Michigan Appeals Court says Medical Marijuana Can't be Sold at Dispensaries

[Jacob Bell]

A medical marijuana operation that participates in selling the drug to consumers can be shut down as a public nuisance, the Michigan Court of Appeals said in a decision announced this morning.

The three judge panel, ruling on a case out of Isabella County, said that the Michigan Medical Marijuana Act "does not include the patient-to-patient 'sales'...."

The decision can be used as precedent and applied to other cases.

A lower court had said that said the Compassionate Apothecary was operating within the law when its operators allowed patients or caregivers to buy marijuana that other members had stored in their lockers rented from the facility. The owners, according to court records, provided the mechanism for the sales and took a 20 % cut of the sale price.

But the appellate judges in their 17-page opinion said that the Medical Marijuana law doesn't include sales as "medical use," and therefore it does not trump existing anti-drug laws.

"Defendants have no authority to actively engage in and carry out the selling of marijuana between ... members," the order read. "We conclude that defendant's operation ... is a public nuisance."

The ruling supports the Isabella County Prosecutor's effort to close the operation as a public nuisance that violates the state's Public Health Code.

The unanimous order was signed but Appellate judges Joel P. Hoekstra, Christopher M. Murray and Cynthia Diane Stephens.

News Hawk- Jacob Ebel 420 MAGAZINE
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Website: Michigan appeals court says medical marijuana can't be sold at dispensaries

 

[skyhighrobert]

Is it time for a new initiative? those repubs can only throw monkey wrenches. so lets give them something that is made of teflon and tire them out. skyhighrobert

 

[free2blaze]

I say the judges that signed this are a public nuisance, lets close them down, after all they are siding with those opposed to a voter approved law, either your with us or against us, what more do we need, so many people are waiting for the right elected official to come along and change things for us, these people are elected by us dont it seem obvious that we have the right to make changes on our own without the elected officials, there are more of us than there are of them so who holds the power to change?

 

[mishap]

ALL AMERICANS!!!!!!! PLEASE show your support and be at the rally in Lansing, Michigan on the 7th of September about 9:00AM, on the steps of our capital building. They are GUTTING OUR RIGHTS to the medicine's the voters said they wanted for sick people. Maybe it's time for a march on Washington D.C. too!