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Some Medical Marijuana Sales Can Resume At Chesterfield Business


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By Jameson Cook

For The Voice

 

A Macomb County judge Wednesday said he would revise his recent opinion and allow operators of a former Chesterfield Township medical marijuana dispensary to maintain, use and transfer the drug in limited fashion.

 

Big Daddy’s Management Group, which operates the facility, asked the judge to clarify his ruling last month that declared the facility a nuisance and banned marijuana on the premises. Big Daddy’s says it complied with the ruling, which followed a Nov. 3-4 evidentiary hearing.

 

Foster agreed that Big Daddy’s should be allowed to grow, cultivate, use and exchange marijuana as allowed by the Medical Marihuana Act, passed by voters in 2008.

 

“I will sit down and rewrite this opinion,” Foster said, promising to issue it within a week. “I cannot prohibit what the people of the state of Michigan passed and what the Court of Appeals approved.”

 

The ruling satisfied Big Daddy’s attorneys.

 

“It may not be enough to keep Big Daddy’s in business, but it’s a fairer order,” said attorney Corbett O’Meara. “He’s a fair judge, and gave us a fair hearing today.”

 

O’Meara said he expects Foster will merely add the clause, “except as allowed under the Medical Marihuana Act.”

 

O’Meara, however, said disagreements could arise because, “There is confusion about what the MMA allows.”

 

Colleen O’Connor, attorney for the township, opposed the judge amending his ruling.

 

“It seems like they are asking the court to rule on hypotheticals which I don’t think is proper,” O’Connor said. “There is an abundance of evidence of the sale of marijuana. You can’t do that.”

 

Foster said he did not go into detail about allowing activities allowed under the MMA in his original ruling because, “I can only rule on the evidence presented to me.”

 

He reiterated that “patient to patient sales” are illegal, as determined by the state Court of Appeals decision in People v. McQueen, which is being appealed to the U.S. Supreme Court.

 

At the hearing, five patients licensed under the MMA testified about purchasing marijuana at Big Daddy’s; none of the sellers was a caregiver to whom the patient was registered.

 

Although the growth and use of marijuana was inferred, there was no evidence of it taking place. Other potential witnesses declined to testify, citing their Fifth Amendment right against self-incrimination.

 

Foster on Nov. 30 labeled the facility a nuisance because it violated the law by allowing patients to receive marijuana from sellers who were not listed as their primary caregiver. He ordered Big Daddy’s to not produce, possess or exchange marijuana on its premises.

 

Under the MMA, a caregiver can supply for five listed patients, although some attorneys disagree with that interpretation.

 

A patient can possess up to 12 plants and 2.5 ounces of marijuana. A licensed caregiver can possess enough marijuana and plants for himself and five patients. Caregivers can receive compensation for costs.

 

Foster on Wednesday also rejected Big Daddy’s request that its attorneys meet with attorneys for the township and state Attorney General Bill Schuette, who interceded in the case as an interested party, to clarify rules.

 

Big Daddy’s, located on Gratiot Avenue, remains open, selling growing equipment and supplies.

 

The case is not over. Issues remain over Big Daddy’s occupancy permit and whether it violates the zoning ordinance. No court dates have been set.

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Ok, now this really does not make sense. How can they be shut down due to being a nuisance when the court is now saying that what they where doing was legal so would not fit in there silly nuisance civil charge that got them shut down. This silly lil court just can't seem to make up it's mind and should have them open for some huge lawsuits.

 

Can I driver the fire truck big daddy ? Your about to own theres so was just wondering ahahaha. Sue them and sue them still they have no fire trucks.......... Transfers are covered under the Act so they should not have been shut down to begin with.

 

 

OH Mr. Bill won't like this,,, nope won't like this at all and there goes more wasted tax dollars with him trying to change this ruling. You go Mr. Bill, you go... Seems the sick bite back,,, don't we........................ :growl: :growl: :growl:

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well - read the article. The judge has approved "per MMMAct" that caregivers can take care of their registered patients. He did not want to stop that. He seems to agree that people need a social place to use.

 

He agreed and used the recent COA - that P2P is still illegal. Patients can only acquire, transfer, and deliver without money.

 

"Foster on Nov. 30 labeled the facility a nuisance because it violated the law by allowing patients to receive marijuana from sellers who were not listed as their primary caregiver. He ordered Big Daddy’s to not produce, possess or exchange marijuana on its premises." (He has now lifted the order 'not to produce, possess, or exchange marijuana on its premises' - only for CGs following the MMMAct.)

 

Under the MMA, a caregiver can supply for five listed patients, although some attorneys disagree with that interpretation."

 

So, it must mean that Big Daddy is a few CGs taking care of the patients they are connected to via the MDCH MMMP database.

 

DN

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Just says connected thru the reg and opens the door right back up, but yeah the patient thing maybe a given but if they have a caregiver behind that counter then they're covered and I'm sure will run with it. We'll see what happens that's for sure. Poor Mr. Bill will not like this one lil bit.. :goodjob: :goodjob: :goodjob: They'll pick the wording apart more on this, that's for sure. I know both sides of the debate and will just have to see what this does. Ya know neither side is gonna let the issue just lay and it's far from over.

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