greenbuddha Posted September 19, 2011 Report Share Posted September 19, 2011 ATTORNEYS FOR MT. PLEASANT DISPENSARY PLAN APPEAL ON MEDICAL MARIJUANA RULING by Austen Smith, JRC News Service, (Source:Morning Sun) writeNewsItems();Regional NewsUS MI: Attorneys For Mt. Pleasant Dispensary Plan Appeal On US MI: Edu: Column: Controlled Substance Laws 'Hazy' US MI: Medical Marijuana Advocates Rally At Mich. Capitol US MI: Column: Darth Schuette US MI: Medical Marijuana Supporters Mourn The Loss Of US MI: Marijuana Tester Finds 'Street-Bought' Pot Unsafe US MI: OPED: A Different View On Medical Marijuana US MI: Medical Pot Users Say Their Needs Are Ignored As US MI: Column: The Party's Over For Misusers US MI: Officials Study Impact Of Court Ruling On Medical More News Select a State See Map Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia FEDERAL Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Check State Laws 16 Sep 2011 Share This Article Michigan ------- When a state Court of Appeals decision came down Aug. 23 prohibiting "patient-to-patient sales" of medical marijuana, a growing network of medical marijuana dispensaries were suddenly thrown into a state of limbo. The court determined that defendants Brandon McQueen and Matthew Taylor, owners of Mt. Pleasant-based CA, formerly known as Compassionate Apothecary, were not acting within the boundaries of the 2008 Michigan Medical Marihuana Act by allowing sales of medical marijuana and retaining up to 20 percent in profit. The appellate court opinion overturned an Isabella County Circuit Court decision and determined the defendants in fact were in violation of the Public Health Code and could be shut down as a public nuisance. According to their attorney, however, there is no provision in the state's Public Health Code making it illegal to sell marijuana - medical or otherwise. "There is no offense in the PHC that mentions the words 'sales,'" said Matthew Newburg, from Newburg Law, PLLC in Lansing. Newburg said he and attorney Mary Chartier, from another Lansing law firm, are planning an appeal of the appellate court decision to be reviewed by the Michigan Supreme Court. Of course, federal drug laws stipulate that marijuana remains illegal and is listed as a Schedule 1 narcotic, but Newburg said there is no state law addressing sales. The Michigan Medical Marihuana Act, also, does not address sales or dispensaries. "Whether money exchanged hands as part of the dispensary's normal operations is irrelevant," he said. Although the Michigan Medical Marihuana Act and the state's Public Health Code directly conflict with one another, Newburg said the MMMA provides an exception, more or less, for licensed patients and caregivers. He said there are provisions in the act that safeguard patients and caregivers from arrest and prosecution. Newburg said they are gathering information for their appeal and to determine the best course of action. In Ypsilanti, the 3rd Coast Compassion Center closed its doors for one day after the Court of Appeals decision was announced. Since then, the first medical marijuana dispensary in the state has been operating normally. But Jamie Lowell, director for 3rd Coast, said they are still trying to determine what the court ruling means for them. The dispensary operates as a non-profit organization that accepts private donations in order to pay bills and salaries Lowell echoed Newburg's comments saying that the Michigan Medical Marihuana Act didn't need to address the selling of medical marijuana because it was never illegal according to state law. "What the MMMA did carve out was an exception for the growing and manufacturing for licensed patients and caregivers," said Lowell. MAP posted-by: Richard R Smith Jr. Share This Article Pubdate: Fri, 16 Sep 2011 Source: Morning Sun (Mt. Pleasant, MI) Copyright: 2011 Morning Sun Contact: news@michigannewspapers.com Website: http://www.themorningsun.com/ Details: http://www.mapinc.org/media/3938 Author: Austen Smith, JRC News Service Quote Link to comment Share on other sites More sharing options...
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