Pubdate: Tue, 29 Mar 2011
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2011 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Charles Crumm, For the Daily Tribune
Referenced: Medical Marijuana Act http://drugsense.org/url/8mvr7sW8
Bookmark: http://www.mapinc.org/people/Bill+Schuette
Bookmark: http://www.mapinc.org/topic/Oakland+County
Bookmark: http://www.mapinc.org/topic/Isabella+County
Bookmark: http://www.drugsense.org/cms/geoview/n-us-mi (Michigan)

ATTORNEY GENERAL FILES BRIEFS SUPPORTING PROSECUTORS IN MEDICAL MARIJUANA CASES

Michigan Attorney General Bill Schuette filed court papers Monday in 
support of prosecutors in Oakland and Isabella counties in separate 
court cases seeking clarification of Michigan's Medical Marijuana Act.

In the Oakland County case of State of Michigan v. Redden, Schuette 
filed a brief with the Michigan Supreme Court arguing that 
unregistered users of marijuana are not entitled to assert a defense 
under the Medical Marijuana Act against drug possession charges.

Schuette supports arguments raised by Oakland County Prosecutor Jessica Cooper.

Schuette's brief opposes a September 2010 ruling by the Michigan 
Court of Appeals that asserted that unregistered marijuana users are 
entitled to a defense under the Medical Marijuana Act when found to 
be in possession of marijuana.

Schuette argues that the Act's protection from prosecution for 
possession of marijuana is limited to qualified patients and 
caregivers who are formally registered by the Michigan Department of 
Community Health.

Schuette said that vague language in the law should not be used to 
circumvent the standards of user registration or limits on possession 
of marijuana. Schuette urges the Michigan Supreme Court to review the case.

"This law was intended to aid people with difficult or incurable 
diseases, but some are attempting to exploit the law to essentially 
legalize marijuana and that is wrong," said Schuette. "We will 
continue to seek clarification of the law to ensure the health and 
safety of the general public is protected."

In the second case of State of Michigan v. McQueen, Isabella County 
Prosecutor Larry Burdick is challenging a for-profit transfer of 
marijuana among patients at a Mount Pleasant medical marijuana club.

Schuette supports the prosecutor's request the Michigan Court of 
Appeals to hear the case because the club violates the Medical 
Marijuana Act by allowing profits from sales and patient-to-patient 
transactions.

In December 2010, the Isabella County Circuit Court ruled that 
because for-profit marijuana clubs were not expressly addressed in 
state law, they must be permitted, denying attempts to have the club 
declared a public nuisance. Burdick then asked the Michigan Court of 
Appeals to hear an appeal.

Editor's note: The Michigan Medical Marihuana Act spells "marijuana" 
with an "j," for consistency The OP is spelling all uses of the word 
with a "j."  
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MAP posted-by: Richard Lake