ILLEGAL DRUG SALES JUSTIFIED SEARCH OF HOLLAND MEDICAL MARIJUANA
STORE, POLICE SAY

HOLLAND - The head of a regional drug unit that searched a medical
marijuana business said the recent raid was the result of an
investigation the discovered illegal marijuana sales.

Lt. Cam Henke, who oversees the West Michigan Enforcement Team that
covers Ottawa, Allegan and Muskegon counties, confirmed last
Thursday's search at a business at 897 S. Washington Ave. in the
Allegan County portion of Holland.

Henke said no arrests were made and prosecutors have yet to review
the full report generated by the drug agency. The ongoing
investigation limited what Henke could say about the probe.

"Our investigation revealed there were marijuana sales outside the
scope of the law," Henke said.

Henke declined to say what was taken at the business, but Robert
German, the attorney for "The Mix" owner Anthony Neilly, said a
"small amount" of marijuana, Neilly's business records and patient
files were taken from his storefront

Henke said the drug unit relies on the letter of the 2008 law,
enacted after a statewide vote, since there have been few court cases
to guide authorities. The state police lieutenant said evidence was
submitted to a judge who authorized the search.

"We believe we have a clear understanding of the law," Henke said.
"We're not trying to push the envelope or violate anyone's rights.
We're trying to make good, sound decisions as it relates to the
framework of the law.

"We expect patients and caregivers to operate under the law as well."

The law allows for approved caregivers to grow up to 12 plants each
for medical marijuana patients, possess up to 2.5 ounces per patient
and speaks to "transfers" of marijuana between patients.

Neilly's storefront is split into two sides, with one side acting as
a consignment shop and a second portion under lock, key and video
surveillance that deals with marijuana. Neilly is a state-licensed
caregiver, German said. The attorney contends the drug team has no
right to Neilly's patient files taken by officers conducting the search.

German has yet to see the affidavit filed by police to obtain the
warrants, leaving him uncertain what the allegation against his client are.

"It's not clear what they were focusing on but they've set some
scenario they believe it's illegal," German said. "I wonder what it
is that they find so compelling."

The business reopened Monday with no changes, German said.

"From my understanding of the Medical Marijuana Act, he is not doing
anything improper," German said. "He's back to doing exactly what he
was and we'll see if that gives them cause to come back and be raided again."

A similar business, Patient Solutions 420, operates in Ottawa
County's Holland Township. German said it has not been searched by
the drug task force.

Henke said authorities are aware of that business, but could not say
publicly whether it is being scrutinized.