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A three-year court battle over the interpretation of the Michigan Marijuana Act as it pertains to collective grow operations has come to a likely conclusion with a plea agreement in Kent County Circuit Court. Ryan Bylsma pleaded guilty Monday, Dec. 2, to a high court misdemeanor charge of maintaining a drug house and simple possession of marijuana more than three years after Grand Rapids Police raided a building on Market Avenue where Bylsma ran a grow operation.
Police seized 88 plants from the facility on Sept. 15, 2010, and Bylsma was then charged with the felony crime of manufacture and delivery of narcotics. Bylsma, through his attorney Bruce Block, claimed he grew the plants as part of a collective within the secure facility. He said he was in compliance with the relatively new act, which had been approved by voters, because only 24 of the plants belonged to him. Bylsma said he was acting as a caregiver, although he had applied for a license to use medical marijuana himself.
Judge George Buth rejected the argument that Bylsma was in compliance because only 24 of the plants belonged to the defendant. That decision was upheld by the Michigan Court of Appeals and State Supreme Court. Buth later ruled that because Bylsma possessed more than the 24 plants, he could not argue that he was immune from prosecution because of the act since he did not follow the strict provisions of the law. After the plea hearing Monday, Block said the case was difficult because he believes his client made every effort to adhere to a law that was much murkier in 2010 than it is now.
News Moderator - The General @ 420 MAGAZINE ®
Source: Mlive.com
Author: Barton Deiters
Contact: Contact Us - MLive Media Group
Website: Man who ran medical marijuana collective pleads guilty to misdemeanor after 3-year court battle | MLive.com
Police seized 88 plants from the facility on Sept. 15, 2010, and Bylsma was then charged with the felony crime of manufacture and delivery of narcotics. Bylsma, through his attorney Bruce Block, claimed he grew the plants as part of a collective within the secure facility. He said he was in compliance with the relatively new act, which had been approved by voters, because only 24 of the plants belonged to him. Bylsma said he was acting as a caregiver, although he had applied for a license to use medical marijuana himself.
Judge George Buth rejected the argument that Bylsma was in compliance because only 24 of the plants belonged to the defendant. That decision was upheld by the Michigan Court of Appeals and State Supreme Court. Buth later ruled that because Bylsma possessed more than the 24 plants, he could not argue that he was immune from prosecution because of the act since he did not follow the strict provisions of the law. After the plea hearing Monday, Block said the case was difficult because he believes his client made every effort to adhere to a law that was much murkier in 2010 than it is now.
News Moderator - The General @ 420 MAGAZINE ®
Source: Mlive.com
Author: Barton Deiters
Contact: Contact Us - MLive Media Group
Website: Man who ran medical marijuana collective pleads guilty to misdemeanor after 3-year court battle | MLive.com
