Isabella Prosecutor:

MEDICAL MARIJUANA BUSINESS SKIRTS LAW

A Mt. Pleasant medical marijuana business has landed in court,
accused of skirting the state's medical marijuana law.

Isabella Prosecutor Larry Burdick wants a judge to stop the
Compassionate Apothecary from distributing medicinal marijuana,
alleging that owners Matt Taylor and Brandon McQueen are not
complying with the Michigan Medical Marijuana Act of 2008.

After two days of testimony, Isabella County Chief Judge Paul
Chamberlain took the matter under advisement late Thursday.

There was no indication of when Chamberlain might issue a ruling.

McQueen and Taylor's attorneys, John Lewis and Dan O'Neil, countered
that the two are providing a service to those in need by distributing
medical marijuana from a retail establishment on Michigan Avenue.

Burdick is seeking a temporary restraining order, order to show
cause, preliminary injunction and permanent injunction,

Burdick argued that McQueen and Taylor's business does not comply
with the law because it allows for the distribution of medicinal
marijuana from registered patient to registered patient, whereas the
law indicates that the drug can only be obtained by a registered
patient growing the plant or the patient's registered caregiver
growing the drug.

But O'Neil said the law is "silent" about whether a middleman can
distribute the drug to registered patients and that McQueen and
Taylor are easing the pain of patients who for a variety of reasons
might not have access to medical marijuana.

For instance, O'Neil said, a registered patient who gets the drug
from his or her registered caregiver could face a shortage if the
caregiver does not have the drug available or if that caregiver was
the victim of theft of the plants.

Without someone to distribute the drug, patients can find themselves
waiting for relief, O'Neil said.

"It causes patients to be in pain for days, weeks and months because
the cannot access the medical marijuana that they need," O'Neil said.
"That is where Mr. McQueen and Mr. Taylor provide a service."

Burdick, however, said the law does not allow for such distribution.

"I respect the decision voters made in 2008," Burdick said. "I just
don't think dispensories are allowed under the statute."

Burdick said the law sets a framework that allows patients to grow
their own medical marijuana or they can obtain the drug from their
registered caretakers, but does not address a third party providing
the drug, Burdick said.

Chamberlain did not indicate when he may reach a decision.

In the meantime, the business remains open.