This article was originally published on the Marijuana Patients Organization site on June 18, 2012.
The Michigan Supreme Court reversed past decisions that ruled sales to be illegal. Did the high court say “the sale of medical marijuana is legal?” Not exactly, they said that it was not illegal.
So where is the answer to this question? Exactly where the Supreme Court Justices told us, the answer is in the act. Is it written in disappearing ink or in hieroglyphs? Only if you are Judge O’Connell or Prosecutor Jessica Cooper.
One very important part of the act states that sales are illegal only if the sale is to a non-patient or caregiver, not “my” or “his” patient or caregiver, rather anyone enrolled in the Michigan Medical Marihuana Program, notice emphasis and capitalization of “Any” below.
(k) 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.
333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty.