News (Media Awareness Project) - US MI: Mount Pleasant Marijuana Dispensary Ruled Legal |
Title: | US MI: Mount Pleasant Marijuana Dispensary Ruled Legal |
Published On: | 2010-12-16 |
Source: | Central Michigan Life (Central MI U, MI Edu) |
Fetched On: | 2010-12-17 03:01:45 |
MOUNT PLEASANT MARIJUANA DISPENSARY RULED LEGAL, NOT INTENDED AS
STATEWIDE DECISION
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.
STATEWIDE DECISION
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.
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