Mich. Court Bars Sale of Medical Marijuana

[Hissyspit]

Source: Associated Press

Aug 24, 5:07 PM EDT

Mich. court bars sale of medical marijuana

By ED WHITE
Associated Press

DETROIT (AP) -- Medical marijuana cannot be sold through private shops, the Michigan appeals court said Wednesday in a major decision that strikes at businesses trying to cash in on pot and cuts off a source for people with chronic ailments.

A three-judge panel said the 2008 medical marijuana law, as well as the state's public health code, does not allow people to sell pot to each other, even if they're among the 99,500 who have state-issued marijuana cards.

The court said Compassionate Apothecary in Mount Pleasant, Mich., can be immediately shut down as a "public nuisance." The 3-0 decision means local authorities can pursue similar businesses, estimated at 200 to 300, in their communities.

It was not immediately clear whether they would, but state Attorney General Bill Schuette said he's notifying all 83 county prosecutors.

Read more: http://hosted.ap.org/dynamic/stories/U/US_MEDICAL_MARIJUANA_DISPENSARIES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

[villager]

1. In some ways, the collapse of this country can't come soon enough

It's completely toxic now, the way it is. This decision by the "court" is just another example.

While the real criminals get cabinet posts and billions on Wall Street.

[sarcasmo]

3. I agree villager, this country is toxic beyond belief. Here in Michigan our douche bag in charge

is throwing 12,000 people off of welfare. Riots are not far off.

[jimlup]

17. I'm also a Michigan resident and yes...

riots are not far off. Things are bad and many people are desperate and it is getting worse rapidly.

[sarcasmo]

18. When the 12,000 fall off the welfare rolls October 1st watch the crime rate skyrocket.

Over 600 of the 12,000 are in Muskegon.

[RKP5637]

4. I've been thinking the same. The US is soooo F'ed up I think anymore

it's beyond redemption. Exactly as you said, "the real criminals get cabinet posts and billions on Wall Street." And we are forced to shell out money to The Corporate Welfare State.

[AndyTiedye]

12. Be Careful What You Wish For

If/When this government does collapse, the Fundies will take over.
They already pretty much control the Air Force and seem to have
gained control of the Army (which now imposes fundamentalist xtian
"Spiritual Fitness" assessments and training on its troops).

[villager]

21. You think the fundies aren't angling to take over, regardless?

The mistake of the ruling economic elites is to imagine they'll be able to "control" them...

[AndyTiedye]

23. Of Course They Are

They can come into power by stealing an election or by hijacking a rebellion.
They are very well positioned to do either, but the former is far more likely.

Of course the elites don't want to live under a theocracy.
They would live above it, like the sheiks in Saudi Arabia
with all of life's pleasures available to them,
and forbidden to everybody else.

[fascisthunter]

15. the presence of fascism is becoming more and more Obvious

we will be seeing more examples... law being dictated by corporate influences... our lives are now being dictated by many "bottom lines" and we don't get to profit from it.

[RKP5637]

2. This crap is so illogical and stupid. One can go drink themselves to

death with alcohol, but medical pot, oh, no no. What a BULLSHIT society we live in. I've been waiting decades for the US to get some brains, about lots of things, but none so far IMO.

[CrispyQ]

5. Unfuckingbelievable.

The other day a DUer suggested this bumper sticker as a reminder that MJ hasn't always been illegal.


Re-legalize It!

[duhneece]

9. I like it nt

[MichiganVote]

6. This is about insurance and drug companies not wanting this thing to work

[socialindependocrat]

7. Every decision shoud benefit the American people!!!

Our elected oficials need to be voted out of office.

They are here to serve the American people.

Every decision should be made to make life better for all Americans.

Greed is what is killing the country!!!

[bluestateguy]

8. Activist judges are legislating from the bench

Making laws from the bench and ignoring the will of the people as they voted in a referendum.

[underpants]

10. They kin sell it in BAAARS!?!??!?

Go Wolverines!!!

[Purveyor]

11. I fully support legalization of marijuana and with that said...

I live here in Michigan, I haven't sought out the 'card' because I knew the law was going to be tested and the courts are stacked against us in this State. Also didn't want to be registered on the official "state list" of cardholders.

Now on to my 'beef'. The law is for 'medical marijuana', not just any person.

My neighbor has a 'card' and shops at one of these dispenceries. His first comment about the experience is "damn I felt like an old geezer as I was the oldest one shopping in the store". He is 37.

Just saying that with our current gov't in MI, things are a changing.

New constitutional referendum needed? Indeed but this time spell out the details.

[Romulox]

30. What business is it of yours what your neighbor does?

"Now on to my 'beef'. The law is for 'medical marijuana', not just any person."

Ever try minding your own business? :eyes: :hi:

[PuffedMica]

13. We must expect a few setbacks along the way, but full legalization will be here in a year or two

The war on drugs is too expensive to continue. With the deficit situation in this country, enforcement of marijuana laws has no cost to benefit ratio, it just has cost.

[greenman3610]

14. they are only showing how out of touch they are

this will not stand. The people voted it in once. They saw that the world did not collapse.
It will be reinstated.

[DreamSmoker]

16. DAAAAAA what the hell did you think would happen

We here in California have been up this tree before..
Fact is who ever wrote and past those state laws and ordinances made this by design...
Californians have recently taken the Cannabis issue all the way to the federal Supreme Court to determine if Californians can supersede Federal laws to get Patients access..
The Feds would not even hear the case and so the California Supreme Court decision stands...
State Law on this trumps Federal Law...
So if the people of this State stand and battle for their right to Cannabis...
The State could very well make it happen legally..
Though many battles will be fought to argue that Federal Law is the absolute law...
Then you will have to deal with Local Governments who will make Ordinances to block any access or go right back to court to prove Federal law trumps again...
Most important one is the Ordinance rule that all have to be legal both local and federally.. Creating this loop hole for themselves...

Bottom line is in the last California election...
The Cannabis Bill to make Cannabis legal like Alcohol lost.. But not by much at all..
This will be re introduced on the Ballot in 2012..
With Gods blessing and more Americans help... We can do this..

[1620rock]

19. But hey, we can strap on giant handguns and parade around the streets with impunity.

[blackspade]

20. How can MJ be distributed then?

If people can not sell to each other, does that mean that robots can?
This ruling is nonsense.

[boppers]

22. You can give it away. You can grow your own.

It's not illegal to distribute, it's illegal to *sell*.

[Romulox]

24. That wasn't the decision. Dispensaries are operating in Michigan, today.

Read the decision again (for the first time!)

[boppers]

27. Got a link?

From the article:
"There is no dispute that the marijuana law makes no mention of dispensaries; it doesn't even indicate how people should get their dope. It says people can possess up to 2.5 ounces of "usable" pot and keep up to 12 plants in a locked place. A caregiver also can provide marijuana."

"The `medical use' of marijuana does not include patient-to-patient `sales' of marijuana. Defendants, therefore, have no authority under the (law) to operate a marijuana dispensary that actively engages in and carries out patient-to-patient sales," said appeals court judges Joel Hoekstra, Christopher Murray and Cynthia Diane Stephens.

...The way people were opining in the article, the implication was that all dispensaries were being shut down.

Of course, this wouldn't be the first time that the press story was glossing over the finer legal print.

[Romulox]

28. Start with reading the Statute: MCL 333.26430(e).

And I quote: "(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances."

http://www.legislature.mi.gov/(S(1jvv0hyxd041c1zxiiw3pnyx))/mileg.aspx?page=getObject&objectName=mcl-333-26424

"...The way people were opining in the article, the implication was that all dispensaries were being shut down."

You've got to put a finer point on the matter than that. In fact, the Michigan Medical Marihuana (sic) Act ("MMMA") allows for "Primary Caregivers" to cultivate plants for up to five patients. As you can see, the "Primary Caregiver" is explicitly enabled by the statute to receive compensation. So when they speak of "patient to patient 'sales'", what they're talking about are transfers outside of this patient-primary caregiver relationship--they aren't speaking about caregiver-patient sales. They're instead speaking about "walk in off the street" dispensaries. So they didn't say money can't change hands; rather, the MMMA contemplates compensation for the sale of marijuana within the patient-caregiver relationship. It does not speak to transfers outside of this relationship, which presumably are regulated by the old drug laws existing in the criminal code.

Now then, all that said, "walk in off the street" dispensaries are being LICENSED by cities such as Ann Arbor. Which means that the city of Ann Arbor will not be able to, on one hand, license the places, and then on the other hand, shut them down. Therefore, nearly 200 dispensaries are open for business today in Michigan, the Appeals Court notwithstanding. In perhaps what can be seen as a microcosm of the entire issue, the State of Michigan and its rightwing AG simply don't have either the police force nor the prosecutors to shut these places down--they will be shut down, if at all, by individual communities, many (perhaps most) of which have no desire (nor any duty) to execute Governor Snyders rightwing jihad against sick people.

[Honeycombe8]

25. Michigan oughtta be happy that SOMETHING is selling in that state!

Talk about stupidity run amuck!

[saras]

26. Under what law is selling illegal?

I can't find any mention in the article of whatever law makes selling illegal. The court said they can't, but from the article, it appears that the court thinks everything about marijuana is automatically illegal unless this law legalizes it. Labeling pot businesses a "public nuisance" seems like stretching the law a bit, and it will certainly fail if they try to stretch that particular law to individuals selling to each other inside private homes.

[Romulox]

29. It's illegal under the criminal code. nt