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Monday, August 22, 2016

Detroit Marijuana Business Owners Team up to Challenge Harassment of Patients by Wayne County Sheriff Deputies

By Friends of George Cushingberry Jr.

Wayne County Sheriff Benny Napolean
The Wayne County Sheriff's offices has decided to attempt an end run around the Detroit Medical Marijuana ordinance and arrest anyone with a Medical Marijuana Card that has visited a Herbalists place of business. Victims are being stalked and stopped by a 4 car team of deputies asking very intrusive questions.  Then their car and property is seized arbitrarily, and the victim is made to walk or catch a taxi home. .

If you are stopped by a team of Wayne County Deputies and, they take your vehicle after leaving a Medical Marijuana compassion center, you are strongly recommended to fight the charges.  You will be given two choices.
1.  Pay the Wayne County Sheriff up to $2500 to get your car back
2.  Pay $250 bond money and wait for up to 3 days to get your car back
  • If you choose option 1, then you will never receive a court date and get your money back. This is a shakedown of the highest order. They are taking advantage of your need for transportation. In too many cases to be mentioned here, charges are never brought against the victim, the victim is bullied into giving up the money and getting their car back.
  • If you choose option 2, then you  WILL receive a court date and given the opportunity to get your property back (including confiscated medicine) by going to trial. 
    • At that time you have the choice to ask for a jury trial. You may be able to instruct a Jury on Nullification procedures and responsibilities to you as a Juror. For any Marijuana case brought before a Jury, jurors can vote not guilty to anyone being charged with a Marijuana possession crime and not be in violation of a judges instruction to a jury.

This issue is ongoing and currently being looked into by legal agencies and advocates and, we are appalled at the conduct of Wayne County Sheriff Deputies who have chosen to disregard the card and choosing to continue the 80 year drug war as designed by Harry Anslinger, a racist civil servant that hated the ground African Americans walked on and, the first CEO of the Drug Enforcement Agency in 1929.
Meanwhile, you are strongly encouraged to get legal counsel and fight for the following:
  1. Return of Vehicle ASAP
  2. Return of Confiscated Medicine 
    1. This may include compensation from the Wayne County Sheriff to replace damaged or destroyed medicine that was illegally confiscated by Wayne County Deputies..
  3. Refund of all collected “fines" and Court Costs.
  4. Dismissal of all charges and expungement of all arrest records for Marijuana Possesion.
Make sure to use your cell phone to document the harassment when your car is getting seized and, please obtain badge numbers of the deputies. 
Save all receipts from the Wayne County Sheriff!!!
In more than one case, the car and the medicine were returned to the victims, when it was determined that the plaintiff had valid reason for entering the establishment. You want your vehicle and medicine returned at once.
There is nothing illegal about visiting a Medical Marijuana facility in the City of Detroit, especially if you have a Medical Marijuana card. Pursuant to the Home Rule Act Section 117-3 of 1909 , these facilities are recognized by the City of Detroit as a valid place of business. 
Currently Detroit's Marijuana Ordinance is suspended until a court evaluation is performed by the 3rd Circuit court in January of 2017. (click here to view the case status (Case# 16-004201-CZ Jones, Ronald, et al v City of Detroit))  The Plaintiffs have successfully argued before US District Court Judge Avery Cohen that the ordinance is discriminatory and will shut down dispensaries owned by indigenous citizens of Detroit.
Judge Cohen ruled in favor of the Sons of Hemp and remanded the case back to the 3rd Circuit Court for re-hearing of valid plaintiff claims.
Both Sides have until September 23, 2016 to exchange Witness briefs in support of their positions.  Plaintiffs have until November 11, 2016 to present ANY discovery information to the court.
However, both sides can reach an agreement in a settlement conference that can happen 42 days after the January Case Evaluation date. The first available date for the conference is February 13, 2017. Both sides have a chance at settlement before it reaches the full court with a jury. Court cases cost a lot of money and time.
If NO settlement is reached, then the plaintiffs will be headed to court.
Finally, please remember to show up and VOTE for positive Judges, State Legislators and President in 2016 and 2017.  This is the proper and only way that you can make effective change in your neighborhoods. Vote for the candidate that will best represent your beliefs and values.  
Early voting for the November General Election starts on September 24th, 2016!!!!!
The last day to register to vote in the November General Election is October 11, 2016 at 4:45pm. Don't miss this date!
The last day to vote early in the November election is November 7th, 2016
This is NO time to be sitting on the sidelines because too many people have sacrificed for us to do the job.   Women got punched out on a bridge in Alabama by men who did not want them to vote at all. However and for the better, times have changed and you have NO excuse not to show up and vote. You DO have something to vote for!
The well being of everyone will be in complete jeopardy if the wrong candidate wins the election in November.. 


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