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5 Arraigned After Raid Of Medical Marijuana Dispensary


bobandtorey

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I don't even know how to do the things you do all i can do is go to support people in Court thats easy all you have to do is get up at 4 AM to be their at 8 am and sit i was in Court 9 days out of 10 the last two weeks 

 

i can't even put what i see in words all i can tell people is to come see it for yourself 

Maybe get out of the rut you are in then? Anyone can do what I do and do it better. 

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i do agree more people growing cannabis then ever but am not if i lived anywhere else other then Oakland County i would

 

 
Think I mentioned before, but a neighbor has a fairly large grow and the local & state cops raided them a while back. But they eventually left when found that everything was by the books. The grow continues and the sweet smell of cannabis still occasionally wafts through the neighborhood (which is how they got reported in the first place.)

 

Yes, I know that Oakland County has a bad rep, but does anyone have solid data on growers with cards and growing for personal use within their limits being arrested or shut down within Oakland County? Not interested in cases of selling, or the use of affirmative defense (which I believe your own case was related to). Just in cases when everything was according to the strict letter of the MMMP.

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I live in oakland county. I had some previous problems about 5 years ago. The cops came and someone called CPS on me. But they didnt do anything. CPS took pics of my grow and forwarded to the family court at oakland county. The judge threatened to take kids away but she didnt. Same judge gave me custody of my kids a few months later.

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well it seems strange they would come down hard on some growers yet award custody to others who grow eh?  This is good news after hearing that Oakland County doesn't tolerate any growing for so long. And that was five yrs ago!!  Good for you, I love stories of positive police interaction. I bet you were scared when they showed up, sorry for the heart thumps, but happy it all worked out for you.   I tell growers to wait until they get their card before planting or buying equipment . Don't tell anyone what you're doing, and follow the simple rules, works for the majority of us for now.

 

happy growing to you and yours!

Edited by grassmatch
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I don't even know how to do the things you do all i can do is go to support people in Court thats easy all you have to do is get up at 4 AM to be their at 8 am and sit i was in Court 9 days out of 10 the last two weeks 

 

i can't even put what i see in words all i can tell people is to come see it for yourself 

 

Thank you for showing up Bob.  Court support is essential, important 'work' .

 

:bighug:

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Just in cases when everything was according to the strict letter of the MMMP. ? You mean like our case ?

 

And I said:

 

Not interested in cases of selling, or the use of affirmative defense (which I believe your own case was related to). Just in cases when everything was according to the strict letter of the MMMP.

 

Excuse me for now following your case closely, but didn't it rely on affirmative defense based on a doctors recommendation without possessing an actual card? 

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In the case of People v Redden (September 14, 2010), the Michigan Court of Appeals held that the Michigan Medical Marihuana Act (MMMA) does not require a person to have a registry identification card to be able to assert medical reasons for using marijuana as an affirmative defense to prosecution involving marijuana. 


As explained by the court, the MMMA provides two ways in which to show legal use of marijuana for medical purposes in accordance with the act: “Individuals may either register and obtain a registry identification card under section 4 or remain unregistered and, if facing criminal prosecution, be forced to assert the affirmative defense in section 8.” 

Section 8 of the MMMA provides, in relevant part, as follows:



“(a) Except as provided in section 7, a patient and a patient’s primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana . . . .”

 

i hope this helps

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  • 2 months later...

Officers Wife Not Charged In Dispensary Case

 

04.11.2016
bouchard.jpg

Clinical Relief, a Ferndale, MI dispensary was raided in 2010 — after approval from state, county and city leaders. What is even more disturbing than the warrantless raid, the fact that an Oakland County Sheriff’s wife and caregiver for the dispensary was not arrested everyone else was.

All members, employees and caregivers associated with Clinical Relief were booked on charges to deliver, sell or conspiracy to sell cannabis. All were legal to do so, possessed the proper licensing and had full approval. Unfortunately these brave and compassionate individuals were not married to a cop and were not afforded protections that come along with being married to a cop, particularly a narcotics officer.

Officer Jeremy Doty was excited when his wife, Becky gained employment in the summer of 2010, after all a police officers salary does not go that far, and every additional dollar counts. The Doty family enjoyed the additional pay, but ultimately Becky found great enjoyment in the service to others, much like her husband. Becky would often brag to friends and her husband about the good she was creating in the lives of sick people. Becky is still an advocate for the amazing benefits of cannabis.

When prosecutors decided to raid and arrest all members of the dispensary, one name was left out of the warrants, Mrs. Doty.

After the Honorable Judge O’Brien dismissed all charges against Clinical Relief defendants in 2011, the Oakland county prosecutor appealed the judges decision. The defendants (less Doty) are still being drug through court — nearly six years later.

Corruption brought to you by Oakland County, MI.

Ask Sheriff Bouchard why one of his Narcotics Officers wife worked at a cannabis dispensary, and then was never charged after the Sheriff raided the same facility. Also, ask Michael Bouchard why he attacks patients and then brags about it afterwards. Contact Sheriff Bouchard below:

 

http://marijuanapatients.org/officers-wife-not-charged-dispensary-case/

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Officers Wife Not Charged In Dispensary Case

 

04.11.2016
bouchard.jpg

Clinical Relief, a Ferndale, MI dispensary was raided in 2010 — after approval from state, county and city leaders. What is even more disturbing than the warrantless raid, the fact that an Oakland County Sheriff’s wife and caregiver for the dispensary was not arrested everyone else was.

 

 

that's what they do with snitches.

 

did they have a warrant or didn't they?  article indicates both

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that's what they do with snitches.

 

did they have a warrant or didn't they?  article indicates both

I'm not sure but i was their the day before the raid when an under cover Leo tried to buy cannabis she had a picture of her on her card and i had never saw one on a card then when  someone ask her about it she left and then came back without the Picture this was back when Leo was making their own cards 

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  • 4 months later...

SHELBY TOWNSHIP — After hearing hours of testimony during cross-examinations of two witnesses Aug. 30, Shelby Township 41-A District Court Judge Douglas Shepherd bound over five defendants on felony drug charges to Macomb County Circuit Court, as requested by the prosecutor.

The five defendants were involved in an alleged marijuana dispensary that police raided and shut down on July 10, 2015. Police said they seized approximately 12 pounds and 200 jars of marijuana, 933 marijuana edibles, a large variety of drug paraphernalia, and cash from Advance Medical Supply, located near Van Dyke Avenue and 23 Mile Road.

Danny Jamil, of Warren; Ryan Masters, of Sterling Heights; Andrew Zuhrab, of Shelby Township; David Pando, of Washington Township; and David Carbone, of Roseville, were arraigned Jan. 28 on multiple counts of delivery of marijuana, possession with intent to deliver and conspiracy. The charges are all four-year felonies.

At approximately noon on July 10, 2015, multiple law enforcement agencies searched Advance Medical Supply and four residences. They arrested Jamil, Zuhrab, Pando and Carbone at the business and Masters near his residence in Sterling Heights, police said.

Police said the suspects were running a marijuana dispensary, which is not allowed under Shelby Township’s ordinance, under the guise of a medical supply store. Township Attorney Rob Huth said the state law on the matter is unclear, so the township extended its moratorium on marijuana dispensaries.

Shelby Township Police Chief Robert Shelide said the suspects were operating outside the Medical Marihuana Act in the volume of marijuana they were selling and the manner in which they were selling it.

On April 26, 2016, Carbone appeared with a different defense attorney, Paul Misukewicz. Defense attorney Zoran Mitrovski continued to represent the other four co-defendants.

Detective Lt. Jason Schmittler, the officer in charge of the investigation, and Carbone testified Aug. 30. They were questioned by Macomb County Assistant Prosecutor Dena Keller, Misukewicz and Mitrovski.

In response to Keller, Schmittler said Shelby Township Deputy Police Chief Mark Coil gave him a flier for the business and asked him to investigate it on March 6, 2015. On March 9, Schmittler said, he and Sgt. Troy Titchenell met with Masters in his office.

Schmittler said Masters told him the business had been open for approximately a month and would sell medical supplies — such as braces, wheelchairs and bandages — but did not have those inside the business yet, and that it would also serve as a “medical cannabis provision center.”

“He explained that it was a place where patients could meet up with their caregivers and exchange the marijuana between caregiver and patient, and it was a safe place for them to go and consume marijuana if they want,” Schmittler said. “He said there was no marijuana being sold, and the only thing he would consider was caregiver-to-caregiver sales in the future.”

He said Masters told him money would come in through the sales of medical supplies and  that the person in charge had the right to deny someone entrance to the business.

“I told him if it was operating as a dispensary, we would investigate it and we would raid them,” Schmittler said. “We both left on good terms.”

Over the next few months, Schmittler said, police received more than 20 tips that the business was operating as a dispensary — that the sale of medical supplies was a front and it would sell to anyone with a medical marijuana card.

He said police began surveillance of the business and sent a confidential informant inside on three occasions, who bought loose marijuana and a concentrated waxy marijuana product called “shatter.” Schmittler said the business also was advertised on a medical marijuana dispensary website.

He said paperwork filed with the township for a zoning application and a certificate of occupancy included the names of Masters and Jamil.

Schmittler said the front door was open to the public and led to a waiting room area with medical equipment on display. Jamil, Schmittler said, typically sat in an office with a glass window into the waiting room and would check people in and buzz them into a back room.

The defendants, he said, wore scrubs to work.

The back room, Schmittler said, contained display cases stocked with marijuana products and paraphernalia. He said that Carbone, Zuhrab and Pando typically worked as clerks in the back room.

On the day of the raid, Schmittler said, Jamil and Pando were in the front of the business and Zuhrab and Carbone were in the back behind the counter, in the process of making sales. Schmittler said two customers were present, both with medical marijuana cards, but neither with their caregiver.

Even if each of the five defendants, who are all medical marijuana cardholders, had the maximum allowable five patients on their cards, Schmittler said, the amount of loose marijuana recovered from the business alone would be at least double the amount they were allowed. He said each patient is allowed up to 2.5 ounces.

“Jamil has four patients, including himself. Same for Carbone. Masters has two patients and himself. Zuhrab and Pando just had cards for themselves,” Schmittler said. “It was a dispensary selling products to anybody with a medical marijuana card.”

In response to Misukewicz, Schmittler said police recovered hundreds of pages of documents from the business and Masters’ home.

Schmittler said police did not discover where the marijuana was from, but that they did discover invoices for some of the edibles. He said he only ever saw Jamil unlock and lock up the business with a key, and that nothing connecting Carbone to the business was found at Carbone’s home.

According to end-of-day reports, Schmittler said, Advance Medical Supply was making approximately $10,000 per day, and it appeared that Carbone was paid $10 hourly.

In response to Mitrovski, Schmittler said the lab received all of the marijuana but only tested one bag and that, in their first meeting, Masters expressed a desire to cooperate with police.

Mitrovski objected to Carbone testifying on the grounds that he had not been told Carbone would testify. Shepherd said there was nothing barring Carbone from testifying.

In response to Misukewicz, Carbone testified that nobody forced or compelled him to testify, that he had discussed doing so with Misukewicz months ago, and that he had not received any breaks or promises from the Macomb County Prosecutor’s Office.

Carbone said he met Jamil and Masters through a mutual friend, and they assured him that the business was legal and they had talked to police. He said his duties were to ring up customers, clean the display cases and vacuum. All sales, he said, were paid for in cash, and he was paid in cash with no bonuses or commission.

In response to Keller, Carbone said Zuhrab and Pando worked in the same capacity as him, that Jamil was in charge of the day-to-day operations and that Masters would stop in during the end of the day several times a week. Carbone said he never saw Jamil handle marijuana, but whenever Carbone came in, the jars of marijuana and products were restocked.

Carbone said he worked at the business for approximately five or six months. He estimated that Zuhrab worked there for approximately four or five months and Pando approximately one month.

“Essentially, Mr. Masters and Mr. Jamil were the owners, while the other co-defendants were salespeople,” Keller said. “(They assured Carbone) this was a legal business when, in fact, the defendants … conspired together to sell marijuana to people who were not their patients, which is illegal.”

She said it was the people’s position that each defendant was properly charged.

Misukewicz argued that the actions of his client, Carbone, did not rise to the illegalities of the felony charges against him.

“I can only assume (Jamil and Masters were) given some advice that, ‘Listen, as long as you’re not the one selling the marijuana, you can’t be in trouble, so let’s give these little college students $10 an hour to actually ring up the marijuana. That way, if anything actually goes down, we did not sell marijuana,’” he said.

Misukewicz proposed amending his client’s charges to the one-year misdemeanor of delivery of marijuana without remuneration. He proposed adding the two-year misdemeanor of soliciting or enticing another to commit an offense to Jamil and Masters’ charges.

Mitrovski argued that not every marijuana item in the business was the sole possession of the defendants and pointed out that there were lockers inside the business. He said the police should have filed an injunction on the patient-to-patient sale of marijuana instead of raiding the business.

Shepherd agreed to bind the charges over to Macomb County Circuit Court.

“The first thing that strikes me is that there is a clear misrepresentation of the nature of the operation here,” Shepherd said. “It was an ongoing illegal operation cloaked in a way that may be to throw the police off, in terms of only selling to people that have a medical marijuana card.”

He said the fact that Advance Medical Supply was an all-cash business was suspicious.

“I have some sympathy for (Carbone, Zuhrab and Pando), that they were strictly hourly employees that were just doing a job,” he said. “But that doesn’t mean I’m going to modify the charges, because that’s not what I’m here for, as far as making a decision on a preliminary examination.”

He said the three defendants’ lack of knowledge and their belief in assurances that the business was a legal operation were no excuse for the fact that they were selling marijuana to people who entered the business.

“(The law on marijuana is) somewhat in flux in terms of this area, but, in fact, they were there and they were selling marijuana,” Shepherd said. “We have what the charges are with my notation, and the judge and — more than likely — jury will resolve whether or not they simply acted as employees.”

All five of the defendants are free on personal bond.

Their arraignment at Macomb County Circuit Court is set for 1:30 p.m. Sept. 12.

 

http://www.candgnews.com/news/judge-binds-over-medical-marijuana-dispensary-case-circuit-court-95563

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SHELBY TOWNSHIP — After hearing hours of testimony during cross-examinations of two witnesses Aug. 30, Shelby Township 41-A District Court Judge Douglas Shepherd bound over five defendants on felony drug charges to Macomb County Circuit Court, as requested by the prosecutor.

The five defendants were involved in an alleged marijuana dispensary that police raided and shut down on July 10, 2015. Police said they seized approximately 12 pounds and 200 jars of marijuana, 933 marijuana edibles, a large variety of drug paraphernalia, and cash from Advance Medical Supply, located near Van Dyke Avenue and 23 Mile Road.

Danny Jamil, of Warren; Ryan Masters, of Sterling Heights; Andrew Zuhrab, of Shelby Township; David Pando, of Washington Township; and David Carbone, of Roseville, were arraigned Jan. 28 on multiple counts of delivery of marijuana, possession with intent to deliver and conspiracy. The charges are all four-year felonies.

At approximately noon on July 10, 2015, multiple law enforcement agencies searched Advance Medical Supply and four residences. They arrested Jamil, Zuhrab, Pando and Carbone at the business and Masters near his residence in Sterling Heights, police said.

Police said the suspects were running a marijuana dispensary, which is not allowed under Shelby Township’s ordinance, under the guise of a medical supply store. Township Attorney Rob Huth said the state law on the matter is unclear, so the township extended its moratorium on marijuana dispensaries.

Shelby Township Police Chief Robert Shelide said the suspects were operating outside the Medical Marihuana Act in the volume of marijuana they were selling and the manner in which they were selling it.

On April 26, 2016, Carbone appeared with a different defense attorney, Paul Misukewicz. Defense attorney Zoran Mitrovski continued to represent the other four co-defendants.

Detective Lt. Jason Schmittler, the officer in charge of the investigation, and Carbone testified Aug. 30. They were questioned by Macomb County Assistant Prosecutor Dena Keller, Misukewicz and Mitrovski.

In response to Keller, Schmittler said Shelby Township Deputy Police Chief Mark Coil gave him a flier for the business and asked him to investigate it on March 6, 2015. On March 9, Schmittler said, he and Sgt. Troy Titchenell met with Masters in his office.

Schmittler said Masters told him the business had been open for approximately a month and would sell medical supplies — such as braces, wheelchairs and bandages — but did not have those inside the business yet, and that it would also serve as a “medical cannabis provision center.”

“He explained that it was a place where patients could meet up with their caregivers and exchange the marijuana between caregiver and patient, and it was a safe place for them to go and consume marijuana if they want,” Schmittler said. “He said there was no marijuana being sold, and the only thing he would consider was caregiver-to-caregiver sales in the future.”

He said Masters told him money would come in through the sales of medical supplies and  that the person in charge had the right to deny someone entrance to the business.

“I told him if it was operating as a dispensary, we would investigate it and we would raid them,” Schmittler said. “We both left on good terms.”

Over the next few months, Schmittler said, police received more than 20 tips that the business was operating as a dispensary — that the sale of medical supplies was a front and it would sell to anyone with a medical marijuana card.

He said police began surveillance of the business and sent a confidential informant inside on three occasions, who bought loose marijuana and a concentrated waxy marijuana product called “shatter.” Schmittler said the business also was advertised on a medical marijuana dispensary website.

He said paperwork filed with the township for a zoning application and a certificate of occupancy included the names of Masters and Jamil.

Schmittler said the front door was open to the public and led to a waiting room area with medical equipment on display. Jamil, Schmittler said, typically sat in an office with a glass window into the waiting room and would check people in and buzz them into a back room.

The defendants, he said, wore scrubs to work.

The back room, Schmittler said, contained display cases stocked with marijuana products and paraphernalia. He said that Carbone, Zuhrab and Pando typically worked as clerks in the back room.

On the day of the raid, Schmittler said, Jamil and Pando were in the front of the business and Zuhrab and Carbone were in the back behind the counter, in the process of making sales. Schmittler said two customers were present, both with medical marijuana cards, but neither with their caregiver.

Even if each of the five defendants, who are all medical marijuana cardholders, had the maximum allowable five patients on their cards, Schmittler said, the amount of loose marijuana recovered from the business alone would be at least double the amount they were allowed. He said each patient is allowed up to 2.5 ounces.

“Jamil has four patients, including himself. Same for Carbone. Masters has two patients and himself. Zuhrab and Pando just had cards for themselves,” Schmittler said. “It was a dispensary selling products to anybody with a medical marijuana card.”

In response to Misukewicz, Schmittler said police recovered hundreds of pages of documents from the business and Masters’ home.

Schmittler said police did not discover where the marijuana was from, but that they did discover invoices for some of the edibles. He said he only ever saw Jamil unlock and lock up the business with a key, and that nothing connecting Carbone to the business was found at Carbone’s home.

According to end-of-day reports, Schmittler said, Advance Medical Supply was making approximately $10,000 per day, and it appeared that Carbone was paid $10 hourly.

In response to Mitrovski, Schmittler said the lab received all of the marijuana but only tested one bag and that, in their first meeting, Masters expressed a desire to cooperate with police.

Mitrovski objected to Carbone testifying on the grounds that he had not been told Carbone would testify. Shepherd said there was nothing barring Carbone from testifying.

In response to Misukewicz, Carbone testified that nobody forced or compelled him to testify, that he had discussed doing so with Misukewicz months ago, and that he had not received any breaks or promises from the Macomb County Prosecutor’s Office.

Carbone said he met Jamil and Masters through a mutual friend, and they assured him that the business was legal and they had talked to police. He said his duties were to ring up customers, clean the display cases and vacuum. All sales, he said, were paid for in cash, and he was paid in cash with no bonuses or commission.

In response to Keller, Carbone said Zuhrab and Pando worked in the same capacity as him, that Jamil was in charge of the day-to-day operations and that Masters would stop in during the end of the day several times a week. Carbone said he never saw Jamil handle marijuana, but whenever Carbone came in, the jars of marijuana and products were restocked.

Carbone said he worked at the business for approximately five or six months. He estimated that Zuhrab worked there for approximately four or five months and Pando approximately one month.

“Essentially, Mr. Masters and Mr. Jamil were the owners, while the other co-defendants were salespeople,” Keller said. “(They assured Carbone) this was a legal business when, in fact, the defendants … conspired together to sell marijuana to people who were not their patients, which is illegal.”

She said it was the people’s position that each defendant was properly charged.

Misukewicz argued that the actions of his client, Carbone, did not rise to the illegalities of the felony charges against him.

“I can only assume (Jamil and Masters were) given some advice that, ‘Listen, as long as you’re not the one selling the marijuana, you can’t be in trouble, so let’s give these little college students $10 an hour to actually ring up the marijuana. That way, if anything actually goes down, we did not sell marijuana,’” he said.

Misukewicz proposed amending his client’s charges to the one-year misdemeanor of delivery of marijuana without remuneration. He proposed adding the two-year misdemeanor of soliciting or enticing another to commit an offense to Jamil and Masters’ charges.

Mitrovski argued that not every marijuana item in the business was the sole possession of the defendants and pointed out that there were lockers inside the business. He said the police should have filed an injunction on the patient-to-patient sale of marijuana instead of raiding the business.

Shepherd agreed to bind the charges over to Macomb County Circuit Court.

“The first thing that strikes me is that there is a clear misrepresentation of the nature of the operation here,” Shepherd said. “It was an ongoing illegal operation cloaked in a way that may be to throw the police off, in terms of only selling to people that have a medical marijuana card.”

He said the fact that Advance Medical Supply was an all-cash business was suspicious.

“I have some sympathy for (Carbone, Zuhrab and Pando), that they were strictly hourly employees that were just doing a job,” he said. “But that doesn’t mean I’m going to modify the charges, because that’s not what I’m here for, as far as making a decision on a preliminary examination.”

He said the three defendants’ lack of knowledge and their belief in assurances that the business was a legal operation were no excuse for the fact that they were selling marijuana to people who entered the business.

“(The law on marijuana is) somewhat in flux in terms of this area, but, in fact, they were there and they were selling marijuana,” Shepherd said. “We have what the charges are with my notation, and the judge and — more than likely — jury will resolve whether or not they simply acted as employees.”

All five of the defendants are free on personal bond.

Their arraignment at Macomb County Circuit Court is set for 1:30 p.m. Sept. 12.

 

http://www.candgnews.com/news/judge-binds-over-medical-marijuana-dispensary-case-circuit-court-95563

 

 

Date: 09/12/2016 Time: 1:30 pm Judge: TOIA, JOSEPH Location: 4TH FLOOR COURTROOM SW

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They raided several dispensarys on the warren strip by me a few months ago, all but one are still up and running, and i believe that one just went out of business. One of them shut down one location for about a month, after that ordinance went into effect, but have since opened back up. Business as usual..they pretty much raided all of them on this strip, bunny muffin down the road and everything for about six hours while they did it.

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They raided several dispensarys on the warren strip by me a few months ago, all but one are still up and running, and i believe that one just went out of business. One of them shut down one location for about a month, after that ordinance went into effect, but have since opened back up. Business as usual..they pretty much raided all of them on this strip, bunny muffin down the road and everything for about six hours while they did it.

You must live near me....HJ

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