Cass County man receives probation for marijuana operation

Published 8:08 am Monday, July 14, 2014

When it comes to medical marijuana, even people with the best intentions can find themselves rolled up in a sticky situation with law enforcement.

Cass County Circuit Judge Michael Dodge sentenced Austin Edward Lowe, of Niles, to 18 months probation for growing nearly 80 marijuana plants inside his residence on White Street. Lowe had pleaded guilty to the charge of the manufacture of 20 or more marijuana plants during a prior appearance in court, on June 5.

According to the court, the charges stemmed from a search conducted by officers with the Cass County Drug Enforcement Team on September 19, when the squad received a warrant to investigate the Niles residence.

“They seized approximately 59 marijuana plants from the basement area,” Dodge said. “They seized from an upstairs area 20 marijuana plants. Eight and a half ounces of processed marijuana were found in the master bedroom.”

Three weapons were also found and confiscated by detectives at the home, Dodge said.

Lowe possessed a medical marijuana card at the time of his arrest, though he said he obtained it not to consume the drug but to provide it to others as a caregiver for patients, Dodge said.

“I sincerely hope that you went into this for altruistic reasons to help people that needed medical marijuana,” Dodge said. “Based on my experience, I’m a little bit skeptical about that. More people get into that for economic reasons than for altruistic reasons when all they’re going to do is be caregivers.”

According to Michigan law, licensed residents can only grow up to 12 plants for use with five registered patients, Dodge said in his remarks to the defendant.

“When the amount of plants you have don’t comply with the law, the guidelines are very clear: it is a criminal offense,” said Cass County Prosecutor Victor Fitz. “The defendant says he is a law abiding citizen; this defendant needs to realize that he is not.”

Prior to this offense, Lowe had no prior criminal offenses on his record. According to his attorney, Daniel Grow, the Niles-resident had found himself involved with another individual who dragged him into issues with the law.

“Lowe is a particularly kind and intelligent man, but he’s also very trusting man,” Grow said. “That has been his biggest downfall to date, being involved with people that he trusted.”

Also sentenced Friday:

• Dustin Lee Gibson, 26, of Edwardsburg, to 214 days in jail and three years of probation for meth related charges.

• Joseph Eric Suseland, 29, of Edwardsburg, to 214 days in jail and two years of probation for meth and marijuana related charges.

• Andrea Gordon, 49, of Granger, to two years of probation for fleeing from police.

• Anne Kristine Fisette, 25, of Edwardsburg, two years of probation for meth related charges.