This article was originally published on the Marijuana Patients Organization site on April 3, 2011.
Emmet County may seek an opinion from the Attorney General regarding whether the Michigan Medical Marijuana Act (MMMA) allows dispensaries. Based on recent actions and position of the Attorney General’s Office it seems that Attorney General Bill Schuette is not a fan of the Michigan Medical Marijuana Act. But in an October 2008 Detroit News article Mr. Schuette mentioned that by not expressly prohibiting dispensaries or “pot shops”, they are allowed by implication. It will be interesting to see if Emmet County submits its request and how the former judge, now AG responds.
Such an opinion would have a profound effect and immediate impact on how MMMA is enforced and interpreted. The Michigan Court of Appeals stated that “[t]he opinions of the Attorney General are binding on state agencies for limited purposes only until the courts make a pronouncement on the issue.” But AG Opinions hold no precedential authority for a court and a court is not bound to follow them.
At this point, according to the article from petoskeynews.com, it is unclear whether the Board will seek the opinion. Perhaps the Board feels that Mr. Shuette will stand by his 2008 position and as such, the Board does not want a binding opinion that could potentially halt dispensary prosecutions across the state. Sometimes it’s better not ask the question when you know what the answer is – especially when the answer would bind the hands of state agencies.
John Gemellaro, Esq.
http://gemlegal.com/
Emmet could seek Attorney General opinion on medical marijuana dispensaries
County moratorium to be extended to June 31
March 16, 2011|By Brandon Hubbard Petoskey News
After months of review by a committee and several boards, Emmet County may ask for state help in determining how the handle medical marijuana dispensaries in the future.
The Emmet County Board of Commissioners will vote on a resolution to ask their state Rep. Frank Foster, R-Pellston, and Sen. Howard Walker, R-Traverse City, to form a legal opinion on the legality of dispensaries.
In the request, the county asks: “Whether the Michigan Medical Marihuana Act legalizes shops that dispense medical marihuana, collective growing facilities, and/or the cultivations and sale of marihuana as a commercial crop.”
Such an opinion could have statewide implications for the dozens of local governments attempting to create inclusive zoning or restrictions on medical marijuana dispensaries.
Michigan Attorney General Bill Schuette has weighed in against medical marijuana in previous instances. Schuette was a vocal opponent during the medical marijuana act while campaigning for his post last year.
He recently addressed an ongoing case in Grand Traverse County, where medical marijuana cardholder Rodney Koon was charged with being under the influence of drugs while driving. Koon presented his medical marijuana card and admitted to police officers he had smoked pot after being stopped for speeding.
In that case, the attorney general told the media having marijuana in a driver’s body is a crime.
The county board will also vote on an extension to their current moratorium on medical pot dispensaries, putting the new deadline at June 31, 2011. The moratorium was adopted in September 2010.
The Emmet County Board of Commissioners will have its meeting at 6 p.m. Thursday at the Emmet County building in downtown Petoskey.