Wednesday, February 29, 2012

Men with medical marijuana cards arrested and charged

Be careful medical marijuana card holders, detectives might sill have their sights on you. Two men in Rhode Island learned this the hard way when they were pulled over, and then arrested for possession, even after presenting their medical marijuana cards.

Shiloh Petrichko and John Nadolny (both 34), were under investigation by both Richmond and Hopkinton police after receiving a tip that the men were distributing marijuana illegally to non medical approved card holders. The investigation was headed by Hopkinton Police Det. Ryan Percival and Patrolman Keith Lambrechts, and after two weeks they felt it was time to make their move.

Officers pulled over Petrichko (driver) and Nadolny who were both medically approved marijuana card holders, and then made them subject to a car search for probable cause. They found almost 2 ounces of marijuana, the men presented their medical marijuana cards to the officers and Petrichko also presented a marijuana caretakers license. But police weren't having it.

Hopkinton police seized the mere 2 ounces despite the fact that it was within the legal limit between the two men, and then arrested Nadolny and Petrichko for possession of marijuana with intent to deliver and conspiracy to deliver marijuana. But wait, it gets better.

With limited evidence and an illegal arrest for legal amounts of marijuana, Richmond and Hopkinton police got a court-authorized search warrant to search the their residence, while only having suspicion and the arrest for the legal 2 ounces. Police then confiscated 34 plants, 32 seedlings, 15 ounces of harvested marijuana and all of their growing equipment. All based on the alleged violation and the illegally seized 2 ounces of marijuana possessed by two legal card carriers.

A marijuana caretakers license allows Petrichko to possess up to 24 plants, 12 seedlings and 5 ounces of harvested marijuana, However with Nadolny's card, he is allowed his limit as well which puts them only a few ounces over the legal limit. The fact is, yes, the amount at the residence was an illegal amount (barely), but what is at question here is the means police took to search the residence.

The evidence at hand was not only not enough to warrant a search, but was an out right violation of Shiloh Petrichko's and John Nadolny's rights. It was investigated and suspected that the two men were dealing illegally, but based on the evidence they gathered, there was no proof. The men were arrested on a charge unrelated to them legally possessing medication, and yet police base the legal marijuana possession for charging them with intent to deliver.

Both Shiloh Petrichko and John Nadolny were charged with possession of marijuana with intent to deliver, delivery and conspiracy to deliver marijuana. They were arraigned then released, and are awaiting court in April. Meanwhile sick individuals are passing out strawberry meth which looks like candy to our kids, and there are no leads.