Pubdate: Thu, 25 Aug 2011
Source: Ann Arbor News (MI)
Copyright: 2011 The Ann Arbor News
Contact: http://www.mlive.com/mailforms/aanews/letters/
Website: http://www.annarbor.com/
Details: http://www.mapinc.org/media/20
Author: Cindy Heflin, News Producer 

MEDICAL MARIJUANA RULING: POT BACKERS, CRITICS DISAGREE ON WHETHER
DISPENSARIES CAN OPERATE

At least one Michigan medical marijuana dispensary was making plans to
close, following an appeals court ruling Wednesday that pot sales are
not allowed under the state's medical marijuana law, the Grand Rapids
Press reported.

Meanwhile, critics and supporters of medical marijuana disagreed about
whether the ruling means dispensaries are not allowed, the Detroit
Free Press reported today.

Michigan Attorney General Bill Schuette said the ruling made it clear
dispensaries are not legal. But according to the Free Press report,
medical marijuana defense attorneys said the shops could stay open
under certain conditions, such as charging for rolling papers and
giving away a small amount of marijuana.

Schuette planned to send a letter to all county prosecutors advising
that the court ruling "empowers them to close dispensaries" based on
the state's nuisance laws.

The court ruling Wednesday was based on an Isabella County case
involving a medical marijuana dispensary called Compassionate Apothecary.

The Compassionate Apothecary collects a $5 monthly membership fee from
medical marijuana caregivers and patients. It allows them to rent
lockers and store small amounts of marijuana there, then allows for
patient-to-patient sales of marijuana while collecting a 20 percent
fee for facilitating sales.

The court said the state's medical marijuana law does not allow
patient-to-patient marijuana sales.

Ann Arbor-area officials and dispensaries were struggling late
Wednesday to determine the immediate impact of the ruling was unclear.
Ann Arbor recently passed an ordinance regulating marijuana
dispensaries. Ypsilanti put its ordinance in place earlier this year.
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MAP posted-by: Richard R Smith Jr.