Pubdate: Fri, 26 Aug 2011
Source: Tuscola County Advertiser (Caro, MI)
Copyright: 2011 Michigan Media, a division of the Edwards Group
Contact:  http://www.tuscolatoday.com/
Details: http://www.mapinc.org/media/4678
Author: Eric Andreychuk

COURT RULES DISPENSARIES ILLEGAL

LANSING -- The Michigan Court of Appeals ruled Wednesday that 
marijuana dispensaries conducting patient-to-patient sales are 
illegal and can be shut down under Michigan's public nuisance law.

The case stemmed from a Mount Pleasant marijuana dispensary, 
Compassionate Apothecary, that was challenged by Michigan Attorney 
General Bill Schuette and Isabella County Prosecutor Larry Burdick.

According to Schuette, the marijuana club was violating the Michigan 
Medical Marijuana Act (MMMA) by allowing profits from marijuana 
sales, patient-to-patient transactions and possession of an illegal 
excess of medical marijuana. The club was profiting with a 20 percent 
commission on patient-to-patient sales of marijuana.

Through the ruling, the Court established the MMMA does not legalize 
marijuana, authorizes use in "limited circumstances," "medical use" 
does not include the sale of marijuana, the MMMA does not authorize 
dispensaries and lower courts can infer that a dispensary's purpose 
is not to alleviate a debilitating medical condition.

"This ruling is a huge victory for public safety and Michigan 
communities struggling with an invasion of pot shops near their 
schools, homes and churches," said Schuette. "Today the Court echoed 
the concerns of law enforcement, clarifying that this law is narrowly 
focused to help the seriously ill, not the creation of a marijuana 
free-for-all."

Schuette will send a letter to Michigan's 83 county prosecutors 
explaining that the ruling clearly empowers them to close 
dispensaries and provide instructions on how to file similar nuisance 
actions to close dispensaries in their own counties.
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MAP posted-by: Keith Brilhart