Four Kent County, Michigan Officers Arrested for Marijuana; Problems with the Michigan Medical Marihuana Act

Michigan Marijuana Prosecutions of Four Kent County Officers

Four Corrections Officers with the Kent County Sheriff’s Department have been arrested for Marijuana charges following an investigation that began with postal service workers suspicions about a package in the mail.

USPS workers contacted the Kent Area Narcotics Enforcement Team to report a suspicious package which, as it turns out, contained marijuana. This opened an investigation that led all the way to a group of corrections officers who were involved in the production and distribution of medical marijuana infused butter, sometimes called “canna-butter”. Investigators believe that this activity has been going on for about two years.

The corrections officers were identified as Sergeant Tim Bernhardt and three officers – Mike Frederick, Brian Tennant and Todd VanDoorne. Three of the four officers arrested are card carrying medical marijuana patients, as is the wife of the fourth officer, Brian Tennant. His wife, however, is not facing charges.

Warrants were also issued for the arrest of Timothy and Alyssa Scherzer, licensed medical marijuana caregivers with the State of Michigan, who were also involved in the production and distribution. Scherzer has stated that he is the providing caregiver for the three card carrying officers.

In addition to the criminal investigation, the sheriff’s department conducted an internal investigation into the matter. It has since been concluded that the four officers were acting alone and that none of the medical marijuana was given to inmates or other officers.

The four accused officers, all of whom have served the Sheriff’s Department for over twenty years, are currently on unpaid leave pending the outcome of the charges. They were each released on a $2,000 bond.

The attorney defending one of the officers has labeled this a “witch hunt” and stated that it is due to a bizarre technicality in the Michigan marijuana laws, and does not protect patients who consume medical marijuana in edible form from prosecution.

The Michigan Court of Appeals ruled in July of 2013 that possession of edible forms of marijuana are not covered by the Article 4 Immunity regulations of the Michigan Medical Marihuana Act.  That ruling left the door open for at least 3 of these officers to try what is known as a “Section 8” affirmative defense.  This may be the best defense available.