Pubdate: Mon, 24 Jun 2013
Source: Cadillac News (MI)
Copyright: 2013 Cadillac News
Contact:  http://www.cadillacnews.com/
Details: http://www.mapinc.org/media/3750
Author: Jeff Broddle

MEDICAL MARIJUANA DISPENSARY CASE GOES UP IN SMOKE

CADILLAC - A prosecuting attorney is reconsidering his options after 
drug charges were dropped against the former operator of a Haring 
Township medical marijuana dispensary. In the same investigation, two 
former dispensary employees have been sentenced after taking plea deals.

Charges of aiding and abetting delivery and manufacture of marijuana 
and a charge of conducting a criminal enterprise were dismissed by 
Judge William Fagerman against Christopher Frank Gee, 35, of Tustin, 
owner of the Twinn Bridges Compassion Club.

Missaukee County Prosecuting Attorney William Donnelly Jr. served as 
special prosecutor because one of Gee's employees had previously been 
represented by attorney Anthony Badovinac prior to his taking office 
as Wexford County prosecuting attorney this year.

Twinn Bridges Compassion Club was located in Haring Township. Gee 
said his business offered marijuana that was grown by himself for use 
by medical marijuana patients.

All charges against Gee were dismissed March 14 following a 
successful defense by his lawyer, Jessie L. Williams, of Traverse City.

Williams said he was successful in presenting an affirmative defense 
under Section 8 of the medical marijuana statute. Under the statute, 
a patient and his primary caregiver may assert the medical purpose 
for using marijuana as a defense to any prosecution involving the 
drug, as long as certain conditions are met, such as the patient 
having a medical marijuana card issued by the state, and a 
physician's professional opinion that the patient will benefit from 
the medical use of marijuana. Williams said that at all times the 
dispensary only handled transactions between card-holding patients 
involving small amounts of marijuana.

Williams also said that during the investigation, the Michigan Court 
of Appeals had not yet ruled that the law did not allow medical 
marijuana patients to sell pot to each other, and had not yet ruled 
that dispensaries could be immediately shut down as public nuisances.

Donnelly said his case hinged on how the medical marijuana statute 
defined the relationship between a caregiver, who produces the 
marijuana, and a patient. According to the statute, an individual can 
be licensed to be a caregiver for up to five other people.

Donnelly said that in the Twinn Bridges Compassion Club case, 
marijuana had been sold to someone who did not have Gee or his two 
employees listed as their caregiver.

But while Gee had his case dismissed, two former employees, who faced 
the same charges, were sentenced Monday for their roles in the 
business. The dispensary voluntarily shut down in August 2011 after 
being in business about seven months, citing a Michigan Court of 
Appeals ruling that holders of medical marijuana cards could not sell 
pot to each other.

Neither of the former employees will receive jail time if they 
successfully complete probation, but each has taken a plea deal 
including conditions of probation and fines.

Kreig William Woodbury, 46, of Evart, pleaded guilty to delivery and 
manufacture of marijuana and was sentenced to 18 months probation and 
two days in jail with credit for two days, as well as fines and fees 
totaling $1,035.

Woodbury's lawyer, Sean Liles of Traverse City, said Woodbury got 
caught up in the case because he was the employee who directly 
provided customers with their prescribed marijuana.

Woodbury said his understanding at the time he worked for Gee was 
that he was working within the confines of the state's medical marijuana act.

"I was trying to stay employed," he told Fagerman at his sentencing.

Liles said his client continues to look for a job. He also said 
circumstances did not merit Woodbury withdrawing his plea even after 
charges were dropped against Gee.

"It would appear here Mr. Woodbury was a collateral casualty," Liles said.

Although the attorney declined to state under what circumstances 
Woodbury would have withdrawn his plea, Liles also said he didn't 
advise his client to do so because he was concerned how it could have 
affected Woodbury had he rejected the plea deal and the case 
dismissing the charges against Gee were overturned.

The other employee was sentenced under the 7411 statute, meaning he 
will not have a conviction on his record if he completes the terms of 
probation. His file is now closed to the public.

Woodbury would not have qualified for 7411 status due to a previous 
drug conviction.

The prosecution has filed a motion for reconsideration in Gee's case. 
It is scheduled for 9 a.m. on June 21.

"Our perception is that a caregiver is someone you have designated, 
not someone who has some marijuana and has offered to sell it to 
you," Donnelly said.
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MAP posted-by: Jay Bergstrom