Feds Wont Give Details On Oakland County Medical Marijuana Raids

Federal agents involved with recent raids on multiple Metro Detroit establishments, including two Oakland County medical marijuana dispensaries, remain tight-lipped about what is being called an ongoing investigation.

“We’re still in the early stages,” said Richard Isaacson, public information officer for U.S. Drug Enforcement Agency’s Detroit Field Office. “We’re trying to protect our investigation and keep things private.”

Agents with the DEA, Internal Revenue Service and Immigrations and Customs Enforcement raided at least five locations in Oakland County on April 12.

The two medical marijuana dispensaries raided were Caregivers of America locations in Walled Lake and Novi.

A woman who answered the phone for Caregivers of America on Tuesday would not confirm whether the businesses had reopened.

“Stop nagging us, stop leaving us messages,” she said before hanging up.

Romel Casab, a well-known businessman in the Metro area, is listed online as the owner of Caregivers of America. His home in Commerce Township was also raided.

“There’s nothing to represent him on; there’s no medical marijuana case involving Romel Casab,” said James Allen, an attorney who has represented Casab in other court cases.

Other locations raided include the Bayside Sports Grill in Walled Lake, the Coliseum Bar & Grill — a strip club in Detroit — and a home in Walled Lake. State records list John Semma as the owner of both businesses, though the name listed for the Coliseum is “Johni Semma.” Information online indicates Semma lives at the address raided in Walled Lake.

Both Semma’s businesses have reopened and resumed normal business hours.

Attempts to reach Semma on Tuesday were unsuccessful. A message left for Jeffrey Bigelman, an attorney who represented Semma in a previous court case, was not returned by press time.

The Oakland Press erroneously posted a photo of the wrong  Semma in a previous story about the raids on its website on April 13. The photo used was of real estate agent and Commerce Township resident Johnny Semma, who is not the Semma involved with the businesses raided by the DEA.

The Oakland Press regrets the error and apologizes to Johnny Semma.

Other media outlets have reported that the DEA also raided a commercial building in Romulus.

Isaacson said there is no timetable for when the investigation will be wrapped up or when more information might be available.

“Some investigations last years, some are one-hit wonders that are done in a day,” Isaacson said. “Every criminal investigation we conduct is unique.”

Read the full Oakland Press article here 

Dearborn Judge Rules Medical Marijuana Unconstitutional

From pressandguide.com

DEARBORN — The city’s chief judge last month made a ruling that could have big implications for the state’s two-year-old medical marijuana law.

In an order denying a motion to dismiss a possession of marijuana case, Judge Mark Somers wrote, “This court finds that in consequence of the lawful designation of marijuana as a Schedule I narcotic under the Controlled Substances Act, the Michigan Medical Marihuana Act is rendered unconstitutional and void in its entirety by operation of the Supremacy Clause of the United States Constitution.”

Click here to read Somers’ full ruling. 

The Controlled Substance Act is a federal statute that classifies drugs into five categories, known as schedules, based on their potential for abuse. Schedule I drugs, such as marijuana, cocaine and LSD, are considered to be the most addictive and are not legal to prescribe.

The case stems from a traffic stop in January 2010. Dearborn police cited the defendant, Robert Brandon, for illegal possession of marijuana and contributing to the delinquency of a minor, according to court documents.

Brandon tried to have the case dismissed four months later based on the grounds that, after he was ticketed, he saw a doctor who issued him a “physician’s certification” for medical marijuana to treat chronic back pain. Doctor’s can’t legally prescribe medical marijuana so, under the Michigan law, a physician’s certification is the terminology used.

Somers questioned the legitimacy of the claim, however, noting that Brandon’s doctor only met with Brandon for about 20 minutes before writing the certification, did not perform any physical examination, and had no previous patient-doctor relationship, which is part of the criteria for medical marijuana certification.

Moreover, Somers wrote, Brandon’s certification came after the traffic stop, meaning that it couldn’t be used as a defense.

But what was most significant in the order was that Somers, an outspoken critic of marijuana and skeptic of the medical marijuana law, declared the medical marijuana law void. The case is scheduled for a pretrial conference April 12.

Somers declined comment Thursday because the case remains pending.

The medical marijuana law has been a legal quagmire since Michigan voters adopted it in 2008. Because marijuana remains illegal under federal law, local governmental bodies in Michigan have been forced to interpret how to apply it.

Somers’ ruling doesn’t mandate Dearborn’s two other district judges take the same view.

How do you feel about this ruling? Are you worried about the consequences it may have on the medical marijuana law?

compassioncaregroupmi@gmail.com

Panel Debates Michigan’s Medical Marijuana Law

From the oaklandpress.com

A panel of six and a lively audience debated the apparent confusion surrounding Michigan’s medical marijuana law Monday in a special town hall meeting at CMNtv in Troy sponsored by The Oakland Press in the wake of recent federal raids in Novi and Walled Lake.

The panelists and the audience jumped right into the debate moderated by local attorney and television personality Charlie Langton.

Royal Oak City Commissioner Chuck Semchena said the wording of the act approved by voters in 2008 is vague and effectively leaves the,state without a functioning medical marijuana law.

He also questioned the amount of marijuana that could be grown by the 12 plants allowed under the Michigan law.

“Even Cheeh and Chong couldn’t smoke the amount of marijuana 12 plants produces in a year,” geh said.

A grower in the audience disagreed, saying each plant only produces a few ounces.

Also on the panel were state Sen. Mike Kowall, R-White Lake, attorneys Michael Komorn and Matthew Able, Oakland County Commnissioner Mike Bosnic, R-Clawson, and J. Van Dyke, director of the American Medical Marijuana Association,.

Kowall said one of the problems with the state’s law is that it doesn’t regulate where marijuana comes from or how it is supplied.

“People are importing marijuana into the state from Mexico,” Kowall said,.”We’re not disputing the fact that the people of Michigan approved it.”

Abel, who said marijuana should be legalized, questioned whether there’s a conflict with federal law that classifies marijuana as an illegal schedule 1 drug.

“Section 28(e) of the controlled substances laws leaves it open for states to regulate,” he said.

Komorn lauded doctors who write prescriptions to medical marijuana patients.

“I see it as courageous actually,” Komorn said. “I’m glad that someone’s willing to come forward and treat these patients.”

Van Dyke said the goal of medical marijuana laws “is about keeping it out of kids’ hands and off the streets.”

Bosnic argued the law needs to be changed because it’s vague.

“I think the law is open to a lot of interpretations,” Bosnic said. “The law needs to be changed.”

Read the full article here 

Did anyone attend the debate last night? How do you feel about the law in Michigan? 

Compassioncaregroupmi@gmail.com

MI Medical Marijuana Doctor Behind Bars

Saginaw-based Dr. Ruth A. Buck will remain behind bars, U.S. District Judge Thomas L. Ludington ruled in U.S. District Court in Bay City mid-April.

The court revoked Buck’s bond after the U.S. Attorney’s Office filed a criminal complaint alleging that Buck aided and abetted the distribution of marijuanain violation of federal law by providing medical marijuana recommendations to patients from her office, Mid-Michigan Medical Marijuana Clinic, 2137 Warwick in Saginaw.

Buck was charged separately with 32 counts of unlawfully distributing controlled substances in June of 2010 and faces up to 20 years in prison.  Those charges stem from allegations that, between January 2006 and July 2009, Buck prescribed more than 1.5 million doses of painkillers and other controlled medications, such as Vicodin, OxyContin, Xanax, morphine, methadone and Dilaudid from her former office in Thomas Township, authorities have said.

Buck had been released on bond and opened a medical marijuana recommendation clinic in Saginaw. Prosecutors alleged, based on documents they seized during a March 17 raid, that she charged between $150 and $200 for recommendations and renewals. She likely earned between $200,000 and $400,000, based on the number of patient files, U.S. Attorney Shane Waller told the court.  He said she never reported the income to the court, which he said was a requirement stipulated in her bond.

The complaint says Buck issued 1,870 medical marijuana recommendations up until Drug Enforcement Administration agents raided her home, office and the office of a co-worker on March 17.  An undercover DEA agent acquired a recommendation from Buck after presenting a “fictitious” license and stating that he suffered headaches whenever he stopped smoking marijuana, the complaint said.  Being that the medical marijuana operation is unrelated to prescription pills, one may question the DEA’s motive to target the clinic.

To know what your doctor can and cannot do for you relating to medical marijuna : http://ambrosecriminallawblog.com/2010/10/25/medical-marijuana-and-what-your-doctor-can-and-cannot-do-for-you/

Contributing Author: Samantha Moffett

If you have questions about medical marijuana contact us at compassioncaregroupmi@gmail.com

Discussion on Medical Marijuana Begins at 6 p.m. Today

Tonight, at the CMNtv.org studio in Troy, The Oakland Press will host a town hall discussion on the controversial issue of medical marijuana. Approved by voters and passed by state legislators, medical marijuana has been a major issue in the news lately.

For more info on tonight’s meeting click here 

If you have questions about medical marijuana contact us at compassioncaregroupmi@gmail.com

Our Thoughts On Yesterday’s Raids

In 2008 Michigan voters expressed their desire to allow marijuana to be used for medicinal purposes.  Since then the laws surrounding medical marijuana have often remained hazy and our state is still working on solutions to make the law clear for patients, caregivers, law enforcement and judges.

As an educational center and supporter of medical marijuana we believe everyone who chooses to use and grow medical marijuana must make sure to go above and beyond to adhere to the guidelines that are currently in place.  Ourselves and everyone else in the medical marijuana community need to ensure that our actions do not make the state of Michigan lose faith in this law or take away our rights.

What happened at yesterday’s raids is still unclear, but we hope the outcome will not hurt our cause.

If you have questions about medical marijuana please email us at tm@compassioncaregroup.com

Feds Raid Medical Marijuana Locations Across Oakland County

Today was a tense day for medical marijuana facilities around Metro-Detroit. Word spread quickly about raids occurring this morning throughout Oakland County. The DEA is not releasing much information on why the facilities were raided. Here is the most recent story and info about today’s events.

From Detnews.com

Federal drug agents have raided the home of and a medical marijuana dispensary owned by controversial businessman Romel Casab, who also owns the long-shuttered Packard Motor Car Co. plant.

A U.S. Drug Enforcement Administration official confirmed agents executed search warrants today at Casab’s home along Benstein Road in Commerce Township and his CareGivers of America marijuana dispensary on 12 Mile in Novi.

The two raids were part of a broader DEA operation targeting at least three other locations in Walled Lake and Detroit, The Detroit News has learned.

The DEA raided a second CareGivers dispensary along Decker Road in Walled Lake, the Bayside Sports Grille on East Walled Lake Drive in Walled Lake and Coliseum Bar & Grill strip club on Eight Mile in Detroit.

The Walled Lake sports bar and Detroit strip club are owned by Walled Lake businessman John Semma. Agents also hauled away his 2001 Harley Davidson today from the Novi marijuana facility owned by Casab.

Casab made headlines last fall when he sued a local art gallery that removed a mural at the plant reportedly painted by famed graffiti artist Banksy.

Casab, a land speculator with varied business interests, is listed on state business records as resident agent of CareGivers of America LLC, which is based in an office on 12 Mile in Novi. He formed the company in November 2009.

The search warrants are sealed in U.S. District Court in Detroit and DEA group supervisor Andrew Eiseman declined comment about what prompted the raids or what items were being seized by agents. He also declined comment about whether the raids are part of a broader crackdown on medical marijuana dispensaries.

“I can’t comment on anything,” he said. “It’s an ongoing investigation.”

Casab could not be reached for comment today.

Along with CareGivers, Casab is president of Bioresource Inc., which sued art gallery 555 Nonprofit Studio and Gallery. After Bioresource sued to reclaim the graffiti mural, Detroit officials threatened to demolish the Packard plant and bill Casab.

The 100-year-old plant is one of Detroit’s most notorious symbols of decline and despair.

Its ownership has been disputed in court for years.

Casab has drawn federal scrutiny before.

As recently as July 2004, the FBI was investigating complaints that Metro Detroit’s suburban bus system had repeatedly overpaid one of Casab’s companies.

Employees claimed that the Suburban Mobility Authority for Regional Transportation (SMART) overpaid the International Bus Center in New Haven, which is owned by Casab.

The Walled Lake search started after 7 a.m. today, agents said.

In Novi, police still were at a CareGivers facility on West 12 Mile, west of Novi Road about 11:40 a.m. today. Several large trucks were at the facility, backed up to large bays. The site is in an isolated area.

The facility’s building had no signs or banners to announce it was open for business.

Police at the scene in Novi declined comment. A CareGivers employee also declined comment.

The raids come eight months after seven people were arrested in a medical marijuana crackdown in Waterford Township. The seven were arraigned Thursday in Oakland County Circuit Court.

Under state law, people who have obtained physician approval and state-issued cards are permitted to possess and use marijuana.

Licensed caregivers are permitted to grow up to 12 plants in controlled situations and sell marijuana to up to five patients.

 

ARE YOU LEGAL?

A “Qualified Patient” can possess up to 2.5 ounces of usable marijuana.

A “Primary Caregiver” can possess up to 2.5 ounces of usable marijuana for each of their Qualified Patients, to whom they are connected to through the State’s application process.

What does “usable marijuana” actually mean?

Usable marijuana is defined in Section 3(j) of the MMMA as the dried leaves and flowersof the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

Are edibles legal?

Yes.  But, remember that “usable marijuana” is defined as “any mixture or preparation” of the dried leaves and flowers of the marijuana plant.  So, technically it seems that the weight of the edible counts towards the 2.5 ounce limit.

A “Primary Caregiver” may also cultivate up to 12 marijuana plants for each of their Qualified Patients, to whom they are connected to through the State’s application process.  The plants must be in an enclosed locked facility.

What if I am not a Patient or Caregiver, but I live with someone who is?  Can I get into trouble for being around medical marijuana and legal activities related to medical marijuana?

No. Section 4(i) of the MMMA says that a person, even a person who is NOT a Patient or a Caregiver, cannot get arrested or suffer any penalty just for being in the presence or vicinity of the medical use of marijuana.  It is important to remember that the medical use of marijuana is defined in Section 3(e) as a number of activities [see above].

Can I assist a Patient in using or administering their medical marijuana without getting charged with a crime?

Yes.  You are protected, even if you are not a Patient or a Caregiver, in being in the vicinity or presence of the legal medical use of marijuana in addition to assisting  a Patient with using or administering the medical marijuana.

Section 4(i) of the law explains that “a person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.”

Is marijuana paraphernalia protected under Michigan Medical Marihuana Act?

Yes.  Under section 4(g), the law says that a person, even a person who is NOT a Patient or a Caregiver, cannot get arrested or suffer any penalty for providing a Patient or Caregiver with marijuana paraphernalia.

 

If you have questions about medical marijuana contact us at tm@compassioncaregroup.com

Contributing Author: Samantha Moffett

Hash Bash Speakers Think Its Time To Legalize Marijuana

From freep.com

Starting with a chant of “Free the weed,” the 40th annual Hash Bash drew an estimated 6,000 people to the University of Michigan campus Saturday to crusade for the legalization of marijuana.

Besides keeping its tradition of flaunting outdoor marijuana smoking under the eyes of police, this year’s Hash Bash had speakers citing a need to safeguard access to the drug for medical use.

“We are going to have major threats this year” to Michigan’s medical marijuana law, speaker Chuck Ream, 64, of Ann Arbor told the crowd. Ream led the campaign in 2004 to pass Ann Arbor’s medical marijuana ordinance. Michigan voters passed the statewide law in 2008.

Campus police generally don’t interfere with the Hash Bash unless there is public endangerment or blatant law-breaking. U-M public safety officers arrested 10 people for marijuana possession and two for using the drug. Another person was cited for having an open alcoholic beverage, department public information officer Diane Brown said.

Standing in the audience, Marni Glovinsky, 35, cheered the speakers. Glovinsky said she has fibromyalgia and is a state-approved medical marijuana patient. The marijuana “helps my pain a lot,” she said.

“I think a lot of people are abusing the law, but for people who need this medically, it’s wonderful,” Glovinsky said.

Many Hash Bash speakers are annual fixtures, including emcee Adam Brook, 42, of Royal Oak, who led the event for its last two decades.

“When I started out, this was just about getting high. Now, it’s about medicine, too,” Brook told the crowd.

Former New Mexico Gov. Gary Johnson, a Republican who advocates the legalization of marijuana, also spoke. He is on a nationwide tour that some say is to explore his presidential chances.

Johnson told the crowd he was proud of them for supporting the legalization of marijuana. Before the Hash Bash, Johnson said that he believes marijuana should be inspected, taxed and otherwise “treated like alcohol.”

At the edge of the crowd was Bryan Washington, 34, of Ann Arbor, who had his 3-year-old daughter, Bethany, on his shoulders.

“I don’t want her around the smoke, but I don’t have a problem with her knowing what marijuana is. It should be regulated, just like alcohol and tobacco,” Washington said.

 

Medical Marijuana VS. The IRS

In a post on Drug War Chronicle, criminal justice journalist Clarence Walker reports that the DEA and FBI are together putting pressure on banks in northern California to report any suspicious activity pertaining to the sale of marijuana.  Rather than get involved in messy federal investigations, many banks have opted to simply close the accounts of medical marijuana dispensaries. The news comes at the same time as other recent stories, as reported by The Colorado Independent and The American Independent, have implicated federal efforts to cut the legs off of medical marijuana dispensaries that operate within state laws but are in murky legal territory according to federal drug statutes.

As The American Independent has reported, perhaps the most effective of these tactics is a push within the IRS to audit the books of medical marijuana dispensaries and declare all business deductions ineligible. If the move continues and isn’t overruled in court, it could mean that all but the largest dispensaries in the country could shut down within months.

Allen St. Pierre, Executive Director of the National Organization for the Reform of Marijuana Laws (NORML), tells The American Independent that he believes this is phase three in a federal push to stymie medical marijuana that began in 1996, when medical marijuana first became legal in California. St. Pierre says that federal investigators first went after doctors, threatening to convict any who discussed medical uses of marijuana with patients as accomplices in the procurement and possession of marijuana. That tactic was declared unconstitutional in the case Conant v. McCaffrey.

Read more of this article at:  http://michiganmessenger.com/

Contributing Author: Samantha Moffett

Compassioncaregroupmi@gmail.com

Defendants From Medical Marijuana Raids Bound Over

From theoaklandpress.com

The medical marijuana case involving eight people arrested during an Aug. 25, 2010 drug raid has been bound over to Oakland County Circuit Court.

Judge Richard D. Kuhn Jr., with Waterford’s 51st District Court, issued an opinion and order Monday involving defendants William Joseph Teichman and Candace Teichman, both of White Lake,  Brian Vaughan, Matthew John-Drinnon Miller, Laval Anthony Crawford, Kirk Alan Swafford and Jennifer Zuck, all of Waterford, and Todd Robinson of Southfield. The eight were charged with various counts of delivery or possession and manufacture of marijuana, a controlled substance.

Click here to read more about the medical marijuana issue in Oakland County.

Prosecutors contend the charged offenses occurred July and August 2010. An investigation was conducted into marijuana sales taking place at Everybody’s Cafe in Waterford and Herbal Remedies in Waterford. During those months, various undercover officers entered the cafe and Herbal Remedies, and were sold marijuana and products.

The Aug. 25 raids — conducted by the Oakland County’s Narcotics Enforcement Team at various growing operations and marijuana dispensaries across the county — resulted in the arrest of nearly 20 people. Officials said the charges included possession of marijuana with intent to deliver and other charges.

Defendants’ attorneys argued before Kuhn that undercover officers used “forged” documents to purchase or receive the marijuana. Kuhn said defendants maintained they were qualified patients or caregivers and entitled to protection under the Michigan Medical Marihuana Act.

Kuhn noted the prosecutors established probable cause “to believe that the crimes were committed and the defendants committed them.”

He said the defense often referred to protections in the Medial Marihuana Act but did not spell out if the marijuana involved was being used for medical purposes or if defendants’ conduct was in “strict accordance” with the act’s provisions.

Kuhn referenced a flyer left in the courtroom during the defendants’ appearances.

The flyer titled “Support the Cause” demonstrated, Kuhn wrote, that the “Cause” exceeded “protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.”

Kuhn concluded that there was probable cause to believe crimes were committed and that the defendants were to be bound over to Oakland County Circuit Court on all charges listed in the first complaint.

William and Candace Teichman are to appear before Oakland County Circuit Judge Phyllis McMillen on April 7.

To read the full story click here

Compassioncaregroupmi@gmail.com