Lawyer Confronts FOX 17 Reporter About Pot Investigation

Posted at 7:05 PM, Aug 05, 2013
and last updated 2013-10-24 15:09:25-04

MUSKEGON COUNTY, Mich. – Michael Naffie, owner of Insani-T’s, waived his preliminary exam after being charged with felony drug delivery.

On Monday, FOX 17 spoke with David Shafer, Naffie’s lawyer, who said his client is not guilty of breaking any laws.

“These laws are very, very vague,” Shafer said. “If you read the statute, I defy you to tell me what it means.”

Shafer was referring to the law regarding XLR 11, which is a dangerous compound found in various forms of synthetic marijuana. Earlier this year, a woman, who wants to remain anonymous, contacted FOX 17 asking for our help in getting the substance off the street.

“It causes problems. It destroys families…puts people in the hospital,” the woman said.

She said the father of her child smoked “Bizarro” on a regular basis and that he bought it from Insani-T’s. She said it’s a form of synthetic marijuana.

Following up on the woman’s cry for help,  FOX 17 uncovered that the store was in fact selling Bizarro. After making the purchase, we dropped it off to a lab in Grand Rapids for testing. It came back positive for XLR 11.

In May, our cameras were there as Michigan State Police raided the store, which ultimately led to Naffie’s arrest.

“Obviously there’s something going on here that we don’t like…something going on here that’s a violation of the law,” First Lt. Mike Harvitt, of the MSP, said during the raid.

Shafer argues that there’s no way for his client to have known that it was illegal, saying there’s too many gray areas of the law when it comes to selling these substances.

“They’re very, very vague,” He said. “It’s not putting the person who’s selling it, or using it, or distributing it on notice as to if its illegal.”

DJ Hilson, Muskegon County prosecutor, tells us what’s next for the case now that Naffie Is heading to trial.

“It’s going to potentially be a battle of experts and having folks come to testify about that particular substance, the pharmacological effects it has on the human body,” Hilson said. “The judge is going to have to make a finding after the hearings as to whether or not XLR 11 meets the parameters of the section of Michigan law.”