Pubdate: Mon, 13 Feb 2012
Source: Macomb Daily, The (MI)
Copyright: 2012 The Macomb Daily
Contact:  http://www.macombdaily.com/
Details: http://www.mapinc.org/media/2253
Author: Jameson Cook
Bookmark: http://www.mapinc.org/topic/Big+Daddy

MEDICAL MARIJUANA DISPENSARY AVOIDS SHUTDOWN

A Chesterfield Township medical marijuana dispensary performed a 
legal end-around state Attorney General Bill Schuette on Monday by 
converting a civil complaint to criminal and avoiding the facility's shutdown.

Judge John Foster agreed with an attorney for Big Daddy's Hydroponics 
and Compassion Center that Schuette improperly attempted to have the 
judge find the facility in civil contempt and potentially shut it 
down and/or jail the owners.

Because the claim sought punitive, not coercive, action, the case 
should be treated as criminal contempt, Corbett O'Meara successfully argued.

"The attorney general came in here today expecting to leave here with 
an order shutting it down," O'Meara said.

Instead, Big Daddy's and its owners, Rick and Sue Ferris, face a 
misdemeanor criminal contempt charge, as one of their employees 
allegedly sold marijuana outside the guise of the Medical Marijuana 
Act. Schuette alleges the buyer, an undercover police officer, did 
not name the person who sold him the drug as his caregiver.

Instead of a show cause hearing, the owners were arraigned in front 
of a courtroom packed with Big Daddy's supporters; O'Meara said his 
clients, who were in the courtroom, stood mute.

O'Meara lambasted Schuette, accusing him of waging a "witch hunt" 
against medical marijuana operations and ridiculing Monday's legal effort.

"The attorney general is very confused about what the procedural 
requirements are due for someone charged with criminal contempt," O'Meara said.

Assistant Attorney General John Wright and attorney Colleen O'Connor, 
who represents Chesterfield Township, declined to comment to 
reporters after the hearing.

While the preference of facing a criminal charge over a civil 
complaint may seem counter-intuitive, the Ferris' were pleased with 
the outcome because they avoided a shutdown of their Gratiot Avenue 
business and believe they will prevail on the criminal contempt 
charge, O'Meara said.

Schuette alleged that the illegal sale last month violated Foster's 
order from late 2011 that compelled Big Daddy's to comply with the MMA.

However, Big Daddy's and Schuette differ on whether the alleged 
activity was illegal. Big Daddy's says a licensed caregiver can sell 
to any licensed patient while Schuette maintains that a caregiver can 
only supply five patients who name him or her.

Schuette says that on Jan. 25 undercover cop James Ruthenberg 
purchased a $20 membership at Big Daddy's using a fictitious 
identification and corresponding MMA patient license and bought 6.2 
grams, $60 worth, of "Bubba Kush" marijuana from caregiver "Katie." 
Ruthenberg did not name anyone as a caregiver on his card.

The criminal contempt charge is punishable by up to 93 days in jail, 
a $7,500 fine and can include probation and payment of damages to a victim.

A criminal charge also requires proving the case beyond a reasonable 
doubt compared to preponderance of the evidence for civil.

O'Meara said in court that the Ferris' were not present at the time 
of the alleged illegal sale. In fact, Rick Ferris was in the Oak Park 
district court for a legal matter regarding his marijuana facility 
there, he said.

The attorney said the Ferris' are aware that police likely will be 
targeting their business.

"My belief is they will have undercover police officers come into Big 
Daddy's every day," O'Meara said. "He (Rich Ferris) will continue to 
comply with the law."

The MMA was passed in 2008 by 63 percent of Michigan voters.

Backers of marijuana rights have launched a petition drive to 
decriminalize marijuana and were collecting signatures Monday in 
front of the courthouse.
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MAP posted-by: Jay Bergstrom