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More Bay City Charges


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More charges in bay city

 

BAY CITY — Another group of three licensed medical marijuana growers has been charged with a slew of felonies for reportedly selling their crop from a Bay City compassion club.

 

Peggy M. Horner, 53, was arraigned Thursday on single felony counts of conspiracy to manufacture marijuana, delivering or manufacturing five to 45 kilograms of marijuana and delivering or manufacturing marijuana. Horner voluntarily appeared for her arraignment and Bay County District Judge Mark E. Janer placed her on a personal recognizance bond.

 

Horner’s husband, Terry L. Horner, 57, and Ernest R. Rahn, 55, were arraigned earlier this month on a combined 19 felony counts related to marijuana manufacturing and distribution. They likewise appeared for their arraignments voluntarily.

 

Police allege the Horners and Rahn sold marijuana from E.T. Education & Compassion Club, 316 S. Henry St. in Bay City, which the Horners and Rahn have owned and operated since 2010.

 

A state Court of Appeals ruled in August that “patient-to-patient sales” of medical marijuana is prohibited. However, licensed growers are allowed to cultivate up to 12 plants for his or her own use, and up to 60 plants for five registered patients. The law does not prevent patients from compensating caregivers for time and resources spent cultivating their crop. It does not define the amount of compensation.

 

On Aug. 31, the Bay Area Narcotics Enforcement Team, or BAYANET, raided the club, their Essexville home and Rahn’s Frankenlust Township home. Officers reportedly found 965.5 grams of marijuana and 92 plans at the Horners house, 22 plants at Rahn’s house and 40 plants and assorted “medibles” — edible marijuana products — at the compassion club, court records show.

 

The same day, BAYANET raided Beacon of Light Compassion Center, 100 N. Catherine St. in Bay City. A second raid of that club followed on Sept. 27.

 

Beacon of Light owners Johnnie V. Randall and Corey R. Randall, as well as licensed grower Joshua P. Perry, were charged Dec. 12 with a combined 18 criminal counts. Police have said staff at the center sold marijuana to undercover officers.

 

Attorney Donna Beasley-Gibson, representing the Randalls, has said the center only accepts donations and that staff does not dispense marijuana unless a patient provides the necessary documentation.

 

Southfield attorney Michael Komorn is representing the Horners, while Bay City attorney Matthew L. Reyes is defending Rahn.

 

The trio is scheduled to appear for a preliminary examination before District Judge Timothy J. Kelly at 3:30 p.m. on Jan. 11. The Randalls and Perry are coincidentally scheduled for a preliminary hearing the same day at 2:30 p.m.

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There is a pattern that is developing here that we all need to be careful of. Over and over we are seeing the arrest of people who would otherwise never be involved with the criminal justice system but for their belief, weather mistaken or not , that they were in compliance with the law. The violations are merely technical, yet we have begun to accept this, many happy that it is not them. The pattern I wanted to point out in this case, I know it to be true because these are my clients, is that we are seeing Husbands and Wife's , couples, families, who are the victims of all this, being thrust into the system to defend themselves. Thier is not any discretion being afforded to reasonableness. It is still arrest first ask questions later. You will fight it out in the Courts. The accused are required to know the law better than those who are enforcing it's violations. Also I can tell you that both of the accused in this case are very sick. In fact after I told the wife Peggy of the charges, and what to expect in the coming months, she had a heart attack. They did not report that fact. Is this the Swiss cheese? Are these the folks who have hijacked this law as pot profiteers? I don't think so.

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There is a pattern that is developing here that we all need to be careful of. Over and over we are seeing the arrest of people who would otherwise never be involved with the criminal justice system but for their belief, weather mistaken or not , that they were in compliance with the law. The violations are merely technical, yet we have begun to accept this, many happy that it is not them. The pattern I wanted to point out in this case, I know it to be true because these are my clients, is that we are seeing Husbands and Wife's , couples, families, who are the victims of all this, being thrust into the system to defend themselves. Thier is not any discretion being afforded to reasonableness. It is still arrest first ask questions later. You will fight it out in the Courts. The accused are required to know the law better than those who are enforcing it's violations. Also I can tell you that both of the accused in this case are very sick. In fact after I told the wife Peggy of the charges, and what to expect in the coming months, she had a heart attack. They did not report that fact. Is this the Swiss cheese? Are these the folks who have hijacked this law as pot profiteers? I don't think so.

 

 

This madness simply has to stop. Good luck and good health to your clients. Hopefully justice will prevail

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In fact after I told the wife Peggy of the charges, and what to expect in the coming months, she had a heart attack. They did not report that fact.

 

That is the most horrible part of this - even if they can come out the other side without doing any prison time, their lives have now been irrevocably damaged and unlikely they can ever be made whole again. The time has come to stop hoping that one day "they" will be reasonable and admit it "was all just a misunderstanding" - the time has come to truly push for an end to Cannabis Prohibition. Everyone tried to take the patients off the battlefield, but now they *are* the battlefield - being trampled upon by soldiers of war intent on capturing their forfeited assets and retaining their federal task force monies.

 

This must end.If not now, then when?

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This is why the MMMA.org forum has to change for the better. We have to continue our goal to a safe, educational forum where people can get reliable, legitimate advice on how to use the MMMAct.

 

People are dying over the war on drugs, Sal Agro and Peggy, are literally putting their lives on the line to make the MMMP work.

 

DN

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