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A federal prosecutor rejected any notion that the government targeted two men for prosecution because they registered under Michigan's medical marijuana law.
Lloyd Thomas Martin and Ronald Andrew Jach, alleging selective prosecution, asked that charges of conspiracy to manufacture 100 marijuana plants be dismissed.
Their attorneys said federal authorities have "an intent to attack" the state law.
But Assistant U.S. Attorney Mark Courtade said today that the defendants had no intention of following provisions of the state law — they grew marijuana for profit.
"Defendants bought marijuana patient cards illicitly in a ruse to claim, when they were inevitably arrested, that they were growing marijuana in accordance with Michigan law," Courtade wrote in an 11-page filing.
The government, in this case and others, filed a "motion in limine" to prevent the defendants from using the state medical marijuana law as a defense in federal court.
"This farce is one of the driving reasons behind the government's filing Motions in Limine to preclude defendants from raising any (medical marijuana) defense," Courtade wrote.
The defendants and two others are accused of conspiring to grow marijuana in Kent and Newaygo counties.
Their attorneys described Martin and Jach as "ordinary people" with medical marijuana cards.
Courtade said both violated state and federal laws for profit.
Martin delivered high-grade marijuana on Feb. 2 to an informant working for Kent Area Narcotics Team, the government said in court documents.
The informant was not a registered patient, the government said.
Martin allegedly said he sold directly to dispensaries.
He allegedly told a U.S. Drug Enforcement Task Force officer that he believed federal authorities would not prosecute if he kept his grow operations to fewer than 100 plants.
One of the co-defendants allegedly told authorities that they obtained patient cards at a dispensary, filled out an application, and, after paying a fee, faxed an application to a doctor they never met.
"Securing the (medical marijuana) cards was done with laughable ease and in violation of the spirit and intent of the Michigan law," Courtade said.
He said the men grew and possessed far more marijuana than would be allowed. Martin, Courtade wrote in the filing, told police that he sold marijuana to those with and without medical marijuana cards, but mostly to dispensaries, earning at least $250,000.
"Simply put, defendants were charged because the government believes that they are guilty of violating federal laws dealing with the manufacture and distribution of controlled substances and that they have no viable defense to the charges."
Courtade reiterated that the state's medical marijuana law "provides absolutely no protection from prosecution for violation of federal law," and said that the amount in this case far exceeded what would be allowed by state law.
Courtade said there was no showing of selective prosecution, and urged a judge to deny a defense request for a hearing on the issue. He cited 21 other cases in the Western District of Michigan in which defendants possessing more than 100 plants as medical marijuana have been prosecuted.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us - MLive.com
Website: Michigan's medical marijuana law a 'ruse' for grow operation, federal prosecutor says | MLive.com
Lloyd Thomas Martin and Ronald Andrew Jach, alleging selective prosecution, asked that charges of conspiracy to manufacture 100 marijuana plants be dismissed.
Their attorneys said federal authorities have "an intent to attack" the state law.
But Assistant U.S. Attorney Mark Courtade said today that the defendants had no intention of following provisions of the state law — they grew marijuana for profit.
"Defendants bought marijuana patient cards illicitly in a ruse to claim, when they were inevitably arrested, that they were growing marijuana in accordance with Michigan law," Courtade wrote in an 11-page filing.
The government, in this case and others, filed a "motion in limine" to prevent the defendants from using the state medical marijuana law as a defense in federal court.
"This farce is one of the driving reasons behind the government's filing Motions in Limine to preclude defendants from raising any (medical marijuana) defense," Courtade wrote.
The defendants and two others are accused of conspiring to grow marijuana in Kent and Newaygo counties.
Their attorneys described Martin and Jach as "ordinary people" with medical marijuana cards.
Courtade said both violated state and federal laws for profit.
Martin delivered high-grade marijuana on Feb. 2 to an informant working for Kent Area Narcotics Team, the government said in court documents.
The informant was not a registered patient, the government said.
Martin allegedly said he sold directly to dispensaries.
He allegedly told a U.S. Drug Enforcement Task Force officer that he believed federal authorities would not prosecute if he kept his grow operations to fewer than 100 plants.
One of the co-defendants allegedly told authorities that they obtained patient cards at a dispensary, filled out an application, and, after paying a fee, faxed an application to a doctor they never met.
"Securing the (medical marijuana) cards was done with laughable ease and in violation of the spirit and intent of the Michigan law," Courtade said.
He said the men grew and possessed far more marijuana than would be allowed. Martin, Courtade wrote in the filing, told police that he sold marijuana to those with and without medical marijuana cards, but mostly to dispensaries, earning at least $250,000.
"Simply put, defendants were charged because the government believes that they are guilty of violating federal laws dealing with the manufacture and distribution of controlled substances and that they have no viable defense to the charges."
Courtade reiterated that the state's medical marijuana law "provides absolutely no protection from prosecution for violation of federal law," and said that the amount in this case far exceeded what would be allowed by state law.
Courtade said there was no showing of selective prosecution, and urged a judge to deny a defense request for a hearing on the issue. He cited 21 other cases in the Western District of Michigan in which defendants possessing more than 100 plants as medical marijuana have been prosecuted.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us - MLive.com
Website: Michigan's medical marijuana law a 'ruse' for grow operation, federal prosecutor says | MLive.com
