GRAND RAPIDS, Mich.– The case for the owner of the Mid-Michigan Compassion Club will not be going to a jury at this time. Instead, David Overholt agreed to a plea deal that could get him out of any jail time. But he will have to close his store.
When David Overholt said the judge would not allow him to use his medical marijuana card to help his defense of selling medical marijuana to patients and other caregivers, he decided to take the prosecutor’s deal.
Overholt plead guilty to one count of possession with intent to deliver marijuana, which carries a maximum of four years. In turn, prosecutors dropped charges of running a drug house and selling an item made with a type of schedule 1 drug. That means it had a high potential for abuse.
Overholt must also close up his Grand Rapids shop to possibly avoid jail time.
“I guess the best question is, what do the poor people do that need the medicine?” Overholt said. “From day one, everyone understands I’ve been open-window clear. What I do, how I do it and who I do it to. I’ve never had an agenda. It’s always been open to the public and open to the police.”
Overholt has claimed all along the intent of the state’s medical marijuana act allows caregiver to caregiver transfers.
But, detectives say Grand Rapids police have been well versed on what to look for since the law passed in 2008.
“Through our investigation, many people were being sold to, far beyond the scope of what that caregiver provides initially,” said Jim Watson, detective with GRPD.
Overholt will now have to shut down his shop by the end of October.
“I truly believe that people anticipated picking up meds in what they thought was a safe environment, high quality, tested to ensure they are proper and high quality meds without risk of being robbed shot,” said Overholt. “I’m afraid now this is just going to put them all right back on the street.”
Overholt and his attorney are filing a motion to have this appealed. It could ultimately go before the Michigan Supreme Court. Overholt will be sentenced November 7th.