Police: Pinconning Couple Grew, Sold Pot Months After Medical Marijuana Certification Expired

[maxmax]

BAY CITY, MI — Two Pinconning residents are charged with several felonies after police allege the couple continued growing and selling pot for months after their certifications asMedical Marijuhana patients expired.

Craig S. Derosia, 49, and wife Cynthia L. Derosia, 39, are each charged with two counts of delivering and manufacturing marijuana and felony firearm. Craig Derosia also faces a charge of felon in possession of a firearm and a third count of felony firearm.

Police reports contained in court records indicate that the evening of Sept. 23, a Pinconning police officer conducted a routine traffic stop which resulted in the seizure of marijuana. The stop led police to visit the Derosia home at 1715 E. Pinconning Road.

Although police didn’t have a warrant, the Derosias gave signed consent for them to search the residence, court records indicate.

Police located five marijuana plants in one bedroom and eight plants in a green house on the property, as well as a .410 shotgun and a Taser, court records show. In total, officers found about 344.6 grams of processed marijuana.

Officers also discovered scales and packing material, which they wrote are “consistent with narcotics trafficking.”

The Derosias told police they were medical marijuana patients, though their cards were expired. They said they paid to have their certifications renewed and expected the renewals to be coming in the mail, court records show.

Cynthia and Craig Derosia

 

Officers determined the Derosias’ certifications expired July 1, 2012.

The Derosias told police they used the marijuana for themselves. Craig Derosia said he used to grow for other patients, but had ceased.

Cynthia Derosia said the shotgun belonged to her son, court records show.

Under the MMMA certified caregivers provide marijuana for up to five registered patients and themselves. They can grow up to 12 plants producing 2.5 ounces of usable marijuana for each of their patients.

Certified patients and caregivers must pay an annual fee of $100 to renew their certification.

Between Oct. 1, 2011, and Sept. 30, 2012bay county had 1419 registered cannabis users, two of them younger than 18, as well as 558 caregiver registrations.

The Derosias on Feb. 28 voluntarily appeared for their arraignments in Bay County District Court. They have retained Saginaw attorney David Hoffman to represent them.

The Derosias are scheduled to appear for a preliminary examination before Bay County District Judge Dawn A. Klida at 9:30 a.m. on Wednesday, March 13.

[Kingdiamond]

"Although police didn’t have a warrant, the Derosias gave signed consent for them to search the residence, "

 

GET A WARRANT I DO NOT CONSENT TO ANY SEARCH!

 

"Officers also discovered scales and packing material, which they wrote are “consistent with narcotics trafficking.”

 

Seriously?

 

We have to weigh each amount we give our patients and it must be carried in something correct or are we just suppose to hand them an ounce of buds and expect them to hand carry them to their homes ?

[maxmax]

bay county had 1419 registered cannabis users two of them younger than 18, as well as 558 caregiver registrations.

 

and they tell us that no one know if you are a patient leo can't find out?

[Kingdiamond]

Why is the use of scales and baggies an automatic clue to drug dealing ?

 

 

 

 

 

With all the face to face talks with legislators did no one remember to ask them to allow carded patients and caregivers to possess these simple household items without them being used as evidence pointing to drug dealing ?

 

Some people require a scale to weigh out their food portions and baggies are great to seal sandwhiches and other perishables im sure if you did a search at every home on every block each would have ziplock baggies and the majority own a scale of some fashion this outdated 1970s enviroment in law enforcement is sickening.

[mibrains]

Why is the use of scales and baggies an automatic clue to drug dealing ?

 

With all the face to face talks with legislators did no one remember to allow carded patients and caregivers to possess these simple household items without them being used as evidence pointing to drug dealing ?

 

4 (h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

 

would scales not be deemed marihuana paraphernalia?

[Kingdiamond]

4 (h) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

 

would scales not be deemed marihuana paraphernalia?

 

You would think so i understand these people were not currently legal but ive read of dozens of cases where the people were carded yet the mention of scales and packaging material was put in the report making Joe and Jane public believe that the people they are reading about must be drug dealers why else would they have scales and baggies?

 

 

Negating the fact that its a needed item in caregiving and growing .

[Herb Cannabis]

They pulled this same thing on my friend, it really should make leo look silly in court. With out a scale how do you ensure that your patient has no more than what is allowed by the act? Leo is not thinking clearly.

[Ms Chocolate]

A patient without a card is not covered under Section 4 protections. If all this couple had was their doctor’s recommendation, they were targeted for arrest. The story said the couple claimed to be waiting for cards, but did not mention any doctor’s note. This happened in September, they may have their cards now, but at the time of arrest coverage would be under Section 8. This might be a good thing, since they held 12 ounces (11 troy ounces) of usable material, The 344.6 grams listed in the story make it sound like it was so much more. The story also did not mention the grow areas being locked, a requirement of Section 4. I hope they went to a righteous doctor.

[maxmax]

A patient without a card is not covered under Section 4 protections. If all this couple had was their doctor’s recommendation, they were targeted for arrest. The story said the couple claimed to be waiting for cards, but did not mention any doctor’s note. This happened in September, they may have their cards now, but at the time of arrest coverage would be under Section 8. This might be a good thing, since they held 12 ounces (11 troy ounces) of usable material, The 344.6 grams listed in the story make it sound like it was so much more. The story also did not mention the grow areas being locked, a requirement of Section 4. I hope they went to a righteous doctor.

doesn't the law say something about a 21 day thing? so the doctors letter and 21 day is as the same as a card?

[Ms Chocolate]

doesn't the law say something about a 21 day thing? so the doctors letter and 21 day is as the same as a card?

Just going by what was in the story. The couple claimed to be waiting for cards, but there was not mention of how many days or of them presenting their doctor's statement. Otherwise, they are just a couple of people (non-patients) who were growing, and choose to show their grow to the police.

Edited March 10, 2013 by Ms Chocolate

[Restorium2]

Theirs cards had expired last July.

[ozzrokk]

This case may ultimately hinge on how long their Dr CERTIFICATION is valid PER SECTION 8. A question that has been asked but no REAL answers.....

[SFC]

Even with that tho Oz they still may have trouble with the 344 grams.

[Hayduke]

Oz is right on the first step, they need to prove a doctors recommendation prior to arrest, or they can't claim a section 8 at all....

 

Hopefully they have a reasonably current doctors rec so they are allowed to argue the weight under section 8.

[Restorium2]

I wonder what they could tell the judge as to why they didn't renew their cards? This needs to be a solid story for the judge to see their point of view.

[ozzrokk]

I wonder what they could tell the judge as to why they didn't renew their cards? This needs to be a solid story for the judge to see their point of view.

 

 

In my opinion the reason why will not matter. Law does not state unregistered for a good reason it states unregistered. Section 8 requires 3 points and that is it and reason why you are not registered is not one of them. However as stated before the Dr rec. and reasonable amounts are 2 of the 3 points. We may just find out how long a recommendation is good for when it comes to being unregistered.

[SFC]

Providing they don't plea out we may find out this time.

[CaveatLector]

 

 

In my opinion the reason why will not matter. Law does not state unregistered for a good reason it states unregistered. Section 8 requires 3 points and that is it and reason why you are not registered is not one of them. However as stated before the Dr rec. and reasonable amounts are 2 of the 3 points. We may just find out how long a recommendation is good for when it comes to being unregistered.

Intent as to why they didn't register is relevant if the reason is because they no longer had a qualifying condition.

[ozzrokk]

Yep the good ole plea..... That may put a wrench in it that is for sure.

[ozzrokk]

Intent as to why they didn't register is relevant if the reason is because they no longer had a qualifying condition.

Well yea thats a given....

[t-pain]

i dont see any records of these two in the bay county courts case search.

 

i'm guessing they won? http://www.baycountycourts.com/

[trichcycler]

I hope they won. If they mailed their valid papers, and are awaiting a denial or a cards, I believe they are victims of the system.

[bobandtorey]

I also hope they did win but if they had they would have came back here to rub it inn in a good way so i say they didn't win 

 

as if you count the $$ spent by them on Lawyers fees  there is only one winner the Courts and the County 

[t-pain]

when i say 'won' i mean 'won their freedom'.

 

possibly they dont even know about our fine site here to come back and gloat.

or possibly they are still in the court system, who knows. someone would have to contact that lawyer/court to find out.

[bobandtorey]

when i say 'won' i mean 'won their freedom'.

 

possibly they dont even know about our fine site here to come back and gloat.

or possibly they are still in the court system, who knows. someone would have to contact that lawyer/court to find out.

Thanks i agree