Man Gets Jail For Growing Pot

[bobandtorey]

A Genoa Township man accused of having 100 marijuana plants was given a 30-day jail sentence Thursday.

 

Livingston County Assistant Prosecutor Daniel Rose questioned the fairness of that sentence when compared to a similar case last week in which the defendant, who has a worse criminal history, received less time in jail.

 

 

Livingston County Circuit Judge Michael P. Hatty also sentenced Paul Kenneth Wesa to 18 months probation for manufacturing 5-45 kilos — or between 11 pounds and 99 pounds — of marijuana, which was found at his Aztec Lane home in March when officers responded to a neighbor’s home and smelled the marijuana next door.

“The prosecutor did a nice analysis, but he left things out,” Hatty said.

 

“There were a lot of firearms around (Wesa’s) house and put in cushions. That got my attention. ... When you have these kinds of operations, they are magnets for trouble.”

 

Rose asked Hatty to consider the message he sends to the community when he fashions sentences. He compared Wesa’s case to a Brighton Township man who had more than 70 plants at his home.

 

In Wesa’s case, officers found a marijuana-growing operation in his home when they responded to a neighbor’s home. They “smelled something” and received permission from Wesa to search his home, finding 100 plants, a digital scale and 1 pound of marijuana.

 

Wesa’s attorney said police found 74 plants at his client’s home, not 100.

 

In comparison, the Brighton Township man had 6.59 pounds of marijuana, 72 plants, two scales and a marijuana grinder. He also has a criminal history that includes an assault, drunken driving and driving on a suspended license. Wesa had no criminal history.

 

Both men had an expired card under the Michigan Medical Marihuana Act.

 

Yet, the probation office recommended that the Brighton Township man receive a two-day jail sentence with credit for two days served; it was recommended that Wesa receive a 60-day jail term, the latter of which Rose called a “fair sentence” for the circumstances of the case.

 

“It’s important to see, in the interest of fairness, where the differences lie,” Rose told Hatty. “There’s nobody in this courtroom ... (who) fails to see the disparity or application of justice in this courtroom.”

 

Wesa’s attorney said what happened in the Brighton Township man’s case was not important as it relates to his client because a judge should take each case individually. He explained that his client was a caregiver to four patients under the state’s medical marijuana law,

 

which “helps to understand why he had the number of plants he had.”

 

 

Hatty agreed he takes each case individually, and that in Wesa’s case, the presence of firearms upped the ante.

 

Wesa and his attorney both said the weapons, which were not stored near the marijuana-growing operation, belonged to the defendant’s brother.

“I understand what I did was wrong,” Wesa said. “I have no intention of ever going back to dealing with marijuana.”

 

http://www.livingstondaily.com/article/20131117/NEWS01/311170012/Man-gets-jail-growing-pot

Edited November 17, 2013 by bobandtorey

[t-pain]

its weird.

 

a lot of those in oakland county under charges would probably plea to a 30-day sentence right now if they could.

 

but no MMMA caregiver or patient should ever be arrested or prosecuted.

 

should he appeal and hope for a better roll of the dice ?

[trichcycler]

Way to go representing folks !  I've met hundreds in our caregiver/patient industry and NONE represent this way in their private lives.

drunk driving, expired cards,  pounds of cannabis, over plant counts, suspended license, assault charges......these types are not helping our cause or reputations, and are a detriment to positive patient outcomes. shame splats them

[trichcycler]

 "guns in cushions"  

 

these two are said to NOT be MMMA patients or caregivers, as both men had expired cards, and were operating outside of the Act.

 

 

I bet these criminals(if story is factual) believe they are entitled to the same protections that the law abiding MMMA compliant among us enjoy? 

Edited November 17, 2013 by grassmatch

[bobandtorey]

I agree if they where out side of the act why get a card anyway if you look 5 or 6 years ago they both would have gotten a longer jail time and if the plant count was 100+ plants it could have been a lot= lot worst 

[bobandtorey]

I can't commit on no card at all because it may get me banned for life

[bobandtorey]

There were a lot of firearms around 

he could have done 2 years mandatory just for the guns even with a card 

[bobandtorey]

For sure stay within a Sec 4