Pubdate: Sun, 18 Sep 2011
Source: News-Herald, The (Southgate, MI)
Copyright: 2011 Heritage Newspapers
Contact: http://www.heritagenews.com/lettertoeditor/
Website: http://www.thenewsherald.com
Details: http://www.mapinc.org/media/4015
Author: Austen Smith

ATTORNEYS PLANNING APPEAL ON MEDICAL MARIJUANA DISPENSARY RULING

When a state Court of Appeals decision came down Aug. 23 prohibiting
"patient-to-patient sales" of medical marijuana, a growing network of
medical marijuana dispensaries were suddenly thrown into a state of
limbo.

The court determined that defendants Brandon McQueen and Matthew
Taylor, owners of Mt. Pleasant-based Compassionate Apothecary, were
not acting within the boundaries of the 2008 Michigan Medical
Marihuana Act by allowing sales of medical marijuana and retaining up
to 20 percent in profit.

The appellate court opinion overturned an Isabella County Circuit
Court decision and determined the defendants in fact were in violation
of the Public Health Code and could be shut down as a public nuisance.

According to their attorney, however, there is no provision in the
state's Public Health Code making it illegal to sell marijuana -
medical or otherwise.

"There is no offense in the PHC that mentions the words 'sales,'" said
Matthew Newburg, from Newburg Law, PLLC in Lansing.

Newburg said he and attorney Mary Chartier, from another Lansing law
firm, are planning an appeal of the appellate court decision to be
reviewed by the Michigan Supreme Court.

Of course, federal drug laws stipulate that marijuana remains illegal
and is listed as a Schedule 1 narcotic, but Newburg said there is no
state law addressing sales. The Michigan Medical Marihuana Act, also,
does not address sales or dispensaries.

"Whether money exchanged hands as part of the dispensary's normal
operations is irrelevant," he said.

Although the Michigan Medical Marihuana Act and the state's Public
Health Code directly conflict with one another, Newburg said the MMMA
provides an exception, more or less, for licensed patients and
caregivers. He said there are provisions in the Act that safeguard
patients and caregivers from arrest and prosecution.

Newburg said they are gathering information for their appeal and to
determine the best course of action.

In Ypsilanti, the 3rd Coast Compassion Center closed their doors for
one day after the Court of Appeals decision was announced. Since then,
the first medical marijuana dispensary in the state has been operating
normally.

But Jamie Lowell, director for 3rd Coast, said they are still trying
to determine what the court ruling means for them. The dispensary
operates as a non-profit organization that accepts private donations
in order to pay bills and salaries

Lowell echoed Newburg's comments saying that the Michigan Medical
Marihuana Act didn't need to address the selling of medical marijuana
because it was never illegal according to state law.

"What the MMMA did carve out was an exception for the growing and
manufacturing for licensed patients and caregivers," said Lowell.
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MAP posted-by: Richard R Smith Jr.