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Supreme Court Ruling - McQueen - Compassionate Apothacary


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Must act in accordance with the provisions of the act. Wait for the actual analysis of the ruling by the lawyers, in the meantime do not transfer for compensation to anyone other than your 5 designated patients.

 

Don't speculate on this one. LEO has been on the sidelines waiting and we are going to see some activity by them very soon I fear. I would avoid dispensaries and farmers markets until this is crystal clear in everyone's mind.

 

Dr. Bob

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IV. CONCLUSION

Because we conclude that defendants’ business does not comply with the MMMA,

we affirm the Court of Appeals’ decision on alternative grounds. While the sale of

marijuana constitutes “medical use” as the term is defined in MCL 333.26423©, § 4 of

the MMMA, MCL 333.26424, does not permit a registered qualifying patient to transfer

marijuana for another registered qualifying patient’s medical use. Plaintiff is thus

entitled to injunctive relief to abate a violation of the Public Health Code.

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IV. CONCLUSION

Because we conclude that defendants’ business does not comply with the MMMA,

we affirm the Court of Appeals’ decision on alternative grounds. While the sale of

marijuana constitutes “medical use” as the term is defined in MCL 333.26423©, § 4 of

the MMMA, MCL 333.26424, does not permit a registered qualifying patient to transfer

marijuana for another registered qualifying patient’s medical use. Plaintiff is thus

entitled to injunctive relief to abate a violation of the Public Health Code.

 

thats it

no transfers of any kind unless you are connected.

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thats it

no transfers of any kind unless you are connected.

 

Let's get the lawyers to make that call.

 

PB, right now what we do know is that every patient in the state either signed up to grow their own or had a caregiver at the time of their certification and application to the program.

 

For several years now I've supported clubs as a way for patients to meet potential caregivers if they did not want to grow themselves. It was my recommended way, but many of those folks didn't listen and relied instead on fm and dispensaries.

 

Now is not the time to question that, or second guess the supreme court. Right now what we need to do is find a solution for those patients to either secure caregivers or learn to grow themselves.

 

Suggestions?

 

Dr. Bob

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You are nuts PB. The law is awesome, I have always believed that. A bunch of you tried to make it into something it never was. Deal with it.

 

He speaks the truth. Dispensaries and Farmers Markets brought this on themselves.

 

The caregiver system is there, use it. Grow your own. Above all thank the voters of Michigan that they gave you the chance to use an illegal substance to ease your suffering, so follow the rules they set up.

 

Dr. Bob

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Let's get the lawyers to make that call.

 

there is no call to make.. the SC bounced it. right there in the conclusion.

 

While the sale of

marijuana constitutes “medical use” as the term is defined in MCL 333.26423©, § 4 of

the MMMA, MCL 333.26424, does not permit a registered qualifying patient to transfer

marijuana for another registered qualifying patient’s medical use.

 

this means..

 

any transfers..

 

even ones for free that were just upheld by the Green decision are now not protected as medical use.

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As far as dispensaries go, this is exactly what I thought would happen. But the bright side is that now there is a clear understanding that in order to have sales outside the caregiver system, we have to have a law that allows it, regulates it, and taxes it. Now maybe they will work on that instead of wondering about the meaning of 'a' and 'their' or what ever other spin the dispensary folks wanted to put on the MMMA.

 

The need is there as many here have pointed out. Perhaps now we might get some movement there.

 

Dr. Bob

Edited by Dr. Bob
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