This article was originally published on the Marijuana Patients Organization site on February 8, 2013.
In a 4-1 decision, the Michigan Supreme Court determined, only licensed Michigan caregivers can operate and own medical marijuana dispensaries in the State of Michigan, and concluded that patient-to-patient sales of the medicine are illegal.
The Court ruled that only a caregiver can receive compensation for the sale of marijuana and that dispensaries operating under a patient-patient guise can be found guilty of violating the civil (not criminal) code and subject to a public nuisance violation. This is contrary to language (clear-english laguage) in the Act that states a patient or caregiver can sell to any patient and clearly provides the consequences for selling to non-patients.
Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed to use marihuana for medical purposes under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.
We find it odd the Court had trouble with the concept of “profit” and who profits since the State of Michigan has realized a huge surplus since administering the Michigan Medical Marihuana Act in 2009. In 2012 the State brought in over $10,000,000, while costs to administer the program were under $3,000,000, yet patient fees have remained the same. Does the State’s action constitute a public nuisance, the “high” court would think so.
The department’s rules shall establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this act. The department may establish a sliding scale of application and renewal fees based upon a qualifying patient’s family income. The department may accept gifts, grants, and other donations from private sources in order to reduce the application and renewal fees.
Great Point
Actually that’s not at all what they said. this is TERRIBLE reporting….”The Michigan Supreme Court says users of medical marijuana can’t buy it at pot shops.
The 4-1 decision Friday is the most significant court ruling since voters approved marijuana for certain illnesses in 2008. It means the state’s 126,000 approved users must grow their own pot or have a state-licensed caregiver grow it for them.
The state appeals court declared dispensaries illegal in 2011, but enforcement has depended on the attitudes of local authorities. Some communities took a hands-off approach while waiting for the Supreme Court to make the ultimate decision.
The case involves a Mount Pleasant dispensary that allowed medical-marijuana users to sell pot to each other. Owners took as much as a 20 percent cut of each sale. Isabella County shut it down as a public nuisance.”
The dispensaries are now legal to operate as long as it is run by a legal caregiver. They just said patient to patient sales are illegal which we already knew. Your reporting isn’t very good Ziggy. Dispensaries aren’t going anywhere.
Ok, caregivers need to be the people operating the dispensaries; however, why is it not made clear that they are NON-PROFIT, they DO NOT SELL, they operate like PBS and other NP’s. PBS gives people a “gift” when they donate to the station, much like when patients donate to dispensaries they intern provide a “gift” clearly not of equivalent value of the donation exactly like PBS gives don’t equal the $value of the donation. The “gift” provided to patients that “donate” to dispensaries are just that a “gift” for a “donation” (clearly the dispensaries is the “gift of life, from the plant of life” mentioned in Genesis); people who operate these facilities do it because they feel it is morally the right thing to do and are not making the large profits that the governments wants to brainwash people into believing; much like they brainwashed the nation and the world in the early 1900’s with Anslinger’s Reefer Madness which actually make it’s way into INTERANTIAL TREATIES which the fed’s can not allow to be dismantled which is why they will not federally do anything to support medical studies even reclassifying as a Schedule II so that FDA studies can be done. They CAN NOT do this without disrupting the entire global political arena because of those treaties. AND IF YOU THINK THIS IS A CONSIPERICY THEORY DO YOUR HISTORICAL RESEARCH!
Okay, let’s clarify. First, the Court held specifically that regardless of how a valid, qualifying, registered patient receives marihuana, as long as it is for his or her medical use and is less than 2.5 ounces, the patient has Sec 4 immunity. Then the Court held that regardless of whether it was compensated or uncompensated, any person who transfers marihuana to someone other than one of his 5 patients connected to him through the registry does nothave immunity, regardless of whether the transaction was compensated or not. Moreover, a business or other person that facilitates a transaction other than a registered caregiver to registered patient transaction is breaking the law. Therefore, the Court banned all compensated and uncompensated transactions other than the sale / transfer of marihuana from a caregiver to his patient connected to him through the registry. Profit, non-profit, club, farmer’s market, service model — doesn’t matter. This was an aggressive and broad overreach and I disagree, but that is now the law.
Denise A. Pollicella, Esq.
Cannabis Attorneys of Mid-Michigan
dpbusinesslaw@yahoo.com
It is not fair to restrict patient to patient sales. Sometimes someone very sick cannot get a hold of their caregiver when they are in need. So sometimes another patient that has a little they can sell them to see them through. However, due to the cost no one can afford to not sell it to help out another patient. There is work going on to legalize marihuana on the federal level and governed by the same regulations as alcohol. Then we won’t have to worry about this crap.
These lawyers and judges are as crooked as the day is long. We voted for this and they do not want to lose their jobs.
Ms. Polliceta is right. The only transfers, and they are permitted with or without any monetary transaction, are permitted between a patient and that caregiver who are connected through the registry. it is not permitted to transfer to a patient unless you have that connected caregiver status.
If a business model can be devised that allows only those transactions it would likely pass legal muster. How does a dispensary, run by caregivers, maintain a large enough customer base when those caregivers can only sell or transfer to any of only five patients?
This headline is NOT at all what the Court said.
At a time when patients are turning to we news sources to tell them the truth about the changes their world is going through, this type of misleading and self-serving headline is irresponsible and dangerous. I won’t plug my own news service on this posting, but there are far more credible outlets for you to get correct info from. Just look at the attorneys who have commented above and you’ll find credible direction.
Here is Neil Rockhinds letter on the law http://www.rockindlaw.com/3265/blog/breaking-news-neil-rockind-analyzes-supreme-court-opinion-in-mcqueen-relax-it-isnt-that-bad/
My dispensery is still open I stocked up today just in case.
Corrupt judges and now I cant go to a compassion club any more. And they wont let insurance pay the cost of marijuana. I rely on this to live
I am screwed because I dont trust going to craiglist for my meds and if my dispensary closes I will be dead. You think Im kidding? I have had so many prescriptions for my spinal surgeries and my liver has deteriorated because of 25 years of chemical pills. I am comfortable because marijuana is legal and it helps me get through thr day with less pain without destroying my organs. If they close my dispensary I am dead!!!
I agree with what Denise P. said. And here is language direct from the Opinion:
APPENDIX
As an aid to judges, practitioners, and the public, we provide the following
summary of our holdings in this case:
(1) The term “medical use,” as defined in § 3(e) of the Michigan Medical
Marihuana Act (MMMA), MCL 333.26423(e), encompasses the sale of marijuana “to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.”
(2) To be eligible for immunity under § 4 of the MMMA, MCL 333.26424, a registered qualifying patient must be engaging in marijuana-related conduct for the purpose of alleviating the patient’s own debilitating medical condition or symptoms associated with the debilitating medical condition.
(3) To be eligible for § 4 immunity, a registered primary caregiver must be engaging in marijuana-related conduct for the purpose of alleviating the debilitating medical condition, or symptoms associated with the debilitating medical condition, of a registered qualifying patient to whom the caregiver is connected through the registration process of the Michigan Department of Community Health (MDCH).
(4) As a result, § 4 does not offer immunity to a registered qualifying patient who transfers marijuana to another registered qualifying patient, nor does it offer immunity to a registered primary caregiver who transfers marijuana to anyone other than a registered qualifying patient to whom the caregiver is connected through the MDCH’s registration process.
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(5) Section 4(i), MCL 333.26424(i), permits any person to assist a registered qualifying patient with “using or administering” marijuana. However, the terms “using” and “administering” are limited to conduct involving the actual ingestion of marijuana.
(6) The affirmative defense of § 8 of the MMMA, MCL 333.26428, applies only to criminal prosecutions involving marijuana, subject to the limited exceptions contained in § 8(c) for disciplinary action by a business or occupational or professional licensing board or bureau or forfeiture of any interest in or right to property.
Join NORML, and lobby your State Representative.
NORML lacks any leadership in Michigan to affect change. And our government has already failed us.
All dispensaries within a 50 mile radius of me have voluntarily shutdown. Now what the heck are legal patients supposed to do now?