MEDICAL MARIJUANA SMOKERS CLUB RAID COULD PROVE TO BE MICHIGAN TEST

Michigan's next battle over medical marijuana might take place in an
Ingham County courtroom.

On Thursday, authorities filed a felony drug complaint in 55th
District Court against Frederick Wayne Dagit after a raid Wednesday
of his Green Leaf Smokers Club in Williamstown Township.

Michigan marijuana advocates say it's the first police raid in
Michigan of such a marijuana social club since medicinal marijuana
became legal statewide last year. And that, depending on the
circumstances, might prove to be a test case for such clubs to operate.

"We all knew it was inevitable," Greg Francisco, founder of the
Michigan Medical Marijuana Association , said of a police raid. "We
want an answer from the court. We want a test case, but we don't want
anyone to be a target."

Dagit, 60, was charged with five drug-related counts, including
delivery or manufacture of more than 45 kilograms (99 pounds) of
marijuana. The maximum penalty for that charge is 15 years in prison.

Dagit also is charged with two counts of delivery or manufacture of 5
to 45 kilograms (11 to 99 pounds) of marijuana, a seven-year felony,
as well as maintaining a drug house and possession of marijuana.
Maintaining a drug house is considered a high-court misdemeanor,
punishable by up to two years in jail. Possession of marijuana is a
one-year misdemeanor.

Dagit, an ordained minister who court documents say was convicted of
burglary in Illinois in 1993, also is charged as a habitual offender.
Dagit said he opened the club on Grand River Avenue in February as a
haven for patients to buy medicinal marijuana from caregivers and socialize.

Dagit could not be reached for comment Thursday. Ingham County
Prosecutor Stuart Dunnings III said Dagit, who was arrested Wednesday
evening, was taken Thursday from Ingham County Jail to Ingham
Regional Medical Center because of a medical problem. Hospital
officials would not disclose his condition.

"We're still trying to understand how this place actually operated,"
Dunnings said of the club. "We do have some continuing concerns that
the place was not in accordance with Michigan marijuana laws."

Dunnings declined further comment because Dagit had not yet been arraigned.

Upset About Raid

The law doesn't explicitly permit medical marijuana clubs, but it
also doesn't prohibit them, said Ron Bretz, a criminal law and
procedure professor at Thomas M. Cooley Law School. He said it is
clear that those with state-issued medical marijuana cards can't be
arrested for using marijuana.

"This has gotten a lot of publicity and it's angered a lot of people.
I'm certain it's angered a lot of people in Williamston," Bretz said.
"There is a possibility that (the police) did this just to send a
message. I hope not."

Dagit has contended his club is legal because the new state law
doesn't prohibit it.

Several club members said Thursday they were upset about the raid.
Standing in the hot sun outside the club, Jonna Hayes of Battle Creek
said he drove to the club to find it locked and was angry he could
not buy medical marijuana for a debilitating back condition.

"There are bigger problems out there," Hayes, 43, said. "The police
could be going after murderers, instead of going after people using
marijuana legally."

One mid-Michigan marijuana advocate questions whether it was wise for
Dagit to open the club before medical marijuana was widely accepted
in the community.

"I avoided (the club). I was afraid this might happen," said Lynn
Allen, 53, of Williamston, a medical marijuana user who grows the
herb in his home. "I wondered whether they were moving too fast,
moving ahead of the law a little bit."

Bill Being Drafted

Rep. Rick Jones, R-Grand Ledge, said Thursday he is drafting
legislation that would ban any clubs that allow the consumption of
marijuana, citing the dangers of people driving away from such clubs
under the influence of drugs.

Meanwhile, it was business as usual Thursday afternoon at the medical
marijuana dispensary on Grand River Avenue in Lansing's Old Town. A
handful of people waited to purchase medical marijuana. A manager on
site would not give his name, and owner Danny Trevino could not be
reached for comment. Lansing is considering regulating marijuana
dispensaries, but police have allowed the business to operate.

Dunnings indicated authorities did not confiscate all the drugs found
Wednesday at the Green Leaf Smokers Club. He said police officers
left behind 120 marijuana plants that caregivers apparently had been
growing legally in the club; under state law, caregivers are allowed
to grow marijuana plants for authorized marijuana users.