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Michigan Warrants allege medical marijuana store owner sold to undercover cop


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  Michigan Court Bans Sale Of Medical Pot Through Private Shops  


HOLLAND MICHIGAN – After allegedly selling marijuana to an undercover cop inside his store, authorities say
 Anthony Neilly pulled out a half-pound of cannabis and refilled a glass jar on display at “The Mix” medical
 marijuana shop dispensary.






The Jan. 19 $50 sale of 3.5 grams, or one-eighth of an ounce, to the drug officer and a confidential informant and a subsequent purchase of the same amount on Feb. 3 formed the basis for a West Michigan Enforcement Team raid at the 897 S. Washington Ave. business, court records show.

Details from an affidavit for the search warrant allege Neilly was told by the undercover officer that he did not have a medical marijuana card and “did not want to obtain one.”

Documents also show that on Jan. 31 Neilly allegedly told undercover authorities investigating him for delivery of marijuana and possession with intent to delivery marijuana that the 42-year-old was concerned cops were watching his business.

Neilly refused to sell to the officer that day and was told to come back with a medical card holder if he wanted to purchase marijuana.

Neilly, who has not been charged with any crimes, allegedly sold dope to the cop and informant three days later on Feb. 3, the same day authorities raided the dispensary.

It’s not clear, based on court records, if the informant has a license to obtain marijuana.

During the search, officers seized an unspecified amount of marijuana in plastic ziploc bags and glass jars. Some of the containers were labeled with names such as Green Crack, Pinewreck, and Super Silver Haze, records show.

Authorities also confiscated 40 suckers and 103 cookies that were allegedly made with THC, the active chemical in marijuana that causes intoxication. Documents show police took “drug records” that include names and numbers of people associated with the drug trade.

State police Lt. Cam Henke, who heads the regional unit, said officers are still compiling records to turn over the Allegan County prosecutors to determine if charges are warranted.

“We absolutely believe the business and Mr. Neilly were operating in violation of the Medical Marijuana Act,” Henke said. “We are actively continuing our investigation and anticipate charges being authorized.”

Rob German, Neilly’s attorney, said his client adhered to their interpretation of the state law.

“It’s a poorly written statute and we anticipate putting this to rest soon,” German said. “He is not doing anything illegal by our understanding of the law.”

Police still have more than $3,400 that they seized from Neilly at the time of the search and authorities only recently released a freeze on accounts held by Neilly’s parents, German said.

Search warrant records show that police sought the hold because Neilly lives with his parents and their account numbers were found on paperwork inside the store.

Investigators allege in the search warrants that Neilly obtained marijuana through the United States Postal Service and that the confidential informant has watched him open packages packed in coffee and wrapped in plastic.

Warrant affidavits, which also authorized searches at the suspect’s home and of various online accounts, also accuse Neilly of taking in marijuana on consignment.

Neilly maintains that he is carrying out a business legally connecting caregivers and medical marijuana patients.

He has operated the store for more than a year. The property is split in two, with one side acting as a consignment store and a second portion – under lock, key and video surveillance – that deals with marijuana.

“Anybody who came in and didn’t have a medical card, they didn’t get marijuana,” German said.

Published: Monday, May 09, 2011, 9:00 AM

E-mail Nate Reens: nreens@grpress.com