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Pot pushers busted at NIACC get deferred judgements

MASON CITY – Two Minnesota residents have both received deferred judgments after sentencing hearing for their part in distribution of marijuana following an investigation into NIACC student’s drug distribution activities by local law enforcement.

Samuel Harrison Foy was detained by local law enforcement on NIACC’s campus along with three others on January 17th for illegal drug distribution activities following the investigation. Marcus Allen Chisholm later turned himself in at the Mason City Police Department.

Marcus Chisholm was accused of delivery of marijuana on September 29th and again on October 20th, 2011.

Samuel Foy was accused of delivery of marijuana on October 20th, 2011.

Marcus Chisholm had initially pled not guilty to the accusation but entered into a negotiated voluntary plea agreement on June 6th.

Samuel Foy had initially pled not guilty to the accusation but entered into a negotiated voluntary plea agreement on June 6th.

At the scheduled sentencing hearing for Marcus Chisholm on Monday, July 23rd, presiding Assistant Chief Judge, James M. Drew handed down a deferred judgments on both charges in the case. As part of the deferred judgment Chisholm must serve 3 years of probation with the Iowa Department of Corrections and pay two $750 civil penalties, a $250 law enforcement surcharge, and $201 in court cost and lawyer fees.

At the scheduled sentencing hearing for Samuel Foy on Tuesday, July 24th, presiding Assistant Chief Judge, James M. Drew handed down a deferred judgment in the case. As part of the deferred judgment Foy must serve 3 years of probation with the Iowa Department of Corrections and pay a $750 civil penalty, a $125 law enforcement surcharge, and $201 in court cost and lawyer fees.

Samuel Harrison Foy

Marcus Allen Chisholm

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marijuana is amazing and should be legal alcohol is the worst so on that note BLAZE IT

“I’m surprised that you let Peter L post on your site. Have you seen how horrible he blasted you on HIS site? Unbelievable! Yes Peter seems to have some issues.”

For one thing Matt is far too big of a person to be intimidated by the likes of this guy. As far as his site goes, it won’t last long, nothing else he has ever undertaken was completed, this will not be any different either. From what I’ve been told his site will be mostly for those who want to see pot legalized. And last, maybe this guy has issues because he is the issue.

Keep em loud!!!!!!!!!!!

I’m surprised that you let Peter L post on your site. Have you seen how horrible he blasted you on HIS site? Unbelievable! Yes Peter seems to have some issues.

This is for: pot kills,yah right people have died or been kill fighting over oil.

Over 50,000 people have been killed in Mexico in the last six years over pot and these people get nothing! Pot does kill!

Pot doesn’t kill. Cartels kill.

they die because of pot

so far of the four arrested and charged, 3 off the hook with deferred sentences and/or probation… are we to expect the 4th one to get same treatment or is there an underlying messsage noone knows of yet like for example rolling/snitching on them- or is the 4th guna be the scapegoat they make an example of… time will tell!! college pres. son is not a 1st offender- he screwd that up when he violated his probation for the charges he used his deferred on… he should have gotten at least SOME time in prison this time around.. cocaine is mot a plant last I knew… smh

Actually, cocaine does come from a plant

Your only chance to be heard is to vote the members off that are currently on the NIACC board.

Im fine with this. Why waste over $40,000 per year per person, to lock up people who are threatening only to a bag of Cheetos.The law is wrong, not the bong.

however i disagree in that too much pot smoking at a young age is harmful to one’s direction in life which can lead to other ailments and burdens on society (others besides a bag of cheetoes, lol).

I wonder if Deb Derr will expel like mentioned by anonymous? Anyone have an answer or know??

I know of a person that got a life sentence for selling drugs, he’s been there over twenty (20) years now. how is this fair. I just read in the paper that a woman was released from prison after eight (8) months for killing 2 small children while in a vehicle. I’m confused, is selling drugs worse then killing someone.

Was he selling Pot or was it something completely different?

Lets see….deal drugs at or near a school and you can walk away with a deferred judgement!! President of NIACC coddles her son to get him off the charges…great message being sent by the President of our Community College!! Our system is so messed up and these dealers know it….when will their next deal come?…..probably taken place already….maybe to one of our children or young people….what a screwed up system!!

There is no enhancement for delivery of marijuana within 1000 feet of a community college campus. That only applies to elementary or secondary schools under Iowa Code section 124.401A.

The district court more likely than not imposed sentences that were consistent with the recommendations of the presentence investigation prepared by the Iowa Department of Correctional Services.

If you want to send these young, non-violent first time offenders to prison for delivering a plant that will be legal to possess for medicinal purposes in this State in the not-to-distant future, then call your legislator and demand the HUGE increases in your income, sales and property taxes to pay for the new prisons, staff, benefits, etc., that we’ll need. They are on probation because the Department determined that they can be rehabilitated at significantly less cost to you and with little risk to the safety of the community.

Yes but why doesn’t Deb Derr follow NIACC’s student code of conduct and expel them from campus like is written in the book. It is specifically her who is supposed to bring these actions how I read it.

I think you’re referring to drugs. These two were just sharing a plant.

Where do you think drugs come from? PLANTS. Cocaine comes from the coca plant. Marijuana from cannabis. Heroin from poppies. Drugs kill and lead to the downfall of civilizations just like alcohol and hedonism do. Mexican’s government has lost control of its people. There is corruption everywhere and no one trusts anyone. It will happen here if our government does not continue to combat druggies and the supply chain. There will be greedy cartels here fighting each other on our turf if we don’t keep them out. Drug users are directly responsible for what may happen in this country – not the people who want to keep them illegal.

I don’t want to write a book here but there’s so much to dispute in what you have written.

First of all, you can’t smoke, snort or inject a poppy. There’s a PROCESS for making heroin. Same with cocaine. Yes, you can chew the leaves and get some effect. But, again, there’s a process for making the powder that is used in this country to get the cocaine high. All you have to do with cannabis is pluck a bud off the plant. No processing, no infusion of harmful chemicals is needed to get the end product. Do you see the difference?

I have never said cocaine, heroin, meth, etc., should be legal, although there are some arguments to that effect that I could support IF we provide free treatment for addicts who either seek it or who are forced into rehab by our legal system. The cost for this would be a TINY FRACTION of what we now spend on the drug war, which has failed miserably.

We ALL need to have open minds in order to solve some of our nation’s problems.

WOW! Most dealers get sentenced to long years in prison for even dealing drugs near a school but these two get off with probation? wtf

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