Photo taken during raid, courtesy Huron Daily Tribune.
By Kim Russell
Thursday, November 12, 2009 at 7:33 p.m.
Read more: Local, State, Health, Politics, Crime, Medical Marijuana Problems Michigan
One year ago more than 60% of Michigan voters decided to legalize medical marijuana. Now police, patients, and caretakers all say they are dealing with legal issues.
On September 25, 2009, caretaker Jeffrey Ellis got a phone call that turned his life upside down. Bad Axe Police raided his vacation home and called it their largest pot bust in history.
“I was mortified,” says Ellis.
Ellis says he started growing marijuana for his wife who has lupus, and then for several ill friends.
“I would not jeopardize being with my wife who has lupus and dearly needs me,” he says. “I thought I was doing everything right.”
Bad Axe Police Chief Mike Anderson says his investigators found everything wasn’t right. He says investigators found 85 plants, far more than the 12 per patient allowed by law.
Ellis says he only had as many plants as allowed, and that investigators must be counting the clippings he cut off his plants as whole plants.
“We believe there are clear violations of the medical marijuana act,” says Chief Anderson. “The excuse of medical marijuana is only a cover for what is actually going on there.”
He says the current law makes it easy for folks to use medical marijuana production as a front for illegal activity. The law leaves anonymous the location where registered caretakers grow. Aside from this, the chief points out, the law does not provide for inspection or quality control, as is required of other medical drugs.
Ellis’ lawyer Chris Drouillard says police should have checked the Michigan Marijuana Registry before raiding the property, that the search was unlawful. He says the Bad Axe Police Department needs to return the marijuana and other belongings seized.
Chief Anderson defends his search, saying a legitimate tip started it. He says even though the registry’s written rules state otherwise, the registry’s workers won’t share information with police, so a check is not helpful. He says as a result police are struggling to differentiate between legal medical marijuana patients or caregivers, and illegal users or dealers.
Law enforcement agencies across the state are dealing with similar growing pains as they adjust to the recently passed medical marijuana law.
Genesee County Prosecutor David Leyton says he's fielding numerous calls from police and communities.
“I’ve been asking the Department of Community Health to promulgate rules to help us understand better what is to be, and we’re asking the attorney general to step forward and help the department of Community Health come up with those rules,” says Leyton.
In Ellis' case, the biggest victims are his patients. They say since the raid they have had no legal way to obtain what they call a life-changing medicine.