Officer Convicted In Marijuana Butter Case Takes His Own Life

[bobandtorey]

One of the corrections officers snared in a case involving the medicinal use of marijuana-infused butter has committed suicide.

On October 20, Officer Timmothy Bernhardt plead guilty  to charges that he and other Kent County Jail officers received and distributed the butter for their own medicinal use. He and another officer took plea deals and were due to be sentenced in early December. Two other officers refused plea deals and are awaiting trial.

Noted medical marijuana advocate and radio personality Steve Greene, confirmed the identity of the deceased with county officials earlier today.

The investigation began when a package containing the butter was discovered by postal employees and reported to police. “After interviewing Bernhardt, police arrested Brian Tennant, Todd VanDoorne and Michael Frederick.,” per the MLive news report.

Concentrated forms of cannabis, including the ointments and foods created from them, were considered legal for medicinal use until a radical 2013 Court of Appeals opinion in the Carruthers case changed the accepted definition of usable marijuana to include only those items containing bits of the original plant material. Marijuana butter, which is filtered to remove the grit and distasteful portions, does not meet this criteria.

All of the persons alleged to have used the marijuana-infused foodstuffs created from the green butter were registered medical marijuana patients under Michigan’s medical marijuana program (MMP), as was the caregiver who produced the butter and provided it to the officers.

LEGISLATIVE SOLUTION

Officer Bernhardt’s death comes at a time when the Michigan Senate is modifying a bill to correct the appellate court’s disruptive ruling in Carruthers. HB 5104 was filed by Rep. Eileen Kowall on October 30 2013 and was passed through Committee and full House votes by December 12, after only 6 weeks of consideration. In a rare display of unity and bipartisanship, the bill passed the Michigan House by a vote of 100-9.

The bill’s immediacy was emphasized by moving testimony from parents of pediatric cannabis patients, whose MMP-endorsed treatment regimes were interrupted by the Court’s unique interpretation. Some of the most moving testimony came from Jim and Erin Powers, whose son Ryan is one of approximately 50 children approved for medical use of marijuana in Michigan.

“The lion’s share of the patients using medibles and extracts are seriously ill and the continued harassment and prosecution of these people is sickening,” Powers said.

The Senate received the bill on January 8 and managed to pass it out of the Government Operations Committee on August 13, more than seven months later. A victim of election-year politics, the bill and it’s controversial partner HB 4271 (The Provisioning Centers Act) were made to wait for their full Senate debate until after the November general election.

Lobbying group the National Patients Rights Association is in negotiations with Governor Snyder’s office and Senate Majority Leader Randy Richardville to secure legislative approval for the pair of bills, and a signature on each from the governor.

UNNECESSARY DELAYS

“Every day that goes by puts us closer to restarting this process all over again in 2015,” Greene observed.

The bills are expected to hit Snyder’s desk before the new year, but that won’t help the family of Officer Bernhardt. An appeal of the Court decision in Caruthers was filed with the Michigan Supreme Court early in 2014 but was refused on the grounds that a legislative solution seemed imminent. Apparently the state’s highest court didn’t think it would take this long for the Senate to pass HB 5104.

Advocates didn’t think it would take this long, either. Jim Powers, co-founder of Michigan Parents for Compassion, says he understands the stress this new insanity in the law has caused- especially to victims of this potentially temporary illegality, like Officer Timmothy Bernhardt.

“As the father of a child who depends on extracts to keep his illness in check, I continually wonder, is today the day they are coming?” Powers said. “Further stalling of legislation like House Bill 5104 will eventually push us to move out of state, like so many other Michigan families have already done, in order to help guarantee the safety of our family.”

“Every day that the bill is delayed, more patients become snared up in the legal system for an act that was legal two years ago- and will be likely legal again in a few month’s time,” opined Jamie Lowell, chair of the Michigan chapter of Americans for Safe Access.

 

http://www.theweedblog.com/officer-convicted-in-marijuana-butter-case-takes-his-own-life/

[bobandtorey]

GRAND RAPIDS, Mich. – For the first time since their arrests, the husband and wife at the center of a medical marijuana case involving “pot butter” and Kent County Sheriff’s Deputies are speaking about their experience.

Just after 10 o’clock, on the night of March 17, 2014, officers from the Kent Area Narcotics Enforcement Team served a search warrant at the home of Timothy and Alyssa Scherzer.

While collecting evidence, investigators determined four of the patients under the Scherzer’s care either worked for or had ties to the Kent County Jail.

The Scherzers sat down with FOX 17 to discuss their medical marijuana operation and the punishment they’ve received since pleading guilty to drug-related charges.

“It was more or less just for my family, my cousin, for her relief of her Crohn’s disease,” Scherzer said. “Then, with my brother-in-law Tim, with the number of back surgeries and neck surgeries he’s had with fusions and stuff , for an alternative way for him to try to get some pain relief.”

Scherzer is a former medical marijuana caregiver. He got his medical marijuana card in 2009 after going on permanent disability.

“I did get relief with the edibles and I thought it would be worthwhile to pass that on to other people,” said Scherzer.

It was that thought that led Scherzer and his wife to become caregivers.

All of that changed back in March when the U.S. Postal Service inspected a package Scherzer tried to send to his cousin who is disabled and does not drive.

“That’s the purpose of using the mail – right or wrong,” Scherzer explained. “Apparently – obviously – it’s wrong.”

Inside the package was more than two ounces of marijuana. Despite the discovery of drugs, the Postal Service passed on prosecution and instead sent the tip to Kent County. In a matter of hours, a search warrant was granted by a judge and officers showed up at Scherzer’s door.

“We made their search very easy for them because we fully cooperated and we told them we were under the full understanding that we were legal,” said Scherzer. “So, it was more of trying to present our legality to them – why we had plants.”

During the search, Scherzer told the officers he also made marijuana butter that he provides to his patients. Marijuana butter, along with other “edibles,” as they’re called, are illegal under current Michigan law.

Tim Scherzer’s patients included Kent County corrections officers Mike Frederick, Todd Vandoorne, and Christine Tennant, the wife of corrections officer Brian Tennant. His fourth patient was Stephanie Annis.

Alyssa Scherzer was the caregiver for a fourth officer, Tim Bernhardt, her brother-in-law.

Bernhardt, according to court documents, acted as something of a middleman, getting the marijuana butter from Scherzer and providing it to Frederick, VanDoorne and Brian Tennant.

“That aspect is supposed to be a direct caregiver-to-patient transaction,” explained Scherzer. “That wasn’t followed correctly.”

Looking back, it’s something Scherzer regrets.

“I would have just told them, at this point in time, I can’t provide for you an edible type product,” said Scherzer. “The only thing I can provide for you is a smokeable-type product. I’m not so sure that any of them would have used it. I don’t know that would’ve relieved any of their pain symptoms.”

After pleading guilty to delivery of marijuana and maintaining a drug house, Tim Scherzer was given five years of probation and was fined. Alyssa Scherzer pleaded to maintaining a drug house and will serve three years of probation and pay a fine. In addition, neither of the Scherzers can use marijuana nor continue to act as caregivers.

After pleading guilty in October, Bernhardt took his own life and was laid to rest last week. He was to be sentenced in December.

Brian Tennant pleaded guilty to a reduced charge, as well, and is awaiting sentencing next month.

The cases for Frederick and VanDoorne are still winding their ways through the legal system.

 

http://fox17online.com/2014/11/24/couple-who-supplied-officers-with-pot-butter-break-silence/

Edited November 25, 2014 by bobandtorey

[t-pain]

ya think kent county william forsythe can sleep at night knowing he caused a man to take his own life? over some butter?

[t-pain]

also just in case anyone is reading this thread and does not know it yet, the Court of Appeals ruling that banned marijuana butter is hokey and no one should be pleading guilty to any of these charges when they have an MMMA card.

[Wild Bill]

also just in case anyone is reading this thread and does not know it yet, the Court of Appeals ruling that banned marijuana butter is hokey and no one should be pleading guilty to any of these charges when they have an MMMA card.

 

Just because the ruling is hokey doesn't mean it lacks the force of law.

 

The jury would be instructed by the judge that the butter was not protected by the law.

That's if they allowed medical marijuana to be mentioned at all.

 

You could say that you possessed a controlled substance but you couldn't say why and then wouldn't be given any legal protection for it anyway.

 

Under those circumstances what would be the advantage of fighting it in court?

[t-pain]

winning, thus not having to pay court fines or stay in jail?

 

is this some kind of trick question?

[knucklehead bob]

Just because the ruling is hokey doesn't mean it lacks the force of law.

 

The jury would be instructed by the judge that the butter was not protected by the law.

That's if they allowed medical marijuana to be mentioned at all.

 

You could say that you possessed a controlled substance but you couldn't say why and then wouldn't be given any legal protection for it anyway.

 

Under those circumstances what would be the advantage of fighting it in court?

 

Truth and Justice has no chance against Law and Order fundamentalism . These fuccin' lunatics value Law over life .

[bobandtorey]

Just because the ruling is hokey doesn't mean it lacks the force of law.

 

The jury would be instructed by the judge that the butter was not protected by the law.

That's if they allowed medical marijuana to be mentioned at all.

 

You could say that you possessed a controlled substance but you couldn't say why and then wouldn't be given any legal protection for it anyway.

 

Under those circumstances what would be the advantage of fighting it in court?

 

 

Thanks 

i agree 

[phaquetoo]

Just because the ruling is hokey doesn't mean it lacks the force of law.

 

The jury would be instructed by the judge that the butter was not protected by the law.

That's if they allowed medical marijuana to be mentioned at all.

 

You could say that you possessed a controlled substance but you couldn't say why and then wouldn't be given any legal protection for it anyway.

 

Under those circumstances what would be the advantage of fighting it in court?

we cant just bow to them and plead guilty to something that should not be ilegal,,,,,,,I said it before and I will say it again,,I am not carruthers!

 

Peace

[trichcycler]

I'm glad everyone doesn't just decide to stop fighting injustices. The jury is our last opportunity for justice we should not allow a court to own them imo

[trichcycler]

we cant just bow to them and plead guilty to something that should not be ilegal,,,,,,,I said it before and I will say it again,,I am not carruthers!

 

Peace

has that case finished with a plea ?

[t-pain]

held in abeyance waiting for hartwick and tuttle for the MSC to tell the courts how to handle a sec8 motion

[Wild Bill]

winning, thus not having to pay court fines or stay in jail?

 

is this some kind of trick question?

 

Would you be willing or able to pay between $5,000 and $10,000 and risk jail time to defend a principle?

 

Especially knowing in advance that the deck is stacked against you and you won't be allowed to mention medical use?

 

And even if you were your butter is specifically not covered by the protections of the Act?

[t-pain]

its a tough choice bill.

 

some will plead, some will not.