Michigan high court guts state dispensary system

Posted on February 12th, 2013 by Global Ganja Report and tagged , , , , .

cannabisIn a decision that may shutter most of the state's medical marijuana dispensaries, the Michigan Supreme Court ruled 4-1 Feb. 8 that the private sale of medical marijuana is illegal. The court granted an injunction enjoining the defendants' business, Compassionate Apothecary, from selling medical marijuana on the grounds that such sales constitute a public nuisance.

The high court affirmed an appeals court's ruling that the Michigan Medical Marihuana Act (MMMA) does not allow qualifying patients to distribute cannabis to other qualifying patients. The high court did diverge from the lower court in holding that the definition of "medical use" under the act does include the sale of marijuana. But in light of the new ruling, it appears the only ways in which a registered patient may obtain medical marijuana are by growing their own, or working with a caregiver, who is authorized to provide marijuana for up to five patients. (Think Progress, Jurist, Feb. 11)


Photo by the Mad Pothead





Michigan top court: communities cannot bypass state cannabis law

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The Michigan Supreme Court ruled unanimously Feb. 6 that cities may not pass ordinances that conflict with the state's five-year-old medical marijuana law. John Ter Beek, a resident of Wyoming, Mich., challenged a 2010 Wyoming zoning ordinance that prohibited use of cannabis, arguing that his status as a qualified medical marijuana patient and the 2008 state law pre-empted the ordinance. The court also found that the state law is not invalidated by federal law criminalizing marijuana because the state law does not interfere with federal enforcement. The ruling may invalidate ordinances in other cities as well, including Livonia and Bloomfield Hills. (Jurist, Feb. 6)

Comment by Global Ganja Report on Feb 8th, 2014 at 1:18 am

Michigan: new legislation to clarify medical regs

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 The Michigan House of Representatives approved medical marijuana legislation Oct. 6 to clarify the legal regulation of the medical marijuana industry. The "Medical Marihuana Facilities Licensing Act" provides the licensing requirements for businesses to grow, sell and pay taxes on medical marijuana. The "Marihuana Tracking Act" allows the state to monitor medical marijuana providers and issue sanctions for non-compliance with safety and procedural requirements. The legislators also passed amendments to the state's "Michigan Medical Marihuana act" to clarify that the act covers medical marijuana in all forms, including oil, food items and pills. (Jurist, Oct. 8)

Comment by Global Ganja Report on Oct 9th, 2015 at 3:18 pm

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