Michigan AG says police not required to return seized medical cannabis

Posted on November 13th, 2011 by Global Ganja Report and tagged , , , , .

cannabisMichigan Attorney General Bill Schuette issued an opinion Nov. 10 finding that law enforcement officers are not required to return confiscated medical marijuana to a patient or caregiver—even though a state law prohibits such seizures. Schuette said the provision in the state's 2008 medical marijuana statute is pre-empted by federal law.

"By returning marijuana to a registered patient or caregiver, a law enforcement officer is exposing himself or herself to potential criminal and civil penalties under [federal law] for the distribution of marijuana or for aiding or abetting the possession or distribution of marijuana," the opinion stated. The opinion followed a request by state Rep. Kevin Cotter (R-Mount Pleasant), who asked the attorney general to clarify the provision of the law. (Detroit News, Nov. 11)

In a complaint filed Nov. 4 in Washtenaw County Circuit Court against Ganja Mama’s Treecity Health Collective, Ann Arbor is meanwhile requesting a court order to inspect the dispensary to ensure compliance with the Michigan Medical Marihuana Act, the state's statute approved by voter initiative in 2008. The order for inspection is overtly a move to close the dispensary. The complaint notes an Aug. 23 ruling by the Michigan Court of Appeals that made it illegal to operate a medical marijuana dispensary. The complaint also says the business is in a zoning district that doesn't allow for cannabis dispensaries in any case. (AnnArbor.com, Nov. 8)

Photo by the Mad Pothead



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