Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
All seven medical marijuana facilities in Otsego County - six in Gaylord and one in Vanderbilt - were expecting to receive cease-and-desist orders by Friday morning following a ruling which declared such facilities illegal in Michigan.
Most had already closed their doors Thursday afternoon in anticipation of receiving the order, with some having the marijuana moved off-site by caregivers.
The ruling was made in the Michigan Court of Appeals Wednesday against Compassionate Apothecary in Mount Pleasant, which operated by allowing members to sell marijuana to each other with the owners taking a commission.
A judge had initially ruled the medical marijuana law allows for the transfer of cannabis from patient to patient. In the court of appeals, however, a three-judge panel ruled that sales of marijuana between legal cardholders is not allowed by law and ordered Compassionate Apothecary shut down as a public nuisance.
According to the Detroit Free Press, two facilities in Ann Arbor were raided Thursday. Police were "carrying out big boxes of stuff," according to an eyewitness to one of the raids.
Otsego County Prosecutor Kyle Legel's office was preparing to have letters hand delivered to each of the local facilities.
"We are advising that they should close," Legel said Thursday. "If they don't close they are subjecting themselves to a complaint of public nuisance and potential criminal charges for any sales."
The penalty for delivery of marijuana is a four-year felony, he said.
Legel also shared his personal feelings about the issue and said the relationship between local authorities and the various facilities has been a good one. He described an "open dialogue" has been ongoing between city and county officials and owners of the facilities.
"In our community we haven't had any problems, and they haven't caused any additional crime," Legel said. "I think it's a shame people who are trying to get their medicine are going to have difficulty getting it."
Gaylord City Police Chief Joe FitzGerald differs.
"My feeling is it's a good ruling," he said Friday. "The law is poorly written and this will force the legislators to take a look at the law more closely."
Karen Sides, owner of Natural Remedies on South Otsego Avenue in Gaylord, was keeping her building open only for caregivers who were removing their marijuana from the premises and for members who wanted to talk about what will happen next.
"I'm really upset by it," she said. "I knew this day would come that we'd have to conform to the ruling, but I didn't think they'd choose this route."
She said her members are also upset, even crying, over the closure.
"They don't know how to grow ( marijuana for themselves ) and, frankly, they don't want to," she said. "This is going to open the door to the black market."
Sides was passing out handwritten flyers with the names and phone numbers for Rep. Greg MacMaster, Gov. Rick Snyder and Sen. John Moolenaar and scrawled with the message, "Call and support your local dispensary and let your voice be heard!"
In a press release from his office Wednesday, Attorney General Bill Schuette called the ruling "a huge victory for public safety and Michigan communities struggling with an invasion of pot shops near their schools, homes and churches."
Schuette was sending a letter to Michigan's 83 county prosecutors to explain the ruling empowers them to close dispensaries and provide instructions on how to file similar nuisance actions against facilities in their communities.
The ruling came two weeks before a rally is expected to take place in Lansing Sept. 7. At least 13 busloads of medical marijuana patients, caregivers and supporters, including one bus from Choice Collective in Gaylord, will be attending the rally to protest changes to the law.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Gaylord Herald Times (MI)
Copyright: 2011 Gaylord Herald Times
Contact: Northern Michigan Review
Website: Gaylord Herald Times
Details: MapInc
Author: Chris Engle
Most had already closed their doors Thursday afternoon in anticipation of receiving the order, with some having the marijuana moved off-site by caregivers.
The ruling was made in the Michigan Court of Appeals Wednesday against Compassionate Apothecary in Mount Pleasant, which operated by allowing members to sell marijuana to each other with the owners taking a commission.
A judge had initially ruled the medical marijuana law allows for the transfer of cannabis from patient to patient. In the court of appeals, however, a three-judge panel ruled that sales of marijuana between legal cardholders is not allowed by law and ordered Compassionate Apothecary shut down as a public nuisance.
According to the Detroit Free Press, two facilities in Ann Arbor were raided Thursday. Police were "carrying out big boxes of stuff," according to an eyewitness to one of the raids.
Otsego County Prosecutor Kyle Legel's office was preparing to have letters hand delivered to each of the local facilities.
"We are advising that they should close," Legel said Thursday. "If they don't close they are subjecting themselves to a complaint of public nuisance and potential criminal charges for any sales."
The penalty for delivery of marijuana is a four-year felony, he said.
Legel also shared his personal feelings about the issue and said the relationship between local authorities and the various facilities has been a good one. He described an "open dialogue" has been ongoing between city and county officials and owners of the facilities.
"In our community we haven't had any problems, and they haven't caused any additional crime," Legel said. "I think it's a shame people who are trying to get their medicine are going to have difficulty getting it."
Gaylord City Police Chief Joe FitzGerald differs.
"My feeling is it's a good ruling," he said Friday. "The law is poorly written and this will force the legislators to take a look at the law more closely."
Karen Sides, owner of Natural Remedies on South Otsego Avenue in Gaylord, was keeping her building open only for caregivers who were removing their marijuana from the premises and for members who wanted to talk about what will happen next.
"I'm really upset by it," she said. "I knew this day would come that we'd have to conform to the ruling, but I didn't think they'd choose this route."
She said her members are also upset, even crying, over the closure.
"They don't know how to grow ( marijuana for themselves ) and, frankly, they don't want to," she said. "This is going to open the door to the black market."
Sides was passing out handwritten flyers with the names and phone numbers for Rep. Greg MacMaster, Gov. Rick Snyder and Sen. John Moolenaar and scrawled with the message, "Call and support your local dispensary and let your voice be heard!"
In a press release from his office Wednesday, Attorney General Bill Schuette called the ruling "a huge victory for public safety and Michigan communities struggling with an invasion of pot shops near their schools, homes and churches."
Schuette was sending a letter to Michigan's 83 county prosecutors to explain the ruling empowers them to close dispensaries and provide instructions on how to file similar nuisance actions against facilities in their communities.
The ruling came two weeks before a rally is expected to take place in Lansing Sept. 7. At least 13 busloads of medical marijuana patients, caregivers and supporters, including one bus from Choice Collective in Gaylord, will be attending the rally to protest changes to the law.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Gaylord Herald Times (MI)
Copyright: 2011 Gaylord Herald Times
Contact: Northern Michigan Review
Website: Gaylord Herald Times
Details: MapInc
Author: Chris Engle
