Robert Celt
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A suspected Clio medical marijuana dispensary will remain closed, at least temporarily, after prosecutors filed a motion asking a judge to padlock the business for alleged violations of the state's medical marijuana laws.
Judge Archie Hayman ruled Monday, March 28, that a temporary restraining order shuttering Clio Caregiver Connection will remain in effect after prosecutors asked a judge for padlock the business for up to a year under the state's nuisance ordinance.
Genesee County Prosecutor David Leyton filed a nuisance ordinance violation March 3 against the business after an investigation by the Flint Area Narcotics Group alleged the business at 105. N. Mill St. was acting outside of the state's medical marijuana act.
"Dispensaries are not permitted under the Michigan Medical Marihuana Act," Leyton said after Monday's hearing. "We're merely following the law."
State law allows officials to padlock a property for up to a year over complaints of drug dealing.
FANG began its investigation into the facility Sept. 22, after receiving information that the facility was acting as a dispensary, according to the violation complaint.
Three separate controlled purchases of marijuana were conducted at the business, according to the complaint. The purchaser was a medical marijuana patient, but no person present at the facility was the registered caregiver for the buyer, the complaint claims.
State law allows individuals to serve as caregivers for medical marijuana patients, allowing them to possess up to 2.5 ounces of useable marijuana or 12 marijuana plants for each of their registered patients. Caregivers are allowed to have up to five patients.
Search warrants were obtained for the facility and executed Feb. 18. Officials claim they discovered multiple jars of marijuana in cases listed for sale, edible marijuana items, THC wax, suspected psychedelic mushroom cultivation, suspected LSD tabs in the business owner's vehicle, 12 marijuana plants and $860, according to the complaint.
The temporary restraining order was issued after authorities alleged the business continued operating even after the warrants were executed.
The business's owner did not appear in court for Monday's hearing. His name is not being released because he has not yet been arraigned on the suspected crimes.
The owner, when contacted by Mlive-The Flint Journal, declined comment and forwarded questions to his attorney, Farmington Hills-based Michael Komorn. Komorn could not be immediately reached for comment.
After the nuisance complaint was filed, the shop's owner launched a GoFundMe campaign to raise money for his defense.
"I have been helping people in the community since June, 2011," the business owner posted on the fundraising page. "There has been several instances where the police got involved, ignoring the laws. I opened the club as a safe haven for people to talk and socialize, along with getting their medications, mainly medical marijuana."
Leyton said legislators or the courts need to provide better more clarity on the state's medical marijuana law, which was approved by voters in 2008.
The Michigan House in October 2015 passed sweeping plans to create a highly-regulated medical marijuana industry and allow patients to purchase the drug at storefront dispensaries. However, the bill stalled in the state Senate.
It's the first medical marijuana facility Leyton's office has sought to padlock under the state's nuisance ordinance.
Since its inception, many local communities across Michigan have enacted measures that have both lessened the criminalization of the drug. Others have gone in the opposite direction to slow or block the availability of it.
The case will return to court April 25 when Hayman will be asked to decide if the business can be padlocked for up to a year.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Clio Medical Marijuana Facility Could Be Padlocked For Year After Raid
Author: Gary Ridley
Contact: MLive
Photo Credit: Dan Balilty
Website: MLive
Judge Archie Hayman ruled Monday, March 28, that a temporary restraining order shuttering Clio Caregiver Connection will remain in effect after prosecutors asked a judge for padlock the business for up to a year under the state's nuisance ordinance.
Genesee County Prosecutor David Leyton filed a nuisance ordinance violation March 3 against the business after an investigation by the Flint Area Narcotics Group alleged the business at 105. N. Mill St. was acting outside of the state's medical marijuana act.
"Dispensaries are not permitted under the Michigan Medical Marihuana Act," Leyton said after Monday's hearing. "We're merely following the law."
State law allows officials to padlock a property for up to a year over complaints of drug dealing.
FANG began its investigation into the facility Sept. 22, after receiving information that the facility was acting as a dispensary, according to the violation complaint.
Three separate controlled purchases of marijuana were conducted at the business, according to the complaint. The purchaser was a medical marijuana patient, but no person present at the facility was the registered caregiver for the buyer, the complaint claims.
State law allows individuals to serve as caregivers for medical marijuana patients, allowing them to possess up to 2.5 ounces of useable marijuana or 12 marijuana plants for each of their registered patients. Caregivers are allowed to have up to five patients.
Search warrants were obtained for the facility and executed Feb. 18. Officials claim they discovered multiple jars of marijuana in cases listed for sale, edible marijuana items, THC wax, suspected psychedelic mushroom cultivation, suspected LSD tabs in the business owner's vehicle, 12 marijuana plants and $860, according to the complaint.
The temporary restraining order was issued after authorities alleged the business continued operating even after the warrants were executed.
The business's owner did not appear in court for Monday's hearing. His name is not being released because he has not yet been arraigned on the suspected crimes.
The owner, when contacted by Mlive-The Flint Journal, declined comment and forwarded questions to his attorney, Farmington Hills-based Michael Komorn. Komorn could not be immediately reached for comment.
After the nuisance complaint was filed, the shop's owner launched a GoFundMe campaign to raise money for his defense.
"I have been helping people in the community since June, 2011," the business owner posted on the fundraising page. "There has been several instances where the police got involved, ignoring the laws. I opened the club as a safe haven for people to talk and socialize, along with getting their medications, mainly medical marijuana."
Leyton said legislators or the courts need to provide better more clarity on the state's medical marijuana law, which was approved by voters in 2008.
The Michigan House in October 2015 passed sweeping plans to create a highly-regulated medical marijuana industry and allow patients to purchase the drug at storefront dispensaries. However, the bill stalled in the state Senate.
It's the first medical marijuana facility Leyton's office has sought to padlock under the state's nuisance ordinance.
Since its inception, many local communities across Michigan have enacted measures that have both lessened the criminalization of the drug. Others have gone in the opposite direction to slow or block the availability of it.
The case will return to court April 25 when Hayman will be asked to decide if the business can be padlocked for up to a year.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Clio Medical Marijuana Facility Could Be Padlocked For Year After Raid
Author: Gary Ridley
Contact: MLive
Photo Credit: Dan Balilty
Website: MLive
