peanutbutter Posted September 18, 2011 Report Share Posted September 18, 2011 18 Sep 2011 Traverse City Record-Eagle (Traverse City, MI) BY ALEX PIAZZA apiazza@record-eagle.com Prosecutor won’t pursue charges over ‘contraband’ “It’s not something we should be using our resources to prosecute. If there’s violence or some other crime involved, we’ll prosecute that.” Grand Traverse County Prosecutor Alan Schneider TRAVERSE CITY — Call it a drug deal gone bad. A local caregiver, 37, stashed 5 ounces of medical marijuana in a toolbox on Sept. 3 and loaded it in his vehicle. He drove to a parking lot along West Front Street and planned to sell 5 ounces to two local men. The two men arrived at the parking lot and met the caregiver in his vehicle to finalize the deal. He unlocked his toolbox, showed them the marijuana and requested $660, a figure he said they previously agreed upon. Instead of paying the caregiver, one man took the toolbox and fled, while the other snuck out the rear door, police said. Authorities investigated and asked Grand Traverse County prosecutors to charge the men with strong-armed robbery, city police Capt. Brian Heffner said. But county Prosecutor Alan Schneider declined to pursue criminal charges against the two men. Schneider said the two men weren’t registered with the caregiver as medical marijuana patients, which he said would make the Sept. 3 deal an “illegal transaction.” Schneider also said he’s never pursued charges in cases that involve stolen contraband. “Larceny is defined as a crime of possession,” Schneider said. “Contraband cannot be lawfully possessed. If someone does not lawfully possess, then you haven’t violated their right to lawfully possess it.” Schneider considers marijuana contraband, in part because of his interpretation of a recent Michigan Court of Appeals ruling that bars the sale of medical marijuana from patient-to-patient. The appeals court ruling took effect shortly before the Sept. 3 incident. The court’s decision prompted many local dispensaries and collectives — where certified patients sold pot to one another — to close. Dispensaries and collectives took root thanks to the Michigan Medical Marijuana Act, a 2008 voter-approved initiative that allowed patients to possess up to 2.5 ounces of marijuana and 12 plants. The act also allowed caregivers to grow plants and distribute them to up to five patients. Schneider also said he doesn’t plan to pursue charges against the caregiver for what he considers an “illegal transaction.” “I’m not interested in charging him with an unlawful sale because the law is somewhat unsettled,” Schneider said. “It’s not something we should be using our resources to prosecute. If there’s violence or some other crime involved, we’ll prosecute that. That’s my interpretation, and I’m sure other prosecutors disagree.” The caregiver could not be reached for comment. Quote Link to comment Share on other sites More sharing options...
peanutbutter Posted September 18, 2011 Author Report Share Posted September 18, 2011 http://record-eagle.com/local/x1492496599/Prosecutor-wont-pursue-pot-case-charges Link to the story. Quote Link to comment Share on other sites More sharing options...
bobandtorey Posted September 18, 2011 Report Share Posted September 18, 2011 http://record-eagle....ot-case-charges Link to the story. WOW! Quote Link to comment Share on other sites More sharing options...
blissfest Posted September 18, 2011 Report Share Posted September 18, 2011 I wish wether or not a Caregiver can trasfer meds to "ANY" patient could be verified!!! Quote Link to comment Share on other sites More sharing options...
Guest Indica Jones Posted September 18, 2011 Report Share Posted September 18, 2011 Quote Link to comment Share on other sites More sharing options...
Frank R Posted September 18, 2011 Report Share Posted September 18, 2011 Grand Traverse County Prosecutor Alan Schneider's decision effectively puts cross hairs on the backs of everyone involved in the MMJ community... What happens to a comminity when they find their community protective services wont defend them from hostile forces? What happens to a community when they find their community protective services are amongst those hostile forces? What does a community do when their elected officials adamantly refused to honor the Constitutional rights of that community? What does a community do when those same elected officials work to reduce or eliminate those rights all together? Historically they either disseminate or rise up... Save yourself Save your community Recall Snyder! Recall Shuette! Quote Link to comment Share on other sites More sharing options...
legacy Posted September 18, 2011 Report Share Posted September 18, 2011 I wish wether or not a Caregiver can trasfer meds to "ANY" patient could be verified!!! C2P transfers are medical use, per section 4e of the law. This story is a case of Prosecutor Schneider ignoring section 4b. http://www.legislature.mi.gov/%28S%282x3qbnmxrwzcfv450hb2hink%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26424 Quote Link to comment Share on other sites More sharing options...
Natural Remedies MGR Posted September 18, 2011 Report Share Posted September 18, 2011 I wish wether or not a Caregiver can trasfer meds to "ANY" patient could be verified!!! Be careful what you wish for. The same court that would make such a decision could decide the other way. I'm,not suggesting it would be "legally possible" but we already know how well the law is followed. Quote Link to comment Share on other sites More sharing options...
Mememe Posted September 18, 2011 Report Share Posted September 18, 2011 Its not contraband if the receiver of the MM has a card. If they don't have a card, the police should go after for possession and get the meds back. Either way Schneider is wrong. Quote Link to comment Share on other sites More sharing options...
Croppled1 Posted September 18, 2011 Report Share Posted September 18, 2011 The uneven enforcement of law is a huge problem . I wonder if the motivation in this instance is to spare any chance of political pressure to also charge the caregiver . The bottom line is law enforcement doesn't respect the honest medicinal requirement of different patients . This isn't' something you can do without if your truly suffering . I am amazed it has been three years and you can't use cannabis in most cases if hospitalized and people fear emergency rooms and testing whom are on the program . Most poor reactions and laws are sprouting from the improper belief that patients do not need constant dosing and somehow cannabis is more debilitating then the suffering it relieves . This is simply not true in most instances for qualified patients . Quote Link to comment Share on other sites More sharing options...
+EdwardGlen Posted September 18, 2011 Report Share Posted September 18, 2011 That 'judge' needs to be voted out of office... Quote Link to comment Share on other sites More sharing options...
bumrush Posted September 18, 2011 Report Share Posted September 18, 2011 truly my experience with local leo has been the exception. I will never call them again for anything. Got by that way for over 20 years... Quote Link to comment Share on other sites More sharing options...
Croppled1 Posted September 18, 2011 Report Share Posted September 18, 2011 Robbers attack homeowner and steal medical marijuana plants <H2></H2>September 18, 2011 12:14 PMCALHOUN COUNTY, Mich. (NEWSCHANNEL 3) - Deputies are searching for two men who kicked in a door, attacked a homeowner and stole several medical marijuana plants. The home invasion and robbery happened at a home on J Drive South in Burlington Township around midnight Sunday. The 60-year-old homeowner called for help after he said two men kicked in the door to his home and hit him in the head with a flashlight. He said the two men then stole several marijuana plants from his home and took off. The homeowner is a licensed Michigan Medical Marijuana Caregiver. Both robbers are described as 5'8" and about 160 lbs. One had long dark hair both were wearing dark sweat pants and dark bandanna's covering their faces. The homewoner received minor injuries during the robbery and is expected to be okay. Anyone with any information is asked to call the Calhoun County Sheriff Detective Bureau at (269)781-0911. Quote Link to comment Share on other sites More sharing options...
drtarzanmd Posted September 18, 2011 Report Share Posted September 18, 2011 I Suggest ALL CAREGIVERS go get a CARRYING CONCEALED WEAPONS PERMIT .... Get Cameras ... Get Alarms .... Bolt your Back Door Shut on your Home , So You Only have ONE EXIT Protect yourself w/ anything you can think of ... Never Go Alone to help someone ... What Other Choices Do We Have ? ? ? ? Quote Link to comment Share on other sites More sharing options...
Ten4GoodBuddys Posted September 18, 2011 Report Share Posted September 18, 2011 WOW. Absurd. Quote Link to comment Share on other sites More sharing options...
Frank R Posted September 18, 2011 Report Share Posted September 18, 2011 I Suggest ALL CAREGIVERS go get a CARRYING CONCEALED WEAPONS PERMIT .... Get Cameras ... Get Alarms .... Bolt your Back Door Shut on your Home , So You Only have ONE EXIT Protect yourself w/ anything you can think of ... Never Go Alone to help someone ... What Other Choices Do We Have ? ? ? ? WASP SPRAY is another choice. Guns are fun and all, but some folks may hesitate when it comes down to pulling that trigger and executing ultimate justice. Where as, no many folks are gonna hesitate to push the button on a can of Wasp spray, and not stop spraying until the can goes pffffffffft.... Quote Link to comment Share on other sites More sharing options...
Honeyoil Posted September 19, 2011 Report Share Posted September 19, 2011 You don't want to bring a _____ to a gun fight. Unless _____ is a hand grenade, or some-such. :-) Quote Link to comment Share on other sites More sharing options...
ozzrokk Posted September 19, 2011 Report Share Posted September 19, 2011 This is absolutely unreal. Quote Link to comment Share on other sites More sharing options...
Big J Posted September 19, 2011 Report Share Posted September 19, 2011 Robbers attack homeowner and steal medical marijuana plants <H2></H2>September 18, 2011 12:14 PMCALHOUN COUNTY, Mich. (NEWSCHANNEL 3) - Deputies are searching for two men who kicked in a door, attacked a homeowner and stole several medical marijuana plants. The home invasion and robbery happened at a home on J Drive South in Burlington Township around midnight Sunday. The 60-year-old homeowner called for help after he said two men kicked in the door to his home and hit him in the head with a flashlight. He said the two men then stole several marijuana plants from his home and took off. The homeowner is a licensed Michigan Medical Marijuana Caregiver. Both robbers are described as 5'8" and about 160 lbs. One had long dark hair both were wearing dark sweat pants and dark bandanna's covering their faces. The homewoner received minor injuries during the robbery and is expected to be okay. Anyone with any information is asked to call the Calhoun County Sheriff Detective Bureau at (269)781-0911. This kind of thing is what B.S. loves he can say see see I told you so. Problem how did they know? You have to be careful and not run your lips remember loose lips and all. Only reason growing else where is nice almost no one knows where my grow closet is. Just it is in a more MM friendly township. As for getting robbed bring a friend, I only deal with people I know or people form this site. Even with people of this site I check you post and try and read into it. If someone rips you off 9 times out of 10 it is your fault for not being careful. Hey I have been there. I have done stupids stuff in my life and paid a price. I just have to remember being a married man with kids I have to take this to the next level of careful. The guy is lucky TVC is MM friendly he would have been in jail in this area. Quote Link to comment Share on other sites More sharing options...
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