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Warrants Allege Medical Marijuana Store Owner Sold To Undercover Cop


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http://www.mlive.com/news/grand-rapids/index.ssf/2011/05/warrants_allege_medical_mariju.html

 

HOLLAND – After allegedly selling marijuana to an undercover cop inside his store, authorities say Anthony Neilly pulled out a half-pound of cannabis and refilled a glass jar on display at “The Mix” medical marijuana shop. The Jan. 19 $50 sale of 3.5 grams, or one-eighth of an ounce, to the drug officer and a confidential informant and a subsequent purchase of the same amount on Feb. 3 formed the basis for a West Michigan Enforcement Team raid at the 897 S. Washington Ave. business, court records show.

 

Details from an affidavit for the search warrant allege Neilly was told by the undercover officer that he did not have a medical marijuana card and “did not want to obtain one.”

 

Documents also show that on Jan. 31 Neilly allegedly told undercover authorities investigating him for delivery of marijuana and possession with intent to delivery marijuana that the 42-year-old was concerned cops were watching his business.

 

Neilly refused to sell to the officer that day and was told to come back with a medical card holder if he wanted to purchase marijuana.

 

Neilly, who has not been charged with any crimes, allegedly sold dope to the cop and informant three days later on Feb. 3, the same day authorities raided the dispensary.

 

It's not clear, based on court records, if the informant has a license to obtain marijuana.

 

During the search, officers seized an unspecified amount of marijuana in plastic ziploc bags and glass jars. Some of the containers were labeled with names such as Green Crack, Pinewreck, and Super Silver Haze, records show.

 

Authorities also confiscated 40 suckers and 103 cookies that were allegedly made with THC, the active chemical in marijuana that causes intoxication. Documents show police took “drug records” that include names and numbers of people associated with the drug trade.

 

State police Lt. Cam Henke, who heads the regional unit, said officers are still compiling records to turn over the Allegan County prosecutors to determine if charges are warranted.

 

“We absolutely believe the business and Mr. Neilly were operating in violation of the Medical Marijuana Act,” Henke said. “We are actively continuing our investigation and anticipate charges being authorized.”

 

Rob German, Neilly's attorney, said his client adhered to their interpretation of the state law.

 

“It's a poorly written statute and we anticipate putting this to rest soon,” German said. “He is not doing anything illegal by our understanding of the law.”

 

Police still have more than $3,400 that they seized from Neilly at the time of the search and authorities only recently released a freeze on accounts held by Neilly's parents, German said.

 

Search warrant records show that police sought the hold because Neilly lives with his parents and their account numbers were found on paperwork inside the store.

 

Investigators allege in the search warrants that Neilly obtained marijuana through the United States Postal Service and that the confidential informant has watched him open packages packed in coffee and wrapped in plastic.

 

Warrant affidavits, which also authorized searches at the suspect's home and of various online accounts, also accuse Neilly of taking in marijuana on consignment.

 

Neilly maintains that he is carrying out a business legally connecting caregivers and medical marijuana patients.

 

He has operated the store for more than a year. The property is split in two, with one side acting as a consignment store and a second portion – under lock, key and video surveillance – that deals with marijuana.

 

“Anybody who came in and didn't have a medical card, they didn't get marijuana,” German said.

 

 

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Well its quite obvious that the police and the courts ae going to arrest whomever they can and force them to prove their innocence. :notfair:

 

 

It sounds like he did the right thing to me if the CI was legal and they still raided his place it should be a clear cut case of entrapment. :mellow:

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  • 4 weeks later...

27 May 2011

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Michigan

-------

Sean Erhard, Who Operated Your Three M Center, Faced Charges of Marijuana Sales and Delivery

 

ST. JOSEPH - A Berrien Springs man who managed a business that helped people get state medical marijuana cards has pleaded guilty to three felony drug charges.

 

Sean Erhard, 43, appeared in Berrien County Trial Court on Wednesday to plead guilty to two counts of marijuana delivery and one count of illegal sale of medical marijuana.

 

Because he pleaded guilty as a habitual offender with three prior felony convictions, Erhard faces up to 15 years in prison for conviction on each of the charges, Prosecutor Arthur Cotter said.

 

Erhard is being held in the county jail pending sentencing on June 27.

 

He helped operate Your Three M Center on Niles Road in St. Joseph Township, which closed after his arrest in April. The business assisted people who were seeking medical marijuana cards by arranging doctor examinations and helping with paperwork.

 

But Erhard was using the business and his home to sell marijuana, police said.

 

He pleaded guilty to delivering marijuana to an undercover officer at his residence on Range Line Road on March 9 and at Your Three M Center on March 18 and April 12.

 

On April 13, Trial Court Judge John Dewane issued a preliminary injunction closing the business under further order of the court.

 

The business already had been closed at that time by action of the building owner, who evicted Erhard for a lease violation, Cotter said.

 

The original arrest warrant charged Erhard with multiple counts of delivering and selling marijuana to undercover police officers. Altogether he faced 17 counts, and 14 are to be dismissed as part of a plea agreement.

 

He was originally charged with 14 counts alleging seven marijuana sales, three at his home and four at Your Three M Center. Each of the charges has two parts: second-offense marijuana delivery and second-offense illegal sale of medical marijuana.

 

Three additional charges were filed later: two counts of second-offense possession of marijuana with intent to deliver and a charge of second-offense maintaining a drug house at Your Three M Center.

 

Under a 2008 law enacted following a voter initiative, people with chronic pain, certain diseases or chronic medical conditions can apply to get a card and use marijuana. Supporters say the drug can relieve pain and provide other benefits.

http://www.mapinc.org/newsnorml/v11/n344/a10.html

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Very vague on points of what he did or didn't do wrong. If LEO was carded or had paper work in the time-line and he sold no more that what was legal, where's the crime.

 

Aren't cases like this a matter of public record and is the evidence used to convict is that all listed also. I'm not very smart in criminal law but wanting to learn all I can in the area of cannabis prosecution.

Edited by David1946
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