Tag Archives: manufacturing

What is “Usable Marijuana”?

Man pleads guilty to having too much medical marijuana

Dabrowskis.jpg

 

By Cole Waterman | cwaterma@mlive.com
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on March 14, 2017 at 8:34 AM, updated March 14, 2017 at 8:35 AM

BAY CITY, MI — Nearly two years after police raided their Bangor Township house in search of excessive medical marijuana, a couple’s cases have been resolved with plea deals.

David A. Dabrowski, 65, on Tuesday, March 7, appeared in Bay County Circuit Court and pleaded guilty to one count of delivering or manufacturing marijuana. The charge is a four-year felony.

In exchange, the prosecution agreed to recommend Dabrowski receive a delayed sentence, during which he’d effectively be on probation. If he receives the delay and is successful on it, he’ll be allowed to withdraw his plea and swap it with a guilty plea to misdemeanor possession of marijuana.

The same day Dabrowski entered his plea, prosecutions motioned to dismiss the same felony charge faced by his wife, Sandra K. Dabrowski, 64.

The Dabrowskis, who were arraigned on Sept. 9, 2015, faced trial the day the plea deal was accepted. Their cases date back to April 2015.

What is ‘usable’ pot under medical marijuana law focus in Bay County couple’s prosecution

Whether a Bangor Township couple broke the law by having too much “usable” pot in their medical marijuana growing operation is the point of contention in ongoing legal proceedings.

In a December 2015 preliminary examination, Bay County Sheriff’s Detective Barry Gatza, a member of the Bay Area Narcotics Enforcement Team — or BAYANET — testified he was tasked with investigating an anonymous tip that the Dabrowskis were illegally selling marijuana from their home in the 2900 block of Bangor Road.

He testified that in the early morning of April 27, he pulled two trash bags from a garbage can at the end of the Dabrowskis’ driveway.

“There were several items consistent with marijuana grows that we’ve come in contact with,” Gatza said. Among the items were trimmed marijuana leaves. “It was approximately just under 10 pounds, I believe,” he said.

Gatza obtained a search warrant and later on April 27, approximately a dozen police officers executed it on the Dabrowskis’ property. At the time, David Dabrowski was home selling firearms to two men, Gatza testified. Sandra Dabrowski was not present.

“There were firearms throughout the house,” Gatza testified, adding David Dabrowski is a licensed federal firearms dealer.

Police recovered a large amount of marijuana plants and usable pot, most notably in “the entire basement.” Throughout the house, officers found 96 marijuana plants, 37.7 grams of loose marijuana drying in a basket, and another batch on a table weighing approximately 1,400 grams. Police also found one marijuana plant and marijuana branches in a pole barn, Gatza testified.

In a freezer, police found marijuana oil and several pounds of usable marijuana, Gatza said.

Gatza interviewed David Dabrowski in a BAYANET van, he said. Dabrowski told him he and his wife were medical marijuana caregivers with five patients each.

“Between Sandra and himself, they did co-mingle the plants,” Gatza testified. “They didn’t separate them at all. As far as the daily operations needed to maintain the plants, he did most of the farming on the plants, including Sandra’s.”

Sandra Dabrowski’s jobs included trimming the plants, packaging the crop and setting up purchases, Gatza said David Dabrowski told him.

“He stated that obviously he does provide marijuana to his patients,” Gatza testified. “I think the rate he charges them was $130 an ounce, then he told me he also provides marijuana to people outside his patient list. He charges them $200 an ounce. He said he always makes sure they’re medical marijuana patients, just not his patients. He always makes sure they have a (medical marijuana) card.”

Under the state’s Medical Marijuana Act, patients can have 2.5 ounces of usable marijuana and caregivers can grow up to 12 plants producing 2.5 ounces of usable marijuana for each of their five patients and themselves. With both Dabrowskis being caregivers but only Sandra Dabrowski a patient as well, the couple could legally have a total of 132 plants and 27.5 grams of usable, or processed, marijuana.

Circuit Judge Joseph K. Sheeran is to sentence David Dabrowski at 9 a.m. on Monday, April 17.

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80-year-old marijuana dealer pleads guilty in federal court

By Milton J. Valencia Globe Staff  October 16, 2015

Marshall Dion is scheduled to be sentenced on Feb. 11 after entering a guilty plea.

He owned houses in Massachusetts, Colorado, and Arizona, had $11 million stashed in a North Reading storage facility, and once crawled away from a plane crash in Wisconsin as thousands of dollars in cash (suspected drug profits) floated through the air around him.

But his dramatic exploits came to an end Thursday, when 80-year-old Marshall Herbert Dion, wearing tan prison clothing, shuffled to the witness stand to plead guilty to running a massive marijuana-dealing and money-laundering operation.

Under a plea agreement with federal prosecutors, Dion could serve 5 to 7 years in federal prison, ending a lucrative criminal career that spanned decades until a chance traffic stop in Kansas.

“Over the course of the conspiracy . . . he had sold approximately 3,000 to 10,000 kilograms of marijuana,” Assistant US Attorney Leah Foley said during a brief court hearing.

Dion’s lawyer, Hank Brennan, said later that “Mr. Dion has embraced his responsibility and is looking forward to the next chapter in his life.”

Dion’s unraveling began during a traffic stop in Junction City, Kan., in June 2013, when a police officer pulled him over for driving 80 in a 75 m.p.h. zone. During the stop, the officer searched Dion’s beat-up pickup truck and found nearly $850,000 in cash.

The discovery sparked a federal investigation that ultimately led to the discovery of $2 million in a bank account, another $880,000 in an Arizona building, and the storage facility in North Reading, where authorities found 395 pounds of marijuana and $11 million in cash.

Foley told US District Judge Denise Casper that authorities found travel logs that indicate Dion had sold more than 3,000 kilograms of marijuana — and possibly as many as 10,000 kilograms — dating back to 1992.

Dion’s decision to plead guilty Thursday caps a lengthy criminal career. He was convicted in Massachusetts in the late 1980s of drug trafficking after authorities in Boston found about 180 pounds of marijuana in a 1986 Chrysler sedan. Police later found 101 pounds of marijuana stashed in a commercial storage building in Lynnfield.

A Boston police spokesman told the Globe at the time that “apparently he has houses all over New England. He’s a major operator, there’s no question.”

After the plane crash in Wisconsin in 1985, Dion was found crawling through a muddy field, though he denied that the $112,000 in cash found inside the plane and floating through the air was his.

For Dion’s latest exploits, Casper could sentence him to prison for a term ranging from 60 to 87 months for conspiracy to deal marijuana, possession with intent to deal marijuana, and money laundering, under the deal he reached with prosecutors. He had faced a minimum mandatory sentence of 10 years in prison if he had been convicted in a trial. He is scheduled to be sentenced Feb. 11.

Under the plea agreement, however, Dion’s conviction and guilty plea would be vacated if he is successful in an appeal he is pursuing before a higher court. That appeal is based on what he calls an unconstitutional search of his truck after the traffic stop in Kansas.

Dion told Casper that he agreed with everything Foley said about him in court Thursday except two things: That the Kansas officer had a reason to stop him for speeding, and that he consented to the search of the truck.

“There’s no way the officer could have known if I was speeding, even if I was, which I wasn’t,” Dion said.

Then he added, “There’s no way I would have agreed to a search of my property.”

Milton J. Valencia can be reached at mvalencia@globe.
com
. Follow him on Twitter @miltonvalencia.

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