Tony Green clearly has a good heart. Sadly, the Michigan Supreme Court doesn’t see it that way.
After Green was arrested for giving the legal 2.5 ounces of marijuana allowed by the state’s medical marijuana code to a fellow patient, a court of appeals tossed out his case saying the transfer was legal. But now the State Supreme court has ordered the charges reinstated and says Green was illegally distributing marijuana. The move could have some far-reaching effects.
See, when Green’s case was initially dismissed in January, it opened the door for mariuana patients to transfer pot between one another and not face prosecution. Or, that’s what everyone though.
As of yesterday, that’s been turned on its head. Michigan’s Supreme Court reviewed the case and has reversed the decision citing a Feb. 8, 2013 case that found “immunity does not extend to a registered qualifying patient who transfers marijuana to another registered qualifying patient for the transferee’s use because the transferor is not engaging in conduct related to marijuana for the purpose of relieving the transferor’s own condition or symptoms.”
Basically, you can have pot to help yourself, but unless you’re a caregiver you can’t give out pot to help someone else. That could even be applied to patients caught passing a joint between one another.
Backwards? You bet.
Now Green will again have to face the charges against him, all for giving someone a legal amount of medical marijuana for free. No word on when he will face trial, but we’ll keep you updated.