In the spring of 2015 I was working for a company renovating an old school in Ishpeming, MI. We were finishing up with the project and I was going to be out of work very soon. My landlord overheard I was looking for work and told me he knew of a man growing medical marijuana in Bruce Crossing, MI and this man was looking for trimmers. I gave the grower, Spencer Ward, a call and he told me nothing was available for a month or two and to call back. Later in July I called back and myself and a friend drove the 1.5 hr trip to check it out.
Upon entering the property the first thing we noticed was a greenhouse with about sixty 10-14 foot marijuana plants and what seemed to be guard dogs. We introduced ourselves to Spencer and he gave us a tour of the greenhouse, the whole time telling us about the UPCA Cooperative. He explained to us how they were a group of caregivers growing under one property and that everything was in compliance with Michigan law. We worked for about 10 hrs that day with about 10 other employees sitting around a long plastic Wal-Mart type table trimming medical marijuana and telling stories and asking questions about the UPCA. Everything seemed to be on the up and up and we decided to accept Spencers offer of steady work, including some drywall work and other odd jobs he had for us not related to the marijuana grow. This went on for the better part of the fall with about 40-50 employees in and out of the facility on any given day with a high turnover rate of who would be working with the exception of a few of us that were more reliable. Some of the employees stated they had been working for Spencer for years and that it was a legitimate operation.
It wasnt until around November of 2015 after three months of already trimming for the UPCA that we found out that there were Coop store fronts where members could pick up there meds, we had assumed up until now that it was being dealt with directly at the grow operation property. When I asked about the legality of these storefronts I was told by Spencer Ward that the paperwork was in order and the UPCA’s lawyer, Lisa Brouilette from Northern Wisconsin, had everything running in compliance.
In December I was told by Spencer a new storefront next to my hometown would be opening and was consulted by him on where to put the new location. After scouting some business fronts I asked Spencer if he had contacted the city of Marquette about opening the Coop. He told us not only did they approve of the opening, but if he bought the building he was considering they would pay up to $75,000 in grants to help fix up the building. He also stated they would be having a meeting with the city council about getting a permit from the city for the storefront. During this entire period of time I told Spencer I was never interested in being a cashier at the Coop and was still in search of contracting work. He decided against buying the building and ended up leasing a storefront on Front St. in Marquette.
The UPCA of Marquette opened not long after Spencer had told the employees the city approved the permit and the project went ahead. I was offered a job at the store due to an employee not being competent and having to be fired. They were having a hard time finding trustworthy help and the store manager asked if I would be interested since finding someone with the amount of patients to stay in compliance with Michigan law was not easy. After denying the job a few times Spencer offered to throw in the apartment in the back of the shop for half the cost of rent if I took the offer. Being as I was in between apartments and staying with a friend at the time, I didnt see much of a choice. It was steady work and a cheap apartment or couch surfing and scrapping up odd jobs to barely make end meets.
The Coop ran for only two months and made around $9000 dollars for the time of my employment. In February of 2016, UPSET in conjunction with the Federal government conducted raids on all three Coop locations along with the grow operation. I sat in the Marquette location for nearly seven hours watching them catalog the evidence. I was finally told I was free to go and was not being arrested.
Three months later in May, I received a voicemail from a local Sheriff telling me I had a federal warrant out for my arrest for conspiracy to manufacture, distribute, and deliver marijuana along with other charges, United States v. Asikainen. When I asked questions on how this was possible I was threatened and harassed and told if I ran they would catch me and they already knew where I was. I showed no signs of running and said nothing of the sort to the officer, but was still treated like a criminal and showed no respect from this Sheriff or any other officer for that matter for the next few days. I was told if I turned myself in I would be seen by the judge, arraigned and be on my way. This was not the case. I was put into county jail and held because the judge decided to go home for the day when I could have just showed up to federal bond, which restricted my civil rights before ever being convicted of any crime.
The next step was to meet with my lawyer to discuss the meetings with the U.S Attorneys office and UPSET. I was completely cooperative and was told I would be a good witness against Spencer for his role in pretty much being a con-man. I had sentencing reductions for cooperating and for being a first time offender and was possibly looking at probation or 6-12 months in prison, or so I was told.
After months of once again waiting, the whole time having to leave work for random drug tests, have people invade my home whenever they like and having my travel, hobbies, and work restricted and still not convicted of any crime, I was offered a plea deal. The sentencing guidelines of this plea deal took into account the weight of the marijuana involved and my participation in the “conspiracy”. This guidelines put me at around 15 months, but didn’t take into account some of my reductions. I accepted the plea the way it was drafted and had my sentencing scheduled, once again months down the road, still on bond, still restricted civil rights.
One week before my sentencing was scheduled I received a package with the final draft of my sentencing investigation, but to my shock they had raised my drug weight responsibility to include the weight of the entire conspiracy. Which means that not only did they count the weight of the marijuana at the Marquette location I was employed at, the weight of the trimming I had done at the grow operation, but also included the weight from two storefronts I had nothing to do with. This new weight put my sentencing guidelines up to 30-37 months, not including my reductions. I called my lawyer immediately and was told that most likely this was a retaliatory move made by the U.S Attorneys office because she informed them at a meeting of objections she would be seeking at sentencing. When the people in the room heard this she claims they stated, “Well I guess we can just reconsider his drug weight responsibility.”
At my sentencing my lawyer moved to give me a minimal participant reduction in my case since I was only employed a short time and had no scope of the entire conspiracy and had no managerial or planning power in the UPCA. The motion was denied. She also objected to the newly calculated drug weight which added years to my sentencing guidelines on the basis that I didn’t even know the storefronts existed upon signing up with the UPCA and had no responsibility in their operations. The objection was overruled and I was told by the judge, “Examples need to be made.” After my point reductions the sentencing guidelines became 18-24 months, more than my original guidelines in the drafted plea deal. The judge handed down 18 months, starting March 1. The reason for the delay being that the owner’s, Spencer, trial was in Feb. And I would be asked to testify. So once again 4 more months are to go by, on bond, restricted civil rights, and wasting time that could be spent with my newborn son due in April. If I would have had just been charged, gone to trial and sentenced in Feb of 2016 when this all started, I would have half of my sentence already served, but instead I miss the first year and a half of my sons life because our system is broken
At the time I am writing this the operator/owner of the UPCA, Spencer Ward, has still not gone on trial and hasnt taken a plea deal. So while the lied-to employees get sentenced to 12, 18, and 30 months in prison, the owner could still walk off scott free. I would greatly appreciate anyone willing to spread the word about my story and do research especially in Michigan of the corruption that is going on in our government. I know other dispensaries downstate have also been targeted and marijuana continues to be the number one jailable offense in our country, epecially targeted in the medical states which by law is illegal. The federal government is not to use funds for investigations into medical marijuana in the states it has been voted legal. Please sign my petition at Https://wh.gov/itaSw
UPCA Prosecution 