THE DEA IS IN TOWN

More Questions Than Answers Remain After a Federal Bust of
Medical-Marijuana Growing Facilities in Okemos

Five properties and at least 400 plants. That was the target and the
take of the federal Drug Enforcement Agency on Nov. 30 at various
addresses in Okemos used for growing medical marijuana.

United States District Attorney Rene Shekmer, of the Western District
in Grand Rapids, confirmed "over 400" plants were taken -- 10 times
what was previously reported.

Initial reports also said only three facilities were raided.

"Under federal law, there is no exemption for medical marijuana.
Under Michigan law, there are limits and rules you have to follow,"
Shekmer said.

"As a broad brush, it does not appear they were (state-compliant)
because of the number of plants," she added.

However, the investigation is ongoing, "final conclusions need to be
made" and no charges are for certain against the caregivers and
property owners. "Until we review all of the evidence, we are not
making a determination," she said.

The amount of plants confiscated at each location is also
undetermined. Growing equipment was also confiscated.

However, Ryan Basore, one of the caregivers who leased space to other
caregivers at 2360 Jolly Oak Road, said there were enough qualified
growers for the total amount of plants taken. He claimed the DEA is
lumping all of the properties together as "one take."

"If you go around and raid individual warehouses and add them all up,
yeah you'll find a lot of plants," said Basore, who also owns Capital
City Caregivers at 2208 E. Michigan Ave. in Lansing. He estimated
there were 10 caregivers operating among the five locations, which
includes 2933 and 2935 Jolly Road. The two other locations have not
been confirmed.

"There were definitely not 400 plants in one spot," he said. "Why did
they raid us? I have no idea."

Basore told City Pulse and other media outlets last week that about
40 plants had been confiscated at one of the locations.

Basore said the raids are separate from his business enterprise in
Lansing, which was not raided.

Dave Clark, an Okemos attorney representing one of the caregivers at
2360 Jolly Oak, whose name he declined to disclose, is surprised like
Basore. He arrived at the scene around 11 p.m. as the raid was going on.

He said each caregiver had his own separate "space" at the facility.

"We were surprised there was even a warrant. Everything inside was
legal under state law," Clark said. "I'm sure it was 100 percent legal."

Under state law, a caregiver can grow 12 plants per patient and may
have five patients. If the caregiver is also a patient, he can also
grow 12 plants for himself.

Unfortunately for medical marijuana growers in states where it is
legal, the federal government can trump that law.

John Roberts of Saginaw had his home raided by the DEA in July. He
was operating a growing facility with Stephanie Whisman at the
property. Each are patients and caregivers for five other patients,
which means they can have 72 plants each and up to 15 ounces -- 2.5
ounces per patient -- of harvested pot each. The DEA seized the
plants and usable product, but that's the last Roberts has heard from the feds.

"There is no legal situation. They have the prerogative to come back
in the next few years and charge me, so I live under that threat," he said.

But so far, he's heard nothing about pending charges.

Kris Hermes, spokesman for Americans for Safe Access -- a marijuana
advocacy group spread throughout the U.S. -- has seen these types of
raids happen in California and Colorado since the beginning of the
George W. Bush administration. He said Roberts' case is not unique.

"Under 50 percent of the time, they (suspects) are indicted
federally," Hermes said. The rest of the time, the feds take the
product and equipment and never come back, he said.

About five years ago, the U.S. Supreme Court ruled in U.S. vs.
Oakland Cannabis Buyers' Cooperative that medical marijuana is not an
acceptpable legal defense in federal court, even if it's legal in
that state. Hermes added that if there are violations of state law,
they should be charged in state courts -- not federal ones.

Even though U.S. Attorney General Eric Holder said in February 2009
that the federal government would not target businesses or growers
that operate within state law, the DEA has acted otherwise.

Hermes said more than 200 federal raids on medical marijuana
facilities in their respective states occurred during the Bush years.
That has tapered off since Holder's announcement, yet President Obama
has nominated Bush appointee Michele Leonhart to be the head of the
DEA. She has served as the acting head since 2007.

Typically, the federal government works with local law enforcement to
decide how these cases proceed, depending on each one's involvement.

Ingham County Prosecutor Stuart Dunnings III said that his office
wasn't informed of the raids beforehand.

It is his understanding that the DEA has a certain threshold by which
they choose to pursue a case, referring to Holder's announcement. But
it's their decision to investigate any cannabis growing operations.

"The federal law says it's illegal," he said. "There isn't a blanket
ban on enforcing marijuana laws against people who are engaged in
medical marijuana operations."