Jump to content

Mt. Pleasant Dispensary Attorneys Plan An Appeal.

Recommended Posts



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 delicious.gif digg.gif stumble.gif facebook.gif twitter.gif



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.



powered.pngMAP posted-by: Richard R Smith Jr.





Share This Article delicious.gif digg.gif stumble.gif facebook.gif twitter.gif 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





Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Create New...