Gaylord Dispensary Owner Defends Himself Against Illegal Medical Marijuana Charge

"I’m going to stand up and fight. I’m not stopping."

Don Lykins is accused of selling medical marijuana to people who aren’t his registered patients.

Monday morning he told a judge he won’t accept a plea deal.

Police raided his dispensary, D&L’s Medicinal Exchange and nine others in March after they received tips that the dispensaries were acting outside the Medical Marijuana Act.

Lykins was one of two men arrested.

"It’s very frustrating. It puts everybody in fear. You know a lot of patients who are now even too afraid to come get their medicine," says Lykins.

This morning the prosecution offered to drop his delivering marijuana charge if he pleaded guilty to an illegal sale. He’s not interested in taking the deal though.

"I thought it was ridiculous. It’s still a felony. Saying I was doing an illegal sale when I wasn’t, that’s wrong. I’m definitely not going to plead guilty to something I didn’t even do," says Lykins.

Michigan State Police helped serve a search warrant at Lykin’s dispensary in March, one of ten raided that day.

"That’s what gets frustrating for us. It’s the same thing over and over again. It’s very clear, the rules are very clear but people continue to violate the rules," says Michigan State Police Assistant Gaylord Post Commander Lt. Derrick Carroll.

They say the law is clear. Only people registered to the caregivers can receive medical marijuana, similar to anyone else getting medication.

"I can go to Walgreens and fill it but I can’t go to Rexall, Rite Aid or any other pharmacist in the state and fill it. It’s a one stop thing, same with medical marijuana," says Lt. Carroll.

Lykins maintains everything he’s doing is legal.

"They said I broke the law selling to people that’s not my patients but the Medical Marijuana Act says I’m allowed to do everything I’m doing," says Lykins.

"If the owners of the shops would like to come to us and discuss the regulations or laws if they are unclear we will be happy to go over them with them, but the law is clear… If you are selling to people just because you feel you can you’re doing nothing more than drug trafficking," says Lt. Carroll.