Pubdate: Sun, 10 Feb 2013
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2013 Associated Press
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Mike Householder, Associated Press

COURT RULES AGAINST RETAIL SALES OF MEDICAL MARIJUANA

DETROIT - The Michigan Supreme Court slammed the door on marijuana 
shops Friday in the most significant legal decision since voters 
approved pot for some chronic medical conditions in 2008.

The owners of so-called dispensaries "are not entitled to operate a 
business that facilitates patient-to-patient sales of marijuana," the 
court said in a 4-1 opinion.

The state's marijuana law makes no mention of pot shops. It says 
people can possess up to 2.5 ounces of "usable" marijuana and keep up 
to 12 plants in a locked place. A caregiver also can provide 
marijuana to as many as five people.

The Supreme Court ruled in the case of Compassionate Apothecary in 
Mount Pleasant. The shop allowed members to sell marijuana to each 
other and took as much as a 20 percent cut. The owners claimed they 
weren't doing anything illegal because the law allowed for the 
"delivery" and "transfer" of marijuana.

The state appeals court, however, said the shop was illegal and could 
be shut down as a public nuisance in 2011. Some dispensaries have 
remained in business while the case was pending. About 125,000 people 
in Michigan are registered to use medical marijuana.

Matthew Abel, a Detroit attorney who specializes in medical marijuana 
law, said it's time for the Legislature to step in and make dispensaries legal.

"This is the end of the road," said Abel, whose firm is known as 
Cannabis Counsel PLC. "It will be a mess until the Legislature 
clarifies what kinds of business entities are allowed to exist."

Michigan Attorney General Bill Schuette, no fan of medical marijuana, 
hailed the court's decision and said he would notify the 83 county 
prosecutors that they are empowered to shut down dispensaries.

"This law is narrowly focused to help the seriously ill, not an open 
door to unrestricted retail marijuana sales," Schuette said in a 
statement. "Dispensaries will have to close their doors."

The majority opinion was written by Chief Justice Robert Young Jr., 
who was joined by justices Stephen Markman, Mary Beth Kelly and Brian 
Zahra. Justice Bridget McCormack, who won election in November, did 
not participate in the case.

The lone dissenter, Justice Michael Cavanagh, said the decision 
conflicts with the purpose of the voter-approved law - to promote 
"health and welfare" of citizens.

"Qualified patients who are in need of marijuana for medical use, yet 
do not have the ability to either cultivate marijuana or find a 
trustworthy caregiver, are ... deprived of an additional route," Cavanagh said.

Tim Beck of Detroit, who helped write the successful 2008 ballot 
proposal, told the Detroit Free Press that advocates purposely 
excluded any mention of dispensaries in the law.

"We thought the word - dispensary - was just too dangerous and would 
cause us to lose at the polls," he said.

State Rep. Mike Callton, R-Nashville, said he will introduce a bill 
to legalize dispensaries. His bill to regulate them never got a 
hearing in 2012.

"Not everyone can grow their own," Callton said. "It's really 
difficult to grow medical marijuana. You're going to have lots of 
people out there without access. It will essentially drive it 
underground, which is not where we want medical marijuana."

He noted that medical marijuana was approved by 63 percent of voters 
and making it available is a "political winner."

"I just have to convince other legislators of this and remind them of 
that," Callton said. licenses. There are enough petition signatures 
to put the question to voters in August or November.

However, tavern licenses, which allow for the sale of beer or wine by 
the glass, can be granted to businesses with the approval of the 
Planning Commission and City Council and don't require a citywide 
vote, according to an opinion by the city attorney.

The Planning Commission is conducting a meeting Monday on the tavern 
license issue, Tungate said.

City voters have three times before rejected ballot proposals to 
overturn the city's ban on sales of alcohol by the glass.

"It's a delicate issue for a lot of people who are conservative," 
Doerr said. "I also think there are a lot of residents who would like 
to see it (allowed) if it is done tastefully and adds value to the city."

Mayor Marian McClellan said she is impressed with Doerr's energy and 
business experience.

"It feels like there is a great forward momentum and we are moving 
into the future," McClellan said.
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MAP posted-by: Jay Bergstrom