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.