Pubdate: Wed, 31 Aug 2011 Source: Rockford Independent (MI) Copyright: 2011 Stafford Communications Group Contact: http://mapinc.org/url/KOdDTWu4 Website: http://www.rockfordindependent.com/ Details: http://www.mapinc.org/media/5199 Author: Danielle Arndt, Ryan Jeltema, News Editor for The Daily News in Greenville, contributed to this report. ALGOMA TOWNSHIP OFFICIALS, COMPASSION CLUB REACT TO MEDICAL MARIJUANA RULING Algoma Township officials heaved a sigh of relief after a panel of three judges declared patient-to-patient sales of medical marijuana illegal last week. But Supervisor Dennis Hoemke said while the ruling is helpful, it is not all that is needed to clarify this ambiguous law. The ruling was handed down Wednesday from a Michigan appellate court in Isabella County. The judges stated the 2008 voter-approved medical marihuana act does not permit people to sell pot to each other, regardless of their status as registered patients through the Department of Community Health. The judges further said dispensaries go against the state's public health code, calling such operations a "public nuisance," after which Attorney General Bill Schuette issued a statement urging law enforcement agencies and prosecuting attorneys to shut down and prosecute any known dispensaries, according to the Associated Press (AP). Also according to the AP, the Michigan Supreme Court agreed to hear appeals on the case, which involves Compassionate Apothecary, also known as CA, located in Mount Pleasant. Algoma Township is home to local compassion club Project Safer. The club opened in February and wanted to start a dispensary near the corner of 10 Mile Road and Algoma Avenue. Owners Chuck and Joyce Crawford and several of their membership have attended Township Board meetings regularly, asking officials to discontinue the township's moratorium on permits and licenses pertaining to the sale of medical marijuana. Hoemke said he believes the court's ruling takes some of the pressure off Algoma to scurry and draft an ordinance that regulates the patient to caregiver relationship. He said Algoma will continue to wait for more guidance or legislation clarifying the law. "I think the ruling speaks for itself and puts forth a very clear position that I have held all along, and that is that the (Michigan Medical Marihuana) Act does not address dispensaries so they're illegal," Hoemke said. "I think this is a good step ... but there are still a lot of loose ends out there. This at least tells us one thing about what can and can't happen under that law." The Crawfords remain intent on operating their club in Algoma Township and will continue to offer educational and referral services to patients. Chuck said he also views the ruling as a positive step, even though it alters his plans. He said the ruling at least draws attention to the fact that the voter-passed law does not provide a specific way for patients to obtain their medicine. "I truly believe we are going to have to make provisions now for some type of dispensary in order to make this medicine accessible to those who really need it," he said. According to the Kent Area Narcotics Enforcement Team (KANET), there are at least six dispensaries in Kent County. Attorneys with the Kent County Prosecutor's Office could not be reached Monday to discuss whether or not they will begin to prosecute those who operate marijuana dispensaries. KANET Lt. Greg Parolini told reporters with The Grand Rapids Press he envisions taking action to ensure Grand Rapids-area dispensaries are shut down. Montcalm County Prosecutor Andrea Krause does not believe the ruling was implicit enough for her to know how to handle the type of dispensary currently being operated by the Mid Michigan Compassion Club in Sidney Township. She said Wednesday's ruling makes it clear that patient-to-patient sales of marijuana, patients selling unused marijuana and dispensaries earning a profit are all illegal under the Michigan Medical Marihuana Act (MMMA). However, caregivers legally can be compensated for their costs in producing the drug. And additionally, the Mid Michigan Compassion Club does not allow patient-to-patient sales, nor does it profit from transactions. The club's main business involves supplying extra plants to caregivers so they can meet the demand of their patients and helping patients whose caregivers cannot deliver their allotted supply. Transactions that take place at the club must be between club members. Krause said she has not received any communication from other law enforcement agencies or state officials about how to handle dispensaries like the compassion club's in light of the court ruling. "I'm interpreting it as I read it," she said of the ruling. "I haven't received anything else. The Court of Appeals has interpreted the statute in this case, so this case law is ruling the issue." She explained she and prosecuting attorneys across the state rely on legal precedents and case law for guidance on how to apply the state's various mandates and codes in specific situations. "Case law is what we use to interpret statutes like the MMMA," she said. "Because the MMMA is so new, there aren't as many opinions out there yet." Krause told Mid Michigan Compassion Club founder Dave Overholt there are still gray areas in the law and she must continue to research the issue. - --- MAP posted-by: Richard R Smith Jr.