Pubdate: Thu, 25 Aug 2011 Source: Livingston County Daily Press & Argus (MI) Copyright: 2011 Livingston Daily Press & Argus Contact: http://drugsense.org/url/Kk1qVKJf Website: http://www.livingstondaily.com Details: http://www.mapinc.org/media/4265 Author: Lisa Roose-Church, Daily Press & Argus, Gannett News Service contributed to this report. COURT: LAW DOESN'T ALLOW MEDICAL MARIJUANA SALES Michigan's medical marijuana law does not allow patient-to-patient "sales" of marijuana nor does it allow for the sale of marijuana, the Michigan Court of Appeals ruled Wednesday. The three judge panel said that the Michigan Medical Marihuana Act "does not include the patient-to-patient 'sales' " and that an Isabella County dispensary that sells the drug can be closed because it's a public nuisance. "It doesn't surprise me," said Livingston County Prosecutor David Morse. "Every single court that has decided this issue has reached the same conclusion, except the Isabella (County) court from which this appeal arose. ... This case says what I have been saying and what every court has ruled." The decision can be applied to other cases, including the pending case against Fowlerville-based Marshall Alternatives' owners Christi Marshall, 37, and Alan Marshall, 39, and their employee, Stephanie Baxter, 30, of Howell. The trio is charged with delivering marijuana to an undercover narcotics officer who posed as a medical marijuana patient. The Marshalls did not return a message seeking comment. Denise Pollicella, business attorney for Marshall Alternatives, said the appeals court's decision is flawed because it begins with the premise that "medical marijuana is a controlled substance" and the MMMA says "when used for medical purposes, marijuana is not a controlled substance." "It's lousy legal reasoning and didn't follow the intent of the voters," she said about the appeals court decision. "Their logic was incredibly circular. I think it's an awful law," Pollicella added. "Not only is it a law based on the wrong premise and not what the drafters of the act intended, it's not making it safe. It's not making it easier to do or clear." A lower court earlier ruled that the Mount Pleasant-based Compassionate Apothecary operated within the law when its operators allowed patients or caregivers to buy marijuana that other members had stored in their lockers rented from the facility. The owners provided the mechanism for the sales and took a 20 percent cut of the sale price, according to court records. The appellate judges, however, said that the medical marijuana law doesn't include sales as "medical use," and therefore it does not trump existing anti-drug laws. "Defendants have no authority to actively engage in and carry out the selling of marijuana between ... members," the order read. "We conclude that defendant's operation ... is a public nuisance." The ruling supports the Isabella County prosecutor's effort to close the operation as a public nuisance that violates the state's Public Health Code. The unanimous order was signed by Judges Joel P. Hoekstra, Chris-topher M. Murray and Cynthia Diane Stephens. Howell Police Chief George Basar said the court's decision does not help his officers enforce the law, but it does clarify that "there's no provision in the law for (people) to dispense marijuana ... as they have been." "That law needs to be revised from top to bottom," the chief said. "There are so many holes in the law it's like a sieve. The Legislature is taking a look at it to close it up." Pollicella said it's "going to be a bumpy road" and that the only way for it to be fixed is by the state Supreme Court "or another referendum or the creation of a legal dispensary." Pollicella said she is hopeful the Legislature will act, but she doubts it will because the medical marijuana issue "is worse than gay rights or Social Security" issues in the political arena. "No legislator is going to want to touch it," she said. - --- MAP posted-by: Richard R Smith Jr.