DEA STRIKES AGAIN

Two Caregivers Charged With Violating Federal Pot Laws for Grow
Operation in Mason

Two Lansing-area men face federal marijuana charges in U.S. District
Court in Grand Rapids, yet the lawyer for one of the defendants says
the men were in compliance with the Michigan Medical Marihuana Act.

The lawyer, Bob Baldori, said that the number of plants that were
seized was within state law because of the number of caregivers who
were growing at the location.

Randall Lloyd Darling, 24, and Joseph David Johnson each face counts
of growing more than 100 marijuana plants, according to court
documents. Johnson is in his 20s, Baldori said.

The charges come with a five-year minimum prison sentence. Warrants
were issued for Darling and Johnson on Jan. 20. Both are awaiting
pretrial hearings.

Baldori, who represents Johnson, believes both defendants were within
the state's medical marijuana law. While Baldori said the DEA
confiscated more than 200 plants from a grow operation in Mason, he
added that Johnson and Darling are both patients and caregivers with
the maximum-allowed five patients. Under state law, each can grow up
to 72 plants and possess 15 ounces of usable product. It is also
Baldori's understanding that other caregivers were using the house as
a growing site.

"These kids have not broken any Michigan laws," Baldori said. "There
were enough patients and caregivers to justify the plants."

Attempts to reach Darling's attorney, Jack Vogl, were unsuccessful.

Special Agent Rich Isaacson, a spokesman from the DEA's Detroit
offices, confirmed that the DEA is involved with the investigation,
but he declined to give details.

U.S. District Attorney Rene Shekmer did not return calls for comment.

In a separate incident, the DEA raided a growing facility at 2630
Jolly Oak Road in Okemos on Nov. 30, seizing more than 400 plants. No
charges have surfaced from that incident.

Growing just one cannabis plant is in violation of federal law,
regardless of state law.

An Oct. 19, 2009, memo from U.S. Deputy Attorney General David Ogden
offers guidance for federal prosecutors in medical marijuana states.
It says a "core priority" for the U.S. Justice Department is
targeting "significant traffickers of illegal drugs, including marijuana. ... "

As a general matter, pursuit of these priorities should not focus
federal resources in your States on individuals whose actions are in
clear and unambiguous compliance with existing state laws," the memo reads.

Matt Newburg, who is representing one of the growers involved with
the Okemos raid, said while Johnson and Darling violated federal law,
a marijuana debate will likely ensue.

"The merits (of the indictment) will be argued later on," Newburg
said. "Clearly, they (the DEA) are active."