Medical Pot Garden Seized On A Technicality

420 Warrior

Well-Known Member
Legal marijuana operation was found to be in violation because a hired worker didn't have a grow card

Medford Area Drug and Gang Enforcement investigators cited two men on felony marijuana charges after it was found a medical marijuana garden operator illegally hired a man to tend to his crop.

MADGE investigators were called to the house in the 1400 block of Andrew Drive on Tuesday to look for evidence of an illegal marijuana garden.

They found marijuana growing in a backyard greenhouse and inside the home. The search yielded 62 mature plants, 104 starter plants, 13 pounds of usable marijuana and 12 pounds of dried marijuana. The house also contained $4,355 in cash believed to be proceeds from drug trafficking, MADGE Lt. Brett Johnson said.

The resident, Garland Duane Winkle, 53, claimed the garden was within Oregon Medical Marijuana Program guidelines. He said he served 20 cardholders.

Johnson said the garden was within the 20-card limits, but had violated OMMP guidelines because Winkle had hired a man who did not have a marijuana card to maintain the garden.

"If you veer outside the guidelines then the entire grow operation becomes illegal," Johnson said. "You take your garden out of legal boundaries if you break the law."

Winkle reportedly hired Richard Bradley Seegmiller, 23, of the 200 block of South Fifth Street in Central Point, to help process the marijuana.

Winkle and Seegmiller were cited for possession and manufacture of marijuana.

The entire garden was seized by MADGE and placed in storage until the case is adjudicated, Johnson said.

Johnson said medical marijuana providers should take pains to become familiar with the OMMP and state marijuana laws.

"We know that there are a lot of gardens that hire people without cards to work on processing marijuana," Johnson said. "If you do that, you are operating outside the law. You just can't have anyone come work on your medical marijuana garden."

The Medford Area Drug and Gang Enforcement Team is a multijurisdictional drug and gang task force supported by the Oregon High Intensity Drug Trafficking Area ( HIDTA ) Program and the following law enforcement agencies: Medford Police Department, Jackson County Sheriff's Department, Oregon State Police, Federal Bureau of Investigation, Jackson County District Attorney's Office and Jackson County Community Justice.

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News Hawk - 420 Warrior 420 MAGAZINE
Location: Medford, OR
Source: The Mail Tribune
Author: Chris Conrad
Contact: letters@mailtribune.com
Copyright: 2012 The Mail Tribune
Website: www.mailtribune.com
 
You gotta be freakin kidding me. It's about time that we start putting the pressure on lawmakers to de-criminalize this PLANT. So now we are going to WASTE taxpayers money to ruin these mens lives? Unreal!
 
I can understand they want everyone working there to have a card, but to seize the whole operation? You have to be kidding me..The people in charge of this country/states are so out of whack and out of touch with the general public, it's not even funny. Honestly, if I were that guy, I would sue them.

Not sure if he has a case to sue them, but I would sure dig something up.
 
When the law goes after people like this it makes me feel ashamed of our legal system. The longer I live the more I hate cops! The more I do not trust my government and the more I come to realize that we are a nation full of sickening people that thrive on hurting decent human beings who are guilty of nothing more than being a successful businessman/women entrepreneur. When was the last time you had a positive interaction with a cop? For me it has been too long to remember. I no longer look at them with respect. I look at cops with utter disgust and repulsion!
 
@Lord Indica, we know we disagree on cops. Generalization here is wrong and the finger is pointing the wrong way. The American sheeple elect policy makers, who create and enforce policies. The police are just executing policy.

I've had plenty of good interactions with the police and I'm a minority. There was one bad one...I was doing business in L.A. once and got pulled over for a traffic violation, only to have some rookie chick pointing her gun at my head in a case of "mistaken identity". After that, I only got a warning.

I am however appalled that an unarmed grandpa was shot and killed way down in Arizona while holding his toddler grandson. The trigger happy cop thought the man was reaching. Uh, OK...benefit of the doubt. HOWEVER, this same trigger happy cop has been involved in six other officer involved shootings, five ending in fatality.

No benefit of the doubt anymore. This guy should be given a desk job, kicked off the force, or arrested. I have to believe this one is really going to be investigated.

No group is perfect, including potheads.

Back on topic...

This raid is a ridiculous abuse of power. For all of those who are whining that "something's got to be done", did you participate in the ASA week of action last week? Donate money to the very lawyers who are fighting for our rights on this issue?

I do have to think, WTF? Is our incredibly huge and controlling government that bored?
 
@Lord Indica, we know we disagree on cops. Generalization here is wrong and the finger is pointing the wrong way. The American sheeple elect policy makers, who create and enforce policies. The police are just executing policy.

I've had plenty of good interactions with the police and I'm a minority. There was one bad one...I was doing business in L.A. once and got pulled over for a traffic violation, only to have some rookie chick pointing her gun at my head in a case of "mistaken identity". After that, I only got a warning.

I am however appalled that an unarmed grandpa was shot and killed way down in Arizona while holding his toddler grandson. The trigger happy cop thought the man was reaching. Uh, OK...benefit of the doubt. HOWEVER, this same trigger happy cop has been involved in six other officer involved shootings, five ending in fatality.

No benefit of the doubt anymore. This guy should be given a desk job, kicked off the force, or arrested. I have to believe this one is really going to be investigated.

No group is perfect, including potheads.

Back on topic...

This raid is a ridiculous abuse of power. For all of those who are whining that "something's got to be done", did you participate in the ASA week of action last week? Donate money to the very lawyers who are fighting for our rights on this issue?

I do have to think, WTF? Is our incredibly huge and controlling government that bored?

Yes you are right and I apologize for my harsh words. I have some personal reasons that I spouted off like that. I hope I do not offend anyone for my rant. Just know that it is meant in jest and as a mindless tirade during my early morning coffee. I in no way want to see anyone hurt whether they are officers or not. Peace to all who uphold the law with honor and dignity and do not use it to satisfy their thirst for power and profit. Peace
 
:Namaste:

Cannabis and cannabis users are seen by 45% of our community as dangerous and criminal. With racism, Mexican drug wars and headlines of cannabis users gunning down cops in paranoia...ours is an uphill battle.

We must be seen as more normal than NORML.
 
The entire garden was seized by MADGE and placed in storage until the case is adjudicated, Johnson said.

This is total bullshit and both the local ans state should be held accountable for illegally taking someones property without their day in court. Laws need to be passed when a state becomes a MMJ provider, that they can not shut down legal operations because a small rule violation.

This does not apply to other businesses, they get a citation from code enforcement, they also have a legal process to fight the violation and they don't loose there life, life style, income and access to their medication while they go thru the process.

A bar can serve a minor and addictive drug like Budweiser beer and will get a citation and be fined but can reopen the next day...

We the people should not be so happy that the state passed the MMJ law, we the people need to also insure that the laws are also passed to protect us from all the "BAD SEED'S" in the legal system.

We all know what can happen when a cop pulls you over for simply NOT using your turn signal...:peace:
 
Yup thats how it is run up here in Michigan they just come in and smash everything we waste so many tax $ it isn't even funny. And they do this all while they lay off fireman and close schools because of money problems! It's a joke and a sickening one!
 
What did he expect? It's already hard enough to not get in trouble when you are following the mmj rules. Why hirer someone who legally cannot grow? He asked to be raided when he hired that man.
 
We have similar laws here in Co, they are well known by the dispensaries, so why in the fuck would you hire someone without a card??? In all honesty as wrong as the cannabis laws are, I think that you should be pissed at the guy who hired the employee without the card, he is the one that endangered his employee's and his grow op...He is the idiot......
 
Yes, the government knows people are going to bend and break the rules. The government isn't sleeping; it's monitoring what we type and how the money is flowing. Breaking the law not only endangers ourselves, but it puts all of our progress at risk.


Medical cannabis is *not* alcohol; it's a controlled substance and all of us need to be responsible.
 
It saddens me to hear Irie, mikey and get right side with the law enforcement. This shit should not be illegal in the first damn place. We are being held prisoners in our own country. Do any of you realize that this plant is a naturally occurring organism? I guess next we should not fight what happen to King in Kentucky either right. I mean it is perfectly normal for a cop to walk up to a random door, kick it off it's hinges, throw everyone inside on the ground with guns pointed at their heads because they heard him "scurry". right? Sounds reasonable. They sit around at night and find ways to arrest you even if you follow the rules. That's what they are paid to do and I hope they burn in hell along with whoever supports their cause in any way shape or form. I get so angry when I hear these things that I could climb a clock tower. Marijuana is not, I repeat not suppose to be illegal, so anybody that goes after someone in the name of the marijuana laws are anti America, Anti peace and a sorry SOB all the way around. You let them have this victory and you will see, it will not end there. The guy made a mistake so acording to you 3 it is perfectly okay to ruin his gear, starve him out and ruin the rest of his life? Give me a BREAK! You are either for the repeal of the prohibition of marijuana or you not. Which is it? Anyone arrested for any damn reason pertaining to marijuana (aside from serving it to minors) should be aquitted and all charges dropped period!
 
Yes you should never break the rules at all I agree

So make sure you pay every last cent in taxes man don't you dare not follow the rules. I do not think that is what Quincey, Adams, jefferson, washington and all the other founding fathers said when we decided we had had enough of Britain. This is a fight! This is not a pissing contest and until we start treating it like a fight we are going to lose homes, businesses, freedom and it will not stop there. Our government will stop at nothing to have you lose your rights. Do you really think some guy in a desert knocked over the WTC? That was done so we could move into Iraq and put someone in place that would play ball with the oil companies. The oil companies are the ones who are really against legalizing MJ not big pharma (although they do not want it either). Yes I am out of weed and a bit on edge! But this kind of lackadaisical way of thinking is killing us in the fight to end prohibition!
 
It's not taking sides of any sort! There are rules for everything and if the rules say no workers without the cards then that's what the rules are its easy to follow them as well as break them and we all know them. So it's not taking sides it just stating the facts. As far as it needing to legalized I agree it should be and I agree with that. I also beleave that liqure should be illegal but it is what it is and there are rules to be followed it everything we just need to fight to get the rules to be made more friendly for us all
 
Fighting is not violence. Fighting is not hatred, or anger or carping. Fighting is money and action. Two things we who medicate or partake are notoriously short on.
 
Shoulda woulda coulda. I agree that pot should not be illegal, but it is not. Yes I realize that pot is a natural occuring organism. We're talking about how this guy hired someone without a card to grow weed, NOT about the Kentucky incident. No, police are not payed to arrest you if you're following the rules. Come on now, I know you're upset but don't be silly.

The guy may have made a mistake but when it deals with something as sensitive as MMJ laws, you should not, I repeat, should not have made one. I, for one, do not think he made a mistake.

You said
You are either for the repeal of the prohibition of marijuana or you not. Which is it? Anyone arrested for any damn reason pertaining to marijuana (aside from serving it to minors) should be aquitted and all charges dropped period!
I am totally for ending the prohibition of marijuana BUT when a law is a law EVERYONE has to follow it regardless of what you think of it. Stop comparing mmj laws to the rest of the laws.

You need to sit back, smoke yourself retarded and CHILL OUT.
It saddens me to hear Irie, mikey and get right side with the law enforcement. This shit should not be illegal in the first damn place. We are being held prisoners in our own country. Do any of you realize that this plant is a naturally occurring organism? I guess next we should not fight what happen to King in Kentucky either right. I mean it is perfectly normal for a cop to walk up to a random door, kick it off it's hinges, throw everyone inside on the ground with guns pointed at their heads because they heard him "scurry". right? Sounds reasonable. They sit around at night and find ways to arrest you even if you follow the rules. That's what they are paid to do and I hope they burn in hell along with whoever supports their cause in any way shape or form. I get so angry when I hear these things that I could climb a clock tower. Marijuana is not, I repeat not suppose to be illegal, so anybody that goes after someone in the name of the marijuana laws are anti America, Anti peace and a sorry SOB all the way around. You let them have this victory and you will see, it will not end there. The guy made a mistake so acording to you 3 it is perfectly okay to ruin his gear, starve him out and ruin the rest of his life? Give me a BREAK! You are either for the repeal of the prohibition of marijuana or you not. Which is it? Anyone arrested for any damn reason pertaining to marijuana (aside from serving it to minors) should be aquitted and all charges dropped period!
 
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