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Bay County Judge Denies Motion For Dismissal In Cases Of Brothers Accused Of Running Illegal Medical Marijuana Dispensary


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BAY CITY, MI — A Bay County judge has ruled that two brothers accused of illegally operating a medical marijuana dispensary will stand trial, despite a defense attorney’s request to have the charges dismissed.


Prosecutors allege Johnnie V. Randall, 34, and Corey R. Randall, 32, while operatingBeacon of Light Compassion Center, 100 N. Catherine St. in Bay City, illegally dispensed marijuana to a confidential informant and an undercover police officer with the Bay Area Narcotics Enforcement Team (BAYANET) in September 2011. Their attorney, Edward M. Czuprynski, in May filed a motion arguing for the cases against the brothers to be dismissed, on the grounds that medical marijuana dispensaries and patient-to-patient exchanges of the substance weren’t illegal until a February 2013 ruling by the Michigan Supreme Court.


Bay County Circuit Judge Joseph K. Sheeran in a ruling date Friday, Sept. 6, disagreed, however, and denied Czuprynski’s motion to drop the brothers’ cases.


Johnnie Randall is a registered patient and caregiver, while Corey Randall is only registered as a patient, court records show.


“At the time of the first purchases, the confidential informant displayed a valid qualified patient card, and the undercover officer displayed a bogus application for a medical marijuana card,” Sheeran’s ruling reads. “Both were allowed to sign up for a free membership to the Center. Neither the informant nor the officer had any designated primary caregiver, and no one associated with the Center was ever registered as a caregiver for either of the two. Both Defendants were present for these sales.”


Sheeran went on to say that Czuprynski’s interpretation of the Supreme Court’s ruling on the Michigan Medical Marihuana Act was misguided.


“The (Supreme) Court did not change the MMMA; it interpreted it and found that the statute was clear,” Sheeran stated in his ruling. “Specifically the … Court held that transfers can only be made under the MMMA if there is a connection between the primary caregiver and qualifying patient through the State registry program.”


10346654-small.jpgView full sizeJohnnie V. Randall

13383335-small.jpgView full sizeCorey R. Randall

The Michigan Medical Marijuana Act states licensed medical marijuana patients may cultivate up to 12 plants yielding 2.5 ounces of usable marijuana for their own use and, if they’re caregivers, up to 60 plants for five patients registered to them. Patients may legally compensate their caregivers for time and resources spent cultivating the crop.


Sheeran also denied another motion filed by Czuprynski, that the Randalls could assert an affirmative defense that any exchanged marijuana was for medical purposes.


“Although both Defendants had patient cards, the transfers made to the confidential informant and undercover officer in this case were not for the purpose of alleviating Defendants’ own debilitating medical condition(s) or symptoms associated with Defendants’ debilitating medical condition(s),” the judge’s ruling states.


The Randalls are each charged with six counts of delivering or manufacturing marijuana and two counts of maintaining a drug house. A former employee of theirs, Joshua J. Perry, is also charged with two counts of delivering or manufacturing marijuana.


The charges against the trio resulted from an undercover operation by BAYANET. Tonya Laubscher, a Midland police officer working with BAYANET, previously testified she posed as a medical marijuana patient with an alias driver's license and fake doctor's certification when she entered the shop on Sept. 26, 2011, and purchased a gram of marijuana for less than $20. Perry handed Laubscher the substance, she said.


BAYANET raided the shop about a month before Laubscher's undercover purchase and again the day after she reportedly obtained the marijuana.


The Randalls are scheduled for trial before Sheeran on Tuesday, Oct. 22. In his ruling, Sheeran stated the Randalls could appeal his decision prior to the trial date.


Czuprynski said he plans on filing such an appeal.


"I'm confident that we will ultimately prevail," Czuprynski said. "It's a very wide open issue." 

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yes the supreme court laid it out that everyone gets a making whoopee sec8 hearing.

if the judge denies, it says in king kolanek opinion to appeal...

 

but thats an interesting thing, the judge says it wasnt to alleviate the patients condition?

then why did the cop present a medical marijuana cert/application ?

 

why did police bother with a medical marijuana cover?

it only clouds the issue and maybe even tosses the whole case.

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yes the supreme court laid it out that everyone gets a making whoopee sec8 hearing.

if the judge denies, it says in king kolanek opinion to appeal...

 

but thats an interesting thing, the judge says it wasnt to alleviate the patients condition?

then why did the cop present a medical marijuana cert/application ?

 

why did police bother with a medical marijuana cover?

it only clouds the issue and maybe even tosses the whole case.

You don't say then why did they try so hard to stop us?

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That's OK Bob they doubly hate Me :). Brings me to say Follow The Yellow Brick road. But be care they only have a half a Brain !!

agreed Mr. King 

 

 

 

 

 

 the Randalls could appeal his decision prior to the trial date.

Czuprynski said he plans on filing such an appeal.

"I'm confident that we will ultimately prevail," Czuprynski said. "It's a very wide open issue." 

 

 

Has  this Lawyer been reading the rulings coming out of the C.O.A 

 

And will they be able to have a Sec 8 hearing? 

because how is the Doctor going to testify  two this ?

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