Isabella County Prosecutor Larry Burdick filed a claim of appeal to challenge Judge Paul Chamberlain’s Dec. 16 ruling that a local medical marijuana dispensary legally operates under the Michigan Medical Marijuana Act (MMMA). The dispensary won the appeal
Judge Chamberlain said the costs and profits of the owners fall within their roles as caregivers, so their business is legitimate. “Thus, this court finds that defendants’ acts, occupation, or structure is not a nuisance at all times and under any circumstances,” Chamberlain wrote in his opinion. “Defendants only operate their business during designated business hours … and perform their medical marijuana-related conduct pursuant to the MMMA.”
Judge Chamberlain also said the local marijuana dispensary at the center of this case does not interfere with public health or safety and they operate within provisions of the MMMA.
Judge Chamberlain did distinguish that he was not ruling on the legality of dispensaries across the state in his Dec. 16 opinion. That case specifically questioned the legality of patient-to-patient transfers even though it operates as a dispensary.