People v McQueen

Michigan Supreme Court Outlaws Marijuana Dispensaries

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This case arose as a public nuisance case, alleging violations of both the Public Health Code and the Michigan Medical Marijuana Act; it forced the issue of whether a business that charges a service fee to facilitate marijuana transfers between certified patients and care providers, complies with the Michigan Medical Marijuana Act.

An Isabella County Circuit Court Judge dismissed the case based on his conclusion that the pot collective, known as Compassionate Apothecary, was in compliance with the act, and essentially turning a blind eye to the membership organization's pecuniary business model and business records.

The intermediate appellate court reversed the trial court and the Michigan Supreme Court agreed to hear the case. In the MSC opinion, dispensaries do not comply with the MMMA and thus, are illegal. The limitations of the Act on the number of plants and the Act's silence about cash sales for transactions factored heavily into the High Court's decesion.

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Published In: Criminal Law Updates, Health Updates

Reference Info:Decision | State, 6th Circuit, Michigan | United States