Medical marijuana dispensaries can be shut down as public nuisances, the Michigan Court of Appeals ruled in a decision announced Wednesday morning.
The three-judge panel, ruling on an Isabella County case, said the Michigan Medical Marihuana Act “does not include the patient-to-patient ‘sales,’ ” report Joe Swickard and John Wisely of the
Detroit Free Press.
Unfortunately, the unfavorable decision can be used as precedent and applied to other cases.
A lower court had ruled that the Compassionate Apothecary was within the law when its operators allowed patients or caregivers to buy marijuana that other members had stored in their lockers rented from the facility. The owners, according to court papers, took at 20 percent cut of the price.
But Michigan’s medical marijuana law doesn’t include sales as “medical use,” according to the appellate judges’ 17-page opinion, and therefore it does not trump existing anti-drug laws.