Uh OH.. COURT RULES! NO DISPENSARIES(DRUG HOUSE FRONTS)

r1tony said:

Nice.

http://www.battlecreekenquirer.com/article/20110824/NEWS01/308240006/Mich-court-bars-sale-medical-marijuana-

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jamiesname said:

I'm not a CG, nor do I have one, but I imagine that it is quite expensive to supply your patients with their meds. Based on this article, a caregiver selling meds to their patients is illegal? How do they cover the cost of the operation so they can at least break even?


I guess instead of exchanging MMJ for money, you can give the MMJ to the patients for 'free' but charge them for the labor, and utility usage.

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jamiesname said:

I'm not a CG, nor do I have one, but I imagine that it is quite expensive to supply your patients with their meds. Based on this article, a caregiver selling meds to their patients is illegal? How do they cover the cost of the operation so they can at least break even?


I guess instead of exchanging MMJ for money, you can give the MMJ to the patients for 'free' but charge them for the labor, and utility usage.

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ThatGuy113 said:

Caregivers can be just as sketch and shady....

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ThatGuy113 said:

I guess I've been lucky both dispensaries I have gone too were both very legitimate. One was opened by a family and they all work there on a daily basis and all have had 15 minute plus conversation with me about there view on the way the community is headed and they were very angry with abuses going on. The other one I went to a younger guy opened up and went through his city, went to board meetings made sure the community was okay with him and his business. The chief of police actually comes in a couple times a week to come in and check up on the store and make sure everything's been running smooth. They also knew exactly how each strain on there menu was grown and seemed to know those growers pretty decently. Maybe I just got lucky? But also I didn't want to walk into any shop that did not meet my expectations just based on the first look I take at the building itself. Both of those places were low key but have professional signs that don't mention marijuana in any form.

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Medical marijuana dispensaries are not only a “public nuisance,” they’re
illegal under the 2008 citizen-initiated law that doesn’t allow for the sale of
the drug, a three-judge panel of the Michigan Court of Appeals ruled.


In an opinion released this morning, the panel said a Mount Pleasant
dispensary, Compassionate Apothecary, could be shut down because it sells the
drug to members who are registered with the state to use or provide
marijuana.


Specifically, the “medical use of marijuana, as defined by the Michigan
Medical Marijuana Act, does not include patient-to-patient sales of marijuana,
and no other provision of the MMMA can be read to permit such sales,” the court
ruled. “Therefore, defendants have no authority to actively engage in and carry
out the selling of marijuana between (apothecary) members.


Through the group, “defendants actively participate in the 'sale' of
marijuana between CA members, but the 'medical use' of marijuana does not
include the sale of marijuana.”


Attorney General Bill Schuette and lawmakers this month vowed to rewrite the
voter-approved law to clarify that physicians who authorize the use of the drug
have a “bona fide” relationship with the patient.


Now, dispensaries are advertising the availability of online certification.
Lawmakers are also seeking to give local authorities greater zoning authority to
restrict stores that have cropped up across the state.


By enjoining the Mount Pleasant store from further operations, the ruling
would appear to give prosecutors and law enforcement the authority to shut them
down. The decision is expected to be appealed to the Michigan Supreme Court,
which has a solid conservative majority.


Believing the law is purposefully vague, local officials have been frustrated
by their inability to close down or regulate what Schuette calls "pot shops."
Some cities have approved moratoriums while in others, like Lansing,
dispensaries have flourished. Just blocks east of the Capitol, there are more
than a dozen in operation.


The appeals panel, Judges Joel Hoekstra, Christopher Murray and Cynthia Diane
Stephens, said an Isabella County trial judge erred in an earlier ruling by
saying that the dispensary operators do not “possess” the marijuana, but merely
facilitate its storage in lockers rented by members.


The law allows a “caregiver” to grow up to 72 plants for himself and five
other patients. The court ruled dispensary operators indeed have possession of
the drug and in amounts far in excess of what the law allows.


Moreover, the court ruled, “the evidence established that in the first two
and half months of operating (the dispensary), defendants sold 19 pounds” of
marijuana to members.


One legislative proposal would restrict caregiver compensation for costs to
their own registered patients and prohibit patients from obtaining legal
marijuana from anyone but their caregiver. Patient-to-patient transfer of the
drug would be illegal. Card holders would no longer be presumed to have obtained
marijuana in their possession legally. Most changes to the law would require a
three-fourths vote since it was crafted and approved through citizen
initiative.


Cannabis United, a lobbying group of physicians and lawyers - but not
dispensaries - says lack of access under the letter of the law approved by
voters “forces” patients to dispensaries and “illegal access” when their one
caregiver isn’t able to supply it. They’d support allowing caregivers to provide
the drug to more patients and allow patients to obtain it from two caregivers
instead of one.

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hightechnate said:

From Mlive, i'd love to jump in this argument but i'm a bit busy.. Just throwin some info for others to read

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r1tony said:

Then if that's true and up and up then more power to them, keep the good fight. About the signs, would you want illegal activities advertised publicly, I mean underground advertising is more powerful why would they risk drawing attention to authorities. If you're that blind then we have many more issues you need to research up on.

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