Pubdate: Fri, 23 Dec 2011
Source: Voice, The (New Baltimore, MI)
Copyright: 2011 Journal Register Company
Contact:  http://www.voicenews.com/
Details: http://www.mapinc.org/media/5146
Author: Jameson Cook, The Voice 

SOME MEDICAL MARIJUANA SALES CAN RESUME AT CHESTERFIELD
BUSINESS

A Macomb County judge Wednesday said he would revise his recent
opinion and allow operators of a former Chesterfield Township medical
marijuana dispensary to maintain, use and transfer the drug in limited
fashion.

Big Daddy's Management Group, which operates the facility, asked the
judge to clarify his ruling last month that declared the facility a
nuisance and banned marijuana on the premises. Big Daddy's says it
complied with the ruling, which followed a Nov. 3-4 evidentiary hearing.

Foster agreed that Big Daddy's should be allowed to grow, cultivate,
use and exchange marijuana as allowed by the Medical Marihuana Act,
passed by voters in 2008.

"I will sit down and rewrite this opinion," Foster said, promising to
issue it within a week. "I cannot prohibit what the people of the
state of Michigan passed and what the Court of Appeals approved."

The ruling satisfied Big Daddy's attorneys.

"It may not be enough to keep Big Daddy's in business, but it's a
fairer order," said attorney Corbett O'Meara. "He's a fair judge, and
gave us a fair hearing today."

O'Meara said he expects Foster will merely add the clause, "except as
allowed under the Medical Marihuana Act."

O'Meara, however, said disagreements could arise because, "There is
confusion about what the MMA allows."

Colleen O'Connor, attorney for the township, opposed the judge
amending his ruling.

"It seems like they are asking the court to rule on hypotheticals
which I don't think is proper," O'Connor said. "There is an abundance
of evidence of the sale of marijuana. You can't do that."

Foster said he did not go into detail about allowing activities
allowed under the MMA in his original ruling because, "I can only rule
on the evidence presented to me."

He reiterated that "patient to patient sales" are illegal, as
determined by the state Court of Appeals decision in People v.
McQueen, which is being appealed to the U.S. Supreme Court.

At the hearing, five patients licensed under the MMA testified about
purchasing marijuana at Big Daddy's; none of the sellers was a
caregiver to whom the patient was registered.

Although the growth and use of marijuana was inferred, there was no
evidence of it taking place. Other potential witnesses declined to
testify, citing their Fifth Amendment right against
self-incrimination.

Foster on Nov. 30 labeled the facility a nuisance because it violated
the law by allowing patients to receive marijuana from sellers who
were not listed as their primary caregiver. He ordered Big Daddy's to
not produce, possess or exchange marijuana on its premises.

Under the MMA, a caregiver can supply for five listed patients,
although some attorneys disagree with that interpretation.

A patient can possess up to 12 plants and 2.5 ounces of marijuana. A
licensed caregiver can possess enough marijuana and plants for himself
and five patients. Caregivers can receive compensation for costs.

Foster on Wednesday also rejected Big Daddy's request that its
attorneys meet with attorneys for the township and state Attorney
General Bill Schuette, who interceded in the case as an interested
party, to clarify rules.

Big Daddy's, located on Gratiot Avenue, remains open, selling growing
equipment and supplies.

The case is not over. Issues remain over Big Daddy's occupancy permit
and whether it violates the zoning ordinance. No court dates have been
set. 
- ---
MAP posted-by: Richard R Smith Jr.