Marijuana Growers, Soon To Be Federal Prisoners

[maxmax]

GRAND RAPIDS, MI – John Clemens Marcinkewciz II reports to a Duluth, Minn., federal prison on Jan. 8. His girlfriend, Shelley Waldron, reports to a Lexington, Ky., prison two days later.

 

The two are both registered medical marijuana caregivers and patients, and said they wouldn’t be in this trouble – federal prosecution for growing marijuana – if not for Michigan’s medical marijuana law.

 

Both will take part in a live chat on MLive.com at noon Friday, Dec. 21.

 

They will be joined by Kalamazoo attorney Daniel Grow, who specializes in medical marijuana cases. Grow represents Joseph Casias, who was fired by Walmart in Battle Creek after he failed a drug test. Casias, who has an inoperable brain tumor, used marijuana after work.

 

 

If you have questions for any of them, join the chat, leave questions in the comment section below, or write jagar@mlive.com.

 

Marcinkewciz said they would not have grown marijuana if not for Michigan's medical marijuana law passed by voters in 2008.

 

He contends that the U.S. is nearing the end of marijuana prohibition, but some are forced to pay a high price – both financially, and with their freedom. He said legal fees have wiped out his retirement savings.

 

“Hopefully, something good will come out of what we have put our families through,” Marcinkewciz, the son of a former county prosecutor, said recently.

 

“I have a hard time believ(ing) my whole life working like a dog, owning businesses employing up to 30-plus people at a time, paying taxes … has come to this: prison,” he wrote in an email.

 

Marcinkewciz pleaded guilty to manufacture of 100 or more marijuana plants and conspiracy. Both charges carry minimum prison terms of five years.

 

Marijuana possession and manufacture is illegal under federal law.

 

He was not able to use Michigan’s medical marijuana law as a defense in federal court. He was originally charged in Mecosta County District Court but charges were dropped.

 

Police say he and Waldron, along with his nephew, who is already imprisoned, had 208 plants. The government said the state medical marijuana law does not allow cooperative growing, and he had too many plants under state law.

http://mobile.mlive.com/advgrapids/pm_29287/contentdetail.htm?contentguid=8owqfZ4j

Edited December 22, 2012 by maxmax

[pic book]

It' s a numbers game and no legal fiction involving 'collective growing' evades feds and makes for legal safety in CA or MI; or as we are going to see, in WA and CO, despite "legality".

[t-pain]

from the "live chat" aka comments on the article, the feds counted every 'clone' he had in his trash.

 

whether or not you believe him, it makes sense that if you are pruning your plants, you should immediately use your plant material, or destroy it to avoid being over on your plant count.

 

some poeple on this site have said intent matters, e.g. "if its in rockwool its a clone, but if its in your trash its not".

i dont believe this is sound advice, and to make ABSOLUTELY SURE you should destroy anything thats not connected to a plant. either by fire or boiling, etc.

 

imo his lawyer sounds kinda stupid. remember what njweedman said.

your lawyer will not argue for jury nullification. you must do this yourself.

if you are disallowed from this defense by the judge, you need to just blurt it out, often and loud to the jury.

Edited December 24, 2012 by t-pain

[pic book]

re 'jury nullification'

if you are disallowed from this defense by the judge, you need to just blurt it out, often and loud to the jury.

if you have not been gagged at the judge's order, you have not yet spoken up sufficiently