Court Rules Marijuana Storefronts Illegal

Since Michigan voters approved the medical use of marijuana in 2008, dispensaries have been established all over the state; however, Wednesday’s Court of Appeals ruling that these shops are not authorized by the Michigan Medical Marijuana Act (MMMA) will likely result in most doors closing.

The unanimous, published ruling of the Court of Appeals in State of Michigan v. McQueen doing business as Compassionate Apothecary LLC overturned the decision of the Isabella County Circuit Court and prohibits the patient-to-patient sale of medical marijuana. The dispensary industry, including the Michigan Medical Marijuana Association, viewed the decision as a major set back to the industry and to those legitimate patients seeking relief to ailments; however, they saw little room in the decision to support maintaining the storefronts.

The three-member court, composed of a judge appointed by both former Governors John Engler and Jennifer Granholm as well as a non-appointed, elected member, pointed to the absence of the word “sale” in the MMMA in their unanimous decision, noting that the law authorizes the “delivery” and “transfer” of the substance only.

Michigan Attorney General Bill Schuette joined Isabella County Prosecutor Larry Burdick in the case and stated that he will be communicating with all county prosecutors regarding the decision and informing them that dispensaries in their counties may now be closed based on nuisance actions.

posted by PAA Online , Friday, August 26, 2011 10:36 AM
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