ALGOMA TOWNSHIP OFFICIALS, COMPASSION CLUB REACT TO MEDICAL MARIJUANA RULING

Algoma Township officials heaved a sigh of relief after a panel of
three judges declared patient-to-patient sales of medical marijuana
illegal last week. But Supervisor Dennis Hoemke said while the ruling
is helpful, it is not all that is needed to clarify this ambiguous
law.

The ruling was handed down Wednesday from a Michigan appellate court
in Isabella County. The judges stated the 2008 voter-approved medical
marihuana act does not permit people to sell pot to each other,
regardless of their status as registered patients through the
Department of Community Health.

The judges further said dispensaries go against the state's public
health code, calling such operations a "public nuisance," after which
Attorney General Bill Schuette issued a statement urging law
enforcement agencies and prosecuting attorneys to shut down and
prosecute any known dispensaries, according to the Associated Press
(AP).

Also according to the AP, the Michigan Supreme Court agreed to hear
appeals on the case, which involves Compassionate Apothecary, also
known as CA, located in Mount Pleasant.

Algoma Township is home to local compassion club Project Safer. The
club opened in February and wanted to start a dispensary near the
corner of 10 Mile Road and Algoma Avenue.

Owners Chuck and Joyce Crawford and several of their membership have
attended Township Board meetings regularly, asking officials to
discontinue the township's moratorium on permits and licenses
pertaining to the sale of medical marijuana.

Hoemke said he believes the court's ruling takes some of the pressure
off Algoma to scurry and draft an ordinance that regulates the patient
to caregiver relationship. He said Algoma will continue to wait for
more guidance or legislation clarifying the law.

"I think the ruling speaks for itself and puts forth a very clear
position that I have held all along, and that is that the (Michigan
Medical Marihuana) Act does not address dispensaries so they're
illegal," Hoemke said. "I think this is a good step ... but there are
still a lot of loose ends out there. This at least tells us one thing
about what can and can't happen under that law."

The Crawfords remain intent on operating their club in Algoma Township
and will continue to offer educational and referral services to patients.

Chuck said he also views the ruling as a positive step, even though it
alters his plans. He said the ruling at least draws attention to the
fact that the voter-passed law does not provide a specific way for
patients to obtain their medicine.

"I truly believe we are going to have to make provisions now for some
type of dispensary in order to make this medicine accessible to those
who really need it," he said.

According to the Kent Area Narcotics Enforcement Team (KANET), there
are at least six dispensaries in Kent County. Attorneys with the Kent
County Prosecutor's Office could not be reached Monday to discuss
whether or not they will begin to prosecute those who operate
marijuana dispensaries. KANET Lt. Greg Parolini told reporters with
The Grand Rapids Press he envisions taking action to ensure Grand
Rapids-area dispensaries are shut down.

Montcalm County Prosecutor Andrea Krause does not believe the ruling
was implicit enough for her to know how to handle the type of
dispensary currently being operated by the Mid Michigan Compassion
Club in Sidney Township.

She said Wednesday's ruling makes it clear that patient-to-patient
sales of marijuana, patients selling unused marijuana and dispensaries
earning a profit are all illegal under the Michigan Medical Marihuana
Act (MMMA).

However, caregivers legally can be compensated for their costs in
producing the drug. And additionally, the Mid Michigan Compassion Club
does not allow patient-to-patient sales, nor does it profit from
transactions.

The club's main business involves supplying extra plants to caregivers
so they can meet the demand of their patients and helping patients
whose caregivers cannot deliver their allotted supply.

Transactions that take place at the club must be between club
members.

Krause said she has not received any communication from other law
enforcement agencies or state officials about how to handle
dispensaries like the compassion club's in light of the court ruling.

"I'm interpreting it as I read it," she said of the ruling. "I haven't
received anything else. The Court of Appeals has interpreted the
statute in this case, so this case law is ruling the issue."

She explained she and prosecuting attorneys across the state rely on
legal precedents and case law for guidance on how to apply the state's
various mandates and codes in specific situations.

"Case law is what we use to interpret statutes like the MMMA," she
said. "Because the MMMA is so new, there aren't as many opinions out
there yet."

Krause told Mid Michigan Compassion Club founder Dave Overholt there
are still gray areas in the law and she must continue to research the
issue.