ATTORNEY GENERAL FILES BRIEFS SUPPORTING PROSECUTORS IN MEDICAL MARIJUANA CASES

Michigan Attorney General Bill Schuette filed court papers Monday in
support of prosecutors in Oakland and Isabella counties in separate
court cases seeking clarification of Michigan's Medical Marijuana Act.

In the Oakland County case of State of Michigan v. Redden, Schuette
filed a brief with the Michigan Supreme Court arguing that
unregistered users of marijuana are not entitled to assert a defense
under the Medical Marijuana Act against drug possession charges.

Schuette supports arguments raised by Oakland County Prosecutor Jessica Cooper.

Schuette's brief opposes a September 2010 ruling by the Michigan
Court of Appeals that asserted that unregistered marijuana users are
entitled to a defense under the Medical Marijuana Act when found to
be in possession of marijuana.

Schuette argues that the Act's protection from prosecution for
possession of marijuana is limited to qualified patients and
caregivers who are formally registered by the Michigan Department of
Community Health.

Schuette said that vague language in the law should not be used to
circumvent the standards of user registration or limits on possession
of marijuana. Schuette urges the Michigan Supreme Court to review the case.

"This law was intended to aid people with difficult or incurable
diseases, but some are attempting to exploit the law to essentially
legalize marijuana and that is wrong," said Schuette. "We will
continue to seek clarification of the law to ensure the health and
safety of the general public is protected."

In the second case of State of Michigan v. McQueen, Isabella County
Prosecutor Larry Burdick is challenging a for-profit transfer of
marijuana among patients at a Mount Pleasant medical marijuana club.

Schuette supports the prosecutor's request the Michigan Court of
Appeals to hear the case because the club violates the Medical
Marijuana Act by allowing profits from sales and patient-to-patient
transactions.

In December 2010, the Isabella County Circuit Court ruled that
because for-profit marijuana clubs were not expressly addressed in
state law, they must be permitted, denying attempts to have the club
declared a public nuisance. Burdick then asked the Michigan Court of
Appeals to hear an appeal.

Editor's note: The Michigan Medical Marihuana Act spells "marijuana"
with an "j," for consistency The OP is spelling all uses of the word
with a "j."