Truth Seeker
New Member
If it wasn't for Michigan's medical marijuana law, John Clemens Marcinkewciz II — a Big Rapids businessman, son of a former county prosecutor — insisted he wouldn't have grown marijuana.
And he wouldn't have found himself standing before a federal judge, facing a mandatory minimum sentence of five years in prison.
"I would have never grown it if the law was (not passed in 2008)," Marcinkewciz, 42, said outside of the federal courthouse in Grand Rapids on Wednesday, Oct. 24.
"Not to mention, I can't believe the state turned its back on me. I'm not a gangster. I'm a hard-working man."
U.S. District Judge Robert Holmes Bell, who handed down the five-year term, quizzed Marcinkewciz about the use of medical marijuana rather than prescribed drugs. He asked for documentation that proves "marijuana is the answer to pain."
"I understand it does relieve pain. So do a lot of things. What is so special about this other than it stones you?"
Marcinkewciz said marijuana worked better for his chronic pain than other drugs.
The judge also noted Marcinkewciz's previous run-ins with the law, including three drinking and driving offenses since 1991. In one of the stops, in 2004, police found cocaine that he said was for his own use.
"The first time you didn't learn, the second time you didn't learn, the third time you didn't learn," Bell said.
Bell said Marcinkewciz's trouble with substance abuse contrasted with his other side as a college-educated family man and successful businessman. Numerous letters of support described, in the judge's words, a "knight riding a white horse."
"Who's the person in front of me right now?" the judge asked. "Tell me, you're smart. ... What's going on? Do you respect the law? Really?"
Bell also noted he once met the defendant's late father, who was prosecutor in Delta County, and later an attorney in private practice.
"What would he have said about (Marcinkewciz's previous arrests)?"
"He would've been very disappointed, your honor."
Defense attorney Leon Weiss said Marcinkewciz isn't a "professional drug dealer" like many clients he has represented.
"I believe there is a difference between people who are professional drug dealers who don't care where (illegal drugs) end up, and somebody like John, who really did believe in the issue, but really, stepped over the line."
The government said he possessed 208 plants. The state law allows caregivers to have 12 plants per patient, and a maximum of five patients.
Weiss said his client didn't need five years, and criticized mandatory minimum sentences.
The judge allowed Marcinkewciz to remain free until after Jan. 1 to take care of his affairs. He also sentenced him to four years on supervised release. He has to perform 200 hours of community service every year on supervised release.
Outside of the courthouse, Marcinkewciz wondered why he faced federal charges.
Mecosta County prosecutors originally charged him, but those charges were dropped.
He is certain the penalty would have been lighter in state court. He noted that a Muskegon-area homebuilder, who grew 141 plants, was sentenced in July in state court to one day in jail and one year on probation for felony marijuana manufacture.
Marcinkewciz said it is hard to believe he will spend five years locked up.
Once the law passed, he and his girlfriend attended a class in Detroit on marijuana cultivation.
He said he was aware that marijuana was illegal under federal law regardless of the state law, but didn't foresee federal charges.
"Who'd have thought?"
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us - MLive.com
Website: Big Rapids man says medical marijuana law leads to prison sentence | MLive.com
And he wouldn't have found himself standing before a federal judge, facing a mandatory minimum sentence of five years in prison.
"I would have never grown it if the law was (not passed in 2008)," Marcinkewciz, 42, said outside of the federal courthouse in Grand Rapids on Wednesday, Oct. 24.
"Not to mention, I can't believe the state turned its back on me. I'm not a gangster. I'm a hard-working man."
U.S. District Judge Robert Holmes Bell, who handed down the five-year term, quizzed Marcinkewciz about the use of medical marijuana rather than prescribed drugs. He asked for documentation that proves "marijuana is the answer to pain."
"I understand it does relieve pain. So do a lot of things. What is so special about this other than it stones you?"
Marcinkewciz said marijuana worked better for his chronic pain than other drugs.
The judge also noted Marcinkewciz's previous run-ins with the law, including three drinking and driving offenses since 1991. In one of the stops, in 2004, police found cocaine that he said was for his own use.
"The first time you didn't learn, the second time you didn't learn, the third time you didn't learn," Bell said.
Bell said Marcinkewciz's trouble with substance abuse contrasted with his other side as a college-educated family man and successful businessman. Numerous letters of support described, in the judge's words, a "knight riding a white horse."
"Who's the person in front of me right now?" the judge asked. "Tell me, you're smart. ... What's going on? Do you respect the law? Really?"
Bell also noted he once met the defendant's late father, who was prosecutor in Delta County, and later an attorney in private practice.
"What would he have said about (Marcinkewciz's previous arrests)?"
"He would've been very disappointed, your honor."
Defense attorney Leon Weiss said Marcinkewciz isn't a "professional drug dealer" like many clients he has represented.
"I believe there is a difference between people who are professional drug dealers who don't care where (illegal drugs) end up, and somebody like John, who really did believe in the issue, but really, stepped over the line."
The government said he possessed 208 plants. The state law allows caregivers to have 12 plants per patient, and a maximum of five patients.
Weiss said his client didn't need five years, and criticized mandatory minimum sentences.
The judge allowed Marcinkewciz to remain free until after Jan. 1 to take care of his affairs. He also sentenced him to four years on supervised release. He has to perform 200 hours of community service every year on supervised release.
Outside of the courthouse, Marcinkewciz wondered why he faced federal charges.
Mecosta County prosecutors originally charged him, but those charges were dropped.
He is certain the penalty would have been lighter in state court. He noted that a Muskegon-area homebuilder, who grew 141 plants, was sentenced in July in state court to one day in jail and one year on probation for felony marijuana manufacture.
Marcinkewciz said it is hard to believe he will spend five years locked up.
Once the law passed, he and his girlfriend attended a class in Detroit on marijuana cultivation.
He said he was aware that marijuana was illegal under federal law regardless of the state law, but didn't foresee federal charges.
"Who'd have thought?"
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us - MLive.com
Website: Big Rapids man says medical marijuana law leads to prison sentence | MLive.com
