TENSIONS HIGH IN HEARING FOR MAN CHARGED WITH OPERATING ILLEGAL
MARIJUANA CLUB IN BAY CITY

BAY CITY "" Sparks flew Wednesday afternoon when a Bay City lawyer
accused police of breaking the law in their investigation of an area
medical marijuana compassion club.

"My client is charged with a felony and they're the ones committing
crimes," said attorney Edward M. Czuprynski during the preliminary
examination of Joshua P. Perry, 26, pointing at Officer Tonya
Laubscher during the exclamation.

Laubscher, an officer with the Midland Police Department, testified
she acted as an undercover agent of the Bay Area Narcotics
Enforcement Team, or BAYANET, on Sept. 26 when she entered Beacon of
Light Compassion Center, 100 N. Catherine St. in Bay City. Laubscher
said she used a driver's license with an alias and a fraudulent
doctor's certification to buy marijuana from the club.

Laubscher said she bought 1 gram of the XXX strain of marijuana for
less than $20. The pot was handed to her by Perry, she said.

Czuprynski claimed officers' use of such fraudulent documentation is
inherently illegal. Bay County Assistant Prosecutor Jordan E. Case
countered that police can use deception against criminal suspects
prior to court proceedings.

Czuprynski also took issue with Laubscher appearing to smirk during
his cross-examination of her.

At another point, Case argued that Czuprynski was using the hearing
as a platform to speak out against BAYANET, whom Czuprynski recently
publicly denounced, rather than focusing on the issue at hand. When
District Judge Timothy J. Kelly advised Czuprynski to stay on task,
Czuprynski responded that he'd take up the matter with the federal government.

Laubscher said she identified Perry as the one who sold her the
marijuana after seeing a Secretary of State photo of him. When
Czuprynski asked if she could state with absolute certainty if Perry
was the same man, she said she could not.

The hearing ended with Kelly binding Perry over to circuit court on
single counts of conspiracy to possess marijuana with intent to
deliver and manufacturing marijuana.

Kelly said Perry had twice tested positive for marijuana use since
his Dec. 12 arraignment, in violation of his bond. Czuprynski
initially said it is Perry's right as a medical marijuana patient to
use the substance, but later said Perry as a long-term user still had
THC in his system when the judge implied he would revoke Perry's bond
if he was continuing to use marijuana. Perry remains free on bond.

Johnnie V. and Corey R. Randall, Perry's codefendants and the owners
of Beacon of Light, are facing a combined 16 counts in connection
with their operation of the club. They waived their right to a
preliminary examination and were bound over to circuit court.

Attorney Donna Beasley-Gibson, representing the Randalls, has said
the center only accepts donations and staff does not dispense
marijuana unless a patient provides the necessary documentation.

Another trio charged with illegally operating a Bay City compassion
club, Terry L. and Peggy Horner and Ernest Rahn, also waived their
right to preliminary hearings and were bound over to circuit court.
The Horners and Rahn sold marijuana from E.T. Education & Compassion
Club, 316 S. Henry St. in Bay City, police have said.

A state Court of Appeals ruled in August that "patient-to-patient
sales" of medical marijuana is prohibited.