Category Archives: Medical Marijuana

Subsidized Housing In Michigan And Medical Marijuana

Kathy Heller has degenerative discs in her back and has been controlling the pain with medical marijuana. She applied for and received a medical marijuana program card from the state of Michigan.  She lives in subsidized housing, utilizing a Section 8 rent supplement through the Wyoming Housing Commission which governs her area. She showed them her medical marijuana card and they made a copy.

A year later, they sent her a letter terminating her rent subsidy for her apartment.  “We’re federally funded,” said Rebeca Geerling of the Wyoming Housing Commission, “and federal rules (and) regulations pretty much supercede or govern what our agency does.”  The Commission failed to recognize that the federal government does give local agencies leeway to allow medical marijuana users to keep their subsidies.

Without her nearly $600-per-month subsidy, Heller says that her apartment would use up her whole disability check.  She said the Wyoming Housing Commission told her they’d let her keep her rent subsidy if she did not renew her medical marijuana card.  She hopes to hear the results of her appeal by mid-September.  Read the full story here.

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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Samanatha Quoted In Daily Tribune 8/25/2011

Medical Marijuana Business Consultant Samantha Moffett of the Walled Lake-based Ambrose Law Group said she was disappointed with the ruling.

“It is not just business-minded patients and caregivers who believe dispensaries are a legal business structure in Michigan — multiple municipalities across the state have passed ordinances allowing and structuring such businesses,” she said.

“Cities and townships have been able to fill commercial spaces dormant for years, generate jobs, collect licensing fees to fund the municipality, and most importantly, provide safe access to medicine for patients. The appellate court has taken these things from the people of Michigan today.

“As of right now, all dispensaries in the state are considered a nuisance and must be shut down unless they want to be pulled into court. It will be interesting to see how municipalities who have collected licensing fees from these businesses react.”

Read the full article here

 

For information regarding medical marijuana contact Samantha Moffett at 248-624-5500

for information on Michigan’s marijuana laws visit our website www.marijuanalawyermichigan.com

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Michigan Attorney General Will Notify Counties To Shut Down Dispensaries


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.

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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What’s Next For Marijuana Dispensaries?

Authority figures seemingly love to use the word “pot” rather than marijuana because to them it signifies something dirty, something dangerous. A drug that belongs in the gutters of society and at the centerpiece of shady drug deals, not in the hands of patients with debilitating illnesses who find relief in the leafy, green plant. Michigan Attorney General Bill Schuette was happy to use the marijuana alternate a day after medical marijuana dispensaries were declared illegal by the state Court of Appeals. “These pot shops need to be closed down,” he proclaimed. “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.”

Law enforcement will be given the ‘tools’ they need in order to start closing down the 400-500 marijuana clinics throughout Michigan, Schuette said. “Nobody voted to have pot shops across from schools and churches,” he went on to say. “The court of appeals unanimously cleared the air that these dispensaries, these pot shops – really drug houses – are not legal.”

So where does this leave the hundreds of people who have invested everything they have into opening a new dispensary? What about the 100,000 or so people with state-issued medical marijuana cards that rely on dispensaries for their medicine?

Fortunately, in some areas, a county-wide eviction and complete termination of all dispensaries is not that simple. City officials have drafted ordinances to license dispensaries that allowed them to operate, giving them the impression that they were doing so legally. This creates somewhat of a sticky situation, as county prosecutors don’t want to hang medical marijuana patients out to dry when they were under the impression that they were creating a legal business relationship with their local dispensary.

Additionally, some lawyers think that the ruling is merely political. Dispensaries could remain open for business regardless of the court’s ruling, according to Royal Oak Attorney James Rasor. He believes that the Court of Appeals “kind of missed the point”, and that the ruling “does nothing but impermissibly infringe on the rights of the voters.”

What happens in the weeks ahead will go a long way in defining what kind of future medical marijuana will have in the state of Michigan. It’s hard to see the logic in sending ill patients to the streets and stranger’s homes to get their medicine.

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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Michigan Appeals Court Rules Marijuana Dispensaries Illegal

A three-judge panel of the Michigan Court of Appeals ruled today that medical marijuana dispensaries are illegal based on a 2008 law that forbids the sale of the substance. “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 stated. “Therefore, defendants have no authority to actively engage in and carry out the selling of marijuana between (apothecary) members.”

The ruling stemmed from a case in Isabella County where people with state-issued medical marijuana cards sold marijuana to each other.

Our medical marijuana expert, Samantha Moffett, was contacted by the local press in an effort obtain a statement with her reaction to the ruling. She had this to say:

“It is disappointing that the Michigan Appellate Court has ruled against the will of the people.  The lower court’s decision was firmly grounded in law.  The sale of medical marijuana was never legal.  The Michigan Medical Marihuana Act’s plain language allows for a registered Caregiver to receive compensation for assisting a registered Patient in the “medical use” of marijuana.  This language provides protection for a registered Caregiver to receive compensation for their services associated with a Patient’s acquisition, possession, transportation of medical marijuana, all of which creates a legal dispensary-style business.
The Act has a prohibition section, and no where is the transfer of medicine between those legally protected in their possession prohibited.  It is absurd to think the drafters of this law did not contemplate these transactions occurring in a dispensary-style setting.  Common sense and logic tells us they did, and they chose not to prohibit it.
It is not just business-minded Patients and Caregivers that believe dispensaries are a legal business structure in Michigan; multiple municipalities across the State have passed ordinances allowing and structuring such businesses.  Municipalities across the State have done a phenomenal job regulating land use and businesses utilizing their authority under the Michigan Enabling Act and applying the language of the Michigan Medical Marihuana Act.  Cities and townships have been able to fill commercial spaces that have been dormant for years, generate jobs, collect licensing fees to fund the municipality, and most importantly provide safe access to medicine for Patients.  The Appellate Court has taken these things from the people of Michigan today.
There are no answers as to how the hundreds of businesses affected by this decision should react to this decision.  As of right now, all dispensaries in the State of Michigan are considered a nuisance and must be shut down unless they want to be pulled into court.  It will be interesting to see how municipalities who have collected licensing fees from these businesses react to this decision as well.

Marijuana dispensing facilities taking over suburban neighborhoods because there are no legal places available to do it in a commercial space, the weed dealers in parking lots and hallways, dealing without any regulations or ID checks – these evils are the result of the prohibitionary status quo.  These evils are why we should fear this prohibition, not legalization. “

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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Schuette Calls Medical Marijuana Law Holier than Swiss Cheese

Michigan’s medical marijuana law has been abused, exploited and hijacked by pot profiteers, said state Attorney General Bill Schuette in pushing a package of bills that will close loopholes in the law that was intended to provide pot to people with terminal, debilitating and chronic diseases.

“The law has been hijacked by drug dealers who want to make money, line their pockets and make a huge profit,” Schuette said at a news conference this morning where he was flanked by lawmakers, police, prosecutors and doctors. “This law has as many holes as Swiss cheese. It’s out of control and we need to fix it.”

With those strong words Schuette has reaffirmed his position against medical marijuana in Michigan.

As someone who’s father suffers from Multiple Sclerosis I’ve seen the toll prescription medicine can take on someone’s body, and while my father has not chosen to use medicinal marijuana I’m glad it is an option. I find it hard to believe our state leaders are still trying to take away the right we voted for.  I have yet to see the use and distribution of medical marijuana hurt anyone, and in today’s economic climate I feel like our lawmakers and leaders have bigger issues to worry about. While the legislation may need to be updated I hope the Attorney General does not lose sight of what the voters wanted.

View our earlier post here

Holly@ambroselawgroup.com

For more information on Michigan’s marijuana laws visit our website www.marijuanalawyermichigan.com

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Chesterfield Township Sues Big Daddy’s Dispensary

Chesterfield Township is trying to boot a medical marijuana facility from its borders by alleging it violates the zoning ordinance.  The township last Friday sued Big Daddy’s Management Group and three individuals in Macomb County Circuit Court in Mount Clemens for the medical marijuana facility at 52001 Gratiot Ave., between 23 Mile and 24 Mile roads.

“The use of the property as a marijuana dispensary and retail store is illegal and a flagrant violation” of the zoning ordinance, the township says in the lawsuit.  The township says the facility cannot exist in its M-2 ( general manufacturing ) zoned area.  Its function also fails to meet any of the 10 special land uses, such as landfills, race tracks and junk yards, as well as the industrial uses allowed in both M-1 an M-2 zoning, according to the township.  In addition, the defendants failed to obtain a “certificate of zoning compliance” and never submitted a “site plan for change of use of the property,” the township says.  On top of that, it violates a new township ordinance that specifically bans a “medical marijuana dispensary, compassion center or other similar operation for the consumption or distribution of medical marijuana,” the township said.

Big Daddy’s also operates a facility in Oak Park that was raided by police in January.  Oakland County Sheriff’s deputies seized $2,874 in cash, nine pounds of harvested marijuana stored in a freezer, five pounds of packaged marijuana, about two dozen marijuana plants, and 10 pounds of baked goods containing suspected marijuana from facilities on North End Street, according to a published report.  The operators have not been charged and are continuing to operate.

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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Attorney General Targets Medical Marijuana Once Again

People who exploit Michigan’s medical marijuana law are being targeted by Attorney General Bill Schuette.  Today Schuette plans to announce some new legislative proposals he says will protect public safety and address criminals who take advantage of the Michigan Medical Marijuana Act.  The proposals will be announced later this morning in Lansing.

A new petition to recall Attorney General Bill Schuette of Midland has been submitted to Midland County Clerk Ann Manary.  Manary said today that the proposed recall petition language has been filed and that a clarity hearing has been scheduled for Aug. 17.  Lansing resident Richard C. Clement submitted the language for the recall petition, citing Schuette’s opposition to the medical marijuana law, his appealing of a court decision that supported affirmative action in Michigan and his opposition to federally mandated health care.

Read an update of this story here

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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Washington, DC Accepting Applications For Dispensary Licenses

Starting Aug. 5, the D.C. Department of Health is accepting applications for potential growers and dispensers of medical marijuana. The District approved medical cannabis back in 1998, but it was just this past April that Mayor Vincent Gray officially proposed rules for the growing and dispensing of the drug. The plan calls for ten cultivation centers and five dispensaries, and some people already have begun making plans for their would-be operations. The health department will accept applications until Sept. 9.
Read the full story here

If you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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Seattle Company Designs Medical Marijuana Patch for Pet

A Seattle based company has developed a medical marijuana patch for man’s best friend suffering from ailments.  Jim Alekson’s Medical Marijuana Delivery Systems LLC has patented a patch called Tetracan that he says could be used on dogs, cats, even horses.

Developers said the patch would be available for use by humans as well.  They hoped to have it ready for market by the end of the year.

Read the full story here.
IIf you have been charged with a crime related to medical marijuana contact Daniel Ambrose 248-808-3130 or  at www.marijuanlawyermichigan.com

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