Healing Or Dealing? Grand Rapids Medical Marijuana Dispensary Owner Heads To Trial

[bobandtorey]

GRAND RAPIDS, MI – Dave Overholt likes to use the expression “It’s healing, not dealing.”

That’s his boiled-down view of the medical marijuana dispensary he owns, called the Mid-Michigan Compassion Club.

It’s a small, nondescript business on Leonard Street NW, just a few blocks west of Alpine Avenue.

There, registered medical marijuana patients can go with registered caregivers to get small amounts of marijuana for $10 a gram.

The business has been in a state of flux, however, since Grand Rapids Police in early March raided Mid-Michigan Compassion Club as well as two other dispensaries, Natural Wellness on Taylor Avenue NE and Purple Med on Plainfield Avenue NE.

Police say dispensaries are against the law and not authorized under the Michigan Medical Marijuana Act approved by voters in 2008.

Overholt is betting a jury will decide differently.

After the March raid, he was charged with delivery or manufacture of marijuana, maintaining a drug house and delivery or manufacture of narcotics – three felonies. The operators of the other two dispensaries, Anthony Ryan Brown with Natural Wellness and Samer Hamed with Purple Med, face similar charges.

Overholt’s case is furthest along and is expected to play out in a Kent County courtroom starting Monday.

“I think this is going to be a really big case for a lot of people across the state,” Overholt said. “It’s going to give a defined direction about dispensaries.”

He believes he is operating within the law, based on the club’s “caregiver to caregiver” marijuana transfer system instead of previously outlawed “patient-to-patient” systems.

But Kent County prosecutors say Overholt has misconstrued the law.

 

Medical marijuana grower Dave OverholtDave Overholt talks about growing medical marijuana.

“You can only transfer to your own patients and no one else,” said Tim McMorrow of the Kent County Prosecutor’s Office. “Our position is the caregiver-to-caregiver model is illegal.”

The state’s medical marijuana law allows for registration of both caregivers and patients. A caregiver can have up to five patients, grow up to 12 marijuana plants each for them and have up to 2.5 ounces of useable marijuana on hand for each patient.

 

Across the state, the focus on dispensaries heated up after a February state Supreme Court ruling that many legal scholars viewed as imposing an outright ban on dispensaries.

 

http://www.mlive.com/news/grand-rapids/index.ssf/2013/09/legal_or_not_grand_rapids_medi.html

[solabeirtan]

The reality is they didn't outlaw Patients obtaining their Meds wherever they are to be located.

 

Understood Cannabis is not legally covered until said Patient has the 2.5 ozs in his possession.

 

At this time the  criminality of the supplier is extinguished and the Patient is of course able at this time to use the Cannabis for its therapeutic value. 

 

It's the Law.

 

Capitalism in this case doesn't trump Compassion, sorry ...

[bobandtorey]

Owner of Mid-Michigan Compassion Club Agrees to Plea Deal

Read more: http://fox17online.com/2013/09/16/owner-of-mid-michigan-compassion-club-agrees-to-plea-deal/#ixzz2f6Cq1B2w

[bobandtorey]

GRAND RAPIDS, Mich.– The case for the owner of the Mid-Michigan Compassion Club will not be going to a jury at this time. Instead, David Overholt agreed to a plea deal that could get him out of any jail time. But he will have to close his store.

 

When David Overholt said the judge would not allow him to use his medical marijuana card to help his defense of selling medical marijuana to patients and other caregivers, he decided to take the prosecutor’s deal.

 

Overholt plead guilty to one count of possession with intent to deliver marijuana, which carries a maximum of four years. In turn, prosecutors dropped charges of running a drug house and selling an item made with a type of schedule 1 drug.

That means it had a high potential for abuse.

Overholt must also close up his Grand Rapids shop to possibly avoid jail time.

 

“I guess the best question is, what do the poor people do that need the medicine?” Overholt said. “From day one, everyone understands I’ve been open-window clear. What I do, how I do it and who I do it to. I’ve never had an agenda. It’s always been open to the public and open to the police.”

 

Overholt has claimed all along the intent of the state’s medical marijuana act allows caregiver to caregiver transfers.

But, detectives say Grand Rapids police have been well versed on what to look for since the law passed in 2008.

 

“Through our investigation, many people were being sold to, far beyond the scope of what that caregiver provides initially,” said Jim Watson, detective with GRPD.

Overholt will now have to shut down his shop by the end of October.

 

“I truly believe that people anticipated picking up meds in what they thought was a safe environment, high quality, tested to ensure they are proper and high quality meds without risk of being robbed shot,” said Overholt. “I’m afraid now this is just going to put them all right back on the street.”

 

Overholt and his attorney are filing a motion to have this appealed. It could ultimately go before the Michigan Supreme Court. Overholt will be sentenced November 7th.

Read more: http://fox17online.com/2013/09/16/owner-of-mid-michigan-compassion-club-agrees-to-plea-deal/#ixzz2f6DGWIsd

Edited September 16, 2013 by bobandtorey

[beourbud]

David was just Wrong

 

Wrong about what the law says ...Wrong about what the trial would impact...Wrong about the jury trial

 

I guess there was to much dealing and not enough healing.

 

Now he is but hurt , broke and begging for mercy

 

Dont be like David....

 

The CG/PT system we have is the best in the US....Lets Roll with it

Edited September 16, 2013 by beourbud

[t-pain]

didnt know you could appeal a plea deal?

or is he appealing the right to his sec8 defense? hmmm

[BirdHunter]

I find it hard to believe there was no questions of fact in the section 8.

[GrassMonkey]

Why are they trying to keep the medical card defense out of court so hard?

 

Are they afraid if one person uses it then it'll create domino effect?

 

Never heard of no jail time for manufacture unless you were a narc.

[Celliach]

I'm not saying it's right, but I think the courts reasoning on cases like this has been that selling MMJ it isn't alleviating the person's medical condition.....even if it's alleviating someone else's.  Under that reasoning, Section 8 wouldn't apply.

[bobandtorey]

I find it hard to believe there was no questions of fact in the section 8.

Sorry

But how many times does someone have to post you can not have a jury trial and use your card this is only my opinion if anyone know it has been done pleas post the link butYes you may have a Sec 8 hearing and a trial by a Judge 

[t-pain]

I'm not saying it's right, but I think the courts reasoning on cases like this has been that selling MMJ it isn't alleviating the person's medical condition.....even if it's alleviating someone else's.  Under that reasoning, Section 8 wouldn't apply.

 

the supreme court said every patient gets to have a sec8 defense, a motion to dismiss, and an evidenciary hearing.

 

the judge cant just say 'oh it doesnt apply here'. if they have a reccomendation from a doctor, after 2008, but before they were arrested, they get to have the sec8 hearing.

 

AND, if the judge denies the sec8 dismissal, the patient may appeal it.

 

the word 'jury' does not exist in the MMMA. i'm not sure when or why people thought sec8 dismissal motions had to be shown to a jury?

[motorcitymeds]

Sorry

But how many times does someone have to post you can not have a jury trial and use your card this is only my opinion if anyone know it has been done pleas post the link butYes you may have a Sec 8 hearing and a trial by a Judge 

Can I say Legalization...................................................................!!!!!!!!!!!!!!!!!!!!!!!!!!!1

[Kingpinn]

Owner of Mid-Michigan Compassion Club Agrees to Plea Deal

 

Read more: http://fox17online.com/2013/09/16/owner-of-mid-michigan-compassion-club-agrees-to-plea-deal/#ixzz2f6Cq1B2w

 

I say fight on brother . They the nay sayers ( A G and his thugs ) are the people with the clouded view of all this. Jury would not let you go to jail . Bill Schute's gang on the other hand want to seize your property and put you in a privatized prison Supreme court Larry

Owner of Mid-Michigan Compassion Club Agrees to Plea Deal

 

Read more: http://fox17online.com/2013/09/16/owner-of-mid-michigan-compassion-club-agrees-to-plea-deal/#ixzz2f6Cq1B2w

[Celliach]

the supreme court said every patient gets to have a sec8 defense, a motion to dismiss, and an evidenciary hearing.

 

the judge cant just say 'oh it doesnt apply here'. if they have a reccomendation from a doctor, after 2008, but before they were arrested, they get to have the sec8 hearing.

 

AND, if the judge denies the sec8 dismissal, the patient may appeal it.

 

the word 'jury' does not exist in the MMMA. i'm not sure when or why people thought sec8 dismissal motions had to be shown to a jury?

 

I understood it to mean the judge didn't think a Section 8 defense was applicable here after the hearing.  The article did say he was appealing the decision.

[bobandtorey]

i am so sick of people professing the MMMA is always jumping on folks for being anti cannabis.

 

we at the MMMA are NOT anti cannabis.

 

we are anti "break the law and go to jail"

 

why is it so difficult to understand?

 

people go to jail for this plant and it is ridiculous.

 

what's the best way to not go to jail?

 

<FOLLOW THEIR RULES>

 

however pathetic they are, they are currently in place... there is a place and way to fight the system.  and there is a correct way to change the way things work..  breaking the law and speeding did not get the speed limit increased to 70MPH... study after study and long term planning and activism did.

 

Grow up people and stop asking people to risk their lives following bad advice.

 

you must follow the rules if your going to play in the game... that will never change.

Please do not take my words the wrong way

 

But IMHO following their rules is easy for most of us here because we come here to find out things not to do to stay safe but there our over 100,000 card holders and just maybe some might not know when the rules change They didn't  send us any memo in the mail it is us that must stay on top of any change's in the Law and Leo know this 

 

Again IMHO out of over 100,000 plus card holders i think we may have 2,000 of them that knows everything to stay safe 

[Celliach]

Please do not take my words the wrong way

 

But IMHO following their rules is easy for most of us here because we come here to find out things not to do to stay safe but there our over 100,000 card holders and just maybe some might not know when the rules change They didn't  send us any memo in the mail it is us that must stay on top of any change's in the Law and Leo know this 

 

Again IMHO out of over 100,000 plus card holders i think we may have 2,000 of them that knows everything to stay safe 

 

You're right Bob.  Education is really important.