POT SHOT

Northern Express Articles Trigger Raid on Medical Marijuana Grower

About two weeks after appearing on the cover of Northern Express with
his lush marijuana plants, Archie Kiel sat among the plants on his
balcony chatting with a Kalkaska County Commissioner.

They noticed a helicopter flying low over the house -- so low that
his plants started shaking. Kiel was about to call the police to
complain when the police came to him. Police cars filled his driveway
and about seven Traverse Narcotics Team officers walked up to his open door.

Kiel, who decided to go public in the Northern Express July 27 issue
as a caregiver or supplier to medical marijuana patients, was about
to be raided.

"They walked up with their hands on their guns and said they were
checking into the fact that I was an illegal caregiver with too many
plants," Kiel said.

But the raid last Thursday was unlike anything anyone could recall in
Michigan. Kiel said the TNT officers were generally respectful after
ascertaining that he owned no guns. Lt. Detective Kip Belcher, the
director of TNT, asked to see Kiel's paperwork. Kiel had a state ID
card for himself as a registered patient, as well as two caregiver
cards. In addition, he had signed doctor's recommendations for two
additional patients, including his 20-year-old son, Dusty, who has a
"blown spine and degenerative disk." Both have their patient
applications in process at the Department of Community Health.

Hydroponic Operation

The officers counted the plants on the balcony, and then asked to be
shown to Kiel's basement. Based on information in the Express
article, they knew he had a hydroponic operation.

Belcher refused comment until Kiel enters a plea in the event charges
are brought. But Kiel said that he thinks TNT decided to raid the
house after looking at the article photos and concluding that the
plants exceeded the legal limit. Kiel believes they erroneously
concluded that the pot plants in one of the photos belonged to him;
they were actually grown by "Dan," another grower interviewed for the
article. Kiel said that TNT officials repeatedly "interrogated" him
about Dan and his identity.

After searching the house, Belcher concluded that Kiel was growing 66
plants and had six more that were harvested. As a patient and
caregiver to two patients, he could legally own 36 plants. The
medical marijuana law, approved by voters in November, allows 12
plants per person, whether as a patient or caregiver.

Kiel contended he could also own a total of 24 plants for the two
patients who had their patient applications in process, but Belcher
disagreed. Kalkaska County Prosecutor Brian Donnelly said that
Belcher called him during the raid and asked him what to do with the
plants -- destroy them all, or only those that were considered illegal.

"I thought, if he's entitled to 36, then how do you give back the 36
plants if they're destroyed? So I said, 'Take pictures of those you
are leaving, and at least we won't have the public claiming we are
meanies,'" Donnelly said in an interview. Belcher left the harvested
buds, explaining to Kiel that they were "medicine."

Illegal Plants

The officers left without arresting or charging Kiel; however,
Donnelly said that he will "probably" charge Kiel for the illegal
manufacture of marijuana after he receives TNT's report. Under state
law, Kiel could face up to a half million dollar fine and seven years
in prison for possessing more than 20 illegal plants.

Matthew Abel, an attorney for Michigan NORML, a group that advocates
the legalization of marijuana, is now working on 15 cases throughout
the state. The act, approved by voters in November, is still in its infancy.

In a case resembling Kiel's, a couple in Madison Heights was charged
with possessing 21 plants before receiving their state issued ID
cards. Police discovered the plants after breaking down their front
door with a battering ram on March 30. Torey Clark, who has ovarian
cancer, and Bob Redden, who suffers from long-term hip pain, were
found not guilty. Had the verdict come back guilty, they would have
each faced up to 14 years in prison, according to a June 18 Detroit
News article.

During the trial, the Oakland County judge called the Medical
Marijuana Act the "worst piece of legislation" he had ever seen, the
article said.

The couple used an "affirmative defense," which is outlined in the
law. Specifically, when facing prosecution, a patient or caregiver
can assert they owned a "reasonable amount" of plants to assure an
uninterrupted supply -- the number is not specified. The act allows
possession of plants--prior to a caregiver card being issued -- if
there is evidence of a physician's statement that says marijuana will
have a therapeutic or palliative benefit for the patient's serious or
debilitating medical condition.

A "Reasonable" Raid

Bob Heflin said he has no problem complimenting TNT for its fairness
in dealing with Kiel. Heflin leads meetings at the TC Compassion
Club, which familiarizes people with the law and helps connect
patients with caregivers.

"This is unheard of -- where they raid and leave plants there. They
apparently recognized that Archie was a registered patient and
caregiver. They haven't arrested him. They just confiscated the
plants that TNT considered extra ...TNT is just doing its job to make
sure people comply with the number of plants they should have. When
Archie gets his caregiver status for his three additional patients,
he can add more plants. So TNT is establishing a community standard,
which reinforces the law." Kiel believes he was targeted because of
the Express article, but doesn't blame the paper for his troubles.
Kiel said he has grown marijuana plants on his balcony for years with
no problem with the law, and people flow in and out of his house
throughout the day.

Kiel lives close to the poverty line and narrowly avoided a cut-off
from his electricity after a friend wrote him a $100 check. He is
three years behind in his property taxes, so he doesn't know how
he'll afford a lawyer.

Kiel was shaken by the raid, saying some of the officers acted like
they were "Gestapo" while others were polite.

He said he is very frustrated that people are having a difficult time
getting their personal doctors to sign off on the state application,
despite being diagnosed with a qualifying illness. His son, A.J., for
example, was lying on the couch last week with a cast on his leg. He
had jumped off a bridge for fun, hit a rock, and gouged off his
kneecap. He's been diagnosed with a spinal problem, but a doctor
won't give him a recommendation.

In a Bind

Kevin Weber, M.D., a Traverse City family doctor, said doctors are in
a bind. Whether the patient is asking for prescription pain relievers
or a medical marijuana recommendation, the doctor wants to trust the
patient's report of chronic pain, but doesn't want to enable drug addiction.

The state is also failing to process applications within 21 days as
mandated by law, in part, due to a machine malfunction (now fixed)
that makes ID cards. One thousand people applied for applications in
June alone, which equates to $100,000 in application fees.

"They have a backlog. They ought to put more staff on it, but
Governor Granholm is not favorable toward medical marijuana. She
hasn't seen the tax advantages, where we can tax, legalize and
regulate it," Abel said.

Abel, Heflin and others say the law is gray, but it will gradually be
defined by legal precedents. Cities may also take a proactive
approach to the economic opportunities. In the city of Hazel Park,
for example, the local government is looking to allow caregivers to
join together in an organized cooperative, Abel said.

"They want people there to pay rent, use the hardware stores, spend
money. That city is forward thinking," Abel said.

Said Heflin: "Our next step is to come up with a local ordinance for
the same kind of thing in Traverse City."

Kiel, whose mantra is "be happy" was initially incensed over the
raid. He has since calmed down and decided not to publicly protest.
Yet friends and supporters are calling media and marijuana advocacy
chapters all over the state and country.

Kiel contends that the TNT officers arrived without a search warrant,
and also "targeted" him as a caregiver, which he believes is banned
by the law. But officers don't need a warrant if the homeowner
willingly lets them in, Abel said.

A number of compassion chapters throughout Michigan said they would
donate a plant to replace what was destroyed. But so far Kiel is
saying no thank you.

"I'm going to stay completely legal and wait for the caregiver cards," he said.