Pubdate: Sun, 03 Apr 2016 Source: Washington Post (DC) Copyright: 2016 The Washington Post Company Contact: http://www.washingtonpost.com/ Details: http://www.mapinc.org/media/491 Author: Christopher Ingraham CAUGHT IN THE HAZE OF MARIJUANA LAWS A self-described Michigan "soccer mom" who had "every belonging" taken from her family in a drug raid has been cleared of all criminal charges, 19 months after heavily armed drug task force members ransacked her home and her business. But in many ways, her ordeal is only beginning. Annette Shattuck and her husband, Dale, had been facing felony charges of possession of marijuana with intent to distribute, possession with intent to manufacture marijuana and maintaining a drug house. But last month, Michigan Circuit Court Judge Daniel Kelly threw out all criminal complaints filed against the Shattucks "on the grounds of entrapment by estoppel," according to court filings. Entrapment by estoppel occurs when a government official leads a defendant to think that their conduct is permissible under the law. The Shattucks' case is an illustration of how the nation's patchwork marijuana laws can be a confusing mess for patients, businesses and law enforcement officials alike. Nearly two dozen states have medical marijuana laws, but they vary significantly. And even within states, various arms of government have clashed over how the laws are interpreted and enforced. In 2014, the Shattucks were starting up a marijuana dispensary under Michigan's medical marijuana law. They worked to ensure every last detail was in full compliance with the law as they understood it: They obtained the permission of the landlord of the building where the dispensary, called the DNA Wellness Center, was to be housed. They went to local planning commission meetings to obtain the proper permits and licenses. The town building inspector checked the property and approved the signage. According to court documents, the Shattucks even called the local sheriff 's drug task force to invite them to inspect the property and verify their compliance with the law. "We really went above and beyond," Annette Shattuck said in an interview. "We asked for help. We went out of our way to make sure that everything was legit." Butthe task force never inspected the property. Instead, acting on an anonymous tip that marijuana was being sold at the location, agents of the St. Clair County Drug Task Force conducted a number of "controlled buys," where informants with medical marijuana cards entered the dispensary and made purchases. That gave them enough probable cause to execute a raid. Michigan's existing voter-approved medical marijuana law doesn't address the legal status of dispensaries, leaving room for conflicting interpretations. The Shattucks' case is an example of what some drug policy experts say are the shortcomings of writing drug policy via ballot initiative. A more carefully considered piece of legislation may have clarified the gray areas that led to the raid on the Shattucks' home and business, for instance. Michigan's medical marijuana law, approved by voters in 2008, "is a very confusing statute," according to Stephen Guilliat, chief assistant prosecutor for St. Clair County, where the dispensary was located. "Whoever drafted it was either crazy as a fox or didn't know what they were doing." Of the 22 states plus the District with medical marijuana laws on the books, only Michigan, Montana and Alaska do not allow for medical marijuana to be sold from dispensaries. Patients in those states are, however, allowed to cultivate limited numbers of marijuana plants themselves, according to marijuana reform group NORML. Michigan's legislature has been working on legislation that would allow regulated dispensaries, but progress has been slow. Technically, the Shattucks' dispensary should not have been approved by the town planning commission, because the law does not provide for selling marijuana in dispensaries, Guilliat said. "I think the township probably thought they were doing the right thing, without knowing what the law says," he added. On July 28, 2014 - not long after the couple reached out to them to perform a compliance check - task force agents raided both the dispensary and the Shattucks' home. In addition to charging the Shattucks with marijuana-related drug crimes, they took a lawnmower, a bicycle, their daughter's birthday money, their marriage certificate and numerous other belongings, according to Annette Shattuck's testimony before the Michigan House last year. But Judge Kelly ruled last month that, because the town planning commission had signed off on the dispensary and because the Shattucks thought they were operating within the bounds of the law, "basic principles of due process preclude prosecution in this case." Annette Shattuck says "it's beyond exciting" to have the criminal charges cleared. But the tough work of getting her forfeited property back has only begun. Under asset forfeiture laws, police are allowed to seize and keep property suspected of involvement in a crime, regardless of whether the property's owners are ever convicted-or even charged, in many cases. Michigan's laws are particularly skewed against property owners, according to a 2015 report from the Institute for Justice. The nonprofit civil liberties law firm gave Michigan a D-minus on its forfeiture laws, citing "poor protections for innocent property owners" and policies that allow police to keep up to 100 percent of the proceeds from forfeited property, creating a profit motive for seizing belongings. Annette Shattuck says that since the charges have been dismissed, the drug task force has returned some of her property. But much of it is damaged. Electronic items are missing power cords and remotes. They returned her husband's guns and the safe he stored them in, but they didn't return the key. Shattuck says her marriage and birth certificates haven't been returned, and because the task force does not itemize seized documents in its paperwork, it has no record of taking them. "We had plans to get the property back and sell a lot of it to pay for legal fees," she said. "But now we can't." Sheriff Tim Donnellon, who oversees the drug task force involved in the raid, said that if any items or components are missing from their returned property, it wasn't intentional. He said the Shattucks should get in touch with the police supervisors overseeing the return. "We'll make things right for her," he added. Donnellon agrees with Guilliat, the assistant prosecutor, that murky statute language has made things difficult, not only for medical marijuana patients and care-givers but for law enforcement officials as well. "Medical marijuana in Michigan is a nightmare," he said in an interview. "It's really shifting sand. It changes continually. It's really an Achilles' heel for law enforcement." The tension between strict federal prohibition and state-level legalization is probably only to grow as more states consider changing their marijuana laws this year. The pending charges had made it difficult for the Shattucks to find work. Annette's husband, Dale, had worked in construction before starting up the dispensary. But because the police seized all his tools, he had difficulty returning to his old line of work. They turned to borrowing money from friends and family. "We owe a lot of people a lot of money ," Shattucks aid ."We the kindness of relatives. If we didn't have them, we wouldn't have been able to do anything." Even though all charges against her have been dropped, "I'm still not innocent in the perception of the community," she said. She recently tried to volunteer at an event at her children's school. But school officials told her that simply being charged with a drug felony was enough to bar her from volunteering there. Guilliat, the assistant prosecutor for St. Clair County, says that knowing what they do now about the case, his office "would have never gotten involved." He added: "Since this case, there have been substantial changes due to the case interpretations of this very confusing statute. We now know more than we did back then - if it's a close call, we don't do it." Meaning, he said, that "we don't want to put people who think they're doing the right thing - even if they're not - through the system." - --- MAP posted-by: Jay Bergstrom