Norton Shores Medical Marijuana Cardholder Allegedly Caught With Too Many Plants

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Thomas Galloway, a leading high-end homebuilder in the Muskegon area and until recently a volunteer assistant softball coach at Muskegon Community College, is facing a felony charge of manufacturing marijuana punishable by up to four years in prison if convicted.

Galloway, 40, has medical-marijuana certification as both a patient and caregiver, allowing him to legally grow limited quantities of marijuana in the basement of his Norton Shores home.
Detectives with the West Michigan Enforcement Team, a multi-agency drug-fighting team, allegedly found nearly double the number of plants allowed under the Michigan Medical Marihuana Act growing in Galloway's home on April 20.

Galloway calls the case a simple "oversight on the plant count" that's been corrected.
Police allege Galloway admitted growing marijuana to sell it for revenue after his construction business suffered in recent years, according to WEMET police reports obtained by the Muskegon Chronicle with the Michigan Freedom of Information Act. Galloway denies saying that to police and says his homebuilding business, Galloway Custom Homes, is doing well.

Galloway was arraigned Tuesday in Muskegon County 60th District Court on one felony count of delivery or manufacturing marijuana. At arraignment he waived his right to a preliminary examination and was bound over to 14th Circuit Court for trial.

According to court records, Judge Andrew Wierengo III set a $10,000 bond and allowed Galloway to leave the state while on bond as long as he returns for all court dates.

According to police reports, WEMET detectives acting on an anonymous tip went to Galloway's home around 3 p.m. April 20 to investigate reports of a marijuana grow operation.

Galloway allowed them in and showed the detectives paperwork showing him to be certified as both a medical-marijuana patient and a caregiver for five other patients, allowing him to grow up to 72 plants, the maximum allowed by Michigan's medical-marijuana law.

Detectives found a total of 141 growing plants and seized 69 of them, according to the police report. They also found evidence that as many as 13 other small plants had been hastily pulled from pots and pushed into a drain, according to the report.

According to the WEMET report, Galloway allegedly told detectives that "about a year ago, he decided to become a caregiver for medical marijuana to make money to cover the bills" after his business went bad. The report also alleges Galloway said he doesn't even smoke marijuana despite being registered as a patient, which allows him to grow up to 12 plants for himself.

Galloway in a Chronicle interview Thursday denied making those statements to police.
Police also allege Galloway told them he sells marijuana to a wellness center in the Grand Rapids area for about $200 per ounce and grosses about $4,000 per month.

That, too, Galloway denies.

"That's not why we grow it. We grow it for our patients," he said.

Galloway said there was an instance of selling an overage to the center but it's not the reason he grows marijuana.

"It's not for profit, this is something we were helping people out and that's all it is," Galloway said. "This is just an oversight in our plant count for our patients. The oversight's been corrected. We're going to be a little more attentive to our patients' plant counts in the future."

Galloway was a volunteer assistant coach of Muskegon Community College's softball team until recently. The college said it has severed ties with him and he did not make the trip with the team to the national tournament in Mississippi this week.

Galloway's attorney, Jeffrey P. West of Muskegon, said it's unfortunate that a felony manufacturing charge seems to be the only law enforcement option against licensed growers who have too high a plant count.
"There are a lot of risks involved in growing medical marijuana, obviously," West said. "I think both the courts and the Legislature ought to spend time working out these details because it doesn't seem fair to prosecute someone like Tom Galloway in the same way you would prosecute somebody who doesn't have any authority to grow.

"We hope to work things out in court in away that protects Tom's future," West said.

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Source: mlive.com
Author: John S. Hausman
Contact: Contact Us - MLive.com
Website: Norton Shores medical marijuana cardholder allegedly caught with too many plants, faces felony charge | MLive.com
 
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