MI COA: Dispensaries and Patient-to-Patient SALES of Medical Marijuana are ILLEGAL

Yesterday the Michigan Court of Appeals released their 17-page opinion in the case of State of Michigan v. Brandon McQueen d/b/a Compassionate Apothecary.

View the opinion here: PEOPLE v COMPASSIONATE APOTHECARY – COA Opinion 08-23-11

The Opinion, which was supported by all three judges and was authored by VERY CONSERVATIVE Judge Hoekstra, holds that:

1. Dispensaries are a public nuisance;

2. Dispensaries are NOT authorized by the Michigan Medical Marijuana Act;

3. Dispensaries that “sell” marijuana violate the Public Health Code;

4. Dispensaries that violate the Public Health Code are not excused by the Michigan Medical Marijuana Act;

5. Any BUSINESS that receives money, in order to facilitate the transfer of medical marijuana, is operating for a purpose other than to alleviate patients’ debilitating medical conditions – and therefore is not protected by the Michigan Medical Marijuana Act;

6. The Michigan Medical Marijuana Act does not authorize patient-to-patient “sales” of medical marijuana – which is the “delivery” or “transfer” of marijuana “plus the receipt of compensation”;

7. The “medical use” of marijuana does not permit the “sale” of marijuana – which is the “delivery” or “transfer” of marijuana “plus the receipt of compensation”;

8. No provision of the Michigan Medical Marijuana Act permits patient-to-patient “sales” of medical marijuana;

9. A patient or caregiver that “sells” marijuana is not entitled to the presumption that they are engaged in the “medical use” of marijuana;

10. “Using or administering” medical marijuana does not permit the “sale” of marijuana; “a person assists a registered qualifying patient with ‘using or administering’  marijuana when the person assists the patient in preparing the marijuana to be consumed in any of the various ways that marijuana is commonly consumed or by physically aiding the patient in consuming the marijuana”; and

11. “Because the ‘medical use’ of marijuana does not include the ‘sale’ of marijuana, [dispensaries] are not entitled to receive compensation for the costs of assisting in the ‘sale’ of marijuana between [dispensary members.]” In other words, dispensaries CANNOT collect a fee to facilitate the “sale” of marijuana.

However, in footnote 17 on page 14 of the opinion, the Court said this: “…we need not, and do not, reach the issue whether the MMMA permits UNCOMPENSATED patient-to-patient conveyances of marijuana.”

These are the findings of the Court of Appeals.

The bottom line is this: Pursuant to the State of Michigan v. McQueen, medical marijuana dispensaries in Michigan are ILLEGAL if any money exchanges hands. Per  footnote 17, it seems like uncompensated patient-to-patient transfers may possibly be legal – but if any money is involved AT ALL – then the transaction is ILLEGAL.

Dispensary owners: Take note and act accordingly.

– Colin A. Daniels, Esq. of MedicalMarijuanaLawyers.com

 

Advertisements

2 responses to “MI COA: Dispensaries and Patient-to-Patient SALES of Medical Marijuana are ILLEGAL

  1. As a retired attorney favoring the MMA, I am not surprised considering the conservative bench we have at the appellate level. This ruling compels me to return to law solely for the purpose that the constituional amendment not be winnowed away by such judicial activism. I do not see strict constructionists here. The courts are undermining the will of the voters. Shame on them.

  2. The provisions and accusations that are presumed here are not in lawful effect to ones rights. Thus “1. Dispensaries are a public nuisance;” stating as is first rebuttal is that of personal opinion and not of any law, thus not being upheld, just being forfeited as a right against the claimant for ones personal opinion.
    2. “2. Dispensaries are NOT authorized by the Michigan Medical Marijuana Act;” – being as they are NOT authorized they are NOT unauthorized in any category either.

    3. “3. Dispensaries that “sell” marijuana violate the Public Health Code;” – receiving donations or ‘compensation’ is covered under the MMMA act clearly and specifically.

    4. “4. Dispensaries that violate the Public Health Code are not excused by the Michigan Medical Marijuana Act;” – no dispensaries are held to a code basis for Public Health and is null.

    5. “Any BUSINESS that receives money, in order to facilitate the transfer of medical marijuana, is operating for a purpose other than to alleviate patients’ debilitating medical conditions – and therefore is not protected by the Michigan Medical Marijuana Act;” – when is a dispensary considered a business? People donating to the Salvation army in turn to produce profit and revenue are doing what? Medical institutions that are strictly for cancer patients that process and bill you the patient are upholding what medical benefit to the patient? To offer a service is solely that. A service thus which getting benefit out of as 1. the patient in this case, and 2. the service that is being offered and in due process to have ‘donations’ for such to exercise the billing and facility of offering. Geesh that kinda sounds like a Church I attend every Sunday. Should they be shut down for having an offering that I donate to help the overall attendants of that Church?

    6. “6. The Michigan Medical Marijuana Act does not authorize patient-to-patient “sales” of medical marijuana – which is the “delivery” or “transfer” of marijuana “plus the receipt of compensation”;” – Who said anything about selling? And when is a donation considered a sale? For which a patient is being accompanied to by an accord of product which clearly underline states is for their alleviation of a underlining cause for which medically was determined.

    7. “7. The “medical use” of marijuana does not permit the “sale” of marijuana – which is the “delivery” or “transfer” of marijuana “plus the receipt of compensation”;” – Um, if you are able to posses and accompany yourself to the alleviation of ones illness by obtaining MMJ, then how else would you be able to get it? Thats like saying, “yes you can have Vicodin, but the pharmacy cannot give it to you, you cant get it from another patient and you cant get it from your doctor”

    8. “8. No provision of the Michigan Medical Marijuana Act permits patient-to-patient “sales” of medical marijuana;” – thus no act is against it…

    9. “However, in footnote 17 on page 14 of the opinion, the Court said this: “…we need not, and do not, reach the issue whether the MMMA permits UNCOMPENSATED patient-to-patient conveyances of marijuana.” – So, open a dispensary as a patient and only condone the patient-to-patient transactions and compensate the conveyances of marijuana 😉

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s