Felony Drug Charges Filed

[bobandtorey]

Fitzpatrick said the Washtenaw County Prosecutor's Office has decided to pursue charges against Rice based on an investigation by the city police department.

 

The charges stem from a March 14, 2010, incident in which city police investigated a complaint about Rice's dispensary and confiscated numerous marijuana plants.

 

Rice is being charged with one count of delivery or manufacture of a controlled substance, a four-year felony, and one count of possession with intent to deliver, also a four-year felony.

 

Additionally, Rice remains under investigation by the Livingston and Washtenaw Narcotics Enforcement Team, also known as LAWNET, police confirmed. A representative of LAWNET declined to comment, saying it doesn't comment on pending investigations.

 

Rice recently was featured in an AnnArbor.com article in which he talked about his dispensary being raided by city police last March. Authorities offered no clear reason at the time why Rice was not charged with a crime, even though his marijuana was seized and never returned.

 

Fitzpatrick explained why it took nearly a full year to bring charges against Rice.

 

"I think the department wanted to take a wait-and-see attitude with the current political state," he said, noting the law around medical marijuana dispensaries remains hazy. "The city and the state are still sorting out the law, so that was the reason. It was a wait-and-see."

 

The Ann Arbor City Council made amendments to a pending medical marijuana ordinance Monday night to say that drug felons are prohibited from operating dispensaries in Ann Arbor. Rice is considered a drug felon because he was convicted of growing marijuana in his backyard in the city of Manistique in Michigan's Upper Peninsula in the late 1990s.

 

Though the state law on medical marijuana says nothing about dispensaries, City Attorney Stephen Postema said it clearly prohibits drug felons from being caregivers, and so the city is extending that prohibition to dispensary owners.

 

Rice opened his dispensary in February 2010. Over the last year, nearby tenants have reported negative experiences with Rice in the building. He acknowledged he's now being evicted.

 

Police Chief Barnett Jones told AnnArbor.com in January that Rice was unable to produce paperwork indicating he could legally operate a dispensary when police visited his office last year. Rice acknowledged that he wasn't a state-registered medical marijuana caregiver or patient, but he was still smoking and distributing marijuana.

 

Rice said he stands behind voter-approved amendments to the city charter in 2004 that allow the use of medical pot — so long as someone has a doctor's note for it.

 

The charter states: "No Ann Arbor police officer, or his or her agent, shall complain and the city attorney shall not refer for prosecution any complaint, of the possession, control, use, giving away, sale or cultivation of marijuana or cannabis upon proof that the defendant is recommended by a physician, practitioner or other qualified health professional to use or provide the marijuana or cannabis for medical treatment."

 

A cancer survivor with a degenerative spine who lives on Social Security disability, Rice has more than one doctor's note recommending pot.

 

But local authorities say state law trumps the city's charter, and Rice is violating the law by not following the guidelines of the Michigan Medical Marihuana Act.

 

Rice said today he's seeking the advice of an attorney.

 

 

 

T.J. Rice is wanted by police for illegally operating a marijuana dispensary in downtown Ann Arbor.

http://www.annarbor.com/news/felony-drug-charges-filed-against-downtown-ann-arbor-medical-marijuana-business-owner/

 

 

 

[trix]

"Rice acknowledged that he wasn't a state-registered medical marijuana caregiver or patient, but he was still smoking and distributing marijuana."

 

"A cancer survivor with a degenerative spine who lives on Social Security disability, Rice has more than one doctor's note recommending pot."

 

hmm, sounds like a AD case ehh?

 

Had his doctors rec. before his arrest.... I'm gonna have to watch this one.. cause this should answer my question of what will happen when/if I'm arrested w/o my card but with a doctors rec..

 

Trix`

[bobandtorey]

"Rice acknowledged that he wasn't a state-registered medical marijuana caregiver or patient, but he was still smoking and distributing marijuana."

 

"A cancer survivor with a degenerative spine who lives on Social Security disability, Rice has more than one doctor's note recommending pot."

 

hmm, sounds like a AD case ehh?

 

Had his doctors rec. before his arrest.... I'm gonna have to watch this one.. cause this should answer my question of what will happen when/if I'm arrested w/o my card but with a doctors rec..

 

Trix`

 

See the C.O.A opinion inn the Redden case it Say's Registered and unregistered

[mayorshaggy37]

The only thing I can see that works against him is the prior felon. He can't be a caregiver with a drug felon charge, so wouldn't that mean he wouldn't be able to have plants? Just curious about that.

[thanks2]

The article is wrong on the prison terms T.J. Rice is facing. It will be a second offense so he is facing 14 years. The complaint the police received was for a strong odor of marijuana coming from his dispensary, not of any wrong doing. So they took a wait and see approach? What has changed?

[jessiejamez]

The only thing I can see that works against him is the prior felon. He can't be a caregiver with a drug felon charge, so wouldn't that mean he wouldn't be able to have plants? Just curious about that.

 

He has several Dr.s Recommendations but no card.

 

And he's only now seeking a registry card to officially become a patient.

 

I don't think Mr. Rice deserves our sympathy or support.

 

just my .02

[MORE COWBELL]

OUCH!

[bobandtorey]

The only thing I can see that works against him is the prior felon. He can't be a caregiver with a drug felon charge, so wouldn't that mean he wouldn't be able to have plants? Just curious about that.

 

 

Well he can have plants just cant be a caregiver must all the Dispensary's are going under P2P and with out a card theirs no plant count IMO

Good luck TJ

let me no if you need any thing i will be at your court day

[boroboro]

He has several Dr.s Recommendations but no card.

 

And he's only now seeking a registry card to officially become a patient.

 

I don't think Mr. Rice deserves our sympathy or support.

 

just my .02

 

Everybody arrested for cannabis-related offenses that don't harm or endanger other people gets my sympathy. Even the jerks.

[greengenez]

He has several Dr.s Recommendations but no card.

 

And he's only now seeking a registry card to officially become a patient.

 

I don't think Mr. Rice deserves our sympathy or support.

 

just my .02

 

that's all it was worth (two cents)!

There's lots of people that deserve the right, but choose not to get card yet. Felon or not If you have a qualifying symptom you deserve the right to use this MEDICINE.

Sorry for the rant, but no one should ever go to jail because of this.

[Santas_Helper]

Drug related felons can be Patients, but not caregiver. A patient needs no caregiver to grow his plants. Seems he saved the states money that was needed to complete his legal status. Self-imposed troubles lay ahead for this man. Enough money to start a dispensary, but not enough to get legal.

Some days, my prayers, just don't seem to be enough. The readers of this article will not like what they see in print. I can't blame them, but they then will look at us. I, for one, am ready. Are YOU? Please stay legal, if by chance you need help staying legal, just ask. We, a community filled with Compassion will be there with all the help we can provide.

I pray for the safety of all of us, in or out of our community. And I do ask for your help.

Santas_Helper

[CedarSpringsCG]

and with out a card theirs no plant count IMO

 

There is still a plant count without a card. All AD does is afford the same rights as someone that would have a card, to someone who doesn't have one. Meaning, if I don't have a card, but I have a Doc Rec, and I fall into a AD defense, I can legally operate as if I had a card. Now being a prior felon (won't argue if that is right or not, it is in the law) he can't be a CG, so he can only have up to 12 plants total and 2.5 oz of usable medicine.

 

I will feel bad for him, I can't support someone who was blatantly flaunting it in front of LEO. It hurts the cause for all of us, and makes public opinion turn against us.

 

If he were just a pt, then back him 100%. But he was operating a dispensary without regards for what we are doing here. No regards for his neighbors, it is just disrespectful.

[thanks2]

He has several Dr.s Recommendations but no card.

 

And he's only now seeking a registry card to officially become a patient.

 

I don't think Mr. Rice deserves our sympathy or support.

 

just my .02

The law does not require a card.

 

This is why the largest prison population in the world, by far, exists. Good people turn their heads each and every day and allow the incarceration of criminals that have NO VICTIM for the profit of the prison systems.

 

I will not stand by quietly as more of my fellow citizens are dragged off and locked away to fill the fat cat elites pockets. Especially when it is medical.

[peanutbutter]

There is still a plant count without a card. All AD does is afford the same rights as someone that would have a card, to someone who doesn't have one. Meaning, if I don't have a card, but I have a Doc Rec, and I fall into a AD defense, I can legally operate as if I had a card. Now being a prior felon (won't argue if that is right or not, it is in the law) he can't be a CG, so he can only have up to 12 plants total and 2.5 oz of usable medicine.

 

You are in error on that point.

 

The only limit for weight or plant count in the AD section of the law is a "reasonable" amount.

 

12 and 2.5 only apply to the ID card section of the law.

[solabeirtan]

There is still a plant count without a card. All AD does is afford the same rights as someone that would have a card, to someone who doesn't have one. Meaning, if I don't have a card, but I have a Doc Rec, and I fall into a AD defense, I can legally operate as if I had a card. Now being a prior felon (won't argue if that is right or not, it is in the law) he can't be a CG, so he can only have up to 12 plants total and 2.5 oz of usable medicine.

 

I will feel bad for him, I can't support someone who was blatantly flaunting it in front of LEO. It hurts the cause for all of us, and makes public opinion turn against us.

 

If he were just a pt, then back him 100%. But he was operating a dispensary without regards for what we are doing here. No regards for his neighbors, it is just disrespectful.

So far AD means Automatically Denied. There is yet no case law establishing its protections, it just allows you to present your defense. Consider it more like an Alternative Defence. And by the way that means the Expensive Alternative compared to a less expensive one like a plea agreement. If you're thinking about growing quit your groaning and get Legal. Do your self a favor and get a doctor who will see you again. Its your life, its your health, take care of yourself, you deserve it, dont you think ! It's the Most Economical Plan get a card, you get your Freedom[finally] and a leg up on your Health. Good Luck peace

[jeff from bad axe]

Anybody that needs medicine should be able to get it.He has the doc rec, good enough.PEROID.................

Wait until you are up against these tyranny jerks,it is know fun.

We should support anyone that LEO is trying to put in jail over a plant.

[jaman]

The law does not require a card.

 

This is why the largest prison population in the world, by far, exists. Good people turn their heads each and every day and allow the incarceration of criminals that have NO VICTIM for the profit of the prison systems.

 

I will not stand by quietly as more of my fellow citizens are dragged off and locked away to fill the fat cat elites pockets. Especially when it is medical.

Amen brother amen

[bobandtorey]

So far AD means Automatically Denied. There is yet no case law establishing its protections, it just allows you to present your defense. Consider it more like an Alternative Defence. And by the way that means the Expensive Alternative compared to a less expensive one like a plea agreement. If you're thinking about growing quit your groaning and get Legal. Do your self a favor and get a doctor who will see you again. Its your life, its your health, take care of yourself, you deserve it, dont you think ! It's the Most Economical Plan get a card, you get your Freedom[finally] and a leg up on your Health. Good Luck peace

 

 

We are working on just that and i would not wish it on any one

[bobandtorey]

Im so sorry! But im a noobie! Are you bob From the Redden decision, presendenc, ruling, case law, I donk know what to call it! Ist that YOU?

 

I read about that deal, man My heart goes out to him and his lady!

 

if it is you! Im so sorry and I thank You!

 

im just trying to learn the site, and people!

 

Mimom

 

Yep thats us torey does not post much we have a lot of support here so i do most of the posting Torey is soooooo stressed out from all this

and thanks for being here and supporting the MMMA

[bobandtorey]

i got a call from him today and he don't have any money for a Lawyer he wants to turn him self inn but has not as of today

[thanks2]

i got a call from him today and he don't have any money for a Lawyer he wants to turn him self inn but has not as of today

It is sad that he is running a business that is legal in ann arbor selling Michigan meds and now is facing the wrath of the policing for profit system. My heart goes out to him.

[Kingdiamond]

i got a call from him today and he don't have any money for a Lawyer he wants to turn him self inn but has not as of today

Someone please tell me how a guy who owns a dispensary cant afford a lawyer?

 

He is still running shop no?

[grewett]

There are medical (physical) conditions and then there is an anti-social condition that is a pathology, a sickness too. IMO Mr. Rice exemplifies a certain anti-social malady: he did get a physician's recommendation yet, fully aware of the MCDH requirement, stopped there rather than complying (with MDCH registration). "Me get a card? Not me."

Furthermore, as a felon there are certain things he cannot do and he is aware of them (source: previously published interview with Mr. Rice). Vote (2 year prison), possess, carry or employ a gun for any reason (5 year term), act as a caregiver or operate or own a dispensary (14 year term), yet he saw fit to lift his middle finger at his neighbors and operate as a public nuisance--and he successfully caught their attention. (A neighbor complained to police of odor coming from his dispensary). He's a nit! People usually find what they are looking for--mentally ill or not--and Mr. Rice--who claims himself a member of our esteemed movement, has only himself--no one else--but his anti-social personality to blame for his present predicament. People so often are successful at finding the trouble they are looking for. It is not up to our movement to love such an individual--that's a mother's job--it is not up to our movement to defend such an offender's actions--that his lawyer's job. Our credo is what a member said earlier in reponse to this post; get legal, be legal, stay legal, stand up for your rights and be counted in the right way--our combined actions affect the movement's reputation. Mr. Rice's actions are not an asset to us. They test the limits of our compassion for those who beg to catch a needless and richly deserved case. Needless as the law has no gray area here--no drug felons as caregivers. P2P may be the defense--who knows? Might fly if not for the scarlet letters: felon. The intent and law's letter is to prevent that.

[peanutbutter]

There are medical (physical) conditions and then there is an anti-social condition that is a pathology, a sickness too. IMO Mr. Rice exemplifies a certain anti-social malady: he did get a physician's recommendation yet, fully aware of the MCDH requirement, stopped there rather than complying (with MDCH registration).

 

You have combined several errors at the same time.

 

The "MCDH" did not establish the law. The people did that.

 

There is no requirement to apply for the ID card.

 

The law protects licensed and unlicensed persons.

 

"felon" has nothing to do with being a patient. Therefore a person qualified to be one of the "P's" in P2P.

[Sativasfied]

Felons can be Patients, but not caregiver.

 

Incorrect.

 

Felons can be caregivers.

 

Those with felonies involving illegal drugs can not be caregivers.

 

Section 3 (g) "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

Michigan Medical Marihuana Act