Medical marijuana dispensaries are not only a “public nuisance,” they’re illegal under the 2008 citizen-initiated law that doesn’t allow for the sale of the drug, a three-judge panel of the Michigan Court of Appeals ruled.
In an opinion released this morning, the panel said a Mount Pleasant dispensary, Compassionate Apothecary, could be shut down because it sells the drug to members who are registered with the state to use or provide marijuana.
Specifically, the “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 ruled. “Therefore, defendants have no authority to actively engage in and carry out the selling of marijuana between (apothecary) members.
Through the group, “defendants actively participate in the 'sale' of marijuana between CA members, but the 'medical use' of marijuana does not include the sale of marijuana.”
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http://www.mlive.com/politics/index.ssf/2011/08/michigan_appeals_court_says_ma.html