Former Owner Of Marijuana Dispensary Allowed To Use Medical Marijuana Despite Conviction

[bobandtorey]

GRAND RAPIDS, MI – The man who shut down his medical marijuana dispensary as part of a plea deal is still allowed to use the plant to treat his own chronic condition.

 

Kent County Circuit Judge Mark Trusock ruled on Friday, Nov. 22, that David Overholt met the requirements to use medical marijuana under Michigan law.

 

In September, Overholt, 55, pleaded no contest to manufacture and delivery of marijuana after he was charged with that crime in addition to maintaining a drug house and delivery or manufacture of narcotics.

With the plea, the Kent County Prosecutor’s Office agreed to drop the drug house and distribution charges as long as Overholt closed Mid-Michigan Compassion Club on Leonard Street NW.

 

In early March, Grand Rapids police raided the business, saying that the dispensary was illegal and not authorized under the Michigan Medical Marijuana Act approved by voters in 2008.

 

Previously, Overholt said his business had about 30 different caregivers who grew different strains of marijuana and provided the club with product. The marijuana sold for $10 per gram.

 

Overholt closed the outlet at the end of last month and was sentenced to two years of probation, a $1,000 fine and 150 hours of community service on Nov. 7.

 

Overholt and his attorney Richard Gould filed a motion to allow use of medical marijuana in compliance with state law. Overholt presented the court with a letter from his physician, certification from a doctor and copies of his medical history.

 

Overholt says he uses a marijuana derivative to treat pain from an injury he suffered as a result of service in the National Guard.

 

Assistant Kent County Prosecutor Helen Brinkman said although she personally opposes the law, she would not argue against the agreement.

 

Trusock said that it is necessary for people to have proof of the legitimate, legal use of medical marijuana.

“This is a law that was passed that I will uphold,” Trusock said.

 

Overholt and his lawyer said they plan to appeal the case in order to have the Medical Marijuana Act clarified.

Related: Despite plea, marijuana dispensary case is far from over, says attorney

 

[bobandtorey]

That seems like it will go well...

Well he must have a lot of money because we both know it will cost someone $$$ to do it

[Guanotea1]

He did operate a dispensary

[trichcycler]

I thought dispensaries were always illegal ? I wouldn't risk my needed meds to make money selling marijuana illegally.. some people ...give 'em a joint, and they  go commercial !

[bobandtorey]

I thought dispensaries were always illegal ? I wouldn't risk my needed meds to make money selling marijuana illegally.. some people ...give 'em a joint, and they  go commercial !

I am not a Lawyer nor is this statement is to be used as legal advise and is only my opinion i was one of many that thought that they where also illegal until someone ask me where are the out-of State Patients supose to get their meds ? Waite 4 months 

[trichcycler]

I understood that those patients are allowed to buy it from the same dealers everyone else did, before they were expressly allowed to do so.

I never had problems finding meds in any place I've traveled. Now, ten, or even  twenty years ago.

[bobandtorey]

I can understand your point but is that same Dealer offing Medical Cannabis i never had problems finding Cannabis from the Bell Boys at any Hotel ether 

[trichcycler]

sometimes it was a good product, sometimes not. patients with caregivers often report the same results before they change to another cg. Much of the product sold at dispensaries has been rumored to be the same street mj sold at the hotel. dunno, but the bricks they haul out of the raids are telling. What legal cg compresses brick kilos after all ?

[bobandtorey]

i have been to many dispensaries around the State and if you do have money they sell great Cannabis it's just not for me because of the $$$ 

[trichcycler]

a2 had the best in my experience. up north, not so much.

[bobandtorey]

3rd cost to me