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Pot-For-Cancer Caregiver Faces 8 Years

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Mr Peck found this and posted it at the BACC . I thought I would share it with you .





A card-carrying medical marijuana caregiver who was growing marijuana in his backyard to treat his wife's stage-3 breast cancer will be sentenced Thursday for manufacturing marijuana.


Gary Alan Katz, 59, pleaded guilty in June to manufacturing marijuana, a charge that resulted after officers with the Livingston and Washtenaw Narcotics Enforcement Team raided his home Aug. 10.


Both the defendant and his wife, Jeanne Katz, who was not charged in the case, declined to comment. Attempts to reach Gary Katz's attorney were unsuccessful.


"The fact you're doing a good thing on the side doesn't justify" illegal behavior, Prosecutor David Morse said when asked why Gary Katz was charged.


"We cut the guy some slack. There were guns recovered," Morse said. "He could have been charged as a felon in possession of a firearm. ... I recognize he may have been doing some good things there, but there are other ways to help."


Morse said Jeanne Katz was not charged because she had no liability in the found marijuana.


Gary Katz's prior criminal history includes a conviction for delivery/manufacturing of marijuana. He faces up to eight years in prison when sentenced Thursday on the manufacturing charge.


A conviction for being a felon in possession of a firearm would have meant an automatic two-year sentence that runs consecutive to any other conviction.


Although neither Gary Katz nor his wife would comment for this story, an April blog posting on the Michigan Medical Marijuana Association's Web site appears to detail their experience.


That blog entry, which says it is "my account from the time I was awoken by my husband with an officer standing at my bedroom door," indicates LAWNET officers raided the couple's home at around 11 a.m. Aug. 10.


The writer indicates that she and her husband, who are both medical marijuana users and caregivers, decided to store their marijuana in a "secured yard with a 6-foot fence, locked up." However, the enclosure did not have a roof, which the writer compared to the prison in Jackson.


"Jackson prison's yard is fenced, and the prisoners go outside, and that outside yard is considered a part of the secured, locked and enclosed facility," the writer noted.


The writer indicates that the officers said they received a tip about marijuana growing outside the couple's home and "that it was illegal to grow outside without a top." However, the Michigan Medical Marijuana Act does not specifically say that, the writer argues.


Morse was not familiar with the details of the raid, but said Gary Katz could not grow marijuana for medical reasons "in the manner he was doing it." He said the defense apparently agreed because the defendant pleaded guilty to the charge.


"Everyone talks about how ambiguous the law is, but in our cases, the plain reading of the statute will tell you it's illegal," Morse said.


Contact Daily Press & Argus reporter Lisa Roose-Church at (517) 552-2846 or at lrchurch@gannett.com.


Please visit the source to make polite but honest comments .




If I was investigating this I would check out what the lady said that they charged him with all 20 plants when they were half hers calling him a caregiver . Which is how a spouse would refer to themselves .Who knows what he said but she was saying they both were qualified and had under 24 plants here if thats true how sad . Is this Schuettee imaginary separation of plants theory in practice . How very sad and all the taxpayers pay for it and patients are terrified that common sense will never be applied . Without sales involved all cultivation , possession and use should be a civil infraction at worst . Maybe even for hard drugs so kids wouldn't avoid asking for help and if we stopped punishing and helped addicts with maintenance and or treatment if they would accept it so many lives and resources would be saved . Not only that patients wouldn't always have their care interfered with by the theory of substance abuse when their suffering like nobody can and hopefully will imagine can be real - until its their time . Your better off not knowing but understanding to protect rights for those that do . .




I connected with the statement of fact about how the prison yard doesn't have a roof but its considered enclosed locked and secure facility




How will the stacked conservative State Supreme Court react to that fact and think how many are already jailed any more then none is a terrible violation of civil rights . I hope their all are set free and exonerated one day .


Anyone doing illegal sales hurts patients cause but so do overzealous prosecutions with pleas taken in fear and any interpretation of the Act that keeps medicinal cannabis access in back alleys and underground . I agree with the current position of the MMMA use a farmers market with PTP transfers but we need Schuette to recognize it as legal . Patients acquiring are always protected I believe its the providers that are in question and thats what they explained at Wayne State . People selling into the dispensary model ( not saying that happened here absolutely not !!!!!! ) are in the sites of Law Enforcement like it or not . Some people still do not understand the risk nor the complexities of undoing 70 years of law creating a safe legal framework . Especially when officials are uneducated on cannabis with little motivation in their minds due to all the other severe problems their now facing . Let us hope the Federal Patient Protections Act is passed this year . Its been several years now that similar proposals have been shelved that would help the whole Country move forward . Carl Levin seemed willing to listen at least you don't get the replies this is a illegal activity anymore or I didn't . Lets hope Sen Stabenow follows suit publicly . Surely people realize patients just want to be legal and enjoy the same opertunities other over the counter or controlled medication users have without predjudice or fear of arrest now that the Act has passed . You can not overdose on cannabis it is non toxic and were sick people cutting down on way more dangerous items with better results overall in most cases .

Edited by Croppled1
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It just makes me laugh when he said oh we could have charged him for the guns he had but we didn't :growl:


Law enforcement does not like losing the cash cow that is the forfeiture law most departments cannot function without it Schuette knows this the federal goverment knows this as well the friendlier the marijuana law is which looking at other states vs Michigan's limits on plants and medicine its not the more law enforcement nitpicks minor rule violations turning them into serious felony's something has to change.

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It just makes me laugh when he said oh we could have charged him for the guns he had but we didn't :growl:


Law enforcement does not like losing the cash cow that is the forfeiture law most departments cannot function without it Schuette knows this the federal goverment knows this as well the friendlier the marijuana law is which looking at other states vs Michigan's limits on plants and medicine its not the more law enforcement nitpicks minor rule violations turning them into serious felony's something has to change.


You hit the nail on the head. The biggest issue on marijuana is the money that would be lost. They will never change the law or follow our law due to the fact, they make more money if it is illegal than if it is legal.

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This was in the comments section .


"I am the person this article is about. My name is Jeanne and I have stage 3 terminal Breast Cancer; second in 13 years. I have health, pain issues from surgeries, radiation, chemotherapy. I won't go into all of that, but my decision to use medical marijuana instead of dangerous, addicting opiate drugs for pain and marijuana may offer benefits of anti tumor is what I based my decision on. I am fighting for my life. My husband has the most serious form of arthritis, Rheumatoid; painful, crippling arthritis. He was NOT my caregiver. WE ARE BOTH APPROVED PATIENTS, with a bone fide doctor patient relationship and have been issued a medical marijuana card. We were each growing our allowed amount in an area that we thought was enclosed, fully legal and in compliance with the MM act. We were not hiding this and were unaware that this would be considered "breaking the law". Our enclosed area we thought was proper, as defined in Black's Law Dictionary: 1.an area surrounded on all 4 sides 2. enclosed with a fence. Definiton of facility: 1. an area designated for a purpose. I called the State of Michigan for clarification and was only allowed to leave a message with no call returned. A call to the township led to no answers. The word TOP OR ROOF is never mentioned in the act. Yes, Lawnet found MY guns (2) that I purchased 3 years ago, registered with the sheriff's department and never touched by my husband, as proof from Michigan crime lab looking for his fingerprints on the guns, not even taken in the raid, but taken nearly 3 months after the raid. We need pain relief, not opiates. My husband plead guilty due to the court not allowing him to mention that he is a MM patient at trial. How could he win at trial being found in "contempt of court" to even mention this to a jury? He has no MM defense, due to a 2-1 decision per Court of Appeals from a similar case coming AFTER our raid. Thanks for all the replies in our defense. Someday the benifits of this drug"



Further on a message reads :


"I can't believe Gov Snyder supports this , can't he give a pardon ? Did anyone hear the sentance ?"



Edited by Croppled1
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So, this man was a past convicted felon?



Having 5 grams of cannabis in Florida is a felony that people serve time for . Many activists helping cancer patients around the Country have felonies even young adults that just couldn't attach the penalty with the crime and didn't think . Should he forever be separated from society is that helpful ? Why should that matter in current times though it does at sentencing . The Cannabis laws put someone in a position where they are less then full Citizens every 37 seconds . Many people receive honest medicinal benefit regardless if their State has a medicinal law or not . Where do you think that puts the safety of the rest of Society when you have people feeling not part of it without chances everyone else has for a crime thats been manufactured in the last 70 years . This is legal activity even Canon Law requires we defend and protect participants now . That we create a friendly workable system . Some individuals for personal political gain are making a mockery of our System hurting people . Its time we came up with solutions to drugs in general that hurt nobody and break up the black market profits . Its time we saw our Law Enforcement as true Peace Officers and help again unless real crimes like violence , theft are involved . Never before in the history of our Country have people feared dealing with the Police as now . Grandparents who never did a drug in their lives have had cash taken away when on out of town trips . We need to reign in these politicians supporting this system taking away basic rights that create the opertunities for abuses that are fragmenting our society . .


Drug Policies to consider


Civil Infractions only for personal use and possession


Maintenance programs without ridiculous barriers like exist with methadone now to reduce black market sales and save lives


Voluntary treatment programs of choice so better ones are developed and also less professional requirements lowering cost .



We need to include drug offenders in society not push them away to develop more deviant behaviors . The treatment of children now is ridiculous . Kids are expelled in Ann Arbor for throwing snow balls on the way to school . Most people respond to love and care , tough love has created abuse in practice . In fact treating drug abuse as a crime has created terrible injustices and abuse in general . You just don't hear about it because nobody wants to identify with the victims . Everyone is somebodies child and everyone has the potential to be born again . Patients seeking comfort should never be jailed and it is ridiculous that people still lie about the benefits of Cannabis - it works alone or in conjunction with other medications for many people and we all know it . Is drug use preferable to non drug use of course not . If we ever can stop this madness then elder patients can assist younger ones in making the proper choice to be as drug free as possible . To understand just because their sick and use medications they can have wonderful full lives contributing to society . That we all have to evaluate ourselves and make responsable choices but the key is choice .

Edited by Croppled1
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Additional Article and it appears this man had a felony for activism ealier a manafactured criminal ...growing for his arthritus and his wives first battle wtih Cancer . The public doesnt understand they count the wieght of the plants hypothetically with the stalks in these estimates . It looks sensational instead of what it is a discriminatory pursuit if it wasn't they could of required he adjust to complaince with their definition of enclosed and locked secure facility . That he was a pharmacist who lost his license for the cause only proves how terrible the law is . How did that help society and who better should know about the efficacy of cannabis ? Hopefully one day society will right these wrongs .Simlar to how it came to late but people like Will Geer were vindicated and later give the work they deserved over McCarthyism .




Edited by Croppled1
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