Michigan Supreme Court To Hear Arguments In Significant Medical Marijuana Cases

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Michigan's highest court is set to hear oral arguments on October 11 regarding two controversial medical marijuana cases.

In People v McQueen, the court will decide whether Michigan's Medical Marijuana Act (MMMA) allows registered patients and caregivers to transfer and/or sell medical marijuana to patients they are not linked to through Michigan's registry program. Isabella County's Prosecuting Attorney has argued that McQueen's dispensary (Compassionate Apothecary) was a public nuisance and violated the Public Health Code. A circuit judge disagreed with the prosecutor's argument and refused to enter an injunction. The prosecutor appealed and oral arguments were heard by Michigan's Court of Appeals (COA) on June 7, 2011. On August 23, 2011, the COA issued an opinion which overturned the circuit court's decision. McQueen's attorneys appealed that COA decision and assert that "patient-to-patient transfers of marijuana are protected by the MMA and that attaching a price to those transfers does not violate the Public Health Code."

The second medical marijuana case to be heard by the Supreme Court on October 11 is People v Bylsma. In that case, Kent County's circuit court held that Ryan Bylsma illegally possessed approximately 60 marijuana plants. Michigan's COA held oral arguments in the Bylsma case on September 7, 2011 and they upheld the circuit court's decision in an opinion released on September 27, 2011. Bylsma's attorney, Bruce Block, appealed to the Supreme Court and argues that his client only possessed 24 of the 88 medical marijuana plants that were allegedly discovered by police. Block revealed that several other registered patients and/or caregivers owned a majority of the medical marijuana plants that were being grown in a common, enclosed, locked facility that was leased by Bylsma.

The MI Supreme Court will hear oral arguments on both case starting at 9:30 a.m., on October 11. The court's website provides more detailed summaries of the issues presented in the McQueen case and the Bylsma case. (The appellate briefs filed in both of these cases can be downloaded at the hyperlinks provided above)

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Source: examiner.com
Author: Eric Vandussen
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Website: Michigan Supreme Court to hear arguments in significant medical marijuana cases - Traverse City Headline | Examiner.com
 
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