Pubdate: Thu, 14 Jul 2011 Source: Midland Daily News (MI) Copyright: 2011 Midland Daily News Contact: http://www.ourmidland.com/submissions/?mode=letters Website: http://www.ourmidland.com/ Details: http://www.mapinc.org/media/4293 Author: Kelly Dame JUDGE TO DECIDE ON RESTRAINING ORDER AGAINST Coleman resident Chris Gee likens himself to a pharmacist, directing medical marijuana cardholders to the right strain of marijuana to help them, and said he will comply with whatever changes are necessary to continue the work. Midland County Prosecutor Mike Carpenter says Gee's are actions in violation of the voter-enacted Michigan Medical Marihuana Act and a public nuisance, and has asked a judge to shut down Gee and his business, the Twinn Bridges Compassion Club. In a court hearing Wednesday, Carpenter also asked Midland County Circuit Court Judge Michael J. Beale to render an opinion on the legality of medial marijuana in the county, looking for a consensus that the act is unconstitutional. About 40 people came to a hearing Wednesday morning to support Gee and Twinn Bridges. They left without a definitive answer, as Beale opted to write an opinion in the case rather than decide the matter at the bench. Gee first decided against taking the stand under his Fifth Amendment protection against self-incrimination, but later testified about how his business operates. "I've helped over 400 people in this town," he said, adding he has not, to his knowledge, dispensed medical marijuana to anyone who is not certified. "We're not a nuisance to nobody here." He said he has followed the advice of counsel in running the business, and uses medical marijuana himself after back-to-back auto accidents and multiple surgeries. He switched from narcotic medications. "I've done more in the last year than I did in five," he said, giving credit for the change to medical marijuana. The stock in the store comes from patients who grow their own marijuana, and end up with small amounts of usable marijuana that are in excess of the 2.5 ounces allowed by the act. "Everybody is trying to stay legal," Gee said. It's sold for $35 to $55 per ounce, and it took four months to make a $1,500 profit, which he said he put into advertising. There are three employees and the store never has more than 12 ounces. The act allows each patient to possess 12 plants and 2.5 ounces of usable marijuana. A patient can designate a person as a caregiver, and a caregiver is allowed to have five patients, which is where Carpenter says the problem comes in. "He's providing to everyone, not his five patients," Carpenter said. "You're starting to run afoul of the law." The attorney representing Gee and his business is Thomas Lavigne of Detroit's Cannabis Counsel. Lavigne pointed out Gee's testimony that the business operates by transferring marijuana on a patient to patient basis, and said a section of the Michigan Medical Marihuana Act states that can occur: "No patient shall be subject to penalty for acquisition aE& or transfer," he quoted. Lavigne asked Beale to dismiss Carpenter's petition. "This is a privilege to set up a compassion club for all these beautiful patients seeking a cure," Lavigne said. "These are patients, they can't always grow." Without the club, they would be forced to buy off the streets, he said. "It's absurd." The comment drew applause from one supporter, which in turn drew a strict admonishment from Beale, who said no distractions would be allowed. Beale also paused both attorneys at different times, asking them to focus on the issue at hand. Also testifying at the hearing was Midland County Sheriff's Office employee Marsha Cabala, who went to Twinn Bridges on Tuesday seeking information. She said she was told she could see a doctor there to be certified to use medical marijuana. "I was under the understanding that once I got my papers, I would be able to buy," she said. A representative of the Michigan Attorney General's Office also attended the hearing as co-counsel for Carpenter. "Michigan voters didn't count on pot shops springing up across from their schools and churches," Attorney General Bill Schuette stated in a media release. "That's why I'm joining Prosecutor Carpenter to support his efforts to close an illegal marijuana dispensary." Schuette noted the Michigan Medical Marihuana Act does not authorize dispensaries and said he supports efforts by prosecutors to shut them down. Carpenter's petition is based on two recent opinions regarding the act - -- one issued by Michigan Attorney General Bill Schuette and one by Midland County Circuit Court Judge Jonathan E. Lauderbach. Lauderbach's opinion, addressing the cases of two men who asked to use medical marijuana while on probation, references the Supremacy Clause of the U.S. Constitution, which states federal law comes out on top when state and federal laws conflict. Marijuana, though legalized for medical use in Michigan, remains illegal under federal law. Lavigne holds the Supremacy Clause does not apply to medical marijuana use. "I really don't understand why all of a sudden when it comes to the medical marijuana act, lawyers and judges can't read plain English," Lavigne said. Carpenter argued that he needs a consensus on the law in order to properly enforce it. Without it, "there will be no way to decide or enforce criminal law aE& We will have a split in our own county," Carpenter said, adding clarification from a higher court may be necessary. If Beale were to concur with Lauderbach, the club would automatically be a nuisance, Carpenter said. "It will create chaos in our county if we have two circuit judges with different opinions," he said, adding that leaves law enforcement officials exposed to civil liability for doing their jobs. - --- MAP posted-by: Richard R Smith Jr.