Dispensaries Not Legal Under Medical Marijuana Law

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Dispensaries are a public nuisance and not legal under Michigan's 2008 medical marijuana law, the state supreme court has ruled.

In an opinion issued Friday, Michigan Supreme Court justices said Brandon McQueen and Matthew Taylor's Compassionate Apothecary in Mt. Pleasant did not operate in accordance with the Michigan medical Marijuana Act, in part because they profited from the business.

Michigan Attorney General Bill Schuette announced later in the day Friday that he is telling county prosecutors to shut down medical marijuana dispensaries.

Chief Justice Robert P. Young Jr. and justices Stephen J. Markman, Mary Beth Kelly and Brian Zahra upheld the opinion of the Michigan Court of Appeals, which ruled on the case after then-prosecutor Larry Burdick filed an appeal following Isabella County Trial Judge Paul Chamberlain's ruling that the dispensary, which facilitated patient-to-patient sales, was legal.

Michigan's medical marijuana law authorizes the medical use of the drug and defines medical use broadly, but is clear in relation to how the drug can be obtained, according to the opinion.

"Because the MMMA's immunity provision clearly contemplates that a registered qualifying patient's medical use of marijuana only occur for the purpose of alleviating his own debilitating medical condition or symptoms associated with his debilitating medical condition, and not another patient's condition or symptoms," justices said in the opinion.

McQueen and Taylor's business required every member to either be a registered qualifying patient or registered primary caregiver, and to have valid, unexpired medical marijuana registry identification cards from the Michigan Department of Community Health.

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News Hawk- TruthSeekr420 420 MAGAZINE
Source: themorningsun.com
Author:Susan Field
Contact: | The Morning Sun
Website: Dispensaries not legal under medical marijuana law - The Morning Sun
 
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