Smoked Out Into Reprimand
A public reprimand has been imposed on an attorney by an Illinois Hearing Board for the following
From approximately June 2012 to December 2013, Respondent and his then-girlfriend, Samantha Lumley (“Lumley”), maintained a rented home at 3590 138th Street in Hamilton, Allegan County, Michigan (the “Hamilton residence”). Between June 2012 and April 2013, Respondent traveled between Hamilton, Michigan and Bolingbrook, Illinois, where he also maintained a residence (the “Bolingbrook residence”).
In or around June 2012, Respondent and Lumley obtained medical marijuana cards under the Michigan Medical Marihuana Act (the “Act”), which allowed Respondent and Lumley to each legally possess 2.5 ounces of usable marijuana and grow up to 12 marijuana plants for medicinal purposes. Lumley was Respondent’s primary caregiver, which allowed Lumley to legally possess 2.5 ounces of usable marijuana and grow up to 12 marijuana plants on behalf of Respondent.
In April 2013, Respondent moved out of the Hamilton residence after his relationship with Lumley deteriorated. Between April 2013 and December 2013, Lumley grew more than 100 marijuana plants and began manufacturing marijuana products in the garage of the Hamilton residence.
On December 4, 2013, Lumley mailed a package from Michigan containing marijuana oil to Respondent’s Bolingbrook residence. The West Michigan Enforcement Team (“WEMET”), a multi-jurisdictional drug enforcement task force, intercepted the package and traced it back to Lumley.
On December 5, 2013, Respondent went to see Lumley at the Hamilton residence. That afternoon, WEMET arrived at the Hamilton residence and found Respondent and Lumley in Respondent’s vehicle in the driveway. Respondent consented to WEMET’s search of the Hamilton residence, but no arrests were made that day.
As a result
Respondent pled guilty to Count one of [an] information, which alleged a felony charge of conspiracy to manufacture and deliver marijuana, and Counts two through four were dismissed. At the time of his plea, Respondent and the Allegan County prosecutor agreed that the court would place Respondent on an 11-month Delayed Sentence Probation, after which time, if successfully completed, the charge of conspiracy to manufacture marijuana would be dismissed and Respondent would thereafter be charged and convicted of the misdemeanor offense of maintaining a drug house.
Mitigation
Respondent has not been previously disciplined and has no prior criminal history. Respondent has also been cooperative throughout the disciplinary proceedings. If this case had proceeded to a contested hearing, numerous witnesses would testify on the Respondent’s behalf in mitigation as to his honesty, trustworthiness, and well-respected legal skills.
The hearing board cites two prior marijuana reprimand matters as comparable cases. (Mike Frisch)