A man accused of growing 1,100 marijuana plants in an unlicensed operation protected by dogs will avoid felony charges after a significant decision by the Michigan Court of Appeals. The court ruled that a voter-approved law with lighter consequences applies in this case. According to this law, it is now considered a 90-day misdemeanor rather than a violation of the state health code, which carries a possible 15-year prison sentence.
The appeals court’s 3-0 opinion stated that the defendant, Shaaln Kejbou, is covered by the more recent law.
However, the court acknowledged that businesses with permits and licenses to grow and sell marijuana may find the decision unfair. The court affirms the ruling of a Tuscola County judge who dismissed the felony charges against Kejbou. This decision aligns with the plain language of the statute as approved by the electorate.
In August, Eric Wanink from the prosecutor’s office stated that Kejbou’s marijuana could potentially be valued at up to $3.5 million on the “black market.” Wanink emphasized that this quantity was far from being considered for personal use. Kemnitz acknowledged to the court that this was indeed a crime, albeit not a felony.
He further explained that engaging in such activities could result in the entire operation being raided and destroyed, as evidenced by the burning of all the plants in this case. He emphasized that this was not a financially sustainable plan and refuted the notion that any kind of legal loophole was protecting Kejbou.
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