Pubdate: Sat, 09 Feb 2013
Source: Oakland Press, The (MI)
Copyright: 2013 The Oakland Press
Contact:  http://www.theoaklandpress.com/
Details: http://www.mapinc.org/media/2114
Author: Mike Householder, Associated Press

MICHIGAN SUPREME COURT OUTLAWS MEDICAL MARIJUANA DISPENSARIES

DETROIT (AP) - 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 take 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.

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," 
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