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News (Media Awareness Project) - US MI: Prosecutor: Raid Of Marijuana Club Not A Test Case
Title:US MI: Prosecutor: Raid Of Marijuana Club Not A Test Case
Published On:2010-05-30
Source:Livingston County Daily Press & Argus (MI)
Fetched On:2010-06-01 00:52:55
PROSECUTOR: RAID OF MARIJUANA CLUB NOT A TEST CASE

WILLIAMSTOWN TWP. -- The doors of the Green Leaf Smokers Club were to
remain closed as authorities continued to investigate drug charges
against its owner.

But Ingham County Prosecutor Stuart Dunnings III said he did not
pursue a raid of the club Wednesday -- and the arrest of its owner,
the Rev. Frederick Wayne Dagit -- as a test case for whether
marijuana smokers' clubs can operate.

Dunnings said it was done in response to numerous complaints by
citizens regarding illegal marijuana activity.

Dunnings said he doubted that a criminal prosecution could adequately
clarify the state law regarding medical marijuana, which was
implemented last year.

"This law is so poorly written, it's not a question of the Court of
Appeals clarifying some ambiguities," Dunnings said. "The law is so
bad, that the Legislature is going to have to act."

Dagit, 60, was arraigned Friday in 55th District Court on charges of
delivery or manufacture of more than 99 pounds of marijuana, which
carries up to a 15-year prison sentence.

He also is charged with two counts of delivery or manufacture of 11
pounds to 99 pounds of marijuana, a seven-year felony; as well as
possession of marijuana and maintaining a drug house at his home at
4911 Hillcrest in Meridian Township.

An ordained minister, 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. He said he allowed caregivers to grow
marijuana at the club for their patients; Dunnings said this
marijuana was not seized.

"Personally, I think (the arrest) is persecution," said Jerry Merwin
of Leslie, a member of the governing board for the Church for
Compassionate Care, which Dagit founded. "(Dagit) is a good man
trying to help people out. He was running everything by the book."

Although Dunnings said there are ambiguities in the state law, he
said he has a solid case against Dagit. Dunnings said the law clearly
only allows medicinal marijuana patients to grow up to 12 marijuana
plants and have 2.5 ounces of marijuana for themselves, or a
caregiver to grow up to 12 plants for up to five patients each.

Dunnings said authorities seized more than 100 pounds of "recently
delivered" marijuana at the club and at Dagit's home, which is
outside the limits allowed by law.

Dunnings said most of the marijuana was seized at Dagit's home. He
added that authorities still are trying to determine exactly how the
club operated.

Dagit, who was hospitalized Thursday following his arrest, was
arraigned in person in District Court and then lodged in Ingham
County Jail on a $500,000 cash or surety bond. As a condition of
bond, he was ordered to come no closer than 500 feet to his club.

Dagit asked the court to assign an attorney to represent
him.

Meanwhile, a newly placed sign on the door of the Green Leaf Smokers
Club on Friday said it would remain closed through Monday "in
observance of Memorial Day."
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