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." - --- MAP posted-by: Jo-D