Pubdate: Thu, 16 Dec 2010
Source: Central Michigan Life (Central MI U, MI Edu)
Copyright: 2010 Central Michigan Life
Contact:  http://www.cm-life.com/
Details: http://www.mapinc.org/media/2808
Author: Maria Amante
Referenced: The opinion http://mapinc.org/url/w9063y3w
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana

MOUNT PLEASANT MARIJUANA DISPENSARY RULED LEGAL, NOT INTENDED AS 
STATEWIDE DECISION

A Mount Pleasant medical marijuana dispensary is operating within the 
parameters of the Michigan Medical Marijuana Act, Isabella County 
Judge Paul Chamberlain ruled in an opinion today.

Compassionate Apothecary, 311 W. Michigan St., which now operates as 
C.A. of Mount Pleasant, had its legality challenged by Isabella 
County Prosecutor Larry Burdick in August.

Burdick argued the dispensary was not legal because the law, approved 
by voters in 2008 as a ballot initiative, did not stipulate how the 
substance may be legally distributed. He wanted an injunction against 
Compassionate Apothecary, but Chamberlain ruled the business operates legally.

Chamberlain did distinguish he was not ruling on the legality of 
dispensaries across the state. The Compassionate Apothecary case 
specifically questions the legality of patient-to-patient transfers 
even though it operates as a dispensary.

Both owners of C.A., Brandon McQueen and Matt Taylor, are registered 
caregivers who are allowed to distribute the substance among their 
patients. McQueen also is a registered patient.

Chamberlain said the costs and profits of McQueen and Taylor's 
business fall within their roles as caregivers, and therefore their 
business is legitimate.

"Thus, this court finds that defendants' acts, occupation, or 
structure is not a nuisance at all times and under any 
circumstances," Chamberlain wrote in his opinion. "Defendants only 
operate their business during designated business hours ... and 
perform their medical marijuana-related conduct pursuant to the MMMA."

Chamberlain also said C.A. does not interfere with public health or 
safety and they operate within provisions of the MMMA.  
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MAP posted-by: Richard Lake