GRAND RAPIDS, Mich. - For the first time since their arrests, the husband and wife at the center of a medical marijuana case involving “pot butter” and Kent County Sheriff’s Deputies are speaking about their experience.
Just after 10 o’clock, on the night of March 17, 2014, officers from the Kent Area Narcotics Enforcement Team served a search warrant at the home of Timothy and Alyssa Scherzer.
While collecting evidence, investigators determined four of the patients under the Scherzer’s care either worked for or had ties to the Kent County Jail.
The Scherzers sat down with FOX 17 to discuss their medical marijuana operation and the punishment they’ve received since pleading guilty to drug-related charges.
“It was more or less just for my family, my cousin, for her relief of her Crohn’s disease,” Scherzer said. “Then, with my brother-in-law Tim, with the number of back surgeries and neck surgeries he’s had with fusions and stuff , for an alternative way for him to try to get some pain relief.”
Scherzer is a former medical marijuana caregiver. He got his medical marijuana card in 2009 after going on permanent disability.
“I did get relief with the edibles and I thought it would be worthwhile to pass that on to other people,” said Scherzer.
It was that thought that led Scherzer and his wife to become caregivers.
All of that changed back in March when the U.S. Postal Service inspected a package Scherzer tried to send to his cousin who is disabled and does 
not drive.
“That’s the purpose of using the mail – right or wrong,” Scherzer explained. “Apparently – obviously - it’s wrong.”
Inside the package was more than two ounces of marijuana. Despite the discovery of drugs, the Postal Service passed on prosecution and instead sent the tip to Kent County. In a matter of hours, a search warrant was granted by a judge and officers showed up at Scherzer’s door.
“We made their search very easy for them because we fully cooperated and we told them we were under the full understanding that we were legal,” said Scherzer. “So, it was more of trying to present our legality to them - why we had plants.”
During the search, Scherzer told the officers he also made marijuana butter that he provides to his patients. Marijuana butter, along with other “edibles,” as they’re called, are illegal under current Michigan law.
Tim Scherzer’s patients included Kent County corrections officers Mike Frederick, Todd Vandoorne, and Christine Tennant, the wife of corrections officer Brian Tennant. His fourth patient was Stephanie Annis.
Alyssa Scherzer was the caregiver for a fourth officer, Tim Bernhardt, her brother-in-law.
Bernhardt, according to court documents, acted as something of a middleman, getting the marijuana butter from Scherzer and providing it to Frederick, VanDoorne and Brian Tennant.
“That aspect is supposed to be a direct caregiver-to-patient transaction,” explained Scherzer. “That wasn’t followed correctly.”
Looking back, it’s something Scherzer regrets.
“I would have just told them, at this point in time, I can’t provide for you an edible type product,” said Scherzer. “The only thing I can provide for you is a smokeable-type product. I’m not so sure that any of them would have used it. I don’t know that would’ve relieved any of their pain symptoms.”
After pleading guilty to delivery of marijuana and maintaining a drug house, Tim Scherzer was given five years of probation and was fined. Alyssa Scherzer pleaded to maintaining a drug house and will serve three years of probation and pay a fine. In addition, neither of the Scherzers can use marijuana nor continue to act as caregivers.
After pleading guilty in October, Bernhardt took his own life and was laid to rest last week. He was to be sentenced in December.
Brian Tennant pleaded guilty to a reduced charge, as well, and is awaiting sentencing next month.
The cases for Frederick and VanDoorne are still winding their ways through the legal system.
William Clark
Thanks for the chance to comment on this article.
I’m convinced that prohibition of marijuana is a premise built on a tissue of lies: Concern For Public Safety. Our new laws save hundreds of lives every year, on our highways alone. In November of 2011 a study at the University of Colorado found that, in the thirteen states that decriminalized marijuana between 1990 and 2009, traffic fatalities have dropped by nearly nine percent—now nearly ten percent in Michigan–while sales of beer went flat by five percent. No wonder Big Alcohol opposes it. Ambitious, unprincipled, profit-driven undertakers might be tempted too.
Actually, most people–and particularly patients who medicate with marijuana–use it in place of prescription drugs or alcohol.
I recently reviewed the Federal Census stats on yearly driving fatalities state by state, from 1990 to 2009. All states, ‘legal’ or not, have seen their death rates drop, but on average, those with medical marijuana laws have posted declines 12% larger than the non-medical states. Public Safety Announcements and vehicles with airbags must have helped as well, consistently throughout the country, without affecting the disproportion between the ‘legal states’ and those ‘not yet, in 2009’.
In 2012 a study released by 4AutoinsuranceQuote cited statistics revealing that marijuana users are safer drivers than non-marijuana users, as “the only significant effect that marijuana has on operating on a motor vehicle is slower driving”, which “is arguably a positive thing”. Despite occasional accidents, eagerly reported by police-blotter ‘journalists’ as ‘marijuana-related’, a mix of substances was often involved. Alcohol, most likely, and/or prescription drugs, nicotine, caffeine, meth, cocaine, heroin, and a trace of the marijuana passed at a party last week. However, on the whole, as revealed in big-time, insurance-industry stats, within the broad swath of mature, experienced consumers, slower and more cautious driving shows up in significant numbers. Legalization should improve those numbers further.
Marijuana has many benefits, most of which are under-reported or never mentioned in American newspapers. Research at the University of Saskatchewan indicates that, unlike alcohol, cocaine, heroin, or Nancy (“Just say, ‘No!’”) Reagan’s beloved nicotine, marijuana is a neuro-protectant which actually encourages brain-cell growth. Research in Spain (the Guzman study) and other countries has discovered that it has tumor-shrinking, anti-carcinogenic properties. These were confirmed by the 30-year Tashkin population study at UCLA.
Drugs are man-made, cooked up in labs, for the sake of patents and the profits gained by them. Often useful, but typically burdened with cautionary notes and lists of side effects as long as one’s arm. ‘The works of Man are flawed.’
Marijuana is a medicinal herb, the most benign and versatile in history. “Cannabis” in Latin, and “kaneh bosm” in the old Hebrew scrolls, quite literally the Biblical Tree of Life, used by early Christians to treat everything from skin diseases to deep pain and despair. The very name, “Christ” translates as “the anointed one”. Well then, anointed with what? It’s a fair question. And it wasn’t holy water, friends. Holy water came into wide use in the Middle Ages. In Biblical times it was used by a few tribes of Greek pagans. But Christ was neither Greek nor pagan.
Medicinal oil, for the Prince of Peace. A formula from the Biblical era has been rediscovered. It specifies a strong dose of oil from kaneh bosom, ‘the fragrant cane’ of a dozen uses: ink, paper, rope, nutrition. . . . It was clothing on their backs and incense in their temples. And a ‘skinful’ of medicinal oil could certainly calm one’s nerves, imparting a sense of benevolence and connection with all living things. No wonder that the ‘anointed one’ could gain a spark, an insight, a sense of the divine, and the confidence to convey those feelings to friends and neighbors.
I am appalled at the number of ‘Christian’ politicians, prosecutors, and police who pose on church steps or kneeling in prayer on their campaign trails, but cannot or will not face the scientific or the historical truths about cannabis, Medicinal Herb Number One, safe and effective for thousands of years, and celebrated by most of the world’s major religions.
Robert Lewis
After following this case, and listening to feedback on social media or from area residents, I have a few questions for which, perhaps, Fox 17 can provide enlightenment.
Who were the victims of the crimes for which these men were prosecuted? Is this the first case of anyone in Kent County being discovered with leaf marijuana which had been converted to an edible product, such a “pot brownie?” If this is not the first such discovery, how many others have been prosecuted, and to what extent? Is it common practice to prosecute a medical marijuana user, who eats rather than smokes that plant, for maintaining a drug house, as would be appropriate for someone cooking and selling meth or crack cocaine?
Were these men’s names, and that of Ms. Annis, the only patient names on Mr. Scherzer’s list? If not, to what extent were other patients investigated and prosecuted? Were these men targeted because they were employees of the Sheriffs Department, albeit non-law-enforcement ones? Have there been other instances in which other, perhaps higher-ranking Sheriffs Department staff were accused of violating The Controlled Substance Act? If so, were those ranking officers prosecuted? Did they lose their jobs?
Speaking of jobs and livelihoods; Sergeant Timothy Bernhardt, a combat veteran of the United States Air Force, served with distinction in Kent County for 22 years. In another three years, he would have been eligible for retirement. His caregiver states in the article that Sgt. Bernhardt turned to medical marijuana after several debilitating injuries, including ones suffered in the employ of The County of Kent, and resultant surgeries. Is it true that Sgt. Bernhardt, after his arrest, applied for permission from the Kent County Pension Board to retire early, at a reduced level of compensation? Is it true that request was denied? Is it true that Kevin Bramble, Kent County Assistant Prosecuting Attorney, is a member of that board? Did Mr. Bramble, at the same time he was prosecuting Sgt. Bernhardt, vote to deny him his pension for converting smokeable marijuana to edible marijuana? Is it true that the sole Sheriffs Department employee on that board chose to abstain from voting, citing a conflict of interest? What conflict of interest would exist for a Sheriffs Department employee that would not also exist for one from the Prosecutors Office?
I realize that the above questions are numerous and complicated. But, it is my hope that someone at Fox 17 will endeavor get to the bottom of them
Robert Eli Jordan
Congratulations Oregon, Alaska, DC, Guam and Portland-Maine….even Florida got 58% of the vote, California voted to lower penalties on ALL drugs, and NYC is ending marijuana arrests…..
Marijuana is Dominating, Freedom is Winning
AMERICA’S WAR ON DRUGS IS A WAR ON AMERICANS!!!!
Bea Liop
The Court of Appeals opinion banning whatever resin extracts was incorrect, and would have been reversed in the Mich Supreme Court, had they heard the issue.
I fully expect these charges to be dismissed, maybe not in district court, but probably later in appeals. Never plead guilty if you have your MMMA card. Patients and Caregivers with a card are immune from prosecution and arrest.
Stephanie Annis
I am Stephanie Annis. First, I would like to make it known that I was never contacted by any legal authority; and I commited no crime. Second, I find it unfortunate that my full name and personal medical information were publicly announced on Fox 17 news with my consent and without contacting me. Disclosing this private information is a violation of the MMMA and a misdorminor crime (though I do not intend to pursue that aspect).
No attempt was made to contact me before this piece aired and my calls to Fox 17 have not been returned. Thefore, I am giving my personal statement here in the comments.
What happened to all involve is unfortunate. Families and lives were destroyed.
An overzealous law enforcement team made the decision to destroy the careers and lives of officers based on a hyper-technicality which should have been cleared up by the legislature long ago. Everyone involved in this cased believed medicated butter was legal; as it was legal when they started producing and using the medicated butter. When medibles and concentrates were deemed illegal, even though they were previously protected, that information was not pass along to caregivers, patients, or the general public; which should have been the responsablity of the LARA the agency responsable for overseeing the MMMA.
This case is an example of the need for clarification in the law.
I believe, until the laws are clear, defined, and concrete the community needs to be informed about Jury Nulification.
Citizens need to take jury duty seriously. Jurors need to know they have every right to vote not guilty without explination.
In these cases, where patients are refused the right to present a medical defense Lawyers need to explain Jury Nulification to the jurors and citizens need to be educated about Jury Nulification.
Jury Nulification was used during prohibition successfully.
With Judges preventing citizens from presenting a medical defense, which was the purpose of the MMMA, it is critical that jurys are aware they have a right to vote not guilty no explination needed.
If you are on a jury, it’s a case about marijuana, vote not guilty.
We must stop convicting our fellow citizens because they believe in Marijuana use.
To Clarify; there was no large scale mailing operation. This case blew up because on package was sent to one patient, it was intercepted, and the fact that the people involved were caregivers and patients didn’t matter. The officers were only targeted after the fact because they happened to be the patients of the caregiver who mailed one single package to a homebound patient.
In closing, the charge of operating a drug house was designed to shut down actual drug houses where drugs are sold all day long; it was not intended for family homes where patients consume or prepare medical marijuana.
Until the laws are clear and defined the state needs to stop all prosecution and harrassment of MMMA protected patients.