Jump to content

Support Is Needed

bobandtorey

Recommended Posts

bobandtorey Advanced Member

bobandtorey

Posted
Posted

Dear friends, April 20 th at 1:00 pm

 

I will be represented by Michael Komorn,

on charges stemming from the Ann Arbor

Patient 2 Patient Caregivers Collective Raid dated

 

March 14th 2010

 

Preliminary on 2 - 4 year Felony counts of Manufacture With Intent

 

at 1:00pm arriving 12:30

 

22ND Circuit Court Survive Center

 

4133 Washtenaw Ave.

 

Ann Arbor, Mi 48107

 

Any show of support ( karma, moral or physical )

is (will) be greatly appreciated

 

mod adjusted post

Link to comment
Share on other sites
bobandtorey Advanced Member

bobandtorey

Posted
  • Author
Posted
March 14th 2010

 

 

at 1:00pm arriving 12:30

 

22ND Circuit Court Survive Center

 

4133 Washtenaw Ave.

 

Ann Arbor, Mi 48107

 

 

 

 

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.

Link to comment
Share on other sites
EdwardGlen Advanced Member

+EdwardGlen

Posted
Posted

I wish you all the best, unfortunately I cannot attend.

 

Michigan...Ground zero for the war on the sick and Medical cannabis, I'm ashamed of my state and my country!

 

To prosecute sick people and those who want to help them instead of real criminals as in the Americans making millions off of importing cocaine and other deadly drugs into this country.

 

There has to be collusion in the departments charged with preventing it for the amount of cocaine and heroin that comes into this country how else is it happening in record amounts.

 

What about the illegal prescription drug problem in this state and country?

 

But instead of exposing crooked law enforcement, politicians, and private wealthy American individuals who pull the political strings in this country, we become their targets.

 

 

When a man is pushed, tormented, defeated, he has a chance to learn something; he has been put on his wits ... he has gained facts, learned his ignorance, is cured of the insanity of conceit, has got moderation and real skill.

- Ralph Waldo Emerson

 

Ed

Link to comment
Share on other sites
EdwardGlen Advanced Member

+EdwardGlen

Posted
Posted

wait. the courts aren't closed for the holiday??

 

I know right...How disrespectful.

 

There is less leisure now than in the Middle Ages, when one third of the year consisted of holidays and festivals.

- Ralph Borsodi

 

Bob, everyone going to tomorrow. I truly wish I could physically be there and stand with you, and for you all.

 

Ed

Link to comment
Share on other sites
purklize Advanced Member

purklize

Posted
Posted
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.

 

Uh. County prosecutor? City police? They aren't supposed to be referring ANYTHING marijuana related to anyone other than the city attorney. Not just for med mj, but any mj whatsoever - it's the $5 pot law (now $25).

 

Sounds like the city is due for lawsuit. :sword:

Link to comment
Share on other sites
purklize Advanced Member

purklize

Posted
Posted

http://www.a2gov.org/government/city_administration/City_Clerk/Documents/charter.pdf

 

From the Ann Arbor city charter (link given above):

 

Restrictions of Marijuana

 

SECTION 16.2.

 

(a) No person shall possess, control, use, give away, or sell marijuana or cannabis, which is defined as all parts of the plant cannabis sativa L., whether growing or not; its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of the above, unless such possession, control, use, or sale is pursuant to a license or prescription as provided in Public Act 196 of 1971, as amended. This definition does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compounds, manufacture, sale, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

 

(b) Violations of this section shall be civil infractions. Persons convicted of violating this section shall be fined $25.00 for the first offense, $50.00 for the second offense, $100.00 for the third or subsequent offense and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed. Fines and all other costs shall be waived 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. The court may waive all or part of the fine upon proof that the defendant attended a substance abuse program. It is an affirmative defense to a prosecution under this section that the use or intended use of the marijuana or cannabis relieves, or has the potential to relieve, the pain, disability, discomfort or other adverse symptoms of illness or medical treatment, or restores, maintains or improves, or has the potential to restore, maintain or improve, the health or medical quality of life of the user or intended user or users of the marijuana or cannabis. Requirements of this subjection shall not be construed to exclude the assertion of other defenses. (Amended by election of April 2, 1990 and November 2, 2004)

 

© In all arrests and prosecutions for violations of this section, appearance tickets and the relevant procedures set forth in Public Act 147 of 1968, as amended, shall be used.

 

(d) No Ann Arbor police officer, or his or her agent, shall complain of the possession, control, use, giving away, or sale of marijuana or cannabis to any other authority except the Ann Arbor city attorney; and the city attorney shall not refer any said complaint to any other authority for prosecution.

 

(e) 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. (Amended by election of November 2, 2004)

 

(f) Should the State of Michigan enact lesser penalties than that set forth in subsection (b) above, or entirely repeal penalties for the possession, control, use, giving away, or sale of marijuana or cannabis, then this section, or the relevant portions thereof, shall be null and void. (Amended by election of November 2, 2004)

 

(g) The people of the City of Ann Arbor specifically determine that the provisions herein contained concerning marijuana or cannabis are necessary to serve the local purposes of providing just and equitable legal treatment of the citizens of this community, and in particular of the youth of this community present as university students or otherwise; and to provide for the public peace and safety by preserving the respect of such citizens for the law and law enforcement agencies of the City. (Amended by election of November 2, 2004)

(Section 16.2 added by election of April 2, 1974)

 

Basically, if the Ann Arbor city cops really were the ones to raid and refer the charges to the county prosecutor, they are BREAKING THE LAW and need to be made to pay. Cops enforcing nonexistent laws ignoring existing ones can only be called one thing: out of control!

Link to comment
Share on other sites
bobandtorey Advanced Member

bobandtorey

Posted
  • Author
Posted

http://www.a2gov.org...nts/charter.pdf

 

From the Ann Arbor city charter (link given above):

 

 

 

Basically, if the Ann Arbor city cops really were the ones to raid and refer the charges to the county prosecutor, they are BREAKING THE LAW and need to be made to pay. Cops enforcing nonexistent laws ignoring existing ones can only be called one thing: out of control!

 

i agree

Link to comment
Share on other sites
peanutbutter Advanced Member

peanutbutter

Posted
Posted

Yep .. just noticed this one myself.

 

More than an hour late.

 

There has been a lot of cases I missed. Mostly I'm not aware of the court date until it's to late.

 

Not saying that no one said anything. Just that I most likely forgot.

 

Then again, there are a lot of cases that no one remembers to put up a reminder about the case.

 

"Damm Kush"

Link to comment
Share on other sites
  • 3 months later...
bobandtorey Advanced Member

bobandtorey

Posted
  • Author
Posted

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.

 

 

 

Tuesday Aug 16 at 1pm he will be sentencing day i will be their for support hope to see you their

Link to comment
Share on other sites
Guest knucklehead bob

Guest knucklehead bob

Posted
Posted

so the date got put off until Mr Rice can pee clean Sept 27 at 1pm thanks knuckleheadBob for riding with me i know it ment a lot for T.J

 

I will see you on Aug. 24th in Madison Heights for Torey . It's sad , all I can say is keep hangin' in there brother .

Link to comment
Share on other sites
Poppa Puff Advanced Member

Poppa Puff

Posted
Posted

I will see you on Aug. 24th in Madison Heights for Torey . It's sad , all I can say is keep hangin' in there brother .

 

Bob, could you give more info on the time and addy for the court date. That way we could be ready and informed when and where to go to support Torey. ......TY Pops :sword:

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

Go to topic listing
×
×
  • Create New...