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Mid-Michigan Compassiont Club founder David Overholt points to a sign that explains the shop's policy after the March 6 raid
GRAND RAPIDS, MI — Dave Overholt will fight his case all the way to the Michigan Supreme Court if he must.
The founder of the Mid-Michigan Compassion Club and a strong advocate of the state's medical marijuana program, Overholt said his recent arrest and the charges against him could clarify Michigan's law once they are dismissed.
Overholt, 56, turned himself in to police Friday, April 5, and was charged with three drug-related crimes stemming from a March 6 Grand Rapids police raid of his Leonard Street NW dispensary. He was released on a $25,000 bond after spending about three hours in jail.
"Mentally, I'm drained," Overholt said Saturday afternoon.
Despite his arrest, Overholt intends to continue operating the club. His club is a network of caregivers who provide marijuana to each other. The caregivers then dispense the marijuana to their patients. Overholt believes his caregiver-to-caregiver model is legal under the state's medical marijuana law.
"If I shut and run, it appears that I've done something wrong," he said.
Overholt faces charges of delivering or manufacturing narcotics, delivering or manufacturing marijuana and frequenting a drug house, according to jail records. The delivering or manufacturing narcotics charge is from the cannabis oil Overholt extracts from marijuana and bakes into candy.
On March 6, Grand Rapids police raided three medical marijuana dispensaries including Overholt's club. Overholt said police confiscated about $3,900 in cash, less than one-quarter pound of marijuana and five to eight marijuana candy bags - as well as a computer hard drive and paper records. He is still fighting to retrieve the confiscated items, including the money. The club was about to donate $900 to an area church when the raid happened, Overholt said.
Overholt intends to fight the case and will take it the Michigan Supreme Court. The court ruled in February that patient-to-patient sales were not legal under the law. Critics of the state's medical marijuana program, including state Attorney General Bill Schuette, claimed the ruling clarified the law and would allow for prosecutors to shut down dispensaries under public nuisance statutes.
Overholt believes his case will further clarify the law and solidify the legal practice of caregiver-to-caregiver sales.
"The law already backs up what we're doing," Overholt said. "This has to go to the supreme court."
Grand Rapids police also raided Natural Wellness Associates, 1240 N. Taylor Ave., and Purple Med, 1365 Plainfield Ave. NE, on March 6. Both dispensaries remain open. Employees at both shops said to best of their knowledge, the owners were not arrested Friday. Both employees would not give the names of their owners.
Natural Wellness posted on its Facebook page a letter from a Grand Rapids police code enforcement officer. The letter, dated March 27, stated the owner may be forced to forfeit the shop if police again seize drugs from the shop.
The letter also warns that a public nuisance complaint could be filed against the shop, resulting in the shop being padlocked for up to a year.