Pubdate: Fri, 20 Aug 2010
Source: Morning Sun (Mt. Pleasant, MI)
Copyright: 2010 Morning Sun
Contact:   http://www.themorningsun.com/
Details: http://www.mapinc.org/media/3938
Author: Susan Field, Clare Managing Editor

Isabella Prosecutor:

MEDICAL MARIJUANA BUSINESS SKIRTS LAW

A Mt. Pleasant medical marijuana business has landed in court, 
accused of skirting the state's medical marijuana law.

Isabella Prosecutor Larry Burdick wants a judge to stop the 
Compassionate Apothecary from distributing medicinal marijuana, 
alleging that owners Matt Taylor and Brandon McQueen are not 
complying with the Michigan Medical Marijuana Act of 2008.

After two days of testimony, Isabella County Chief Judge Paul 
Chamberlain took the matter under advisement late Thursday.

There was no indication of when Chamberlain might issue a ruling.

McQueen and Taylor's attorneys, John Lewis and Dan O'Neil, countered 
that the two are providing a service to those in need by distributing 
medical marijuana from a retail establishment on Michigan Avenue.

Burdick is seeking a temporary restraining order, order to show 
cause, preliminary injunction and permanent injunction,

Burdick argued that McQueen and Taylor's business does not comply 
with the law because it allows for the distribution of medicinal 
marijuana from registered patient to registered patient, whereas the 
law indicates that the drug can only be obtained by a registered 
patient growing the plant or the patient's registered caregiver 
growing the drug.

But O'Neil said the law is "silent" about whether a middleman can 
distribute the drug to registered patients and that McQueen and 
Taylor are easing the pain of patients who for a variety of reasons 
might not have access to medical marijuana.

For instance, O'Neil said, a registered patient who gets the drug 
from his or her registered caregiver could face a shortage if the 
caregiver does not have the drug available or if that caregiver was 
the victim of theft of the plants.

Without someone to distribute the drug, patients can find themselves 
waiting for relief, O'Neil said.

"It causes patients to be in pain for days, weeks and months because 
the cannot access the medical marijuana that they need," O'Neil said. 
"That is where Mr. McQueen and Mr. Taylor provide a service."

Burdick, however, said the law does not allow for such distribution.

"I respect the decision voters made in 2008," Burdick said. "I just 
don't think dispensories are allowed under the statute."

Burdick said the law sets a framework that allows patients to grow 
their own medical marijuana or they can obtain the drug from their 
registered caretakers, but does not address a third party providing 
the drug, Burdick said.

Chamberlain did not indicate when he may reach a decision.

In the meantime, the business remains open. 
- ---
MAP posted-by: Richard Lake