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A court-approved settlement has made final the closing of Paul Joseph Miller's Muskegon Medical Marijuana Dispensary in Norton Shores — or maybe not.
If the Michigan Supreme Court rules in favor of marijuana dispensaries, as Miller hopes, the whole case will reopen. And so might the Muskegon Medical Marijuana Dispensary.
Muskegon County 14th Circuit Judge James M. Graves Jr. on Monday signed a consent judgment ending a lawsuit by the city against Miller and his dispensary.
Under the judgment, both sides agree that Graves' preliminary injunction of last Nov. 15 may become the final order, closing the case.
That injunction, reinforcing an Oct. 6 temporary restraining order, barred Miller from operating the dispensary in the 1300 block of East Sherman Boulevard. Miller closed the dispensary after the restraining order.
Miller's dispensary, which opened in the spring of 2011, was a spot where anyone permitted by the state to use medical marijuana could purchase the medication.
But a Michigan Court of Appeals ruling in August 2011 changed the legal situation, decla
ring that such dispensaries are not allowed under Michigan's voter-approved Medical Marijuana Act, passed in 2008. That led to the closing of dispensaries all over the state.
The state Supreme Court later agreed to hear an appeal of that ruling. A decision is expected before too much longer.
That makes Miller hopeful he'll be able to reopen his dispensary after all.
The Norton Shores consent judgment includes a clause that Miller can move to reconsider or modify its terms if the Supreme Court rules in favor of dispensaries.
"I pretty much 99 percent believe they're going to find patient-to-patient transfers (of marijuana) legal," Miller said. "That's going to turn things around for all dispensaries and compassion clubs."
Since last October, "I've been closed except for my personal patients," Miller said. "I had lost not only the opportunity to help some of my patients, I lost part of my income. ... It's been extremely difficult for a lot of people."
Under Michigan law, Miller, a certified caregiver, can provide medical marijuana to up to five patients. Miller, 53, is also a registered patient, using the plant to cope with pain he said he suffers from a car accident and a motorcycle accident.
Michigan's law doesn't indicate how people who are allowed to use marijuana for medical purposes can get hold of supplies. It says they can possess up to 2.5 ounces of "usable" pot and keep up to 12 plants in a locked place.
The law also allows a registered caregiver to grow up to 72 plants for himself and five other patients. But that's often more than six patients need, and dispensary supporters have argued that the excess marijuana can be sold to other card-holding patients.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Hausman
Contact: Contact Us - MLive.com
Website: Muskegon Medical Marijuana Dispensary closure made final -- or maybe not | MLive.com
If the Michigan Supreme Court rules in favor of marijuana dispensaries, as Miller hopes, the whole case will reopen. And so might the Muskegon Medical Marijuana Dispensary.
Muskegon County 14th Circuit Judge James M. Graves Jr. on Monday signed a consent judgment ending a lawsuit by the city against Miller and his dispensary.
Under the judgment, both sides agree that Graves' preliminary injunction of last Nov. 15 may become the final order, closing the case.
That injunction, reinforcing an Oct. 6 temporary restraining order, barred Miller from operating the dispensary in the 1300 block of East Sherman Boulevard. Miller closed the dispensary after the restraining order.
Miller's dispensary, which opened in the spring of 2011, was a spot where anyone permitted by the state to use medical marijuana could purchase the medication.
But a Michigan Court of Appeals ruling in August 2011 changed the legal situation, decla
ring that such dispensaries are not allowed under Michigan's voter-approved Medical Marijuana Act, passed in 2008. That led to the closing of dispensaries all over the state.
The state Supreme Court later agreed to hear an appeal of that ruling. A decision is expected before too much longer.
That makes Miller hopeful he'll be able to reopen his dispensary after all.
The Norton Shores consent judgment includes a clause that Miller can move to reconsider or modify its terms if the Supreme Court rules in favor of dispensaries.
"I pretty much 99 percent believe they're going to find patient-to-patient transfers (of marijuana) legal," Miller said. "That's going to turn things around for all dispensaries and compassion clubs."
Since last October, "I've been closed except for my personal patients," Miller said. "I had lost not only the opportunity to help some of my patients, I lost part of my income. ... It's been extremely difficult for a lot of people."
Under Michigan law, Miller, a certified caregiver, can provide medical marijuana to up to five patients. Miller, 53, is also a registered patient, using the plant to cope with pain he said he suffers from a car accident and a motorcycle accident.
Michigan's law doesn't indicate how people who are allowed to use marijuana for medical purposes can get hold of supplies. It says they can possess up to 2.5 ounces of "usable" pot and keep up to 12 plants in a locked place.
The law also allows a registered caregiver to grow up to 72 plants for himself and five other patients. But that's often more than six patients need, and dispensary supporters have argued that the excess marijuana can be sold to other card-holding patients.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Hausman
Contact: Contact Us - MLive.com
Website: Muskegon Medical Marijuana Dispensary closure made final -- or maybe not | MLive.com
