The Michigan Court of Appeals has ruled that the sale of marijuana from medical marijuana dispensaries is illegal in Michigan. In this case, two men own a medical marijuana dispensary in Mount Pleasant, Michigan—Compassionate Apothecary, LLC—where medical marijuana patients can buy marijuana from medical marijuana caregivers that rent lockers there. The dispensary keeps about 20% of its revenues as profit.
The Michigan Court of Appeals ruled that nowhere in the Michigan Medical Marihuana Act (MMMA) is the “sale” of marijuana allowed. However, the law does allow for the “delivery” and “transfer” of marijuana. Supporters of medical marijuana across Michigan wonder how patients can get their medicine if dispensaries are closed. Without dispensaries, patients either must grow their own cannabis or have their weed supplied by a caregiver. Under Michigan law, reasonable compensation can be given to caregivers for their work, but the August 2011 Court of Appeals ruling makes it clear that it cannot cross over into a sale of the substance. As experienced drug charge defense attorneys, we think this case will be appealed to the Michigan Supreme Court. However, for now, this new interpretation of the MMMA is binding across Michigan. As a result, many cannabis dispensaries have already closed their doors.
Medical marijuana law is not clear on many issues
There has been talk about revising the medical marijuana law in Michigan because the law is not clear on many issues. The Michigan Supreme Court has already agreed to hear arguments in cases dealing with other aspects of the medical marijuana law in an effort to clear up some of the confusion.
Under both federal law and Michigan law, Marijuana is an illegal controlled substance, and its use, possession, creation, manufacture, and delivery are all drug crimes. The law makes an exception for those with medical marijuana cards, Therefore, it is very important for marijuana patients and caregivers to completely follow Michigan drug law so that they are not convicted of a misdemeanor or felony drug crime.
If you have been charged with a marijuana offense in Michigan, contact an attorney immediately.