People v. McQueen: The Necessity of Requesting a Stay

Recently the Michigan Supreme Court granted leave to appeal in the case of People v. McQueen.  The importance of this imminent decision by the Supreme Court cannot be overstated: People v. McQueen will ultimately determine whether or not medical marijuana patients are permitted, under the Michigan Medical Marijuana Act, to sell or distribute medical marijuana to other patients (and as an extension, whether or not caregivers are permitted to sell or distribute medical marijuana to other caregivers/patients that they are not connect to through the Michigan registry.)

Ultimately, the opinion in People v. McQueen will determine whether or not medical marijuana dispensaries are permitted under Michigan law. (It should be noted that under current Michigan law, it is our opinion that “medical marijuana dispensaries” are illegal. Nevertheless, several “dispensaries” are still operating within certain jurisdictions within the state. However, if local law enforcement decided to step in and shut those businesses down, there is very little that could be done to stop them from closing.)

Given the current situation and the fact that the Supreme Court has granted leave to appeal in People v. McQueen, it would greatly benefit those individuals that have pending criminal cases regarding the distribution of medical marijuana to request a “stay” of their case pending the outcome in McQueen.

This is exactly what our office has done in several medical marijuana cases. In fact, earlier this week a circuit court judge in Macomb County granted our Motion to Stay pending the McQueen decision. The judge granted the Stay in an extremely controversial case involving a defendant that delivered medical marijuana to two undercover police officers that were believed to be legitimate medical marijuana patients. At present, that case is stayed indefinitely pending a decision in McQueen.

We just bought our client a lot of time and perhaps a dismissal, simply by filing a motion and presenting a convincing argument before the Judge. Now we must wait – hopefully for the Supreme Court to acknowledge that patient-to-patient transfers of medical marijuana are legal.

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