The Michigan Supreme Court has ruled that medical marijuana dispensaries are not legal under the state’s 2008 medical marijuana law.
Chief Justice Robert P. Young Jr. and justices Stephen J. Markman, Mary Beth Kelly and Brian Zahra upheld the opinion of the Michigan Court of Appeals, which ruled on the case after then-prosecutor Larry Burdick filed an appeal following Isabella County Trial Judge Paul Chamberlain’s ruling that the dispensary, which facilitated patient-to-patient sales, was legal.
The justice’s opinion explained that collectives are not included in the law, “Because the MMMA’s immunity provision clearly contemplates that a registered qualifying patient’s medical use of marijuana only occur for the purpose of alleviating his own debilitating medical condition or symptoms associated with his debilitating medical condition, and not another patient’s condition or symptoms.”
Caregivers are still protected from prosecution, as long as they only provide marijuana to a qualifying patient who they are connected with via the state’s registration process.
Justice Cavanagh submitted a dissenting opinion, stating “The majority’s view is inconsistent with the purpose of the MMMA—to promote the “health and welfare of [Michigan] citizens”—because qualified patients who are in need of marijuana for medical use, yet do not have the ability to either cultivate marijuana or find a trustworthy primary caregiver, are, for all practical purposes, deprived of an additional route to obtain marijuana for that use—another qualified patient’s transfer. MCL 333.26422(c).”
As a result of the ruling, Michigan Attorney Bill Schuette has now announced that he is telling county prosecutors to force the closure of all dispensaries in the state. He said, “Dispensaries will have to close their doors. Sales or transfers between patients or between caregivers and patients other than their own are not permitted under the Medical Marijuana Act.”
Schuette continued to explain that, based on the ruling, he would “send a letter to Michigan’s 83 county prosecutors explaining that the ruling clearly empowers them to close dispensaries and include instructions on how to file similar nuisance actions to close dispensaries in their own counties.”
[Source]
BMChronic said on Feb 9, 2013
WTFuck
Medical420 said on Feb 9, 2013
this is disheartning as a michigan resident
looks like im gonna start my own grow sooner then i thought though
cmoney710 said on Feb 9, 2013
fuckkk
Mike-420 said on Feb 9, 2013
Its a bummer but everyone who watched the opening arguments should have seen this coming and already planed far enuff ahead.. If you didn't and you thought this was gonna pass .. Its yer own fault when yer outta med
spkavyo said on Feb 9, 2013
Don't know Michigan, but why the backlash? Did Republicans take over state government? Hopefully there's money for an appeal.
Mike-420 said on Feb 9, 2013
yes..Republicans are behind all the changes to the mmj laws in michigan :\
KidChronic said on Feb 9, 2013
some bullshit forsure. started a petition trying to get the ruling overturned. not holding my breath tho, but if i don't try there may be no chance in saving the shops
Mike-420 said on Feb 9, 2013
Fuck it full legalization state wide .. We tried last year and failed to gather enuff siggies.. This year NEEDS to be different.
eddie273273 said on Feb 10, 2013
Failed legalization was because there was no organizing effort to gather signatures . There was no place or person to see the the UP to sign a petition . Contacted people downstate never heard back from them .
Mcdabbers503 said on Feb 10, 2013
Not sad to see a shop go, never visited a good one. But patient to patient is how I obtained meds in the off season… Glad this isn't the off season… Like mike said Shoulda saw this coming and stocked up your 2 and a half ounces
cmoney710 said on Feb 10, 2013
still have 21 days dog
eddie273273 said on Feb 10, 2013
This is what you get when republicans run all three branches of government as they do in Michiganistan . No democracy .
dayzaway99 said on Feb 10, 2013
they do this in california every few months, welcome to the war