them. Get the greed away from the weed.

[Croppled1]

72 X 2 = 144 if there were more than 200 plants I have no pity for them. Get the greed away from the weed.

 

 

The lawyer says their within the State law but because they were all in one location from my reading it is possible they may of taken 101 plants and charged them both with Federal conspiracy to manafacture and deliever over 100 plants a mandatory 5 year min sentance . Scarey .

[lkline300]

Although I see your point. I do feel bad for them.

 

Even if others were growing there with you, you have to know when your out there on the edge, I feel bad they didn't......

 

20 year olds facing 5 years + though, unless they hurt, killed or raped somebody it seams kinda rough.

[MORE COWBELL]

Rico is a sonofabeyatch-so are Federal Minimums !

 

watch out Michiganders they are going after the low hanging fruit first!

[+420Atheist]

No one should go to jail for marijuana. However folks have got to be a little more careful about pushing the limits.

[bobandtorey]

Rico is a sonofabeyatch-so are Federal Minimums !

 

watch out Michiganders they are going after the low hanging fruit first!

 

thats how i see it also

[MORE COWBELL]

No one should go to jail for marijuana. However folks have got to be a little more careful about pushing the limits.

 

 

a little common sense and paranoia is needed!

[DLD420]

72 X 2 = 144 if there were more than 200 plants I have no pity for them. Get the greed away from the weed.

Get a life try reading before you embarrass yourself so much. The man said there were more than enough caregivers to account for all the plants, but you want to criticise before reading everything. Not only have to deal with rogue leos and dirty prosecutors and judges then people like you open your traps. Way to much BS going on to have to read your asinine response.

[Kingdiamond]

Everybody was warned that combining grows that total over 100 would risk DEA harrasment hopefully the law protects them but likely not if its at the federal level.

[Croppled1]

Wednesday, February 9,2011

 

 

DEA in Delhi

 

 

by Andy Balaskovitz

 

The Tri-County Metro Narcotics Squad Raids a Medical Marijuana Growing Operation That Might Be Two Plants Over the State Limit. Small Stuff - Yet the Narcs Call the Feds. Why?

 

On the morning of Dec. 7, Deputy James Every of the Tri-County Metro Narcotics Squad found 146 cannabis plants growing in a basement of a house five miles west of Mason.

 

But instead of confiscating the plants and arresting the two growers who showed them to him, Every called in the federal Drug Enforcement Agency.

 

Since then, federal marijuana charges have been brought against Randall Lloyd Darling and Joseph David Johnson, the two growers who showed Every the plants. They face a minimum of five years in prison for growing more than 100 cannabis plants. Johnson's lawyer says Johnson and Darling were both medical marijuana patients and caregivers, operating legally within the state statute.

 

 

But Tri-County, the DEA and the U.S. District Attorney's Office are not saying why Tri-County would come investigate a grow operation and then turn to the DEA to finish it up.

 

Ingham County Prosecutor Stuart Dunnings said his office was not involved with Tri-County's actions. He said that if Tri-County was to come across a grow operation that is legal in Michigan but against federal law, they can call in the feds.

 

"If they stumble across what they believe is a federal offense, they have sole discretion to hand it over as a federal matter," Dunnings said.

 

So now potentially legal growers must concern themselves with violating federal laws? Dunnings suggests there may be some sort of plant "threshold" at which the DEA decides to take a case, but he did not offer a specific count.

 

"Apparently whatever these people were doing was in violation of federal law," he said. "They must be in violation of the criteria the DEA has set up."

 

Kris Hermes, a spokesman for the national cannabis advocacy group Americans for Safe Access, has watched this go on since the years of former President George W. Bush. He said it depends on the local law enforcement agency's attitude toward medical marijuana. It ranges from local police encouraging DEA involvement to perhaps the two sharing services, Hermes said.

 

"In other cases, the DEA acts alone and doesn't even inform local law enforcement on an investigation," he said. But he added that a "vast majority" of raids occur with cooperation between the DEA and local law enforcement.

 

"Unfortunately in some places, local law enforcement can't seem to get enough evidence of wrongdoing, and they will turn to the federal government knowing they can prosecute and often convict," Hermes said.

 

An account by DEA special agent Scott Syme details what happened before his team raided the house.

 

On the morning of Dec. 7, the Michigan State Police Fugitive Team arrived at 4942 Nichols Road about five miles west of Mason. The team was acting on information that by growing pot Darling was violating probation stemming from a Clare County conviction on a felony weapons charge. Darling was less than two months into a one-year probation after he was convicted of carrying a concealed weapon without a permit. His probation conditions include not violating any criminal laws and not using or possessing controlled substances.

 

As the grow was discovered, the State Police called the Ingham County Sheriff 's Department, which then called the Tri-County Metro Narcotics Squad to investigate.

 

Every of Tri-County arrived at about 9:20 a.m. Darling and Johnson showed him 146 plants growing in two separate rooms in the basement. Every also "observed a gallon size zip lock baggie containing suspected marijuana along with a trash bag of clippings," according to Syme's statement.

 

From there, the DEA executed a federal search warrant and confiscated the plants and growing equipment.

 

Darling may have violated his probation by growing medical marijuana, but that remains to be seen. John Cordell, a spokesman with the state Department of Corrections, said Darling's probation conditions have not changed since he first began monitoring in October.

 

Bob Baldori - Darling's attorney - has said both men are medical marijuana patients and caregivers for their maximum five patients. While that could only allow them to grow 144 plants together, Baldori believes more caregivers were operating out of the house. Attempts to reach Darling's attorney Jack Vogl were unsuccessful.

 

Hermes said sometimes the DEA will raid a growing facility or dispensary but not bring forth any charges. That is the case for a group of caregivers who were raided for growing more than 400 plants in Okemos on Nov. 30.

 

But don't expect the DEA to answer for itself, Hermes said.

 

"The federal government never has to go to the extent of validating their claims," he said. "When you prosecute someone in federal court, you can unfortunately keep out any reference to medical marijuana."

 

About five years ago, the U.S. Supreme Court ruled in U.S. vs. Oakland Cannabis Buyers' Cooperative that being licensed to grow medical marijuana is not a legitimate defense in federal court. "The issue of whether or not this person was in compliance with state law never comes up," Hermes said.

 

A trial for Darling and Johnson is scheduled to begin April 5 in the U.S. Western District Court in Grand Rapids.

 

http://www.lansingcitypulse.com/lansing/article-5462-dea-in-delhi.html for more articles on this topic please visit the source

[Retta]

One plant is against federal law, maybe the locals called in DEA due to ACLU lawsuits. I don't know if this is right but I'm pretty sure federal law trumps state law.

[kruztydj]

A complete waste of what little tax dollars they have left . :jipo:

[solabeirtan]

Certainley there are such penalties, 5 yr Min is reserved for something like over a 100+ lbs.

 

Obviously these kids were very close to their Legal Limits in fact if it does come to Light, there were more Caregivers Involved, Caregivers Involved they are probably Legal. Certainly they do not Qualify for any Mandatory Minimums.

 

Although if the Feds want to Continue this Dance, they better become more informed of the Peoples Will. There is NO Drugs involved #1, the Botanical Description of our Product is Cannabis, it has showed significant Medical Uses, It has been re-considered by the AMA. How long do they think they can thwart Peoples Rights, prolonging this BS Well past its Usefull Limits.

 

The only problem I see is their History, allready on Probation, would revert back to whatever stipulations are involved.

[The Digital Nomad]

"So now potentially legal growers must concern themselves with violating federal laws? Dunnings suggests there may be some sort of plant "threshold" at which the DEA decides to take a case, but he did not offer a specific count.

 

"Apparently whatever these people were doing was in violation of federal law," he said. "They must be in violation of the criteria the DEA has set up."

 

That is something plausible to consider - the DEA (perhaps considering Obama's edict) can set a 'rule or standard' for DEA to get involved in states with MM.

 

Someone told me the number was 99 or over - would trigger the DEA's involvement.

 

This is why cooperatives are still at risk here.

 

-DN

[Hempcheff]

Excellent point!

 

 

Everybody was warned that combining grows that total over 100 would risk DEA harrasment hopefully the law protects them but likely not if its at the federal level.

[The Digital Nomad]

Solar -

The sad thing is, in Federal Court you cannot mention MM, patient, or caregiver. The Federal Judge will warn you, and tell juries to ignore it. In Federal Court - its a drug charge all the way, manufacturing, posession with intent to distribute. Thats two different federal charges.

 

http://www.justice.gov/dea/agency/penalties.htm

 

For a 20 yr old to hit prison? thats death.

 

-DN

[Guest d00g]

"Penalties against drug use should not be more damaging to an individual than the use of the drug itself."

 

President Jimmy Carter

Message to Congress, August 2nd, 1977

[Guest OxXGarfieldXxO]

Im sure people will not like this comment, but the way I read the law is at the moment, I understand the arrest even if I don't agree that "any" arrest should take place over marijuana.

 

The law if very clear that only a patient and his Cg may have access to the plants. So as soon as CG#2 walks around CG#1's plants the law has been broken. So unless each CG has his own room with his own key, I get it. I don't like it, but I get it.... Ya push the extent and intention of the law and you get hammered..

[phaquetoo]

72 X 2 = 144 if there were more than 200 plants I have no pity for them. Get the greed away from the weed.

 

 

Retta your right they broke the law! But in the end dont we want marijuana to be legal flat out?

 

It sucks to see any one go to jail for growing weed! These kids figured they were within the law! they prob even seen some $ singns!

 

Alot of people have seen this as a cash cow,,,this states jobs are near gone, its now who you know not what you know if you want a job that can almost support your family!

 

There just Kids for crying out loud, and what good is prison going to do for a person whose (hopefuly) worst crime was growing weed they thought they were legal to do! I didnt read anything about them out killing and raping or ripping people off?

 

It is not smart for any one legal in our state to go over fed minimums! most folks think our state law protects them from fed laws! so far they dont do they?

 

Good people have been arrested and put thru hell and they were totaly legal according to the mm law and its a.d !

 

Peace

FTW and the youngsters

Jim

 

edit= ok he was on probation for a weapons violation, he can still be a c.g according to the law,

if it is legal than he isnt violating state law on prob, but he is violating fed law!

he wasnt convicted of a felony drug charge, and they were 2 plants over maybe,, Im sure we will read a lil more about this, I still dont agree with them going to prison or county jail!

[mizerman]

Im sure people will not like this comment, but the way I read the law is at the moment, I understand the arrest even if I don't agree that "any" arrest should take place over marijuana.

 

The law if very clear that only a patient and his Cg may have access to the plants. So as soon as CG#2 walks around CG#1's plants the law has been broken. So unless each CG has his own room with his own key, I get it. I don't like it, but I get it.... Ya push the extent and intention of the law and you get hammered..

Garfield took the words out of my mouth before the cannabis and coffee have kicked in...

 

 

Mizerman

[solabeirtan]

Im sure people will not like this comment, but the way I read the law is at the moment, I understand the arrest even if I don't agree that "any" arrest should take place over marijuana.

 

The law if very clear that only a patient and his Cg may have access to the plants. So as soon as CG#2 walks around CG#1's plants the law has been broken. So unless each CG has his own room with his own key, I get it. I don't like it, but I get it.... Ya push the extent and intention of the law and you get hammered..

Ok Garfield, Im going to call Felix on you ! Remember him "Felix the Cat, the wonerful wonerfel Cat" my hero .

 

Anyway what if one was the caregiver of the other, its possible. Might knock 12 off your Max Plant count.

 

Unlikely they would all be in one room anyway, you pretty much need at least 3 rooms ?.

 

Also just thinking about this even being considered Marijuana or Cannabis is questionable. The only Real Cannabis their would be if it was properly cured, and then only after Lab Testing. The others were Cannabis Plants - NOT "Marihumanabananacanawanna"---

[mayorshaggy37]

Where does it state in the law that two CG's can't have plants in the same grow room? It just states that the room needs to be locked and what plant count per patient/CG. There is nothing that states that 3 CG's can't get together in a enclosed locked facility and grow for their patients. This law was made to bring down the number of arrests and if you have noticed the number of arrests has gone up. We need to show up in numbers at protests and let our elected officials know. I have been to too many events with hardly anybody there. This doesn't help the movement and yes common sense is always a good thing to have. Anybody that wants to do a testimonial for my film on MMJ let me know. I am in the last couple of months of production.

[Iceman081]

You have to be smart about your plant counts, whatever you do you have to keep your count below 100. 5 year manditory sentence for 100 plants period!! I will never take that chance, no way no how am I gonna do fed time over what? Greed? People are trying to make big business out of this and it will be the death of us all!!!! As I see the law, Marijuana cannot be bought or sold, that means to me Dispenceries are Illegal because they are selling it, operating as a business and making big money. This law was about helping people and about compassion, not about making profit on the sick and weak, caregivers can be compensated for expenses, does that mean we get an extra $150 over our cost. Hell NO!!!! Greed will end this and Greed will cause the sick and weak to suffer even more than they already do. I know alot of people aren't gonna like my thoughts, oh well we still do have freedom to speak. Thanks Doug

[brbud]

Im sure people will not like this comment, but the way I read the law is at the moment, I understand the arrest even if I don't agree that "any" arrest should take place over marijuana.

 

The law if very clear that only a patient and his Cg may have access to the plants. So as soon as CG#2 walks around CG#1's plants the law has been broken. So unless each CG has his own room with his own key, I get it. I don't like it, but I get it.... Ya push the extent and intention of the law and you get hammered..

Right On