By Judy Reed

The Cedar Springs Planning Commission and Cedar Springs City Council are preparing to move forward on a proposed ordinance allowing the establishment of various types of adult recreational marijuana businesses in the city.

“The Cedar Springs Planning Commission and City Council will be reviewing two ordinances at their June meetings that would permit marihuana businesses to open and operate within the City,” reads an announcement on the city’s website. “The idea of allowing marihuana businesses to locate in the City has been discussed since November of 2018 when voters initially passed Prop 1 of 2018. The final draft would allow marihuana businesses to operate in various industrial and commercial parts of the City with certain restrictions imposed on them to maintain the safety and character of the City for its citizens.”

City Manager Mike Womack said that he’s tried slow-walking this marihuana ordinance process “because we’ve wanted transparency and public input throughout and with COVID19 and virtual ZOOM meetings, I have felt it especially important to give the public more opportunity for input and discussion. At this point I am confident that all persons with interest in the matter have been given ample notice and opportunity for input and I believe the Planning Commission and Council are ready to move forward.  Council will have the opportunity to pass the ordinance on June 11^th but they could also table for discussion into July if they choose.”

To read the memo about what types of businesses can be located where, read the memo at https://cityofcedarsprings.org/wp-content/uploads/2020/05/MJ-Final-Draft-Memo-5-26-2020.pdf.

If anyone has any thoughts, comments or concerns regarding this proposal please e-mail the City Manager at manager@cityofcedarsprings.org or you can e-mail individual Council members by goi  online to https://cityofcedarsprings.org/city-council/ and choosing a City Council member to email.

Due to the ongoing COVID19 threat, the Planning Commission and City Council June meetings will be available to view and participate in virtually via the City’s telephone and online meeting platform ZOOM. Instructions of how to participate in those meetings via ZOOM are posted by the City Clerk on the City’s website under NEWS.

November 15 5:30-6:30 p.m. at CS Public Library

The City of Cedar Springs wants to hear what citizens have to say about whether to allow marijuana businesses in the city, and if they do, what type of businesses they would like to see. Citizens can give their input at a public forum/conversation in the Cedar Springs Public Library’s community room Friday, November 15, from 5:30 to 6:30 p.m.

“As I stated following the City’s decision to opt-out in November 2018, the City Council is reexamining their position on allowing marijuana businesses now that the State of Michigan has released their rules governing the businesses,” explained Cedar Springs City Manager Mike Womack.

The Village of Sand Lake rescinded their ordinance on medical marijuana earlier this week, and approved an ordinance allowing up to two marijuana dispensaries in the village. 

“After much discussion, research and deliberation, the Village passed a new ordinance allowing a dispensary,” explained Sand Lake Village President Tracy Quinlan. “We will allow up to two dispensaries that need to be part of a franchise.”

Muskegon also passed an ordinance allowing dispensaries, microbusinesses, and special pot events earlier this month.

Grand Rapids passed an ordinance allowing them earlier this year.

The purpose of the public forum is to discuss the recreational marijuana law and also ask for public input on some of the questions that the City Council members are considering. Womack said the questions he will be asking for the public’s input on include:

1. What types of recreational marijuana businesses/licenses are citizens interested in having in the City? Types include: Marijuana grower, marijuana processor, marijuana secure transporter, marijuana retailer, marijuana safety compliance, marijuana microbusiness, temporary marijuana event, marijuana consumption establishment.

2. Where in the city are citizens interested in seeing marijuana businesses? B-2 Central Business District (Main Street from Muskegon to Maple St.); B-3 Highway business district (Main Street from Maple to 18 Mile Rd); HC Highway commercial (Muskegon from Advanced Auto to US131 and White Creek Ave from Save-A-Lot to White Creek Lumber); I-1 Industrial.

3. How many marijuana businesses should the city allow to open? The city can allow any number between zero and unlimited for each type of business. (See number 1 for types of businesses.)

4. What reasonable (not “Unreasonably Impracticable”) restrictions should the City consider requiring of marijuana businesses in the City? 

a. 1000 feet from schools is standard but can be increased or decreased

b. Separation between different marijuana businesses?

c. Prohibit use of the marijuana leaf symbol in signage

d. etc.

Womack said depending on how the forum goes, he may schedule another public forum in December as well.  

United States Attorneys Matthew Schneider, Eastern District of Michigan, and Andrew Birge, Western District of Michigan, released a joint statement on the recent vote to legalize marijuana.

“The people of Michigan have voted to legalize–with certain restrictions–the possession, use, and distribution of marijuana under state law. However, marijuana continues to be an illegal drug under federal law. As the chief federal law enforcement officers in Michigan, we are providing this statement regarding the enforcement of federal marijuana laws in light of the passage of Proposal One.

Because we have taken oaths to protect and defend the Constitution and the laws of the United States, we will not unilaterally immunize anyone from prosecution for violating federal laws simply because of the passage of Proposal One.

We will continue to approach the investigation and prosecution of marijuana crimes as we do with any other crime. We will consider the federal law enforcement priorities set by the United States Department of Justice, the seriousness of the crime, the deterrent effect of prosecution, and the cumulative impact of the crime on a community. As we weigh the interests in enforcing a law, we must also consider our ability to prosecute with our limited resources.

Combating illegal drugs is just one of our many priorities. We are also focused on preventing and prosecuting terrorism, violent crime, gangs, corruption, and fraud. Even within the area of drugs, we are increasingly focused on combating the opioid epidemic, which is killing our citizens at an alarming rate.

Our offices have never focused on the prosecution of marijuana users or low-level offenders, unless aggravating factors are present. That will not change. Nevertheless, crimes involving marijuana can pose serious risks and harm to a community. The seriousness of the offense and impact on a community includes a broad range of related activity and concerns for federal law enforcement. These concerns include, for example: adverse effects of interstate trafficking of marijuana; the involvement of other illegal drugs or illegal activity; persons with criminal records; the presence of firearms or violence; criminal enterprises, gangs, and cartels; the bypassing of local laws and regulations; the potential for environmental contamination; and the risks to minors. We, of course, also have an interest in preventing the cultivation, use and distribution of marijuana on federal property.

These are just examples, and this statement does not limit our discretion to enforce the law. We will continue to work closely with our federal, state, local, and tribal law enforcement partners to assess the federal law enforcement interest for every case as it comes in. When we act, we will act in the interests of public health and safety.”

Last week the Post wrote a story on a special meeting by the City of Cedar Springs concerning an ordinance on marihuana. And no, we weren’t tokin’, smokin’, smellin’ or eatin’ the stuff when we used that term, though quite a few readers felt it was a typo. It was not. We used it in that way because it refers to ordinances under Michigan law, and that is the way Michigan law spells it. According to the Department of Licensing and Regulatory Affairs (LARA), it dates back to the spelling that was chosen for the Marihuana Tax Act of 1937. Many organizations still use this spelling. Marijuana with a “j” did not come about until much later. Either way is acceptable. Or, you can just write it as cannabis (the original name), or weed, pot, bud, Mary Jane, or whatever you like to call the green stuff that gets you high with a little help from your friends. And I don’t mean grass. Or maybe I do!

By Judy Reed

A few weeks ago we reported that the Kent County Sheriff’s Department was investigating numerous nighttime home invasions in Cannon Township, specifically the Bostwick Lake area, where purses and wallets were stolen. Police believed the suspect was the same person they saw on video exiting a vehicle at the Marathon gas station on 14 Mile Rd (near Lincoln Lake Ave) that had been stolen in a Grandville home invasion.

Police arrested the suspect, Corey James VanSuilichem, 32, and charged him with receiving and concealing a stolen vehicle. Then, on August 3, they charged him with three counts of first degree home invasion—two for the Bostwick Lake area, and one for Grandville. According to Sgt. Joel Roon, additional victims will be included in the plea agreement.

VanSuilichem is believed to have broken into or attempted to break into over a dozen homes.

On August 9, he was also charged with being a habitual offender, 4^th offense.

He previously served nine years on prison, from 2003 to 2012, for four counts of home invasion and one count of larceny from a motor vehicle for crimes committed in Ottawa County.

In February 2017, he was sentenced to 60 days in jail and three years probation for maintaining a drug house in Belding, because he was growing more marijuana than allowed on his card. And, as of June 30, he was listed as a probation absconder.

“We are proud of the tireless work our investigators put into this case and we are always grateful for the many community members who banded together and helped us, and also helped each other through a tense couple of weeks,” the Kent County Sheriff Department said in a statement on their Facebook page.

The Kent Area Narcotics Enforcement team conducted several search warrants throughout Kent County Monday, searching three dispensaries and other addresses connected to them in some way.

According to police, the search warrants were executed after a lengthy investigation into the illegal sales of marijuana. Search warrants were conducted at the following locations:

Relief Hub dispensary, 4920 Plainfield, Plainfield Township; Third Day dispensary, 4981 Plainfield, Plainfield Twp.; Red Jasper dispensary, 3926 West River Dr, Plainfield Twp.; the 5000 block of Circle Dr, Cannon Twp.; the 5400 block of Pine Island Dr, Plainfield Twp.; the 2100 block of Wyndham Hill Dr, City of Grand Rapids; and the 1200 block of Taylor Ave, in City of Grand Rapids.

Police said that the investigation involved subjects that have been previously investigated and given written and verbal warnings by law enforcement and the Kent County prosecutor’s office, but continue to operate illegally under the Michigan Medical Marihuana Act.

Police said they have received several complaints and tips from the public in regarding illegal sales of marijuana occurring at the dispensary locations. They also said investigators had made undercover purchases of marijuana at the locations, proving that the dispensaries continue to operate illegally. All seven locations are related to the investigation.

The Kent County Sheriff Department said that they continue to work with medical marijuana caregivers and patients who are complying with the laws and no enforcement is taken against them.

They said that they are also familiar with the Medical Marijuana Facility Licensing act, which was recently passed in Michigan and signed by the Governor. The bills cover the licensing requirements and includes local control by cities, villages, and townships, which can pass their own regulations for marijuana facilities, and legalizes marijuana provisioning centers/growing facilities.  It also covers safety compliance, taxes, fees, funds to municipalities, counties and the state. The bill also legalizes marijuana infused products.

Police said the subjects of the investigation found that the three dispensaries continue to operate illegally, even in violation of the new bills passed (MMFLA).

The names of the suspects have not yet been released, and the investigation is still ongoing.

One suspect may have made over $100,000 in purchases

The Kent County Sheriff Department arrested six suspects in three separate credit card fraud incidents on March 4 and 5, and police are seeking a woman in another case.

According to police, the subjects are using stolen credit card information on line to make purchases or reprogramming the magnetic strip on credit cards or gift cards with stolen credit card information and using the cards to make in store purchases. In addition, suspects are using stolen personal information to obtain services/items of value such as cell phones.

The first suspect was arrested on March 4, for an incident that happened in Byron Township on January 21. The suspect had reportedly purchased merchandise with a stolen credit card. The investigation over the following month revealed a 27-year-old male from Detroit, Deandre Calhoun, made purchases from at least four businesses in Kent County using stolen credit cards. After his arrest Kent County detectives, with the assistance of the Detroit Police Departments, searched a couple of houses in the City of Detroit. Detectives located property such as a sofa, TV, and collectible coins from victims in Kent County. They also located hundreds of credit cards, credit card numbers, social security numbers, and people’s personal information, along with equipment to encode the magnetic strip on credit cards in the houses.

The suspect is believed to have purchased or attempted to purchase over $40,000.00 worth of property from Kent County businesses and is believed to have made purchases with stolen credit card information in excess of $100,000. He has been charged by larceny over $20,000.00, unlawful use of a computer, and illegal use of a financial transaction device.

In another case, Kent County deputies made contact on March 5 with a couple of subjects from the Detroit area at a gas station in Plainfield Township, after they made some suspicious purchases of cigarettes with gift cards. The suspects had several gift cards on them which had the magnetic strip reprogrammed with stolen credit card information. In addition, they had 18 cartons of cigarettes in their vehicle, which are believed to have been purchased with the stolen credit card information. Deputies were able to track fraudulent purchases to at least two businesses located in Kent County.

One of the suspects, Willie Coger, a 21-year-old male from Detroit, was lodged at the Kent County Jail and charged with possession of a fraudulent transaction device.

In the third case, Kent County Sheriff Department responded to the Meijer store in Cascade Township on March 5, after receiving a call of several people smoking marijuana in the parking lot. Deputies were able to locate the vehicle and made contact with three subjects who were from the Detroit area.

During their investigation deputies located a small amount of marijuana. Deputies also became suspicious of possible credit card fraud after locating numerous gift cards, Visa Green Dot cards, 10 IPAD Airs, 4 boxes of shoes, a PS4, a hoverboard, and clothing.

Do you know this woman? Police are seeking to identify her in relation to identity theft and credit card fraud in Byron Township. If you recognize her, please call the Kent County Sheriff Department Detective Bureau at 632-6100 Ext. 6 or Silent Observer at 616-774-2345.

It was determined the subjects had numerous stolen credit card numbers programmed on the back of gift cards and were using the stolen numbers to make their purchases. The value of the merchandise recovered in the vehicle was close to $7,000.00 and the total credit card fraud the suspects are responsible for is thought to be in the tens of thousands of dollars.

The suspects are Desean Porter, 26, and Arthur Jackson, 26, along with 25-year-old Jennifer Harris, all from the Detroit area. They were lodged at the Kent County Jail and charged with possession of a fraudulent financial transaction device.

In another incident of identity theft unrelated to the above credit card frauds, the Kent County Sheriff Department took a report on Feb. 6, where a female went to a Sprint store located in Byron Township and used someone else’s identification to open up an account and obtained four Iphone 6’s valued at $2,600. On the same date, two other Sprint stores in the area had a similar female do the same thing at their locations.

The suspect is described as a heavier set black female in her twenties. Detectives have not been able to identify the female suspect in this case and are asking anyone that may recognize the person of interest in the attached photo to contact the Kent County Sheriff Department Detective Bureau at 632-6100 Ext. 6 or Silent Observer at 616-774-2345.

Montcalm County Prosecutor Andrea Krause said in a press release this week that Greenville resident Jess Braman was justified in using deadly force when he shot and killed a naked stranger that broke into his home and would not leave on September 6, 2014.

The Greenville Department of Public Safety received a report at 6:55 a.m. of a naked man running through a Greenville neighborhood who was attempting to gain entry into a home at 303 West Grove Street. Officers began to look for the man. At 7:23 they got the info that the man was inside a home at 105 South Barry (Braman’s address). That was followed by the info that Braman had shot him.

Jess Braman had gotten up at 6:40 a.m. and let his dog out the back sliding door, and did not relock it. Soon after, his neighbor, Chris Harrington, told Braman that his (Harrington’s) wife had seen a naked man in their backyard. Braman then went upstairs to take a shower. When he came down he found the naked stranger on his couch, covered in a blanket.  Braman went up and got his 17-year-old stepson and asked him if it was a friend of his, and the teen told him no.  Braman then got a shotgun from an upstairs closet and loaded it.

Braman woke up the man, John Russell, 27, and told him several times to get out of his house.  Braman also yelled out his front door for his neighbor Harrington to call the police and come over to his house.  Harrington arrived and entered Braman’s home.  Harrington, along with Braman, told Russell to get out of the house.  Russell made another statement at that time that “There ain’t three cops out there that can go toe-to-toe with me and take me down.”

Russell reportedly stood up and went at Braman and Harrington. Braman raised the shotgun and Russell grabbled the barrel and started to pull, and Braman fired. He also said that when Russell stood up he immediately noted that Russell was bigger than him and felt he would be overpowered.  Braman also feared for his family and did not want to see anything happen to them. (Living in the home with Braman was his wife and four teens. All were home at the time.) He also stated that Russell had a look in his eye that put him in fear.

Police learned that Russell had been at the bar the night before, and had become very intoxicated. He later went to a friend’s house where he knocked over a TV, punched holes in the wall, threw tables around and broke a fish tank. He was described as out of control. He later left the home, and was seen by a homeowner between 3 and 4 a.m. stumbling around. A couple of friends were trying to talk him into going back with them. He reportedly fell and hit his head, and stumbled down a hill, possibly into a swamp. Police later found his clothes there.

The toxicology report showed his ethanol level at .26, and he tested positive for marijuana.

Krause said that even under the Self-Defense Act, self-defense is not justified simply on a belief that deadly force is needed to repel an attack. “Rather, the actor’s belief must be both honest and reasonable. The belief does not, however, have to be correct. Self-defense justifies the use of deadly force in response to an honest and reasonable belief that such force is required to prevent death or great bodily harm, even if that belief is in error.”

“The evidence in this matter is overwhelming that John Russell presented an immediate danger of death or great bodily harm to Jess Braman and Chris Harrington and Braman acted properly in self-defense,” said Krause. “Braman repeatedly told Russell to leave his home. Instead of leaving peacefully, Russell attempted to grab and/or push or pull the gun. Braman, fearing for his own life and that of his family and Harrington, especially in light of the perceived size difference between the men, fired one round into the chest of Russell killing him.  Under these circumstances, Braman was justified in using deadly force against what would be perceived by any reasonable person as an imminent danger of death or great bodily harm.”

Brian Tennant

Todd VanDoorne

Mike Frederick

Tim Bernhardt

A call last week from a local U.S. Post Office about a suspicious package ended in the arrest of one sergeant and three corrections officers—all 20-year-plus veterans of the Kent County Sheriff Department.

According to Undersheriff Jon Hess and Sheriff Larry Stelma, the Kent Area Narcotics Enforcement Team (KANET) was called on March 17, 2014, to inspect a suspicious package. The investigation led to a suspect responsible for the package, which contained marijuana. Investigators discovered the suspects were making and/or in possession of a large quantity of marijuana extract called “marijuana butter.”

The four suspects arrested are Kent County Sheriff Department Corrections Officers: Corrections Sergeant Tim Bernhardt, a 22-year veteran, charged with Delivery/Manufacture Marijuana and Conspiracy to Deliver/Manufacture a Controlled Substance; Corrections Officer Mike Frederick, 24-year veteran charged with Delivery/Manufacture Marijuana and Possession of a Controlled Substance; Corrections Officer Todd VanDoorne, 22-year veteran charged with Possession of a Controlled Substance and Maintaining a Drug House; Corrections Officer Brian Tennant, a 20-year veteran charged with Delivery/Manufacture Marijuana and Possession of a Controlled Substance.

The suspects were arraigned on March 21, 2014, at the 63rd District Court in front of Judge Servaas. Bond was set at $2,000.00, and the employees were placed on administrative leave.

According to Sheriff Stelma, the Sheriff Department did a comprehensive internal investigation as a result of the arrests. Four additional Correctional Officers were placed on paid administrative leave and were administered drug testing to exclude their involvement in criminal activity. Their test results were negative and those four Corrections Officers were cleared of criminal wrong-doing and have been returned to full duty.

They believe the original four officers arrested were acting alone and that no other offices were involved in the criminal activity.

When a Montcalm County Sheriff’s Deputy investigated an assault complaint last week, on Huron Drive in Winfield Township, he caught a whiff of something in the air from next door.

According to police, the deputy was trying to locate a witness to an assault when he smelled the overwhelming odor of marijuana coming from a neighbor’s residence.  When the deputy went to the residence and questioned the neighbor, a 42-year-old man, the suspect told the deputy that he was a medical marijuana cardholder. Upon further questioning, the suspect admitted that he had an indoor grow operation and was a little over on his 12 plants. He said he had about 30 plants.

The Central Michigan Enforcement Team was contacted, and their investigation showed that the man had 140 plants—nearly 10 times the number allowed. He was also in possession of loose marijuana over 2.5 ounces, and a large amount of marijuana grow equipment.

The investigation was turned over to CMET, and an arrest had not yet been made.

Dear Editor,

I am amused to see the Legal Notice that Sand Lake Village Clerk, Judy Howard, put in the Cedar Springs Post. She explains the Moratorium on all aspects of Medical Marijuana in the Village.
When people complain regarding visible marijuana use in the downtown City Park Clerk Howard tells them that the marijuana use is hard to discipline and so the City officials and Village Police do not take notice.
In good weather the doors to the Fire Station are open and in front of it a group of Police and Fire & Rescue personnel have chairs and some stand around for most of each day, unless they receive the infrequent call. One only has to visit the ice cream store to see the group of people in the park gazebo and the police and fire & rescue facing them.
My amusement comes from knowing people who have complained, what Clerk Howard has told them, and the fact that the Village has such high hopes when their Police are incapable of doing anything about the really illegal marijuana. Theft of materials while the library was being built was clearly not dealt with either. Also evident in Clerk Howard’s Legal Notice is that she cannot spell the word marijuana.

Sand Lake Resident
Beth Williams

Nicholas Reyburn

A routine loud music complaint led to the arrest of a Cedar Springs man on drug charges last weekend. According to Cedar Springs Police Chief Roger Parent, Officers Mandy Stahl and Paul Feutz took the call about 10:53 p.m. on Friday, December 3, in the 300 block of E. Oak Street. When officers were allowed inside to talk to the apartment owner, Officer Feutz noticed that one of the people inside the apartment threw something behind a dresser. He investigated and found a baggie of marijuana. A search of the balcony resulted in an even larger amount of drugs being found. Nicholas Allen Reyburn 28, of Cedar Springs, was arrested and lodged in the Kent County jail. He was arraigned on December 6 and charged with possession of a controlled substance-delivery and manufacturing of marijuana, which is a felony. Bond was set at $5,000, 10 percent cash surety. His preliminary court date was scheduled for December 20, at 10 a.m. The owner of the apartment, a 23-year-old female, was charged under a city ordinance with possession of drug paraphernalia. Her court date is December 22. “This case was not related to the recent drug raids that were done with the State Police MET team,” noted Chief Parent. “In this case, the officers were handling a routine call and did a very thorough investigation that led to the arrests.” This is the second time in less than a month that Reyburn was arrested. On November 13 he was booked on charges of domestic violence and assaulting/resisting/obstructing a police officer. He bonded out on those charges.