Croppled1 Posted July 14, 2011 Report Share Posted July 14, 2011 (edited) Mr Peck found this and posted it at the BACC . I thought I would share it with you . http://www.livingsto...|text|Frontpage 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 firstname.lastname@example.org. 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 July 14, 2011 by Croppled1 Quote Link to comment Share on other sites More sharing options...
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