Attorney General Bill Schuette said today hell send a letter to all 83 county prosecutors advising them how to use a
Michigan Court of Appeals decision to shut down medical "pot shops."
Because it's binding on local courts, he says the ruling "clearly empowers them to file nuisance actions to seek the closure of medical marijuana dispensaries in their communities.
A three-judge panel today agreed with Isabella County Prosecutor Larry Burdick that the Compassionate Apothecary in Mount Pleasant violated the 2008 voter-approved law authorizing the medical use of the drug.
Violations included allowing patient-to-patient sales, making a profit on those sales by charging a commission and the possession of marijuana in amounts that exceed limits in the law.
AP File PhotoBill Schuette
Schuette says the citizen-initiated Michigan Medical Marijuana Act, approved with 63 percent of the vote, neither legalizes marijuana nor authorizes dispensaries.
This ruling is a huge victory for public safety and Michigan communities struggling with an invasion of pot shops near their schools, homes and churches, Schuette said. Today the court echoed the concerns of law enforcement, clarifying that this law is narrowly focused to help the seriously ill, not the creation of a marijuana free-for-all.
The appeals court said dispensaries are a violation of the both the law and the public health code.
Defendants have no authority to actively engage in and carry out the selling of marijuana between members, the panel ruled, calling the operation a public nuisance.