Pubdate: Wed, 9 Feb 2011
Source: City Pulse (Lansing, MI)
Copyright: 2011 City Pulse
Contact:  http://www.lansingcitypulse.com/
Details: http://www.mapinc.org/media/4532
Author: Andy Balaskovitz
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Bookmark: http://www.mapinc.org/topic/DEA
Bookmark: http://www.mapinc.org/topic/Okemos
Bookmark: http://www.mapinc.org/topic/Americans+for+Safe+Access
Bookmark: http://www.drugsense.org/cms/geoview/n-us-mi (Michigan)

DEA IN DELHI

The Tri-County Metro Narcotics Squad Raids a Medical Marijuana 
Growing Operation That Might Be Two Plants Over the State Limit. 
Small Stuff - Yet the Narcs Call the Feds. Why?

On the morning of Dec. 7, Deputy James Every of the Tri-County Metro 
Narcotics Squad found 146 cannabis plants growing in a basement of a 
house five miles west of Mason.

But instead of confiscating the plants and arresting the two growers 
who showed them to him, Every called in the federal Drug Enforcement Agency.

Since then, federal marijuana charges have been brought against 
Randall Lloyd Darling and Joseph David Johnson, the two growers who 
showed Every the plants. They face a minimum of five years in prison 
for growing more than 100 cannabis plants. Johnson's lawyer says 
Johnson and Darling were both medical marijuana patients and 
caregivers, operating legally within the state statute.

But Tri-County, the DEA and the U.S. District Attorney's Office are 
not saying why Tri-County would come investigate a grow operation and 
then turn to the DEA to finish it up.

Ingham County Prosecutor Stuart Dunnings said his office was not 
involved with Tri-County's actions. He said that if Tri-County was to 
come across a grow operation that is legal in Michigan but against 
federal law, they can call in the feds.

"If they stumble across what they believe is a federal offense, they 
have sole discretion to hand it over as a federal matter," Dunnings said.

So now potentially legal growers must concern themselves with 
violating federal laws? Dunnings suggests there may be some sort of 
plant "threshold" at which the DEA decides to take a case, but he did 
not offer a specific count.

"Apparently whatever these people were doing was in violation of 
federal law," he said. "They must be in violation of the criteria the 
DEA has set up."

Kris Hermes, a spokesman for the national cannabis advocacy group 
Americans for Safe Access, has watched this go on since the years of 
former President George W. Bush. He said it depends on the local law 
enforcement agency's attitude toward medical marijuana. It ranges 
from local police encouraging DEA involvement to perhaps the two 
sharing services, Hermes said.

"In other cases, the DEA acts alone and doesn't even inform local law 
enforcement on an investigation," he said. But he added that a "vast 
majority" of raids occur with cooperation between the DEA and local 
law enforcement.

"Unfortunately in some places, local law enforcement can't seem to 
get enough evidence of wrongdoing, and they will turn to the federal 
government knowing they can prosecute and often convict," Hermes said.

An account by DEA special agent Scott Syme details what happened 
before his team raided the house.

On the morning of Dec. 7, the Michigan State Police Fugitive Team 
arrived at 4942 Nichols Road about five miles west of Mason. The team 
was acting on information that by growing pot Darling was violating 
probation stemming from a Clare County conviction on a felony weapons 
charge. Darling was less than two months into a one-year probation 
after he was convicted of carrying a concealed weapon without a 
permit. His probation conditions include not violating any criminal 
laws and not using or possessing controlled substances.

As the grow was discovered, the State Police called the Ingham County 
Sheriff 's Department, which then called the Tri-County Metro 
Narcotics Squad to investigate.

Every of Tri-County arrived at about 9:20 a.m. Darling and Johnson 
showed him 146 plants growing in two separate rooms in the basement. 
Every also "observed a gallon size zip lock baggie containing 
suspected marijuana along with a trash bag of clippings," according 
to Syme's statement.

 From there, the DEA executed a federal search warrant and 
confiscated the plants and growing equipment.

Darling may have violated his probation by growing medical marijuana, 
but that remains to be seen. John Cordell, a spokesman with the state 
Department of Corrections, said Darling's probation conditions have 
not changed since he first began monitoring in October.

Bob Baldori - Darling's attorney - has said both men are medical 
marijuana patients and caregivers for their maximum five patients. 
While that could only allow them to grow 144 plants together, Baldori 
believes more caregivers were operating out of the house. Attempts to 
reach Darling's attorney Jack Vogl were unsuccessful.

Hermes said sometimes the DEA will raid a growing facility or 
dispensary but not bring forth any charges. That is the case for a 
group of caregivers who were raided for growing more than 400 plants 
in Okemos on Nov. 30.

But don't expect the DEA to answer for itself, Hermes said.

"The federal government never has to go to the extent of validating 
their claims," he said. "When you prosecute someone in federal court, 
you can unfortunately keep out any reference to medical marijuana."

About five years ago, the U.S. Supreme Court ruled in U.S. vs. 
Oakland Cannabis Buyers' Cooperative that being licensed to grow 
medical marijuana is not a legitimate defense in federal court. "The 
issue of whether or not this person was in compliance with state law 
never comes up," Hermes said.

A trial for Darling and Johnson is scheduled to begin April 5 in the 
U.S. Western District Court in Grand Rapids. 
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MAP posted-by: Richard Lake