WARRANTS ALLEGE MEDICAL MARIJUANA STORE OWNER SOLD TO UNDERCOVER COP

HOLLAND - After allegedly selling marijuana to an undercover cop
inside his store, authorities say Anthony Neilly pulled out a
half-pound of cannabis and refilled a glass jar on display at "The
Mix" medical marijuana shop.

The Jan. 19 $50 sale of 3.5 grams, or one-eighth of an ounce, to the
drug officer and a confidential informant and a subsequent purchase
of the same amount on Feb. 3 formed the basis for a West Michigan
Enforcement Team raid at the 897 S. Washington Ave. business, court
records show.

Details from an affidavit for the search warrant allege Neilly was
told by the undercover officer that he did not have a medical
marijuana card and "did not want to obtain one."

Documents also show that on Jan. 31 Neilly allegedly told undercover
authorities investigating him for delivery of marijuana and
possession with intent to delivery marijuana that the 42-year-old was
concerned cops were watching his business.

Neilly refused to sell to the officer that day and was told to come
back with a medical card holder if he wanted to purchase marijuana.

Neilly, who has not been charged with any crimes, allegedly sold dope
to the cop and informant three days later on Feb. 3, the same day
authorities raided the dispensary.

It's not clear, based on court records, if the informant has a
license to obtain marijuana.

During the search, officers seized an unspecified amount of marijuana
in plastic ziploc bags and glass jars. Some of the containers were
labeled with names such as Green Crack, Pinewreck, and Super Silver
Haze, records show.

Authorities also confiscated 40 suckers and 103 cookies that were
allegedly made with THC, the active chemical in marijuana that causes
intoxication. Documents show police took "drug records" that include
names and numbers of people associated with the drug trade.

State police Lt. Cam Henke, who heads the regional unit, said
officers are still compiling records to turn over the Allegan County
prosecutors to determine if charges are warranted.

"We absolutely believe the business and Mr. Neilly were operating in
violation of the Medical Marijuana Act," Henke said. "We are actively
continuing our investigation and anticipate charges being authorized."

Rob German, Neilly's attorney, said his client adhered to their
interpretation of the state law.

"It's a poorly written statute and we anticipate putting this to rest
soon," German said. "He is not doing anything illegal by our
understanding of the law."

Police still have more than $3,400 that they seized from Neilly at
the time of the search and authorities only recently released a
freeze on accounts held by Neilly's parents, German said.

Search warrant records show that police sought the hold because
Neilly lives with his parents and their account numbers were found on
paperwork inside the store.

Investigators allege in the search warrants that Neilly obtained
marijuana through the United States Postal Service and that the
confidential informant has watched him open packages packed in coffee
and wrapped in plastic.

Warrant affidavits, which also authorized searches at the suspect's
home and of various online accounts, also accuse Neilly of taking in
marijuana on consignment.

Neilly maintains that he is carrying out a business legally
connecting caregivers and medical marijuana patients.

He has operated the store for more than a year. The property is split
in two, with one side acting as a consignment store and a second
portion - under lock, key and video surveillance - that deals with marijuana.

"Anybody who came in and didn't have a medical card, they didn't get
marijuana," German said.