A Mount Pleasant medical marijuana dispensary is operating within the parameters of the Michigan Medical Marijuana Act, Isabella County Judge Paul Chamberlain ruled in an opinion today.
Compassionate Apothecary, 311 W. Michigan St., which now operates as C.A. of Mount Pleasant, had its legality challenged by Isabella County Prosecutor Larry Burdick in August.
Burdick argued the dispensary was not legal because the law, approved by voters in 2008 as a ballot initiative, did not stipulate how the substance may be legally distributed. He wanted an injunction against Compassionate Apothecary, but Chamberlain ruled the business operates legally.
Chamberlain did distinguish he was not ruling on the legality of dispensaries across the state. The Compassionate Apothecary case specifically questions the legality of patient-to-patient transfers even though it operates as a dispensary.
Both owners of C.A., Brandon McQueen and Matt Taylor, are registered caregivers who are allowed to distribute the substance among their patients. McQueen also is a registered patient.
Chamberlain said the costs and profits of McQueen and Taylor’s business fall within their roles as caregivers, and therefore their business is legitimate.
“Thus, this court finds that defendants’ acts, occupation, or structure is not a nuisance at all times and under any circumstances,” Chamberlain wrote in his opinion. “Defendants only operate their business during designated business hours … and perform their medical marijuana-related conduct pursuant to the MMMA.”
Chamberlain also said C.A. does not interfere with public health or safety and they operate within provisions of the MMMA.