Supreme Court Ruling - McQueen - Compassionate Apothacary

[bobandtorey]

GRAND RAPIDS, MI — Biting into his favorite cheesy metaphor, Attorney General Bill Schuette said a Michigan Supreme Court ruling in a Mount Pleasant medical marijuana dispensary case should clarify a law with more holes in it than a slice of Swiss.

 

The only question posed to Schuette after a short speech Wednesday at the Michigan Association of Chiefs of Police conference was about the state's four-year-old medical marijuana law. Schuette hopes a decision pending from the state Supreme Court will give his office and police departments around the state direction in following the law.

 

The Michigan Supreme Court is set to soon make a decision in the State of Michigan vs. Brandon McQueen, the owner of a Mount Pleasant dispensary. The case could likely define the role patient-to-patient transfers play in the state's medical marijuana program. Lawyers presented oral arguments before the court in October.

http://www.mlive.com/news/grand-rapids/index.ssf/2013/02/supreme_court_ruling_in_mount.html

Edited February 8, 2013 by bobandtorey

[bobandtorey]

GRAND RAPIDS, MI — Biting into his favorite cheesy metaphor, Attorney General Bill Schuette said a Michigan Supreme Court ruling in a Mount Pleasant medical marijuana dispensary case should clarify a law with more holes in it than a slice of Swiss.

 

The only question posed to Schuette after a short speech Wednesday at the Michigan Association of Chiefs of Police conference was about the state's four-year-old medical marijuana law. Schuette hopes a decision pending from the state Supreme Court will give his office and police departments around the state direction in following the law.

 

The Michigan Supreme Court is set to soon make a decision in the State of Michigan vs. Brandon McQueen, the owner of a Mount Pleasant dispensary. The case could likely define the role patient-to-patient transfers play in the state's medical marijuana program. Lawyers presented oral arguments before the court in October.

 

 

 

Schuette has long been critical of Michigan's medical marijuana law. He has advocated the use of civil lawsuits to shut down the “pot shops” creating a “marijuana free-for-all.” Efforts to recall Schuette often focus on his position on medical marijuana.

 

The state made nearly $6.3 million from the medical marijuana program, according to a recently released report. The program brought in $9.9 million. The state spent $3.6 million on the program.

 

As of December, the state has registered more than 124,400 patients and nearly 25,960 active primary caregivers for the use and dispersal of medical marijuana since voters approved the ballot measure in 2008. (See a break down by county here.)

 

[mibrains]

http://www.detroitnews.com/article/20130208/METRO/302080422/Michigan-Supreme-Court-Medical-pot-dispensaries-not-allowed?odyssey=tab|topnews|text|FRONTPAGE

 

The Michigan Supreme Court says users of medical marijuana can't buy it at pot shops.

The 4-1 decision Friday is the most significant court ruling since voters approved marijuana for certain illnesses in 2008. It means the state's 126,000 approved users must grow their own pot or have a state-licensed caregiver grow it for them.

The state appeals court declared dispensaries illegal in 2011, but enforcement has depended on the attitudes of local authorities. Some communities took a hands-off approach while waiting for the Supreme Court to make the ultimate decision.

The case involves a Mount Pleasant dispensary that allowed medical-marijuana users to sell pot to each other. Owners took as much as a 20 percent cut of each sale. Isabella County shut it down as a public nuisance.

From The Detroit News: http://www.detroitnews.com/article/20130208/METRO/302080422#ixzz2KK7Gj5xw

[peanutbutter]

Ruling has been released ..

 

Bad for dispensaries from what I've seen so far.

[mibrains]

where is it Gersh..i am looking everywhere

can u post us a link please

[Hayduke]

the court typically puts out the decision after announcing the verdict. Likely we will see it later today.

 

Thinkin' there is gonna be some fire sales goin' on....

[mibrains]

http://courts.michig...4%20Opinion.pdf

 

 

the opinion is here...

[Dr. Bob]

http://www.wwmt.com/shared/newsroom/top-stories/stories/wwmt_michigan-supreme-court-rules-medicalmarijuana-dispensaries-not-allowed-under-2008-law-7693.shtml

 

Not the opinion, but it is 4-1 against

[SFC]

I couldn't see them ruling any other way. The law reads pretty clearly.

Edited February 8, 2013 by SFC

[mibrains]

http://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/143824%20Opinion.pdf

[peanutbutter]

the court typically puts out the decision after announcing the verdict. Likely we will see it later today.

 

Thinkin' there is gonna be some fire sales goin' on....

 

THANK YOU .. I was going nuts trying to find it.

[peanutbutter]

I couldn't see them ruling any other way. The law reads pretty clearly.

 

Got a stock pick for me?

[mibrains]

§ 4 does not authorize a

registered qualifying patient to transfer marijuana to another registered qualifying patient.

Accordingly, while the Court of Appeals erred by excluding sales from the definition of

“medical use,” we affirm on alternative grounds its conclusion that the MMMA does not

contemplate patient-to-patient sales of marijuana for medical use and that, by facilitating

such sales, defendants’ business constituted a public nuisance.

[mibrains]

guys... the decision is at the link i posted above...

 

its there... I'm reading it now..

 

http://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/12-13-Term-Opinions/143824%20Opinion.pdf

[peanutbutter]

OK .. sales is a part of transfer.

 

ALL transfers, with or without money are illegal.

 

Green is overturned.

 

Time to hide.

Edited February 8, 2013 by peanutbutter

[SFC]

I read thru it a bit Mibrains, thanks. Cavanaghs dissent was just on a narrow part of it right?

[SFC]

That is not what they said PB. They said a caregiver can transfer to a patient registered to them. Looks like you are out of business tho.

[peanutbutter]

That is not what they said PB. They said a caregiver can transfer to a patient registered to them. Looks like you are out of business tho.

 

The product I sell doesn't have any cannabis in it at all.

[SFC]

Whatever. Why are you fear mongering then?

[Dr. Bob]

Is Green overturned? I've not read through it all the way yet.

 

Dr. Bob

[t-pain]

edit: removing my incorrect analysis

Edited February 8, 2013 by t-pain

[peanutbutter]

That is not what they said PB. They said a caregiver can transfer to a patient registered to them. Looks like you are out of business tho.

 

Good thing every patient has a caregiver.

 

I am corrected. I should have said every single patient to patient transfer is illegal. Or caregiver to caregiver. Every kind of transfer is illegal except caregiver to their registered patient.

 

In section 4.

[mibrains]

im still on page 11..

trying to take my time and digest it all..

[Dr. Bob]

nope, you read it wrong pb.

 

 

 

transfers for money are legal.

 

just in this case, they didnt follow 'medical use'

 

 

if you sell marijuana, you also need to trade marijuana at the same time with your cash, that way every transfer allieviates both parties ailments. the reason its worded this way is because mcqueen was only the middleman with no marijuana.

 

yes, i am awesome for figuring this out. no, this is not legal advice.

 

You are also wrong this is VERY bad advice. No sales.

[peanutbutter]

Whatever. Why are you fear mongering then?

 

Hey .. I guess outlawing dispensaries works for you.

 

It doesn't for me.