Pubdate: Wed, 11 Jan 2012
Source: Bay City Times, The (MI)
Copyright: 2012 The Bay City Times
Contact: http://www.mlive.com/mailforms/bctimes/letters/index.ssf/
Website: http://www.mlive.com/bay-city/
Details: http://www.mapinc.org/media/1453
Author: Cole Waterman

TENSIONS HIGH IN HEARING FOR MAN CHARGED WITH OPERATING ILLEGAL 
MARIJUANA CLUB IN BAY CITY

BAY CITY "" Sparks flew Wednesday afternoon when a Bay City lawyer 
accused police of breaking the law in their investigation of an area 
medical marijuana compassion club.

"My client is charged with a felony and they're the ones committing 
crimes,"  said attorney Edward M. Czuprynski during the preliminary 
examination of Joshua P. Perry, 26, pointing at Officer Tonya 
Laubscher during the exclamation.

Laubscher, an officer with the Midland Police Department, testified 
she acted as an undercover agent of the Bay Area Narcotics 
Enforcement Team, or BAYANET, on Sept. 26 when she entered Beacon of 
Light Compassion Center, 100 N. Catherine St. in Bay City. Laubscher 
said she used a driver's license with an alias and a fraudulent 
doctor's certification to buy marijuana from the club.

Laubscher said she bought 1 gram of the XXX strain of marijuana for 
less than $20. The pot was handed to her by Perry, she said.

Czuprynski claimed officers' use of such fraudulent documentation is 
inherently illegal. Bay County Assistant Prosecutor Jordan E. Case 
countered that police can use deception against criminal suspects 
prior to court proceedings.

Czuprynski also took issue with Laubscher appearing to smirk during 
his cross-examination of her.

At another point, Case argued that Czuprynski was using the hearing 
as a platform to speak out against BAYANET, whom Czuprynski recently 
publicly denounced, rather than focusing on the issue at hand. When 
District Judge Timothy J. Kelly advised Czuprynski to stay on task, 
Czuprynski responded that he'd take up the matter with the federal government.

Laubscher said she identified Perry as the one who sold her the 
marijuana after seeing a Secretary of State photo of him. When 
Czuprynski asked if she could state with absolute certainty if Perry 
was the same man, she said she could not.

The hearing ended with Kelly binding Perry over to circuit court on 
single counts of conspiracy to possess marijuana with intent to 
deliver and manufacturing marijuana.

Kelly said Perry had twice tested positive for marijuana use since 
his Dec. 12 arraignment, in violation of his bond. Czuprynski 
initially said it is Perry's right as a medical marijuana patient to 
use the substance, but later said Perry as a long-term user still had 
THC in his system when the judge implied he would revoke Perry's bond 
if he was continuing to use marijuana. Perry remains free on bond.

Johnnie V. and Corey R. Randall, Perry's codefendants and the owners 
of Beacon of Light, are facing a combined 16 counts in connection 
with their operation of the club. They waived their right to a 
preliminary examination and were bound over to circuit court.

Attorney Donna Beasley-Gibson, representing the Randalls, has said 
the center only accepts donations and staff does not dispense 
marijuana unless a patient provides the necessary documentation.

Another trio charged with illegally operating a Bay City compassion 
club, Terry L. and Peggy Horner and Ernest Rahn, also waived their 
right to preliminary hearings and were bound over to circuit court. 
The Horners and Rahn sold marijuana from E.T. Education & Compassion 
Club, 316 S. Henry St. in Bay City, police have said.

A state Court of Appeals ruled in August that "patient-to-patient 
sales"  of medical marijuana is prohibited.
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MAP posted-by: Keith Brilhart