POT RAIDS IGNITE DEBATE

Some support, but others criticize sheriff's action against marijuana
growers, distributors

This week's medical marijuana raids around Oakland County have people
talking, including Gersh Avery of Dexter.

"What took place in Oakland is nothing short of armed robbery," said
Avery, an activist whose comments frequently appear on the Michigan
Medical Marijuana Association website.

"Patients in those locations had nothing to do with the day-to-day
operations, yet their medicine was forcibly taken from them. (Law
enforcement) deliberately targeted sick innocent people."

Avery even posted a video of his views on YouTube.

The Wednesday evening raids - conducted by the Oakland County's
Narcotics Enforcement Team at various growing operations and
marijuana dispensaries across the county - resulted in the arrests of
15 people. Oakland County Sheriff Michael Bouchard said his office
had received 150 complaints about the operations, including
complaints about Waterford-based Everybody's Cafe.

Joe Cain, executive director of the association, protested the
removal of medical marijuana.

"Even if they wanted to contest the validity of dispensaries, no one
has the right to physically abuse patients, seize their property or
violate the HIPPA law with malicious intent," he said.

David Overholt, president and founder of the Mid-Michigan Compassion
Club in Stanton, said Oakland County should follow the Mid-Michigan
model, which set up nonprofits compassion clubs but doesn't allow
people to purchase or use marijuana at the clubs.

As for the raids, "people who weren't patients should go to jail," he
said. "They're breaking the law."

Overholt said his club members have never been raided and that
members work with law enforcement.

"We talk all the time and I keep them in the loop," he said.

"None of us have been to jail or lost plants. The police are our
friends. They expect me to do my job and they do theirs. We work to
educate people (patients and caregivers) to do what is right."

Dennis Hayes, an Ann Arbor attorney who has clients around the state,
said people he knows are discussing the raids.

"It's terrible," he said. "They threw old ladies on the ground. I'm
completely baffled by the need for a SWAT squad. It's absurd."

Hayes said law enforcement has been "making hay on pot dealers our
whole lives."

He believed State Attorney General Mike Cox could step into the fray.

"But he and the governor say nothing," he said. "That would cut into
their credibility with law enforcement."

He said the raids are evidence of Oakland County's resistance to change.

"The data is unequivocal," he said, emphasizing that medical
marijuana helps people.

Politicians React

Oakland County Executive L. Brooks Patterson said he would go with
Bouchard to Lansing to urge changes in the law.

"I support the raids 100 percent," Patterson said.

"When the law was changed (in 2008) to allow the use of medical
marijuana, that did not void all other criminal statutes. If you open
a dispensary, you must obey the laws. You can't just sell marijuana
willy-nilly."

He said he believes the public was "duped" about medical marijuana.

"The compassionate public voted for people suffering from the effects
of radiation or glaucoma, but instead anybody can get those (patient)
cards and it's become a wholesale licensing of marijuana in the state
and it was never intended to be," he said.

Patterson said he'd accompany Bouchard to Lansing and "ask for very
strict guidelines" on medical marijuana use.

State Rep. Gail Haines, R-Waterford Township, has talked with people
who want to open compassion clubs in Waterford. She noted that the
township is taking six months to examine how dispensaries and clubs
should be handled under zoning regulations.

As for the complaints about the existing law's loopholes, Haines said
"maybe a statewide task force should address the issues. But the
people voted this in. It is going to take a group of people committed
to make sure everyone's needs are met."

Waterford Township Supervisor Carl Solden said he is sensitive to the
fact 66 percent of voters supported medical marijuana.

"I'm also sensitive to the general public from the standpoint of
making sure - whatever the outcome - that the matter is handled
properly. I have talked to many people, Waterford residents and in
other communities, who supported medical marijuana who said they had
no clue that the legislation would allow marijuana to be dispensed
this way or that those who obtained some sort of card would be able
to secure cards in the manner in which they are getting them.

"My belief is the way the legislation was set up, it needs to change.
I also do not believe all the cardholders have an illness that is
thought of as necessary to use the drug for the intended medical purposes."

Solden said he was aware of at least one arrest for driving under the
influence and some malicious destruction of property complaints
involving medical marijuana.

"I do have concerns that there will be future problems if this is
allowed to continue as a free-for-all as it appears that's the
direction it is headed," he said.

"As for law enforcement action, from past experience I would agree if
there was probable cause and sufficient evidence for illegal acts
that were taking place, that's what the officers are paid to do."