4 Chinese Comrades “allegedly” growing $5 million in cannabis operation near Tawas, Michigan.

Four Chinese citizens are facing charges in connection with a massive illegal marijuana growing operation discovered in Iosco County.

Michigan State Police executed a search warrant Thursday at a warehouse in Alabaster Township. They located 5,057 marijuana plants inside at various stages of growth, which authorities say have a street value of more than $5 million or $988.73 per plant.

Iosco County Prosecutor James Bacarella announced that investigators uncovered evidence that directed them to four individuals residing in an apartment located on the site of the former Wurtsmith Air Force Base.

Allegedly three of the four suspects entered the United States legally, and during a police stop, one was found using a GPS app that provided driving directions to New York, which led authorities to suspect they were trying to escape from Michigan..

The four suspects are believed to be part of an extensive organized crime ring operating across multiple states and countries, with connections tracing back to China.

Three were arraigned in Iosco County District Court on felony charges for possession with intent to deliver over 200 marijuana plants and for maintaining a drug house. If found guilty, each faces a potential sentence of up to 15 years in prison.

But wait – Remember back in 2023 – When the Michigan Court of Appeals said it’s just a misdemeanor according to MRTMA?

• The Michigan Court of Appeals determined that the Michigan Regulation and Taxation of Marijuana Act (MRTMA) takes precedence over older laws regarding marijuana cultivation, specifically the Public Health Code.
• This means that cultivating even large quantities of marijuana, such as over 1,000 plants, is considered a misdemeanor offense, rather than a felony under the older Public Health Code.Implications:

• Reduced Penalties: Individuals found to be illegally cultivating large amounts of marijuana face potentially less severe penalties (misdemeanor charges instead of felony charges).
• Challenges to Past Convictions: The ruling could potentially give grounds for individuals previously convicted of felony marijuana cultivation charges under the Public Health Code to challenge their convictions and seek to have them reduced to misdemeanors, according to MLive.com.
• Impact on Law Enforcement: The ruling has implications for law enforcement and prosecutors in Michigan, potentially requiring a reevaluation of how they handle cases involving large-scale marijuana cultivation.Important Note:
• While the ruling potentially reduces penalties for illegal marijuana cultivation, it doesn’t legalize the activity itself. Cultivating more than the legally allowed amount (12 plants for personal use) is still a violation of the MRTMA.
• The ruling primarily focuses on the prosecution and penalties associated with large-scale illegal marijuana cultivation, not the legality of the cultivation itself.

  
  It’s crucial to consult with legal professionals for accurate and up-to-date information on Michigan marijuana laws, as they can be complex and subject to change. 

But……….

MCL 333.27965(4) states, in part:
[A] person who possesses more than twice the amount of marihuana allowed by section 5 [MCL 333.27955], cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by section 5, shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence. [Emphasis added.]

Michigan Supreme Court – Order April 19, 2024

This document is a Michigan Supreme Court order about the case People of the State of Michigan versus Shaaln M. Kejbou, focusing on the interpretation of the Michigan Regulation and Taxation of Marihuana Act (MRTMA). The court denied an appeal, which means a lower court’s decision stands. This decision limited felony penalties for large-scale, unlicensed marijuana cultivation.

Judge Welch raised concerns that the MRTMA, intended to legalize recreational marijuana and personal cultivation (up to 12 plants), might unintentionally prevent felony charges even for very large, unlicensed operations (like the defendant’s alleged 1,100+ plants).

This is seen as problematic, potentially harming the legal marijuana market and failing to deter illegal commercial production.

The article suggests the Michigan Legislature may need to revise the MRTMA to address this.

Michigan Supreme Court Order –  April 19, 2024 (Read It)

Here’s some related links

• Court rules that cannabis grows of any size is just a misdemeanor in Michigan

• MI COURT OF APPEALS – Over 1000 Cannabis Plants Just a Misdemeanor
• MICHIGAN MAN GROWING MARIJUANA WON’T FACE MAJOR CHARGES, COURT SAYS
• COURT OF APPEALS DECISION GREEN LIGHT FOR MMMA CAREGIVERS?
• CHINESE-FUNDED MARIJUANA FARMS SPRINGING UP ACROSS THE U.S.
• Michigan Supreme Court Order –  April 19, 2024

U.S. Border Patrol agents took the fourth male suspect into custody and he has not appeared in Iosco County courts to hear formal charges. Federal agents say the fourth suspect was in the United States illegally.

Free ticket home. For him it’s free – not you.

Where are the other 3?

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