The Michigan Court of Appeals’ ruling in an Isabella County case took immediate effect and essentially bars the “sale” of marijuana, something that is a main component of some shops’ business models.
The Michigan Medical Marihuana Act is supposed to provide immunity from prosecution for “the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marijuana,” so long as they’ve been authorized to do so for the relief of medical condition or symptom. The way the law stands right now, Caregivers and Patients can have a marijuana transaction, but it seems in a lot of cases only one half of the transaction is legal. The Michigan Court of Appeals ruling makes it a crime for almost anyone — including other licensed medical marijuana users — to provide the pot that card-carrying patients are entitled to acquire, possess, cultivate, etc.
Dispensary critics charge that communities and companies are violating the intent of voters who passed the law in 2008. Attorney General Bill Schuette said there are forces out there trying to twist the law in the opposite direction and legalize drugs, something he said would be “a big mistake for our state.” This is an interesting perspective for Michigan’s Attorney General to have considering the PEOPLE of the State of Michigan support the State’s medical marijuana law by nearly the same margin by which it was adopted in the 2008 election, according to a recent poll
commissioned by the Marijuana Policy Project. The poll, conducted by Marketing Resource Group of Lansing, found that 61% of voters said they would vote yes again or would be likely to vote yes. Support for 2008’s Proposal 1, legalizing the possession and use of marijuana for medical reasons, was 62.6%.
Attorney General Schuette said Wednesday he will notify prosecutors in all 83 Michigan counties about how to close dispensaries in the wake of the state Court of Appeals’ ruling in an Isabella County case.