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A 45-year-old Cadillac woman was charged Thursday with illegally selling medical marijuana in Clare County.
Rosalyn Swaffer's arrest Wednesday was the third in a week involving the alleged illegal sale of medical marijuana.
Swaffer was charged Thursday in 80th District Court in Harrison with delivery/manufacture of marijuana, which carries a maximum penalty of four years in prison.
Swaffer is accused of selling marijuana at the Clare Compassion Club in Grant Township to people who were not patients of the club, Clare County Sheriff's Detective Sgt. Michael Con said.
Clare County Prosecutor Michelle Ambrozaitis served cease and desist orders on compassion clubs after the Michigan Court of Appeals ruled that such businesses were not legal under the Michigan Medical Marijuana Act.
That ruling stemmed from an Isabella County case, which the Michigan Supreme Court in March agreed to hear.
Michigan Court of Appeals judges ruled Brandon McQueen and Matt Taylor's Compassionate Apothecary in Mt. Pleasant a public nuisance and said patient-to-patient sales were illegal.
Until the Michigan Supreme Court hears and reversed the appeal's court's opinion, the McQueen case established precedent that dispensaries are illegal.
Police continued to get complaints that the Clare Compassion Club was still operating after being served the cease and desist order several months ago, Coon said.
Coon saw a sale and was able to talk to the buyers of the marijuana.
They indicated that they were legal medical marijuana card holders but said they did not have caregivers, Coon said.
Without the proper caregiver/patient paperwork, it is illegal to obtain medical marijuana, Coon said, adding that the caregiver was not licensed to the patient.
Ambrozaitis said her office and law enforcement have both received numerous complaints about the Clare Compassion Club since she issued the cease and desist orders.
"Since the issuance of that first cease and desist order, my office and law enforcement have received repeated complaints that the Clare Compassion Club owners continued to sell marijuana to individuals who were not their registered patients," Ambrozaitis said. "This prompted a second cease and desist order being served upon the owners."
Another dispensary alleged to have sold medical marijuana illegally is the Caregiver's Club, which Ambrozaitis said opened up shop in Harrison and the owners, Don and Billie Jo Hogan, said they were only going to provide networking opportunities for patients to connect with caregivers and educational opportunities.
Ambrozaitis said her office immediately started getting complaints that the Caregiver's Club was selling marijuana to people who were not registered patients.
Those complaints prompted Coon to arrest the Hogans, who were charged June 15 in 80th District Court with delivery/manufacture of marijuana and conspiracy to deliver/manufacture marijuana.
Ambrozaitis, who said she fully supports the Medical Marijuana Act, said she is waiting and watching as the courts and the Legislature clarify the issues; until then, she will prosecute those who refuse to abide by the law.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: themorningsun.com
Author: Susan Field
Contact: The Morning Sun -
Website: The Morning Sun - Woman charged with illegal sale of medical marijuana
Rosalyn Swaffer's arrest Wednesday was the third in a week involving the alleged illegal sale of medical marijuana.
Swaffer was charged Thursday in 80th District Court in Harrison with delivery/manufacture of marijuana, which carries a maximum penalty of four years in prison.
Swaffer is accused of selling marijuana at the Clare Compassion Club in Grant Township to people who were not patients of the club, Clare County Sheriff's Detective Sgt. Michael Con said.
Clare County Prosecutor Michelle Ambrozaitis served cease and desist orders on compassion clubs after the Michigan Court of Appeals ruled that such businesses were not legal under the Michigan Medical Marijuana Act.
That ruling stemmed from an Isabella County case, which the Michigan Supreme Court in March agreed to hear.
Michigan Court of Appeals judges ruled Brandon McQueen and Matt Taylor's Compassionate Apothecary in Mt. Pleasant a public nuisance and said patient-to-patient sales were illegal.
Until the Michigan Supreme Court hears and reversed the appeal's court's opinion, the McQueen case established precedent that dispensaries are illegal.
Police continued to get complaints that the Clare Compassion Club was still operating after being served the cease and desist order several months ago, Coon said.
Coon saw a sale and was able to talk to the buyers of the marijuana.
They indicated that they were legal medical marijuana card holders but said they did not have caregivers, Coon said.
Without the proper caregiver/patient paperwork, it is illegal to obtain medical marijuana, Coon said, adding that the caregiver was not licensed to the patient.
Ambrozaitis said her office and law enforcement have both received numerous complaints about the Clare Compassion Club since she issued the cease and desist orders.
"Since the issuance of that first cease and desist order, my office and law enforcement have received repeated complaints that the Clare Compassion Club owners continued to sell marijuana to individuals who were not their registered patients," Ambrozaitis said. "This prompted a second cease and desist order being served upon the owners."
Another dispensary alleged to have sold medical marijuana illegally is the Caregiver's Club, which Ambrozaitis said opened up shop in Harrison and the owners, Don and Billie Jo Hogan, said they were only going to provide networking opportunities for patients to connect with caregivers and educational opportunities.
Ambrozaitis said her office immediately started getting complaints that the Caregiver's Club was selling marijuana to people who were not registered patients.
Those complaints prompted Coon to arrest the Hogans, who were charged June 15 in 80th District Court with delivery/manufacture of marijuana and conspiracy to deliver/manufacture marijuana.
Ambrozaitis, who said she fully supports the Medical Marijuana Act, said she is waiting and watching as the courts and the Legislature clarify the issues; until then, she will prosecute those who refuse to abide by the law.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: themorningsun.com
Author: Susan Field
Contact: The Morning Sun -
Website: The Morning Sun - Woman charged with illegal sale of medical marijuana
