C.A. OF MOUNT PLEASANT WINS MEDICAL MARIJUANA LAWSUIT, BUT COUNTY
PROSECUTOR FILES AN APPEAL

Isabella County Prosecutor Larry Burdick filed a claim of appeal to
challenge Judge Paul Chamberlain's Dec. 16 ruling that a local
medical marijuana dispensary legally operates under the Michigan
Medical Marijuana Act.

Compassionate Apothecary, 311 Michigan Ave., now operating as C.A. of
Mount Pleasant, had its legality challenged by Burdick in August.
C.A. functions as a distributor of medical marijuana through
caregiver to patient transfers.

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 C.A., but Chamberlain ruled in the
business' favor. Burdick maintains the act still does not stipulate
how the substance may be distributed.

"We believe the ruling was erroneous," Burdick said. "The (act) does
not allow Compassionate Apothecary to operate. We disagree with the
central finding of the ruling that patient-to-patient distribution is
permitted."

The ruling Both owners of C.A., Brandon McQueen and Matthew Taylor,
are registered caregivers who are allowed under the MMMA to
distribute the substance among their patients. McQueen also is a
registered patient.

Chamberlain said the costs and profits of the owners fall within
their roles as caregivers, so 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.

Taylor said he is pleased with Chamberlain's ruling.

"The Honorable Judge Chamberlain's (ruling doesn't infringe) ... on
the rights of either patients or caregivers in Michigan, because
their rights are preserved and unchanged under the (MMMA) as it
stands," he said.

Taylor said he disagrees with Burdick's appeal, but he does not
"begrudge him for his beliefs."

"My hope is that this process may expedite research by the State of
Michigan as to a model that best serves the needs of ailing patients
in Michigan within the existing infrastructure," he said.

Chamberlain did distinguish that he was not ruling on the legality of
dispensaries across the state in his Dec. 16 opinion. That case
specifically questioned the legality of patient-to-patient transfers
even though it operates as a dispensary.

Burdick said the decision is limited to his case with C.A., but it
also may serve as precedent for other cases statewide.

"Other businesses that operate in the manner C.A. operates would be
considered legal (under Chamberlain's ruling)," Burdick said.