Pubdate: Sun, 30 May 2010
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2010 Livingston Daily Press & Argus
Contact: http://drugsense.org/url/Kk1qVKJf
Website: http://www.livingstondaily.com
Details: http://www.mapinc.org/media/4265
Author: Scott Davis

PROSECUTOR: RAID OF MARIJUANA CLUB NOT A TEST CASE

WILLIAMSTOWN TWP. -- The doors of the Green Leaf  Smokers Club were to
remain closed as authorities  continued to investigate drug charges
against its  owner.

But Ingham County Prosecutor Stuart Dunnings III said  he did not
pursue a raid of the club Wednesday -- and  the arrest of its owner,
the Rev. Frederick Wayne Dagit  -- as a test case for whether
marijuana smokers' clubs  can operate.

Dunnings said it was done in response to numerous  complaints by
citizens regarding illegal marijuana  activity.

Dunnings said he doubted that a criminal prosecution  could adequately
clarify the state law regarding  medical marijuana, which was
implemented last year.

"This law is so poorly written, it's not a question of  the Court of
Appeals clarifying some ambiguities,"  Dunnings said. "The law is so
bad, that the Legislature  is going to have to act."

Dagit, 60, was arraigned Friday in 55th District Court  on charges of
delivery or manufacture of more than 99  pounds of marijuana, which
carries up to a 15-year  prison sentence.

He also is charged with two counts of delivery or  manufacture of 11
pounds to 99 pounds of marijuana, a  seven-year felony; as well as
possession of marijuana  and maintaining a drug house at his home at
4911  Hillcrest in Meridian Township.

An ordained minister, Dagit said he opened the club on  Grand River
Avenue in February as a haven for patients  to buy medicinal marijuana
from caregivers and  socialize. He said he allowed caregivers to grow
marijuana at the club for their patients; Dunnings said  this
marijuana was not seized.

"Personally, I think (the arrest) is persecution," said  Jerry Merwin
of Leslie, a member of the governing board  for the Church for
Compassionate Care, which Dagit  founded. "(Dagit) is a good man
trying to help people  out. He was running everything by the book."

Although Dunnings said there are ambiguities in the  state law, he
said he has a solid case against Dagit.  Dunnings said the law clearly
only allows medicinal  marijuana patients to grow up to 12 marijuana
plants  and have 2.5 ounces of marijuana for themselves, or a
caregiver to grow up to 12 plants for up to five  patients each.

Dunnings said authorities seized more than 100 pounds  of "recently
delivered" marijuana at the club and at  Dagit's home, which is
outside the limits allowed by  law.

Dunnings said most of the marijuana was seized at  Dagit's home. He
added that authorities still are  trying to determine exactly how the
club operated.

Dagit, who was hospitalized Thursday following his  arrest, was
arraigned in person in District Court and  then lodged in Ingham
County Jail on a $500,000 cash or  surety bond. As a condition of
bond, he was ordered to  come no closer than 500 feet to his club.

Dagit asked the court to assign an attorney to  represent
him.

Meanwhile, a newly placed sign on the door of the Green  Leaf Smokers
Club on Friday said it would remain closed  through Monday "in
observance of Memorial Day." 
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MAP posted-by: Jo-D